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  • #1

    RBS CCA Check

    Hi,

    I had a loan with RBS that was taken out back in 2005 which had a credit card included with it. I have received a letter from Hoist Finance whom have purchased the debt from the credit card requesting payment of approx £3250. I previously requested a copy of my CCA from Robinson Way back in 2020 and they advised that they could not find it and that the account was unenforcable. I requested the CCA again from Hoist who began chasing the debt in May this year and received an agreement back.

    The loan was paid back in full a few years ago, as well as another credit card that was linked to the loan too.

    The weird thing is, I dont think that it is the correct agreement for this card, as the statements show the credit limit as starting in 2008, but the agreement was signed in 2005. Could somebody please have a look at the agreement for me and advise if it looks Ok?

    I havent attached it to this post as I wasnt sure if I should email it to webmaster instead.

    Cheers,
    Andy.
    Tags: None
  • #2
    send CCA copy to:- webmaster@all-about-debt.co.uk for checking and refer to this thread no not redact it as he only one sees it, enforceable or not!
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      write a diary such as:-
      Type of account -
      Date commenced -
      Approx balance -
      Date last paid -
      Are you on arrangement or not paying -
      Account owner -
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
      • 2 likes

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      • #4
        apologies for reopening this thread.

        I have now been sent a completely different cca for this account by overdales, which does appear correct. The CCA that they originally provided was for a completely different account which they should not have had access to.

        Does anybody know if they have broken any laws by obtaining that agreement. I have raised a complaint with Lowell asking why I have been provided 2 agreements for the same account and how the other agreement was obtained. Not heard anything back yet.

        Comment

        • #5
          Originally posted by troytess View Post
          apologies for reopening this thread.

          I have now been sent a completely different cca for this account by overdales, which does appear correct. The CCA that they originally provided was for a completely different account which they should not have had access to.
          That who provided? Are you saying that Overdales provided you with two different agreements, or are you referring to the one Hoist provided back in 2022 (which you said didn't seem right). If you do mean the Hoist-sent one, where do Lowell come into it? They aren't mentioned in your original post.

          Sorry, but your post is lacking in detail, and seems a bit garbled.

          Whether any laws have been broken is a question better asked of a solicitor.

          Comment

          • #6
            Thanks for replying.
            Its the same account. I sent cca trequest o hoist in 2022 who provided a cca for an account that was mine but was not the one that they had bought. They then started chasing this debt again last year when they became part of lowell group. I ignored Lowell letters who then passed the debt to overdales solicitors who are part of lowell group.
            I sent a cca request last year to overdales who have now provided the correct cca.
            My question is did Hoist\Lowell break any laws or gdpr rules by obtaining my cca for a different account and falsely claiming it was the cca for this account, or is there any action that I can take regarding their behaviour?

            I hope this makes sense,
            Andy.

            Comment

            • #7
              Thanks for that.

              Please see the last sentence of my previous reply.

              It's possible that it's RBS who are at fault, through having supplied Hoist with the wrong agreement in the first instance, when you CCA'd Hoist, who would have had to seek the agreement from the original creditor.
              • 1 like

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              • #8
                I have recently had a 30 day letter of claim pre action protocol letter from Overdales for this account, which I replied to requesting a copy of CCA, default notice and all notices of assignments ( there have been a few). They have replied to say that they will not not provide them because they have supplied them previously. Can they reply to my request in a letter of claim reply in this manner and can I insist that they provide them again?

                Many thanks for any replies to this, Andy.

                Comment

                • #9
                  I guess the question is - have you asked for and received these documents before?
                  Also have you sent a cca request with the £1 fee for this account before- you can certainly do that more than once.

                  Roughly how much are they claiming? These questions are relevant and not just me being nosey.

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                  • #10
                    It may well be worth sending a DSAR to the original creditor. That should reveal what has or has not been sent to you. An example might be different dates for a DN.

                    Comment

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