Direct Legal and Collections

[MARTIN3030]

If we are unable to forward a copy of the original agreement we will be able to supply a true copy of the document which will comply with sectionj 77 - 79 of the CCA 1974

 

 

We would like to draw your attention to the ruling in the case of McGuffick V RBS judgement dated 6th October 2009 in relation to what is considered enforcement, the judgement stated that the bringing of proceedings is not enforcment. It follows that demanding payment is a step taken prior to the commencement of proceedings and therefore not considered enforcement. We will continue to report the account status to the CRA as this is also not considered as enforcement.

[Lorraine Bowie]

So do i continue to pay money to DLC or do i hold back for the time being as my argument is with RBS

[dx100uk]

dont worry about that Mcguffin stuff

it does not really concern you.

 

they are saying that if they 'make -up' what your agreement 'might' have looked like

that is good enough to enforce payment through a court.

 

the botton line is in your case you are not solely [nor should you be] relying on no enforceable agreement existing

 

your debt is almost def statute barred.

 

pers i'd ignore them for now

 

.

dx

[MARTIN3030]

Sorry got sidetracked whilst responding.

Its impossible to explain in a sentence but they are saying basically that in the absence of being unable to supply a true copy of the original they can supply a reconstituted one.

They are also saying that they are free to process/share your data with third parties and credit reference agencies.

Although the original creditor have sold the account,they maintain a responsibility to the lender in providing any documents requested that they still hold.

Therefore there is nothing to stop you from contacting RBS directly to demand them,if of course there is a need to be doing so.

[MARTIN3030]

Maybe worth trying to obtain docs to establish what the van REALLY sold for,and what charges and fees were added on in the process.

[Lorraine Bowie]

thank you dx100uk - so if i ignore them do you think they will continue to harass me and if so what do i do