Loan Agreement Rbs

[pinky123]

Took out a loan for 25k in Aug 2005, never missed a payment but at the end of 2008 I decided to do a overhaul of my finances and contacted the RBS for a copy of my C/A, constantly fobbed off then in Feb started sending everything in writing and recorded delivery, eventually told this had been mis filed and sorry for any inconveinence, I have since learned alos that they have added £4114 in PPI.
I have done all the template letters but still nothing, I have sent off a Subject access request request, I have gave them more than enough notice, but they are still hoping I go away.
I have tried cancelling my direct debit but because I bank with them they will not allow me to cancel this.

Any suggestions!!!!!!!!!!!!!

[clemma]

If they take part in the direct debit scheme then:

The direct debit guarantee applies to all banks and building societies taking part in the direct debit scheme. It says that:

Customers can cancel a direct debit at any time by writing to their bank or building society.

So send a letter demanding the direct debit be cancelled. I am presuming they have to follow the DD Guarantee regardless. I can't find any clauses in this guarantee that says certain DD's CAN'T be cancelled.

[pinky123]

thanks for that I will get a letter off ASAP.

Any suggestions on my next move with RBS???????

[pinky123]

Can someone look at a letter I received from RBS regarding a Subject access request request as I am at a loss to what it means:

"Unfortunatley in this instance, documentation for this said loan cannot be provided.
For the Data Protection Act to apply, information which is not stored electronically needs to be held in a certain structured format which is easily accesible. An example of this would be if information was filed in alphabetical order, referring to the name of the customer and then the file itself was broken down into different topics. Information held in such a structured format is known as a Relevant Filing Sysytem.
Part of your Subject access request, the CCA would not generally be held by the bank in a relevant filing system and as such would fall out with the scope of the Act-this would mean that you would not be entitled to it under the Data Protection Act".

Any ideas to what this means or are they trying to blind me with science, I have been chasing my C/A since Nov 08.

HELP!!!!!!!!!!!!!

[clemma]

I would read that as "We ain't got ya CCA" and they are trying to confuse you

[pinky123]

Any suggestions to my next step with these characters, as they seem to be given me the runaround constantly.

Thanks for the help!!!!!

[paulwlton]

Have you sent a CCA request?

[pinky123]

Yes I sent a CCA in Feb 09, but they have said it has been misfiled, also requested that they cancel the direct debit for this loan as it is now in dispute but they still continue to take the money, have sent many letter but continue to get the same reply, that they have misfiled and when I sent a SARN request they eventually sent me the above reply which just appears to be nonsense.

[paulwlton]

Originally Posted by pinky123

Yes I sent a CCA in Feb 09, but they have said it has been misfiled, also requested that they cancel the direct debit for this loan as it is now in dispute but they still continue to take the money, have sent many letter but continue to get the same reply, that they have misfiled and when I sent a SARN request they eventually sent me the above reply which just appears to be nonsense.

The agreement is unenforceable whilst they are in default.

You need to change banks.