📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Advice please

Options
Hi, wrote to RBS regarding closed credit card accounts asking for a copy of original loan agreements under section 78 of the CCA. Accounts closed for a few years, but I have the credit card numbers.
They replied refusing this request as section 78 applies to active agreements and mine are closed.
Does anyone know if there is any other avenue I can go down following this as I know I definitely had PPI on these accounts.
Thanks in advance.

Comments

  • EvaCustard
    EvaCustard Posts: 135 Forumite
    You could send an SAR (Subject Access Request) - it'll cost you £10 but at least you should get to see whatever paperwork they have on you.
  • Insider101
    Insider101 Posts: 1,062 Forumite
    Gs57bdance wrote: »
    Hi, wrote to RBS regarding closed credit card accounts asking for a copy of original loan agreements under section 78 of the CCA. Accounts closed for a few years, but I have the credit card numbers.
    They replied refusing this request as section 78 applies to active agreements and mine are closed.
    Does anyone know if there is any other avenue I can go down following this as I know I definitely had PPI on these accounts.
    Thanks in advance.

    Why do you want a copy of the loan agreement?
  • sun73
    sun73 Posts: 498 Forumite
    Part of the Furniture 100 Posts
    Some banks ask for the credit agreement with a ppi complaint (especially those from pre-Jan 2005), even if you provide the account number in the questionnaire, however, if you've got other evidence of ppi they might proceed without the original document.


    Gs57bdance, if your credit card was only closed a few years ago, the bank might still have a record of it, have you phoned their helpline? If not a SAR should produce what you are looking for.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    sun73 wrote: »
    Some banks ask for the credit agreement with a ppi complaint
    No they don't I'm afraid!
    They can certainly ask for proof of payment if they no longer have evidence themselves. By itself, the credit agreement is useless apart from to detail the account numbers. It does not prove any PPI was paid because it could have been cancelled during the "cooling off period". Banks without documentation would need statements from the customer.

    The reason the OP wants the Agreement is that the MSE advice article suggests people should ask the Bank for it (on open accounts) because it's a cheaper alternative to a full SAR.
    EvaCustard wrote: »
    You could send an SAR (Subject Access Request) - it'll cost you £10 but at least you should get to see whatever paperwork they have on you.
    Probably best to check with the Bank directly first before this.
  • sun73
    sun73 Posts: 498 Forumite
    Part of the Furniture 100 Posts
    HFC and Clydesdale Banks both asked for our credit agreements, one a loan and one a card.
  • dunstonh
    dunstonh Posts: 119,759 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    sun73 wrote: »
    HFC and Clydesdale Banks both asked for our credit agreements, one a loan and one a card.

    They should not do so and they are not required UNLESS there is a lack of evidence available and the bank wants your copies as they attempt to reconstruct the amount paid.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • tonitarzan
    tonitarzan Posts: 27 Forumite
    Send an SAR and they you should be fine mate
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.1K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.1K Work, Benefits & Business
  • 599.2K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.