HELP - CCA advice please

purplealan

rog2 wrote: »

It must be a copy of the original executed agreement. Please check to see that it is not a copy of the agreement currently in force - this can, often, be identified by current charges as opposed to the charges in force at the time you took out the agreement.

They are, strictly speaking, correct in that they do not need to supply a copy of 'the original signed agreement' although it must be a true copy of 'the original executed agreement'.

If you find that what they have sent is not the original executed agreement then, after 12 working days from receipt of your request, they are in default and would need to seek permission from the Courts to enforce the agreement.

Have you sent the '12+2 day' letter? This informs them that they are in default.

Thank you for your reply. Now on investigation it turns out the 'Credit Card agreement' looks very much like a 'currently' enforced agreement. The main thing that sticks ut is the 'Parties' section at the top of the agreement includes my current address of only 2 years. The 'Conditions of use' however, includes an old address and the credit charges are all different.

Is there a letter i can send now to dispute the information they have sent and request the original executed agreement?

Following this mail yesterday i recieved a reply from the Royal Bank of Scotland regarding another CCA request. Now this one has me confused, and i quote:

'we regret to advise that the agreement has been misfiled and despite searching our records we have been unable to locate it. Regrettably we are unable to comply with your request made under section 78(1) of the CCA and return your £1 you paid. Notwithstanding this the agreement remains valid, and we expect you to continue to meet your obligations under the agreement. We should point out that if you cease to make future payments as they fall due we will report the default to the credit reference agencies.

Section 78(6) 'unenforceable' only prevents us from pursuing recovery of the debt through the courts'

I trust this clarifies the matter for you.'

Now, if the agreement is unenforceable through the courts and they admit this, what is my next step without my credit report being

tigerfeet2006

bumping for those in the know

rog2

purplealan wrote: »

'we regret to advise that the agreement has been misfiled and despite searching our records we have been unable to locate it. Regrettably we are unable to comply with your request made under section 78(1) of the CCA and return your £1 you paid. Notwithstanding this the agreement remains valid, and we expect you to continue to meet your obligations under the agreement. We should point out that if you cease to make future payments as they fall due we will report the default to the credit reference agencies.

Section 78(6) 'unenforceable' only prevents us from pursuing recovery of the debt through the courts'

I trust this clarifies the matter for you.'

RBS are wrong, pa, and the fact that they have returned your £1 makes no difference to their legal obligations under the terms of the Consumer Credit Act. If 12 working days have elapsed since they received your original request, then they (RBS) are now 'in default'. This means that, whilst they are in default, they can NOT enter any default against you on your crf. Nor can they add on any interest whilst they are in default.
Without the agreement they can NOT enforce the debt without first obtaining permission from the Courts - this means taking you to Court, at which stage you will be able to state, in your defence, that RBS have, despite your request, not provided you with a true copy of the original executed cca. The Court can, then, deem that the debt is 'irrideemably unenforceable' although RBS may ask for more time to 'produce' the agreement.
Whether you continue to make payments, now, is up to you. The most important thing to remember is that you now are in the driving seat.
Depending upon your initial reasons for requesting the cca you can:

• Cease payments altogether
• offer to pay at a reduced rate
• Make an offer of Full and Final Settlement in order to conclude the matter once and for all

Whilst section 78(6) does specifically only prevent them from 'pursuing payment through the Courts', they have, effectively, admitted that they are unable to supply the cca, therefore the only thing that they can do is to ask you if you wish to make any further payments.
You have two choices - which is one more than RBS.
Should they pass the debt to a Debt Collection Agency they will, then, be acting in direct contravention of the Data Protection Act.