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  • RBS

    Good evening/morning

    I recently sent a SAR to RBS regarding my cc account with a view to checking and reclaiming charges which over a number of years I think will add up to a valuable sum assuming I can get it back. All credit to RBS they were reasonably quick with their response sending not only most statements going back over ten years, but also their codes and how to decipher them and all any letters ect, not only once but twice. Each package delivered one by Royal Mail 2 envelopes, the other by TNT 1 large box. They must have money to throw away as these shipments would not have been cheap. However I thought and was sort of anticipating that there would have been a copy of the CCA in amongst the paperwork but NO not in either of the two packages. If I wanted a copy CCA would I have had to aske for this separately, or can I assume that they do not have a copy.

  • #2
    Re: RBS

    You need to ask for this separately-------> CCA Request
    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.

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    • #3
      Re: RBS

      Agree with Deepie

      That said perhaps would also matter what you asked for. On here there are two SAR requests. One specifically asks for the CCA. The other asks for everything.

      Pretty much similar across the forums but if you have asked for specifics and not requested the CCA then one would have to think they dont have to give it you.

      Secondly would also think dates would matter. Now a generic blank CCA with a tick in a box when applied online is the proof they need. But its not really specific to you hence doubt DPA covers that

      Pre 2004 or off line then you should have signed something and therefore you would think thats specific to you and therefore you would think is covered.

      I like to think if you asked for everything or specifically mentioned the CCA and it was pre 2004 or was a signed non internet version then the CCA should be in your SAR. To decline a copy in these cases then to get a date for you to meet wiggy man would IMO raise some serious issues that the bank would then need to address.

      I have looked at my SAR requests and what I got back. Surprisingly to a lay person the general SAR gets better results. But thinking about it its asking for everything pertaining to you.

      Every SAR sent that way got a CCA back except MBNA who ticked the front page which said if no CCA is present in the pack then one doesnt exist.

      The only SAR that didnt get a CCA was the Egg one. But before I came here for advice I used the green place. I look at that SAR now and it asked for statements. So what did I get. Statements. They complied I wasted £10. You live and learn.

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      • #4
        Re: RBS

        Thanks folks.

        In my SAR request I did state I wanted copies of documents they hold on me, including statements, microfiche and computer entries and others so I did xpect a copy CCA. Will persue the CCA request and hope I just waste a pound as I suspect that an account pre 2000 they will not have one anymore otherwise I think it would have been in the pack

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        • #5
          Today I received a letter from RBS regarding a CC going back a number of years. I phoned them as requested but admitted nothing. The last payment of £25 they tell me was £25 in Aug 2009. Back in 2013 I asked for a true copy of the agreement relating to this account to which they replied they could not find and supply. I still retain that letter. However going back to todays conversation they requested payment of just over £4k or agree a payment method as this account is now 9 years in areas. Needless to say I would not agree to anything and asked for a copy of the agreement to which their operator said she could not discuss the matter any further. Surely after 9 years of no payments or acknowledgement of the account this must now be statute barred. I look forward to your comments please.

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          • #6
            yes the statute of limitations act would cover a debt that has not been paid OR admitted to for the last 6 years, did the account get passed to anyone else , or that you may have replied to a letter received from them,
            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
              To the best of my knowledge the account was never passed to anyone else. RBS admitted in 2013 in writing after a CCA request that they do not have and cannot supply a copy of the agreement relating to this account. I think after all this time they are just trying their luck that I would capitulate and admit the debt.

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              • #8
                Further to the above I believe they do not have a leg to stand on after 9 years of no payment or acknowledgement of the account.

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                • #9
                  Of course I may be wrong.

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                  • #10
                    yes sounds like they were trying their luck,( or not in this case)
                    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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                    • #11
                      Just remember donít speak on the phone in case they record something and play it back to you! However I'm sure that they canít undo something already covered by the Statute of Limitations.
                      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


                      • #12
                        Originally posted by Boltmaker View Post
                        Today I received a letter from RBS regarding a CC going back a number of years. I phoned them as requested but admitted nothing. The last payment of £25 they tell me was £25 in Aug 2009. Back in 2013 I asked for a true copy of the agreement relating to this account to which they replied they could not find and supply. I still retain that letter. However going back to todays conversation they requested payment of just over £4k or agree a payment method as this account is now 9 years in areas. Needless to say I would not agree to anything and asked for a copy of the agreement to which their operator said she could not discuss the matter any further. Surely after 9 years of no payments or acknowledgement of the account this must now be statute barred.

                        It sounds like this debt is both Statute Barred and unenforceable due to non compliance with your s 77-79 CCA Request made in 2013.

                        You've told them that over the phone so you may not hear from them again.

                        If they send you another letter then you can tell them again in writing enclosing a copy of their letter from 2013 where they admit they can't produce your credit agreement. It's good thing you kept that letter

                        Di
                        Legal Disclaimer

                        I am a Litigation Executive at
                        Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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