RBS - refusing my CCA, signature

[garlok]

Re: RBS - refusing my CCA, signature

Yes I agree Elsa. SAR them would be my approach but I would make sure it is detailed (advanced) version as we are not trying to obtain only historical data.

regards
G

[Undercover Elsa]

Re: RBS - refusing my CCA, signature

Can you throw any light on this yourself Ladybird? Do you have copies of the letters Stepchange sent and RBS's responses?
Did Stepchange ask you to fill in a form like the one attached?

[Ladybird]

Re: RBS - refusing my CCA, signature

Hi Elsa, sorry I'm just reading this, had a major migraine the past few days, only just catching up with myself! I don't think StepChange would have done anything re:illness, when I told them at the start of the year I was unable to keep up repayment plan due to illness they just told me they could no longer help me and I had to just write to the creditors myself, kinda left me high and dry! Was never asked to fill in the Debt and Mental Health Evidence Form Ladybird x

[Ladybird]

Re: RBS - refusing my CCA, signature

Hi Elsa, should I get this form filled in? I'm getting married soon and I'm going to my GP after honeymoon to discuss possibility of bipolar - just trying to see if my moods are due to wedding stress! So wondering if I should get her to fill it out once we've discussed bipolar and if I have it? I've already made RBS aware of my mental health problems - sent them letters throughout the years informing them of this and asking for help i.e. token payments for short while, so they are aware of my illness, but just keep pestering me anyway. They sent me a letter today saying the overdraft matter was closed and I told them it wasn't - I'm still waiting for postal orders to be returned (since they cant give me documents), dates accounts were opened, original t&cs so I can see what I agreed to, plus list of charges to accounts.

Haven't heard anything back re: mastercard after sending them signature with tamper proof strip!

Thanks again for all your help
Ladybird x

[MrsD]

Re: RBS - refusing my CCA, signature

sometimes you never do get documents, we've been waiting for over three years for some of ours, so a lot of dealing with these chumps is the waiting game.

[Undercover Elsa]

Re: RBS - refusing my CCA, signature

That's true MrsD. In fact it makes me think we should get them to put their money where their mouth is by sending a SAR direct to RBS re the Overdrafts.
Ladybird - were there any charges applied to these accounts - late payment fees, failed Direct Debits etc?
I would seriously consider investing £10 on a Subject Access Request if you can possibly afford it. This would produce all the info they hold on you, correspondence, copy statements etc etc.
The template is here: http://www.all-about-debt.co.uk/inde...vanced-request

Re the MALG form - it would be no good sending that one in as that is the version that the creditor is supposed to send to you if they deem it necessary.
There is an "assisted self help" version though, but I'd hold fire on that for a wee while.
Could you possibly email me a scan of the letter of complaint you sent to RBS before FOS got involved, RBS's Final Response, your complaint letter to the FOS and their response. I need to know what's already been said before constructing an appropriate plan of action and response.
I'll pm you the email addy to send it to. A copy of a recent I&E form would help to. If you don't have one NEDCAB do an online version here: http://mymoney.nedcab.org.uk/moneyadvice/quickfs.asp

Once we have all the ducks in a row I can do you a letter to hold them off while you await the SAR.

Congratulations on your upcoming wedding by the way!!

Elsa xxx

[garlok]

Re: RBS - refusing my CCA, signature

Hi Elsa,

Excellent response to LB. However depending on the bank's attitude to an advanced SAR they may not always respond in full to the request. We have very recently done this with Barclays as you know, who sent some material not entirely related shall we say and then a letter denying anything exists at all. This letter of course I will use to maximum effect at the appropriate time should it be needed.

regards
G

[Ladybird]

Re: RBS - refusing my CCA, signature

Thank you wedding has been my one thing to keep my positive! I think they did load charges onto me but they stopped me from accessing digibanking, so I have no idea how many charges. I've asked for a list of them. Will do the SAR as soon as I can, with the wedding a week and a half away money is v tight but as soon as we get the dosh I will SAR them.

Thank you for all your help
Ladybird x

[Pixie]

Re: RBS - refusing my CCA, signature

Congratulations on the wedding Ladybird

[Undercover Elsa]

Re: RBS - refusing my CCA, signature

That soon? Awww bless you, you must be so excited!
Right-nothing bad's going to happen very soon when they're only just chuntering about maybe passing it to a debt collector.
No mad rush. If you just get those docs to me in the next few days or whenever you get chance then I can get something ready for you to send them while you concentrate on your wedding arrangements.. Then just forget about it till after your honeymoon!

[Ladybird]

Re: RBS - refusing my CCA, signature

Thanks Pixie! Thanks Elsa it's flew in, I can't believe it's so soon. I've sent you over what I have just now, only missing RBS final response, but can get that to you when I'm home. Thanks so much Elsa, that's a big relief to have this help! Ladybird x

[Ladybird]

Re: RBS - refusing my CCA, signature

Hello me again! Got a reply from RBS Mastercard after sending signature with tamper proof strip. As predicted, they don't have a signed copy, their "true" copy instead they say "the true copy requirement can be satisfied by providing a copy agreement at the date the card agreement was made". Card was taken out in October 2007 - is what they are saying correct or is it unenforceable? Any help would be much appreciated! Thanks so much Ladybird x

[Pixie]

Re: RBS - refusing my CCA, signature

It will be enforceable because of the date it was taken out...after April 2007.

Do you want to blag it?

[Ladybird]

Re: RBS - refusing my CCA, signature

Ah bugger didn't realise the cut off was April! How would I blag it? Sorry I'm a bit hopeless with all this! x

[Pixie]

Re: RBS - refusing my CCA, signature

You blag it by acting as if it were UE. I've been blagging some since 2010.