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    • Bankfodder thanks for your help and yes i am about 90 miles from the garage i have requested the advert from autotrader  waiting for that back.  the dealer is a garage and taxi /minibus firm with a big unit i have taken screen shots of the stock and sales on ebay  and cars for sale on autotrader i have a reciept for my purchase signed etc  so yes i know 30 days is up but like you said its the enforcing it may be an issue but ill take it up to the highcourt as seen on tv lol 
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    • Typical defence that you would expect in response...reads rather like a witness statement than a defence.   Be wary of point 25 .....are you currently indebted to the agreement ?.....they are relying on CPR 16.6 to use a set off defence.   Andy
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My wife CCA'd the RBS regarding her credit card.

 

They have sent back a copy of her application form (below) and a copy of a 7 page Credit Agreement.

The copy of the credit agreement is unsigned (in fact there is nowhere on the agreement to sign)

so I imagine if thats their best effort, the agreement is unenforcable.

 

 

What do you think folks.

 

 

dRBScardapp.jpg

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Hi there,

 

I would be worried about this one - it does contain the prescribed terms.

 

It is actually titled a "credit agreement" but I can't see a judge throwing it out because the word "card" is missing form the middle.

 

Your name, address and signature are present, so is the rate of interest, as is the credit limit and the repayment schedule. It also contains the creditors address and signature.

 

Have a read of this thread by steven4064 about CCA's -

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html

 

You might spot some errors I may have missed.

 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Im afraid I agree with supasnooper

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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As a follow up, try to keep all further correspondence from RBS, and that includes all envelopes !

 

I don't know what stage you are at with the account but if RBS haven't done so already, they may default and terminate the account which may hopefully bring some good news.

 

My apologies, I keep referring to the account as yours when it belongs to your wife.

 

Help us to keep on helping.

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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She has been paying £10 per month for about 3 years now, ever since I lost my job.

 

She signed up in happier times via the internet in 2001 .

 

Why might they default it now, and why might that bring better news?

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If or when they default an account,which usually happens when accounts are two months in arrears (it'll say something in their T&C's), sometimes the default notice isn't up to scratch.

They state incorrect amounts, give less than the legal 14 day requirement to rectify, incorrectly type written, etc.

 

As a Default Notice is a precision document, most if not all aspects of it must be correct.

Any details that are incorrect may make the Default Notice ineffective.

 

So don't despair yet, there may be some hope on the horizon.

Edited by supasnooper
extra info

 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Yes i agree its enforceable im afraid...if you are still getting monthly statements they haven't defaulted it yet...and if there is no interest or charges going on then id say you are doing ok at £10 per month.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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  • 7 years later...

My wife and I have 3 old credit card alleged debts to RBS cards.

 

 

We have been paying them off at £3.00pm since 2009/2010.

 

I went through all the enforceable/not enforceable routine back then and consensus was that they were enforceable.

 

We have had 3 letters from RBS dated 14th June saying they have 'partnered with Westcot who will manage my account."

 

What are the implications of this development?

I'm happy paying the amounts as before,

but don't really want this dozing scenario to wake up.

 

 

Six years on and our credit file is about to look pristine again.

 

What's the best approach these days when they start to write asking for in/ex forms and all the other associated nonsense?

 

Back in the day I had communications with them over other alleged debts

and they went away after various requests for proof/enforceability.

 

Any current advice as I'm not up to date having enjoyed a relatively quiet life from their ilk for 6 years?

 

Thanks

 

Nomore.

Edited by Nomore Baloney
spelim
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cant ever comeback

if the default reached 6yrs

 

 

wetcloths dont buy debts

so don't own the debt

so can be totally ignored

 

 

and ofcourse a DCA is NOT A BAILIFF anyway

 

 

ignore

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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