My credit card is unenforceable????

bungee316

Hi everyone,

I sent in a request to RBS credit card services for a copy of my agreement paperwork. As per the guides on this site. I recently had a successful PPI claim on an RBS loan so thought I would see what was on my credit card as well.

Their reply took 7 weeks to come back (which i'm not overly fussed about) but I dont understand their reply and wondered if anyone could tell me what it means?

"We regret to advise that the card agreement has been misfiled and despite searching out record we have been unable to locate it..... In the circumstances, we accept that we are not able at present to comply fully with your request made under section 78 (1) of the CCA and therefore, pursuant to section 78 (6) of the CCA, we are not able to enforce the agreement until such time as we are able to comply with section 78 (1)..... Although the credit agreement is currently unenforceable, the credit agreement is not void and your obligations to make payments to us under the credit agreement remain"

Now what I dont understand is the "unenforceable" bit what does that technically mean? To me it sounds like they are saying, we cannot force you to continue with the agreement, but we are going to anyway?

Anyone any ideas how to interpret this correctly?

molerat

It means that if you default they cannot enforce the debt in court, they can still totally screw your credit file and set the hounds on you though.

HappyMJ

It means if you wanted to you could ignore them for 6 years and that would effectively write off the debt. It wouldn't be written of in reality but there is nothing they could then do to get the money out of you and would only have a claim on your estate. You would however in the next 6 years have arrears recorded on your credit record which would prevent you from taking out any further credit with anyone.

bungee316

OK that makes sense, they do go on a bit in the letter about credit ratings etc which I just assumed was common practice. I don't miss my credit card payments or anything so its not an issue

happy_bunny_2

Out of interest, how old is it?

I took out one in the 90s and they tried to fob me off with one from 200x which is clearly not a true copy of the original. They never coughed to not having the original.

As said, they can chase you for the debt for 6 years from last payment or acknowledgement in writing then you can tell them to do one. They can trash your credit file from 6 years after they choose to default you for none payment, which should be within 6 months but can be longer.

Thanks

HB

rizla_king

This link might help?

http /oft.gov.uk/about-the-oft/legal-powers/legal/cca/unenforceable-credit-agreements

For you it's not a big deal as you are continuing to pay anyway. But say if you did get into financial trouble and found you couldn't, then it could be useful information to have if they were to threaten court proceedings.