RBS - refusing my CCA, signature

[Ladybird]

Re: RBS - refusing my CCA, signature

Ok the first basically says they don't have a copy of my original overdraft agreements so I can't get a copy - "sorry for any inconvenience". I was quite depressed and on tablets at the time and I would really like to see what I signed/agreed to, so very annoyed at this, do I have any rights here?

Also in this letter and another one, they are demanding I get in touch to make a repayment plan. I don't feel comfy doing this when they don't even have my original paperwork! They are saying if I don't get in touch they will pass my details to solicitor or debt collectors.

Can anyone advise?

Thank you so much, Ladybird x

[MrsD]

Re: RBS - refusing my CCA, signature

how old ars the overdrafts? and when did you last pay anything to them?

we just need a wee bit more info so that we can steer you the right way

[Ladybird]

Re: RBS - refusing my CCA, signature

Sorry, been out at a training course today so Im exhausted and not thinking properly! I took the first one out 2005 and second one around 2007, last payment was start of this year when I was on payment plan, but then due to illness, I couldn't keep up the plan anymore as I'm not working so made token payments. Asked them to consider write off and they were utter b**tards about it (excuse my french). I'm so tired of them, they are just big bullies! Ladybird x

[MrsD]

Re: RBS - refusing my CCA, signature

personally I would just ignore them, pay nothing and wait to see what happens next. Elsa is good at this sort of thing, I'll ask her to pop in when she has a minute.

Don't worry, they aren't going to do anything in the next couple of days, if they ever do, I haven't heard from RBS for three years................................

[Ladybird]

Re: RBS - refusing my CCA, signature

Thank you so much MrsD, I really appreciate all your replies x

[SA Gold]

Re: RBS - refusing my CCA, signature

Just wanted to say all the best with this Ladybird. One things for sure, you are in the right place.

Cheers
Missy

[Ladybird]

Re: RBS - refusing my CCA, signature

Thank you missy x

[Pixie]

Re: RBS - refusing my CCA, signature

Also in this letter and another one, they are demanding I get in touch to make a repayment plan. They are saying if I don't get in touch they will pass my details to solicitor or debt collectors.

Banks always, or almost always, say this sort of thing so try not to worry too much x

[Undercover Elsa]

Re: RBS - refusing my CCA, signature

Hi Ladybird
How much are we talking about with the overdrafts, and did you send an income and expenses sheet and details/proof of your illness when you asked for a write off?
There's a couple of ways to handle this...
Have a read of the thread on challenging overdrafts here: http://forums.all-about-debt.co.uk/s...CA-Information
If that's something you feel up to trying we can help you with that.
Alternatively if you want to push for a writeoff we can look at that too and I can help you with the letters. You'd need to do an expenses sheet and provide proof of illness, ideally.
Are you sure you're getting all the benefits you're entitled to?

Keep your chin up, we'll help you through this

Elsa x

[Ladybird]

Re: RBS - refusing my CCA, signature

Thanks Elsa My overdrafts come to around £2400 combined. yeh I gave them my income/expenditure sheets etc (I had done it through StepChange who had run my payment plan) and gave them lots of proof of illness etc, even went to Financial Ombudsman as they just wouldn't even consider it, still got told no. Yeh, defo on all the benefits I can get just now. Just don't know what to do, they are saying they don't have any original paperwork for me yet refuse to help me. I was so ill when I took them out, I have no idea what I agreed to and I'm wondering if they could be charging me any rates now because there's no original agreement. Thanks again Ladybird x

[Undercover Elsa]

Re: RBS - refusing my CCA, signature

Are they still adding charges or have they been defaulted and terminated?

[Ladybird]

Re: RBS - refusing my CCA, signature

Actually I don't think they are adding interest, don't think they are meant to be, but I have no idea as I don't receive any statements from them and have no access to RBS digibanking anymore lol think they revoked it! x

[garlok]

Re: RBS - refusing my CCA, signature

These are overdrafts I take it? If this is so then they are not covered by the legislation in CCA1974/2006 and there will be no "UE" or otherwise agreement as such. The thread Elsa has given a link to is useful information and provides routes to challenge. However be aware that ODs CAN and have been called in with a very short amount of notice in writing. Stepchange (CCCS) I have no time for at all. Underwritten by the very institutions they are supposedly protecting you from.

You can catch them on the hop with a third party contract as per Hiramchand Punamchand v Temple (1911) in the Court of Appeal and Bracken v Billinghurst (same court) BUT there are risks to that strategy. We did it at 10% when there was no hope for a legal cost of £245.

regards
G

[garlok]

Re: RBS - refusing my CCA, signature

As per the link from Elsa I am still unable to find any specific case law for guidance on the 2010 regulations. However anything which quotes EU "Law" is fraught with ambiguity anyway because the Protocols Appendices (27 & 28) of the Lisbon treaty say that there is actually no such thing as EU Law specifically detailing Poland and the UK as being exempt . Hence the cherry picking of the bits that suit.

As you have already found out the Fobbing Off Service will have nothing to do with it and in any case cannot rule on any point of law. I would suggest trying to keep them at arms length with the strategy suggested (it is untested as such) and try to get it sold on. Then there may be opportunities for negotiations. Its the same with all business accounts ODs and loans and credit cards which we are going through at the moment. By the way Elsa due to the OPs illness is it not possible to invoke the MALG regulations to back 'em off a bit more?

regards
G

[Undercover Elsa]

Re: RBS - refusing my CCA, signature

I would have thought Stepchange would have utilised the MALG guidelines already but then as you say G they are crap, as is the FOS.
It would be useful to know what exactly was done to negotiate. Wonder if it would be worth a SAR to Stepchange?