Has RBS complied with CCA request? What next?

[ddelo]

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

[dx100uk]

so when was your last financial transcation?

 

dx

[ddelo]

Apologies, dx100uk, I've been burying my head in the sand

 

If by "financial transaction" you mean purchase, then it was May 2007. If you mean a payment, then the last statement I have was September 2007.

 

However, I have been reading other threads and have determined that although RBS/Nat West may have complied with my CCA request, the documents are unenforceable (pre-2006 [2003] and no single document with any signatures, mine or theirs).

 

Can you advise what the next step would be? Is there a template letter I can modify? I've spent a couple of hours searching already, but without success.

 

Any help would be gratefully received.

 

Many thanks,

 

Dave

[dx100uk]

so SB date will be sept 2013

 

i would not go down the un-en route,

 

most 'paperwork wriggles' were flattened years ago

do not rely on un-en to not pay the debt.

 

what does your cra file say about this debt?

 

dx