RBS passing enforceable old debts to Westcot

[Nomore Baloney]

My wife CCA'd the RBS regarding her credit card.

 

They have sent back a copy of her application form (below) and a copy of a 7 page Credit Agreement.

The copy of the credit agreement is unsigned (in fact there is nowhere on the agreement to sign)

so I imagine if thats their best effort, the agreement is unenforcable.

 

 

What do you think folks.

 

 

[supasnooper]

Hi there,

 

I would be worried about this one - it does contain the prescribed terms.

 

It is actually titled a "credit agreement" but I can't see a judge throwing it out because the word "card" is missing form the middle.

 

Your name, address and signature are present, so is the rate of interest, as is the credit limit and the repayment schedule. It also contains the creditors address and signature.

 

Have a read of this thread by steven4064 about CCA's -

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html

 

You might spot some errors I may have missed.

[PGH7447]

Im afraid I agree with supasnooper

[supasnooper]

As a follow up, try to keep all further correspondence from RBS, and that includes all envelopes !

 

I don't know what stage you are at with the account but if RBS haven't done so already, they may default and terminate the account which may hopefully bring some good news.

 

My apologies, I keep referring to the account as yours when it belongs to your wife.

[Nomore Baloney]

She has been paying £10 per month for about 3 years now, ever since I lost my job.

 

She signed up in happier times via the internet in 2001 .

 

Why might they default it now, and why might that bring better news?

[supasnooper]

If or when they default an account,which usually happens when accounts are two months in arrears (it'll say something in their T&C's), sometimes the default notice isn't up to scratch.

They state incorrect amounts, give less than the legal 14 day requirement to rectify, incorrectly type written, etc.

 

As a Default Notice is a precision document, most if not all aspects of it must be correct.

Any details that are incorrect may make the Default Notice ineffective.

 

So don't despair yet, there may be some hope on the horizon.

Edited February 9, 2009 by supasnooper
extra info

[creditcardmug]

Yes i agree its enforceable im afraid...if you are still getting monthly statements they haven't defaulted it yet...and if there is no interest or charges going on then id say you are doing ok at £10 per month.

[Nomore Baloney]

My wife and I have 3 old credit card alleged debts to RBS cards.

 

 

We have been paying them off at £3.00pm since 2009/2010.

 

I went through all the enforceable/not enforceable routine back then and consensus was that they were enforceable.

 

We have had 3 letters from RBS dated 14th June saying they have 'partnered with Westcot who will manage my account."

 

What are the implications of this development?

I'm happy paying the amounts as before,

but don't really want this dozing scenario to wake up.

 

 

Six years on and our credit file is about to look pristine again.

 

What's the best approach these days when they start to write asking for in/ex forms and all the other associated nonsense?

 

Back in the day I had communications with them over other alleged debts

and they went away after various requests for proof/enforceability.

 

Any current advice as I'm not up to date having enjoyed a relatively quiet life from their ilk for 6 years?

 

Thanks

 

Nomore.

Edited June 28, 2016 by Nomore Baloney
spelim

[dx100uk]

cant ever comeback

if the default reached 6yrs

 

 

wetcloths dont buy debts

so don't own the debt

so can be totally ignored

 

 

and ofcourse a DCA is NOT A BAILIFF anyway

 

 

ignore

[Andyorch]

Appears to be their latest ploy......

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?466344-old-credit-card-debt-with-RBS-transferred-to-WESTCOT-WHAT-TO-DO

 

Andy