NatWest in breach of CCA 1974 what now?

[ripoffstopper]

HELP PLEASE.......

 

NatWest are in breach of a CCA 1974 Section 77/78 request. They have written to me saying that they cannot provide a properly executed copy of my credit card agreement. However they have passed the debt to Triton Credit Services who have written to me about settlement.

 

Am I right in thinking that whilst they are in breach of a CCA request they cannot pass the debt to DCA? Coincidentally Capital One have just done the same - different DCA though - no copy of card agreement but pursuing the debt.

 

Any advice will be gratefully received, Cheers ROS

[humbleman]

as long as they haven't defaulted you, dont bother. Alternatively offer then 5% ex-gratia, gesture of goodwill, provided they remove record from CRA

[ripoffstopper]

Thanks humbleman, in both cases I've been defaulted.

 

I want to know if the banks can sell or pass a debt to a DCA when they're in breach of the CCA request to provide copies of the executed agreements. Cheers ROS

[archer_66]

from what ive read on here,if they are in default they are not supposed to try to obtain payment on it or issue u a default while they themselves are in default,as it becomes nulled.id contact the credit agencies.also they arent supposed to get a DCA involved either.i asked mine to pass the debt back to the originator as they are now in default due to no CCA they are in default.most DCA's will oblige but some are really stubborn!

[angry cat]

Hi ripoffstopper,

 

Don't panic yet!

Triton Credit Services are the in-house collection department for the RBS group. I would imagine that their intention was to scare you harass you, because the Blue Triton letterheaded paper does indeed look as though Triton is a an external DCA, which it is not.

 

Love AC

[Jeff2000]

HELP PLEASE.......

 

NatWest are in breach of a CCA 1974 Section 77/78 request. They have written to me saying that they cannot provide a properly executed copy of my credit card agreement. However they have passed the debt to Triton Credit Services who have written to me about settlement.

 

Am I right in thinking that whilst they are in breach of a CCA request they cannot pass the debt to DCA? Coincidentally Capital One have just done the same - different DCA though - no copy of card agreement but pursuing the debt.

 

Any advice will be gratefully received, Cheers ROS

 

 

Hello ros,

 

 

It's also time to report them to OFT, Trading Standards and FOS!

 

NatWest have admitted in writing that they cannot give you a copy of your agreement. So that's them b*******!

 

Have Cap 1 admitted the same?

 

 

Best wishes, Jeff.

[ripoffstopper]

Thanks to angrycat, archer 66 and Jeff 2000. Things have moved on.....

Today I received a letter from NatWest stating that they hope I am pleased with their response as they have now supplied

• a true certified copy of the original agreement
  
• Terms and conditions applicable to this account
  
• A statement

Well, I did not request or receive a statement neither did I receive a copy of the agreement - only letters stating they could not find the agreement and I did receive Ts & Cs but I'm not sure when they were printed and if they're relevant.

 

So they've committed a criminal act which I've drawn to their attention and now they're trying to cover up the error by lying about what they've supplied. Surely this is fraud?

 

Where do I go to complain now and what should be my next step? Help please. Cheers ROS

[Jeff2000]

Thanks to angrycat, archer 66 and Jeff 2000. Things have moved on.....

Today I received a letter from NatWest stating that they hope I am pleased with their response as they have now supplied

• a true certified copy of the original agreementTerms
  
• and conditions applicable to this accountAAstatementWelllevant
  

.

 

So they've committed a criminal act which I've drawn to their attention and now they're trying to cover up the error by lying about what they've supplied. Surely this is fraud?

 

Where do I go to complain now and what should be my next step? Help please. Cheers ROS

 

 

Hello ripoffstopper,

 

 

You can start with your local Trading Standards. You can get their e-mail address from your local council. Then send them an e-mail briefly outlining what has happened. They should reply to you giving you a reference number. They will probably want you to send more info, copies of correspondence etc.

 

That should keep you busy for now!

 

 

Good luck, Jeff.

[ripoffstopper]

So things have finally happened.

 

I wrote to Sir Fred Goodwin spelling out everything that had transpired, contacted TSO who were not interested - said they would pass it on to their London office as NatWest HO in London. Still waiting for a response from the OFT & FOS.

 

Now, nearly a month after my letter to the top man at RBS I received the reply below. It just goes to show that The Banks are in turmoil and haven't been following the letter of the law in the way that they have been processing our paperwork.

 

RBS

Gordon F.Pell

Chief Executive

The Royal Bank of Scotland Croup

Retail Markets

1 June 200712th Floor

280 Bishopsgate

 

 

Dear Mr RIPOFFSTOPPER

Thank you for your letter dated 9 May 2007 addressed to Sir Fred Goodwin. Sir Fred is away from the office at present and I am replying on his behalf as Card Services' operations fall within my area of responsibility.

I regret that Card Services has been unable to provide a true copy of the agreement relating to your NatWest Dual Credit Card account. They have tried to meet your requirements and I am sorry that you are unwilling to accept liability for the debt, particularly as you have clearly done so in the past. As we are, at this time, unable to retrieve from our records sufficient information to enable us to satisfy your request under section 78(1) of the Consumer Credit Act (CCA), we are treating the outstanding balance as discharged and the credit agreement as ended. Triton Credit Services have been advised of this decision.

The bank will not be refunding those monies you have already paid in reduction of the account balance. There is no requirement to do so under section 78(1) of the CCA. Our position is that the monies you owed under the agreement were properly due and payable.

The default notice was properly served and your failure to remedy the default within the prescribed period resulted in the bank reporting the position to credit reference agencies. While we are unable to provide a copy of the agreement, the default entry registered with credit reference agencies is considered as correct and the entry will therefore not be removed. However the entry will be updated to confirm that the default balance has been 'satisfied'.

The bank considers that our processing of your data has been fair, lawful and warranted in the circumstances. The registering of the default information was done in accordance with long established procedures and these are acknowledged within the Banking Code. We are satisfied that the default was properly notified to credit reference agencies, and you were sent the appropriate Data Protection Act notifications on the reporting of defaults. If you disagree you have the right to apply to court to have inaccurate personal data rectified, blocked, erased or destroyed. Further information in this is available from the information Commissioner's

website at Information Commissioners Office – Information Commissioner's Office.

Yours sincerely

 

Gordon F Pell. Chief Executive Retail Markets

 

The Royal Bank of Scotland Group pic Registered in Scotland No 45551 Registered Office: 36 St Andrew Square, Edinburgh. EH2 2YB

 

So, another victory for common sense and a great thank you to the members of the

" Consumer Credit Act Agreements" forum and the many, many opinions that have been voiced.

Thanks ROS

[noomill060]

Result.

 

You gave them enough rope and they hung themselves.

[bathgatebuyer]

Wow - fantastic stuff! Royal Bank have failed to respond to my CCA request (12 +30 days now expired) so I think I may just be sending a letter to Mr Goodwin too!

 

Hopefully I'll be joining you in having the remaining £2.2K on my RBS credit card discharged.

[humbleman]

great result RIPOFFSTOPPER, very pleased for you.