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  • #1

    RBS Credit Card CCA request-fulfilled?

    Hi all,

    First post on here. Referred from some nice folk at MSE.

    I recently sent a CCA request to RBS for a credit card account opened in the mid 90s.

    They sent back a copy of an agreement that has an address 5 years after I opened the account. It is certainly not a copy of the original.

    When I queried it, they said that they "can provide a 'true copy' that does not need to contain all the personal information of the borrower or a signature box or dates of signatures." They basically say they have done what they legally have to and that I can take any legal redress I like but they won't discuss the matter further.

    They also sent me a copy of my latest statement and a copy of the letter that came with the last card they sent.

    also, does this agreement allow interest and charges to be added after a default?

    Would someone mind looking over the attached?


    Thanks in advance
    Attached Files
    Tags: act, action, ban, banks, businesses, card, cca, cca 1974, cca request, charges, claim, con, consumer, consumer credit act, court, credit, credit act, credit card, data, debt, default, documents, dpa, fine, fines, help, ico, internet, legal, letter, missing, oft, questions, rbs, sar, signature, wrong
  • #2
    Re: RBS Credit Card CCA request-fulfilled?

    They do not need to provide "the" original, they can send a recon which they've done.
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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    • #3
      Re: RBS Credit Card CCA request-fulfilled?

      They should be sending you a copy of the terms from inception plus current ones from now, seems they've done this so all that's missing is the signature page?

      Is this your only debt? It'd help if you could provide more info/background.... thanks
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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      • #4
        Re: RBS Credit Card CCA request-fulfilled?

        Hi there,

        mid 90s, the address they put on I did not live at until 2000/2010 and the credit limit is not right, it was around 2k initially I think

        Should I SAR them for the original?

        Thanks

        Comment

        • #5
          Re: RBS Credit Card CCA request-fulfilled?

          Originally posted by happy_bunny View Post
          mid 90s, the address they put on I did not live at until 2000/2010 and the credit limit is not right, it was around 2k initially I think
          Both those are technically wrong so they haven't 100% complied with the request.

          Whether such a technical breach would mean much if it ever went to court I'll leave others to comment on.
          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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          • #6
            Re: RBS Credit Card CCA request-fulfilled?

            I would say this isnt a "recon".

            The default charges are £12, indicating post 2006
            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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            • #7
              Re: RBS Credit Card CCA request-fulfilled?

              Not a recon mate. A copy of terms.

              Ok, what they've sent is simple terms. Fine, great - but is that all?

              There has to be some sort of agreement "regulated by the cca 1974".

              That document ain't there so this is

              Easy to remedy, but still. That's that!
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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              • #8
                Re: RBS Credit Card CCA request-fulfilled?

                Originally posted by Never-In-Doubt View Post
                Not a recon mate. A copy of terms.

                Ok, what they've sent is simple terms. Fine, great - but is that all?

                There has to be some sort of agreement "regulated by the cca 1974".

                That document ain't there so this is

                Easy to remedy, but still. That's that!
                Seems a common theme doesn't it, they just keep sending out what suits them!
                Some days you're the pigeon, some days you're the statue. I currently spend too many days as the statue......but thanks to this site not as many as I used to!

                sigpic

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                • #9
                  Re: RBS Credit Card CCA request-fulfilled?

                  Thanks folks. I think I will send a SAR to see what they have

                  HB

                  Comment

                  • #10
                    Re: RBS Credit Card CCA request-fulfilled?

                    Why! It's
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                    • #11
                      Re: RBS Credit Card CCA request-fulfilled?

                      Thanks NID. So by your previous post, if they sent me an UE one then they are unlikely to actually have the original or they would have sent it?

                      I was thinking of a SAR to find out for sure.

                      Thanks

                      Comment

                      • #12
                        Re: RBS Credit Card CCA request-fulfilled?

                        Originally posted by Never-In-Doubt View Post
                        Why!
                        Because presumably happy_bunny wants to find out with a bit more certainty what documents if any RBS actually hold?

                        A recon or T&Cs sent in response here don't really mean much in that regard. Have they got actual agreements in storage, but just couldn't be asked to go to the trouble of pulling them out, thinking that they could probably get away with sending the T&Cs? Or is this the full extent of the paperwork they have?
                        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.

                        Comment

                        • #13
                          Re: RBS Credit Card CCA request-fulfilled?

                          Originally posted by rizzle View Post
                          A recon or T&Cs sent in response here don't really mean much in that regard. Have they got actual agreements in storage, but just couldn't be asked to go to the trouble of pulling them out, thinking that they could probably get away with sending the T&Cs? Or is this the full extent of the paperwork they have?
                          If a creditor did not produce a copy of an original agreement in response to a SAR but then produced the original agreement or a photocopy thereof to support a claim, could:
                          1. that agreement or copy thereof be declared inadmissible?
                          2. the debtor claim damages arising from the creditor's failure to comply with the SAR?
                          3. the creditror be prosecuted for contempt of court, if their compliance with the SAR was the result of a court order?

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                          • #14
                            Re: RBS Credit Card CCA request-fulfilled?

                            Originally posted by rizzle View Post
                            Because presumably happy_bunny wants to find out with a bit more certainty what documents if any RBS actually hold?

                            A recon or T&Cs sent in response here don't really mean much in that regard. Have they got actual agreements in storage, but just couldn't be asked to go to the trouble of pulling them out, thinking that they could probably get away with sending the T&Cs? Or is this the full extent of the paperwork they have?
                            S.78 holds more weight than s.7 DPA. I presumed you knew this? Ergo pointless utilising SAR after already requesting cca as they'll send the same recon in line with s.78 as it supersedes anything DPA related. It's allowed, acceptable and lawful to issue a recon with s.78 so within a SAR they'll simply attach a recon and say "here".

                            Yea if they have the original to hand then they'd usually send it; but then if they sent a recon with a s.78 and the original with a SAR I'd be asking serious questions.

                            My stance remains. Pointless doing a SAR. Waste of £10.
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                            Comment

                            • #15
                              Re: RBS Credit Card CCA request-fulfilled?

                              Originally posted by Never-In-Doubt View Post
                              My stance remains. Pointless doing a SAR. Waste of £10.
                              It might not be, if the SAR reveals contumelious and/or defamatory comments in one's file.

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