Bank says NO cca and hiding behind retaining records for 6 years excuse

[sidewinder]

I'm new on here so go easy on me.

I've kept all ( about 95%) of all statements since 1996 from this bank. Didn't get a Consumer Credit Agreement back when I took out a loan in 2001. Lost job struggled since, matter still on going. CCA bank they say they don't have my CCA as they're only obliged to hold records for 6 years.

Surely that 6 years is the minimum amount of time not max ?

Financial service ombudsman has ruled in their favour without even addressing the issue of enforceability. I didn't expect the FSO to bite the hand that feeds them!!

Does anyone know the exact statutes this falls under or FSA rule ?
and surely this is VERY unenforceable (??)

Can anyone help ?

[Never-In-Doubt]

Re: Bank says NO cca and hiding behind retaining records for 6 years excuse

What utter bollocks. I've heard it all....

No cca = unenforceable. Sod em, they cannot take any "formal" action.

You win - nice one. Yea you get a default, but if your credit file is trashed with late payments at Least u know in 6yrs your file will be clean.

HMRC stipulate 6yrs for retaining documents however this was never a FOS issue, it was DPA so you should have went to ICO. point now is moving forward, as the FOS ruled against you, move on and utilise CCA1974 and claim unenforceability. No agreement means no action can be taken.

[sidewinder]

Re: Bank says NO cca and hiding behind retaining records for 6 years excuse

A 1000 thank you's.

They gave me a default notice back in 2003. I've sat down with them over the desks and seen for myself they have no records to check up on they just get a blank screen when they type in my details, They've said it on paper twice they don't have them.

They've even given my details to a DCA who have pestered like mad. Not sure what's going to happen next.

[Gerry]

Re: Bank says NO cca and hiding behind retaining records for 6 years excuse

Hiya

You can appeal the FOS decision by requesting an independent assessor review the case
　
　
http://www.financial-ombudsman.org.uk/about/our-service-standards.htm

Gerry

[sidewinder]

Re: Bank says NO cca and hiding behind retaining records for 6 years excuse

Just done that today. The person assessing me has a right attitude problem. I spoke to him and he spoke back like I'd just killed his wife!!! Seriously. They are biased. Fact ! why they haven't been shut down is beyond me because they serve no real purpose when it comes to money disputes.

apparently if I lose this one ( which I expect to ) I have the choice to accept their decision which would become legally binding, so I'm told by the FOS or reject it and face whatever comes next.

[Riz]

Re: Bank says NO cca and hiding behind retaining records for 6 years excuse

Is this the sort of response you got?

If so, then it's standard biased guff from the FOS.

If I read it correctly, it could just be the FOS's opinion that they only had to hold it for 6 yeas, not the bank's.

As you know, you can reject that load of tripe

*Mr X* has said he does not feel that the debt is enforceable because *bank* had not provided him a copy of the signed credit agreement. *bank*s letter dated *Mr X* explained that it was unable to provide *Mr X*with copies of the credit agreements due to the length of time that has passed since the accounts were opened. *bank* was only obligated to keep the documents for six years.

Mr *Mr X* has confirmed that he applied for and had the benefit of the funds from the loan and the overdraft facility. *bank* is entitled to hold *Mr X* liable for the balance and take reasonable steps to recover the debt, which includes passing the account to an external collection agent.

*bank* has confirmed that *bank* can contact the collection agents to arrange an interest free repayment plan. If *Mr X* is experiencing financial difficulties then he may wish to contact and make use of a non fee charging debt management agency which might be able to assist in making repayment proposals.

Mr *Mr X*has also mentioned that he feels that the loan and the associated payment protection insurance were mis-sold. *bank* needs to be given an opportunity to answer these complaints. *Mr X* should raise his concerns with *bank* directly before the ombudsman service can investigate this issue.

[sidewinder]

Re: Bank says NO cca and hiding behind retaining records for 6 years excuse

Good lord. Exactly that response. So they push this response out on a conveyor belt then with no thought put into it at all.

I thought they just being arsey with ME, looks like they're arsey with everyone.

[Riz]

Re: Bank says NO cca and hiding behind retaining records for 6 years excuse

Not the first time I've seen a similar letter. I've seen the FOS make some other statements that run completely contrary to statute law (such as legal action should still succeed on a statute barred debt).

It's probably more important to focus on what they haven't said.

The haven't said that it can be enforced through the courts.

Only that it can be passed to an external collector. So what? Whoopee f***in doo! They would be as stuffed as the original creditor.

Honestly, forget the twaddle from the FOS, reject their silly response, and focus on what you know for fact. There is no agreement in existence, which means severe legal strife if they were daft enough to go for court.

However, the debt can still be:

- passed from collector to collector.
- payment requested
- reported to the CRAs subject to normal time limits on data and defaults.
- court action initiated, although they would arguably be likely to fail.

[sidewinder]

Re: Bank says NO cca and hiding behind retaining records for 6 years excuse

The first letter I said about them rejecting my claim made no mention about the subject of enforceability.

the only thing that concerns me is any recent tests cases that have failed. That's a serious worry.

[Never-In-Doubt]

Re: Bank says NO cca and hiding behind retaining records for 6 years excuse

Don't worry. The test cases are no problem at all. Read some diaries, we're kicking arse on a daily basis.

You have proof they don't have an agreement, you also know they cannot enforce it so just ignore em!!

[sidewinder]

Re: Bank says NO cca and hiding behind retaining records for 6 years excuse

It's just the hassle factor. Then again, I don't expect them to roll over and play dead.

In my case there's an absolute trail of destruction from a complete lack of communication in their part having been an I.T contractor with accounts everywhere.

[Never-In-Doubt]

Re: Bank says NO cca and hiding behind retaining records for 6 years excuse

Then let em try and take action. No agreement would render any claim by them as near on impossible to win. They couldn't even make a recon cos they haven't kept your data - so they claim!!

The hassle, we can sort for you.