RBS unenforcibility query.

[mike'y]

August 2006. I opened the account and did a balance transfer to RBS of £5.5k.

I defaulted over a year ago and have received the usual letters from Green & Co, Moorcrofts, Midas and Fredericksons etc.

14th August 2013. Bryan Carter Solicitors issued a summons.
15th August I sent them a request for information under the civil procedure rules. They said they would ask RBS for all information relating to my account but that it would take longer then 14 days. In the meantime I wrote to the Court informing them that the matter was in dispute and that I couldn't complete the acknowledgement pack, ie a defence form.

30th September. The court acknowledged my defence, also giving Bryan Carter 28 days to contact the court otherwise the matter would be stayed.
22nd November I received incomplete copy documention, statements etc relating to my account. Also included was a draft application made by Bryan Carter to 'lift the stay'. Bryan Carter are inviting me to enter a monthly payment amount into the proposed Order to avoid going to court.

I have a copy of the credit agreement which I've signed but not dated. The credit card statements provided by Bryan Carter are missing the first 2 or 3 statements which should show the £5500 balance transfer. Actually lots of the statements are missing. For 2009 they only provided the July statement. Could somebody comment about this and maybe look at the agreement for me please. Thanks.

[MrsD]

Re: RBS unenforcibility query.

send it to Niddy

[mike'y]

Re: RBS unenforcibility query.

send it to Niddy

Hi Mrs D. How do I do that? Thanks. Mike.

[MrsD]

Re: RBS unenforcibility query.

just put your user name in the top line

webmaster@all-about-debt.co.uk

don't cover anything, only Niddy sees it

[mike'y]

Re: RBS unenforcibility query.

I get it, thankyou. Mike.

[mike'y]

Re: RBS unenforcibility query.

I've been reading 'The full guide to unenforcibility' which is very thorough. Looking at my RBS Agreement it's clearly been signed by me but it's definately undated. The date boxes are blank. Does this make the CCA unenforcible? Thank you.

Mike

[Never-In-Doubt]

Re: RBS unenforcibility query.

No.. That is not enough. Try sending it us to look at then we'll clarify for you.

[mike'y]

Re: RBS unenforcibility query.

Thank you Niddy. Andrew has most of the information but I'm trying to help myself as well if that makes sense. I'll email a copy now. Thankyou for offerring to look at it.

Edited to say. I think you've already seen it so it's probably not leaping up and down yelling 'unenforcible unenforcible' lol.

Mike.

[mike'y]

Re: RBS unenforcibility query.

Happy New Year to you all.

Time for a quick update. Niddy made some helpful observations. He spotted that the CCA referred to 'general conditions' which would be another document. Yet these haven't been provided. I've also been in touch with Andrew at some length. He suggested I send of my £1 s78 CCA request in order to see what comes back. I sent that off to the RBS registered office address. The clocks ticking on that and I hope not to have a reply before 20th january . I've also written to the solicitors requesting a copy of the default notice which I'd previously asked for in my protocols 4.6 civil procedures rules request. I've never had one and Andrew needs to see if it exists and/or if it's in the correct format. They referred to it when replying but for some reason never provided it. Hmm...

As things stand I think there's some encouragement.

[mike'y]

Re: RBS unenforcibility query.

Hmm, well this seems like good news.

s78 request signed for at RBS registered office on 7th January and no CCA arrived with todays post today is the 20th day.

Also, Messrs Bryan Carter haven't replied to my request for the default notice. I sent the request by untracked post on 6th january. This seems a bit strange as they were chomping at the bit after I managed to have the proceedings 'stayed'.

[mike'y]

Re: RBS unenforcibility query.

Today I received a reply from RBS at Southend on Sea enclosing my CCA agreement. It's 7 days overdue. They've typed the date on their letter as being the 21st january (still out of time though)! The envelope is undated and was sent via UK Mail. Can somebody explain the implications of the late reply please?

Also, Bryan Carter still haven't replied to my letter but are applying to have the stay lifted. I only have a few days to raise objections if I want to. Maybe that's irrelevant if this matter's become unenforcible due to RBS replying to my CCa request out of time? is the 12 plus 2 day rule a 'hard and fast rule'? Thanks.

Mike.

[MrsD]

Re: RBS unenforcibility query.

Fraid not MiKey, it's unenforceable until they do reply with a lawful agreement, so I'd get that off to Niddy for a look toutsuite!

webmaster@all-about-debt.co.uk don't forget to put your name in the subject line and add papers received or something so that he remembers it's kind of urgent

[mike'y]

Re: RBS unenforcibility query.

Ah, that's a shame. I wonder why the CCA request template doc stipulates 12 plus 2 days? Oh well, thanks for the amazingly quick reply.

[MrsD]

Re: RBS unenforcibility query.

it is the time scale but in reality it is only unenforceable until they produce the lawful papers, it has been known for lawful agreements to pop up years later, every case is different, just let Nids see what you've got. More than one way to skin a cat........................................

[SXGuy]

Re: RBS unenforcibility query.

Ah, that's a shame. I wonder why the CCA request template doc stipulates 12 plus 2 days? Oh well, thanks for the amazingly quick reply.

Because 12+2 days, i.e 14 days, is a reasonable amount of time, to supply documents upon request. If you said, i want them tomorrow! that wouldnt be reasonable.