Tesco and Natwest (RBS) credit card challenge

[texanbar]

Hello again,

and some more.....

following the receipt of application forms with T&C's sent off the Account In Dispute letters today.

Updates to follow when I receive them
xx

[texanbar]

Hi peeps,

Okay, today I received a reply from RBS for my NatWest CC, It would appear they are sending the 'usual response.' The two page letter states the following points:

What the statutory requirements are for providing a 'true copy' of the CCA. It is the agreement relevant to the card product at the date the card agreement was made, plus a copy of the terms of the card product. These copies should be accompanied by the statement of financial information relating to the account.

There is no obligation for them to provide a copy of the original agreement bearing signatures. And under Reg 3 (2) a 'true copy' does not need to contact all personal information relating to the borrower, nor does it need to include a signature box or dates of signatures.

As such, a copy of the CCA has been provided to me along with T&C's and a statement of the balance. They see no reason to enter into further correspondence. However, if I am not satisfied with this response, I may seek whatever legal redress I consider open to me.

They do not consider the account to be in dispute and my indebtedness on the account remains due and payable. All non payments will be recorded as default on my credit file. I am urged to take advice from CAB if I continue to doubt the veracity of what I have been told.
YS
Amanda Tretton
Senior Customer Advisor

I shall have a bit of a read and see what is the next letter I need to send. Any help would be gratefully received.

xx

[Enron]

Nice of them to let you know that there is no dispute, despite the fact that you have stated to them that there is.

Under regulations they are able to omit the name/address, signature, signature box and signature date - but aside from that what they have sent you should mirror exactly the contents of the executed agreement which you signed including all the prescribed terms at the rates etc to which you agreed upon signing.

A lot of banks are now trying to fob customers off with generic Terms & Conditions where there are no executed agreements in existence... simply why go to the trouble of provided another document if the executed agreement is available to simply take a copy from.

Consumer Credit (Cancellation Notices and Copies of Documents)
Regulations 1983

3 General requirements as to form and content of copy documents
(1) Subject to the following provisions of these Regulations, every copy of an executed agreement, security instrument
or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act
shall be a true copy thereof.
(2) There may be omitted from any such copy--
(a) any information included in an executed agreement, security instrument or other document relating to the debtor,
hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the
Act or any Regulations thereunder as to the form and content of the document of which it is a copy;
(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed
agreement delivered to the debtor under section 63(1) of the Act, the date of the signature by the debtor of an
agreement to which section 68(b) of the Act applies);
(c) in the case of any copy of an unexecuted agreement delivered or sent to the debtor or hirer under section 62 of
the Act, the name and address of the debtor or hirer; and
[(d) in the case of any copy of an executed agreement given to the debtor under section 77(1) of the Act for fixedsum
credit, or under section 78(1) for running-account credit, under which a person takes any articles in pawn, any
description of the article taken in pawn.]

[texanbar]

Thanks Enron... like you say, if they did actually hold a copy in their possession, one would expect to receive same copy!

Onwards and upwards I guess!
xx

[texanbar]

Just had another look through my NW file, and they didn't even send me an application form, let alone the CCA. Just some photocopied T&C's with the word COPY over them.

With my Tesco CC I have got a copy of my application form - dated 1999! Doesn't time fly!

xx

[texanbar]

As expected, received the exact reply from Tesco CC this morning. Will be sending a suitable letter to them both in due course.

xx

[texanbar]

Ooh, I have received a Yellow card with the word WARNING in red on it. Remind me of Lost in Space... warning, warning... anyway I digress!

It's from Allied International Credit UK Ltd, advising I need to call Mr Watson urgently. I believe it's to do with my Tesco cc (client RBS).

Think I now need to send my bemused letter to them. I might just wait to see if I get something from my NatWest cc as any letters I receive are normally within one week of each other.

xx

[texanbar]

Hi peeps,

Just to let you know that NatWest have passed my file onto Triton.

Received their first 'call us immediately' letter. Shall ignore for now and will reply when I break up from Uni.

xx

[mills1]

Originally Posted by texanbar

Hi peeps,

Just to let you know that NatWest have passed my file onto Triton.

Received their first 'call us immediately' letter. Shall ignore for now and will reply when I break up from Uni.

xx

Am I right in thinking that they have passed your alleged debt onto a DCA?
During the period of your dispute, ie; asking for the original cca were you still making the regular payments?
I thought if you carried on paying despite asking for a true copy of the original agreement they could not hand the debt over?

[texanbar]

Hi mills1

I have actually stopped making payments hence they have passed on the debt
xx

[mills1]

Originally Posted by texanbar

Hi mills1

I have actually stopped making payments hence they have passed on the debt
xx

Ok Texanbar, but at the time of you putting in your CCA Request were you paying them ?
Thanks.

[texanbar]

Yes I was, I stopped making payments from August this year.

I stopped after sending them the a/c in dispute letter.

xx

[mills1]

Gotcha Texanbar

[texanbar]

Hi peeps,

Received second letter from Triton re: my NW c/c.
Must get my finger out and send them a/c in dispute letter.
Hope you are all well.
xx

[andbrat]

Hi

l;ooks like we are at similar stage
have received 3rd letter from triton they have ignored all my previous letters stating no cca etc blah blah

they are now threatening to visit me
think they may be in breach of OFt guidelines on many points

[texanbar]

Hi all,

Thought I'd give you all an update on where I am with my NW c/c and Tesco c/c.

I think I better start different threads as well and keep this one as NatWest (RBS) challenge.

Okay, NW have passed my debt to RMA (Risk Management Alternatives). They're a new one on me.

Have yet to reply or send an a/c in dispute letter to them.

xx

I will start a new thread for the Tesco (RBS) c/c challenge.

[texanbar]

Oh sorry peeps,

silly me.... let me get this right

14th December - passed to Triton with a NOTICE OF LEGAL PROCEEDINGS

4th January - passed to Green & Co (who were instructed by Triton, who are instructed by NW)

31st January - passed to RMA

Silly me... fancy leaving my admin in such a state

xx

[texanbar]

Hi all,

ANother letter from RMA, saying that unless I call them, they may need to return my file back to NW (heaven forbid!!) who shall then decide the appropriate action.

Thank goodness I have found this site, at least I can actually have a little giggle with my hubby when I receive their letters as opposed to being a quivering wreck.

Another one for the file
xx