RBS failed to send CCA

[happy_bunny]

Hi all

my OH CCAd RBS for a loan taken out late April 2007. After the date the rules changed.

They sent back back a letter stating that after a look down the back of the sofa, they can't find the agreement. They said you did have the money though, here's a statement from your current account that shows the loan credit. No reconstituted agreement was sent.

The loan has just defaulted due to arrears and Wescott have been told to gather the funds from the OH.

Does this mean that they can still go down the court route?

Or does a lack of sending any agreement screw them?

i guess they could reconstitute one if they could be bothered.

shes likely to pay them £50 per month or so.

Thanks

HB

[Still Waving]

Re: RBS failed to send CCA

Hi HB

RBS saying they can't find the agreement is very helpful. Keep that letter very safe as you can use it against follow up recovery attempts later on. They are currently in default of your CCA74 request, so although their agents can chase you for payment, they can't get a court order without an agreement.

Edit: if you are looking into UE, then payments to RBS should cease.

[patchouli]

Re: RBS failed to send CCA

If Westcot now 'own' it shouldn't a sold in dispute be sent?

*pretending I know what I'm talking about*

[Still Waving]

Re: RBS failed to send CCA

Yes I think that should probably be the first response when Westcot start chasing. It should cause them to put things on hold for a couple of weeks or more.

[Undercover Elsa]

Re: RBS failed to send CCA

Wescot may just be acting as the OH's agent. Does it say "our client"?
In any event they are still in default of your CCA request, and as you've had it confirmed in writing, if it was me I'd send this:
http://www.all-about-debt.co.uk/old/...firming-no-cca

Elsa x

[happy_bunny]

Re: RBS failed to send CCA

Hi folks,

Thanks fro the replies.

RBS still own the account, just asking Wescott to collect for them, but we have not heard from them yet for this account.

Just to check, does the UE still work for post April 06 2007 accounts if there is no CCA? That is the date it changed I think? This account is 20th April or maybe a few days later.

Actually, if they have no agremeent, they won't have a clue when it was signed I presume?

Thanks for the template advice Elsa.

Thanks

HB

[SXGuy]

Re: RBS failed to send CCA

they are in default of your request, so it is UE until they provide something. However the difference with this being post 2007 is, they only need a recon to issue a claim, which they could do at any time.