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Found 2 results

  1. Hi folks, Quick background: DCA (Wescot) kept referring me to their client (RBS) whenever I made a CCA request. Taking advice from the forum, I made the CCA request direct to RBS. Their deadline for compliance was 07/10/11. They have now sent me a package of copy documents under a letter dated 10/10/11 claiming to fulfil their obligations in a s78 CCA request. The first copy is an alleged credit agreement. Whilst I recognise the name and address (I've moved home a lot since that address), it's a single page headed "Credit Agreement regulated by the Consumer Credit Act 1974". Apart from the name and address, credit card number & credit limit there are only 5 paragraphs: 1. We will set your credit limit... and we may change it at any time... 2. Within 25 days of each statement you must pay us... 3. The rates of interest we charge , and the equivalent APRs... (followed by a table of interest rates) 4. If you repay the full new balance shown... we will not charge you interest... 5. There is a minimum interest charge of 50p... There's also a "Your right to cancel" box. There's no date and no signature boxes, let alone signatures. And nothing that says the agreement is approved by anyone at Natwest (as it was then). Second document is a single page photocopy with paragraphs similar to those on the first document. The interest rates are the same, but it still only runs to 7 paragraphs - it looks like the first page of a set of T&C. Third document is an A4 copy of a tri-fold set of T&C's. Interestingly, its first page is similar to document 2, but whereas document 2 ends the page at paragraph 7, page 1 of document 3 ends its first page at paragrah 5. The full copy of T&Cs have no date, but the last page bears a reference "1/03TCNW-1". Document 4 is a current, original, copy of T&Cs in tri-fold format. Their reference is "NW TC1 05/11" Document 5 is a regenerated copy of a letter that would have accompanied a replacement credit card. It bears my current surname and current address, the card number & credit limit but is undated. It says that the account was first opened in February 2003 (which would tie in with the address in document 1). Document 6 is a copy of a credit card statement dated 21/09/11 but bearing my last address before this one (I moved to my current address in August 2010). Document 5 & 6 are very contradictory: if at 21/09/11 they did not have my current address, how would they have been able to deliver a replacement card? There has certainly not been a replacement card since 21/09/11 and they would not have issued one if the account was in dispute, would they? Their letter says that if I want an account breakdown, to contact them & they would tell me how much they would charge. That's the package. So has RBS complied in full with my CCA request? I would be grateful for comment, opinions and advice on the next steps. Thanks CAGgers. Dave
  2. Good Evening, I really need some advice on how I can help my dad out... He is a 64 year old man who has worked his whole life a self employed baker. Unfortunately he was sequestratedin 2009 and lost his home of 40 years. He accepted he was in debt, and owed Inland Revenue a substational amount of money, but expected a reasonable lump sum upon discharge of his bankrupcy. However, his creditor claims form has since arrived, with all claims amounting to more than he was due to recieve. The claims form for creditors states that the creditor must: 1. “Describebriefly the debt, giving details of its nature, the date when it was incurredand when payment became due. Attach any documentary evidence of debt, ifavailable.” 2. Inserttotal amount of debt, showing separately the amount of principal and anyinterest which is due on the debt as at 01 May 2009, the date of Sequestration” However, 4 of the debts he apparently owes have been sold to a company called Marlin Financial. My father does not acknowledge any of these accounts apparently owed to them which in total come to £30,000. We have the right to appeal to the sherriff officer under 49(6) of the Bankruptcy (Scotland) Act 1985 but to be honest I'm not sure how to go about this. One of the claims made by BT was rejected as they did not provide proof of debt. All Marlin have provided is a screen shot of the opening balance with Marlin NOT the original creditor and three charges of 20.00 for letters sent in recoveries. Can I appeal the claims under section 77 of the CCA? Or would I simply appeal that the information requested on the Claims form detailed above in bold italic was not provided as requested and therefore cannot be claimed? My dad is severly depressed and has lost his business, his home and some of his family. This lump sum of 30k really has kept him alive of the last 18 months. Please help me secure someonthing for him so he has something to show for all the hard work he has done. He has never claimed a benefit, even since his business has went bust, living on money from family and friends and doing temp work to make ends meet... i really want to help him but i dont even know what to do? I have to lodge the appeal by the 7th of July with the sherrif court. I have a copy of all claims forms to present to the judge if they approve the appeal? What should I state my grounds are in my letter? I am hoping to take this to court tomorrow at 10am. Thank you so much for your help in advance xx
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