CCA Request

[bryn170651]

I made a formal request for a true copy of my CCA to RBS but on various advice I did not sign it. RBS refuse to send it unless the application is signed. They also say that because I have changed address they require copies of Bank Statements, Utilility Bills and copy of Passport with my signature on it, yet they have sent correspondence to my new address and even gave it to four different DCA's. Can they do all this ?. Advice would be appreciated.

[rebel11]

Hi bryn

 

Welcome to CAG

 

They guys will advise as soon as they are available.

[Bazooka Boo]

What was the CCA request for? What are you trying to achieve?

 

So the Bank is fully aware of your current address, and had been sending regular correspondence to you via it?

If so then there is no reason why they would be refusing to send you the CCA

short of frustrating the legal process, and it's usually (IMO) perfect proof that they don't have the original, if it is needed, and are busy fabricating one.

 

You could remind them of the fact that the ICO has made it perfectly clear, when they should request signatures, if they are now saying that they are unsure as to your identity, then they admit that they have breached the DPA, for which they will be reported for, and that there is no such debt attributable to you, nor any agreement.

[bryn170651]

Thanks for the prompt reply. I am trying to make the debt unenforcible. I have applied to them 3 times since 2012 for a CCA but get the same pro forma letter with a tick by the box saying unable to send due to no signature, so I put the account in dispute. and the latest DCA sent it back to RBS and now they have asked for all the ID documents. Any template letters I could send them now.

Many Thanks

[Bazooka Boo]

You can't make a debt unenforceable, only a judge can do that.

 

Start from the beginning.

What are you sending the request for? Loan. credit card, current acct?

When did you take the agreement out, pre or post 2007?

 

If you have sent one CCA request then that is all you need send.

[bryn170651]

The request is for Credit Card which originally was given when I opened a Current Account which I believe was pre 2007 but am unable to check, although it was not defaulted until 2012.

[Bazooka Boo]

Ok, so you sent the bank a CCA request which they have 12+2 days in which to supply the CCA, if they have failed to do so then you can send them http://www.consumeractiongroup.co.uk/forum/showthread.php?405830-Letter-for-a-Failed-CCA-Request

Send it 2nd class and get "proof of posting" which is free from the PO counter.

 

If they have been corresponding with you at your current address, sending bank statements etc, and they are now saying they are unsure as to your ID, then they have admitted in writing that they have breached the DPA, at least that would be the angle of attack I would throw back at them and would be only to happy to inform the ICO of this.

 

Realistically though, they are simply frustrating the legal process and testing you to see if they can con you, if you fall at the first hurdle then they will run rings around you.

 

The time in which to confirm your identity was before they sent their first threat letter, they know it, but just hoping you don't.

[bryn170651]

Thanks very much for all your help. I have already sent this letter and they have returned it as "not signed". I have now informed them of all the breaches they have made, ie passing the account to a third party whilst in dispute, disclosing info to third parties when unsure of identity and informing them that I will not make any further requests as my original complied with all CCA and DPA regulations and guidelines.See what they do with that !.

[Bazooka Boo]

OK good, they know the rules....this is all they need http://www.consumeractiongroup.co.uk/forum/showthread.php?405830-Letter-for-a-Failed-CCA-Request