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URGENT HELP - RBS have cancelled my card after my request for my agreement


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Hi I wrote to RBS asking for a copy of my agreement in order to reclaim PPI.

 

they have cancelled my card

 

this is the letter i sent

 

"With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act."

Any advise please ?!

 

 

 

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Hi pjd,

 

You need to write to RBoS to ask them why they've recalled your card.

 

Once you have a response, please post back and let us know their response.

 

Best of luck :)

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we received a letter yesterday stating that as I had requested a copy of the agreement which they can't find they are unable to enfore the agreement and as such closed the aco**** with immediate effect.

 

no notice - nothing - we are now unable at the moment to find out the balance on the card etc - we have had this card for 14 years with a credit limit of £10,000 with the balance cleared every month

 

they have told us we will need to reapply as if we have never had a card with them and will be treated like a new customer.

 

is there anything we can do to complain ?

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  • 2 weeks later...

I don't usually post here, I was looking for information on something else.

 

What has happened is after your request for a copy of the original credit agreement RBoS have been unable to locate it which isn't at all unusual, just have a search around in the debt forums... This makes your credit card account completely legally unenforceable and RBoS have quite justifiably closed the account because you could with your new found knowledge run up a debt of £10k and they wouldn't have a leg to stand on in recovering it in Court.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act."
A creditor has to rely upon a copy of the original agreement in order to legally enforce it. It's quite possible that you've been using the card for 14 years without there being a copy of the agreement.

 

It's just a shame (IMHO) that it had little or no balance on it. :(

 

we are now unable at the moment to find out the balance on the card
There is no balance on the card. The account has been closed, whatever was outstanding is legally unenforceable, RBoS has wiped it out and this will be the last you'll hear of it.

 

Hope that clarifies things for you.

 

Best wishes, Dave.

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They still have to provide account statements under S78 CCA and also provide details of your dealings over the last 6 years under the data Protection Act. However, for the latter, you will have to provide the statutory fee of £10. You could then still claim for the PPI and any other unlawful charges

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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They still have to provide account statements under S78 CCA and also provide details of your dealings over the last 6 years under the data Protection Act.

 

Indeed. :)

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

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As previously stated you can still reclaim PPI by sending a SAR. Although the credit agreement is not available the bank can possibly offset any balance on the card against your claim. Although that obviously isn't an issue for you as you clear your balance every month.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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