RBS Credit Card

[Redspike]

I have applied for my CCA on the Credit Card. They went overtime. I did eventually get a letter from them admitting they had no agreement (misfiled ) and the agreement was currently unenforceable, but I should keep paying etc etc. I have also got a PPI issue with this account and a charges query, although I haven't done anything about them yet.

Without the CCA and the original paperwork I cannot make judgement on the PPI nor see what the original charging structure was so I am at present at a disadvantage. I am loathe to keep paying them because there is a very good chance that the balance of the account is wrong, and that I will be overpaying.
I genuinely, at present, cannot agree to any balance without reference to the agreement.

I have stopped paying and not heard anymore from them - telephone or writing.

Which is the best way to proceed?

many thanks.

[Curlyben]

Re: RBS Credit Card

This is the old Moral Vs Legal dilemma.

Morally there is a debt to pay, but Legally they cannot do anything to force you to pay it.
Although if you stop payment they WILL file a default against you and possibly dell the debt onto a DCA for alleged harassment action.

[Redspike]

Re: RBS Credit Card

Many thanks for the reply. I believe it was one of your templates I used. How much "clout" does the paragraph about selling on to third parties, not reporting to the agencies etc really carry?

I also have a loan and an overdraft with them but these are up to date and working normally., although I have just applied for a large refund on the PPI on the loan. Is there any recourse regarding these?

How would I sort the PPI and charges on the credit card account with no paperwork from them?

What sort of hassle could I encounter from a DCA?


thanks,

best regards.

[Curlyben]

Re: RBS Credit Card

Many thanks for the reply. I believe it was one of your templates I used. How much "clout" does the paragraph about selling on to third parties, not reporting to the agencies etc really carry? After a few cases, most notably Carey Vs HSBC this really has NO clout at all. The letter of CCA is that they shouldn't take any enforcement action, which we believed included defaulting your credit file, but the courts didn't agree with us on that. BUT they shouldn't sell it on, doesn't stop them mind.

I also have a loan and an overdraft with them but these are up to date and working normally., although I have just applied for a large refund on the PPI on the loan. Is there any recourse regarding these? There shouldn't be, but if they do then the FOS, FSA, etc would be very interested to hear about it.

How would I sort the PPI and charges on the credit card account with no paperwork from them? Charges are easy, simply a case of statements, PPI a lillte harder especially if you can't prove miss-selling etc, without the agreement.

What sort of hassle could I encounter from a DCA? Really depends on who they sell it to. Some are easier than others and actually listen to a prior dispute, others litigate on receipt of the account.


thanks,

best regards.

Comments in Blue.

[Redspike]

Re: RBS Credit Card

The reference to the PPI was my overall question. Surely in a way this is just stalemate. I cancelled the PPI in 2007 because a friend of mine said that I was self employed and they wouldn't pay out anyway so it was a waste of money. I cancelled it on that basis. I wasn't aware of misselling or anything like that at the time. However the current account status will include all the costs of the PPI plus interest from inception to 2007 and will have implications even now. Some months I was paying over 50.00 in insurance. I can't remember when I got the account - could be 10 years or so.

How can a DCA litigate when there is no agreement and a dispute?

sorry about all the questions,

thanks