Diamond Vs RBS PPI

[Diamond301]

I am about to start claiming my PPI back from RBS, i have requested and recieved the info back from them although the credit agreement is not signed by either party!! As the agreement isnt signed can i use this further more as my argument for claiming my PPI or should i stick with Mis-selling??

 

Alot of my info on the agreement and application form is wrong (leading me to believe they dont have the original paperwork, eg wrong place of employment for date given, wrong phone number etc etc).

 

Any advice on how to tackle this one would be greatly appreciated.

 

Diamond

[reidnet]

If you submitted a CCA request they have to supply you with a true copy of the Executed agreement, By the sounds of what you are saying they have not supplied you with a true copy.

 

I would tend to write to them explaining that you do not believe the agreement they have supplied is a true copy of the Original agreement and give them 14 days or so to supply the proper Paperwork.

 

Did you request it with a CCA request or a SAR ?

 

Ian

[Diamond301]

Hi Ian,

 

I sent them the CCA request. i have drafted a letter to send to them with regards to the agreement, could you let me have your thoughts on it? Thanks Gemma

 

Dear Sir/ Madam

 

Re agreement no. xxxxxxxx: xxxxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

I wrote to you on May 17th via recorded delivery, requesting a true copy of the signed agreement under the terms of the secs. 77(1) and 78(1) of the CCA 1974, enclosing the statutory maximum fee of £1 in the form of a postal order.

 

I have not been provided with a signed agreement under the consumer credit act, as you are aware, a creditagreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

I do not acknowledge any debt to The Royal Bank of Scotland and I will no longer be making payments against this "debt" as it is unenforceable.

 

[reidnet]

Hi Gemma,

Your letter looks fine, Until they produce a true signed copy of the agreement the debt is unenforceable.

 

Good Luck

 

Ian

[Diamond301]

letter sent off to RBoS last night, will be interested to see what their reply is. Bearing in mind the loan was a result of the excessive bank charges levied on my current account. I know that PPI was just added as a condition of the loan at that time. showing on my loan agreement as £1236 paid to the insurers.

 

Diamond

[Diamond301]

Hi Ian,

 

i know your forte is PPI but i wondered if you could answer the following question for me on bank charges but relating to RBoS. This loan was a result of the charges, RBoS have said they will pay my charges refund into my open acount with them (which is my loan) i have asked them to pay me by cheque as this account is now in dispute - is this correct or can RBoS force me to accept the money into this "open" account?

 

Gemma