Hi Good People, I've been a lurker for some time, but thought I would ask for assistance if you would be so kind. A few years ago I signed a personal guarantee to the sum of £30K for an overdraft with the RBS. Last year through the difficult economic times, sadly we had a winding up petition served & the company was placed into liquidation. The Ltd. Co. at that time had a positive balance, but because the bank didn't act quickly after the petition was published in the Gazette, many standing orders, & direct debits, wages etc came out of the account. After this, despite me phoning them & informing them that a petiton had been served (& by this time granted) it still took at least 3 weeks before they froze the account, by which time the account was left minus £20K, which the RBS Solicitors are now looking to recover via the PG. I have wrote to them explaining the above & await their reply. Some other info, I was the largest creditor (c £150K, followed by HMRC c £50K) I look forward to the replies. Many thanks MGA

hi all after making my ppi claim thru a claims company ..then finding you guys .. i have been talking to a guy at work who as ppi but is reluctant to claim as it was a joint account and he is now seperated i have told him him to join up with you guys and he will have a better chance and not have to pay the hounds ££££££ my question is 1 can he still make a claim alone 2 whom does appeal to for a sar as he as no original paperwork ( RBS ) was the company from who he obtained the loan

Hi Guys Been Lurking on here for a while and enjoy the forums and have got the following scenario I noticed on my Credit history I had an default registered by Robinson Way which I have never been contact about by letter or phone with the below information Debt -£1,431 Date - 11/10/2004 default - 15/01/2007 So on the 28/04/11 I sent the a Standard CCA Request to Robinson Way, albeit unfortunately I think I dropped a clanger by not sending the request by recorded delivery (i thought read on the forums that you send the CCA reminder rec Del...) so on 02/05/11 I received a letter from Harwich Farrelly saying : the Account has been referred to us for collection Our client advises that you have ignored previous requests for payment and they are now considering court action against you, unless you settle the account in the next 10 days Which I think is just a fishing\scare letter ??? Now I did send a CCA to Harwich aswell (again without recorded delivery) the next day 03/05/11 (which is when I found out they are both based in the same building) but Curiously I have looked at the Harwich Farrelly letter and noticed that the letter is conveniently dated 25/04/11 before the Letter I sent to Robinson Way !! So basically I'm asking .... Have I got a problem because I did not send the first CCA request by recorded Delivery and then they can deny receiving the first CCA requests What should my next move be should Send the CCA Reminder to Robinsway Way and Harrwich Farrelly ?? or is there another letter I should send Many thanks in advance

Hi folks, Quick background: DCA (Wescot) kept referring me to their client (RBS) whenever I made a CCA request. Taking advice from the forum, I made the CCA request direct to RBS. Their deadline for compliance was 07/10/11. They have now sent me a package of copy documents under a letter dated 10/10/11 claiming to fulfil their obligations in a s78 CCA request. The first copy is an alleged credit agreement. Whilst I recognise the name and address (I've moved home a lot since that address), it's a single page headed "Credit Agreement regulated by the Consumer Credit Act 1974". Apart from the name and address, credit card number & credit limit there are only 5 paragraphs: 1. We will set your credit limit... and we may change it at any time... 2. Within 25 days of each statement you must pay us... 3. The rates of interest we charge , and the equivalent APRs... (followed by a table of interest rates) 4. If you repay the full new balance shown... we will not charge you interest... 5. There is a minimum interest charge of 50p... There's also a "Your right to cancel" box. There's no date and no signature boxes, let alone signatures. And nothing that says the agreement is approved by anyone at Natwest (as it was then). Second document is a single page photocopy with paragraphs similar to those on the first document. The interest rates are the same, but it still only runs to 7 paragraphs - it looks like the first page of a set of T&C. Third document is an A4 copy of a tri-fold set of T&C's. Interestingly, its first page is similar to document 2, but whereas document 2 ends the page at paragraph 7, page 1 of document 3 ends its first page at paragrah 5. The full copy of T&Cs have no date, but the last page bears a reference "1/03TCNW-1". Document 4 is a current, original, copy of T&Cs in tri-fold format. Their reference is "NW TC1 05/11" Document 5 is a regenerated copy of a letter that would have accompanied a replacement credit card. It bears my current surname and current address, the card number & credit limit but is undated. It says that the account was first opened in February 2003 (which would tie in with the address in document 1). Document 6 is a copy of a credit card statement dated 21/09/11 but bearing my last address before this one (I moved to my current address in August 2010). Document 5 & 6 are very contradictory: if at 21/09/11 they did not have my current address, how would they have been able to deliver a replacement card? There has certainly not been a replacement card since 21/09/11 and they would not have issued one if the account was in dispute, would they? Their letter says that if I want an account breakdown, to contact them & they would tell me how much they would charge. That's the package. So has RBS complied in full with my CCA request? I would be grateful for comment, opinions and advice on the next steps. Thanks CAGgers. Dave

Has anybody had any dealings with Wescot Credit Services I would be interested to about experiences you may have had and how best to deal with them. They seem to follow the same general way of most debt collectors " threaten first and the back off when you fight back". Regards Mike

We have received a letter from Solicitors acting onbhalf of Triton Credit Services with regards to a debt which we believe to be statute barred. the letter is as follows: "We are instructed by our client, Triton Credit Services, who are instructed by The Royal Bank of Scotland plc in connection with the above liability. We understand that, despite formal demand for repayment, the above amount remains unpaid and we are likly to be instructed to commence court proceedings against you, without further notice. Howerever, bewfore we commence these proceedings, you have one final opportunity to make payment of the above amount within the next seven days. Please make cheques payable to Triton Credit Services and send them to our client, details we confirm below. Should our client not receive payment or acceptable proposals within seven days, it can only be assumed that you will not settle this matter on amicable and reasonable terms. We are then likly to be instructed to commence court proceedings against you on our clients behalf." this is not the first letter received, there was one back in September in which the reply we sent is below. to which we received nothing until the above letter. " September 30, 2011 Triton Credit Services PO Box 5827 Basildon SS14 1XS Without prejudice I do not acknowledge any debt to you or any other company or organisation that you claim to be representing. Dear Sir/Madam Account No: XXXXXXXXXXXXXXXXX You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that we have no knowledge of any such debt being owed to The Royal Bank of Scotland We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. We would further note that based on the information you have supplied, this account would also be statute barred under the Limitation Act 1980 Under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued". I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". Furthermore that the OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970". We would ask that no further contact be made concerning the above accounts unless you can provide evidence of both: (1) proof of my liability regarding this debt. and (2) payment or written contact from me in the relevant period under Section 5 of the Limitation Act. We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions. I look forward to your reply. Yours faithfully" could anyone advise on the letter to respond with. Many Thanks

Hi All, New to the site and very impressed by what I have read. Great support from the site team who appear to be more knowledgeable than the advisors at Gladstone Brookes:-). I am just starting down the road of reclaiming what was wrongfully taken from me, MY MONEY:-x. I have a couple of questions that I hope someone might aswer for me regarding the very start of the claims process and who I should be sending SAR's to. I have just today sent off a SAR to my bank, RBS, to find out how many financial institutions have been doing me over the years, I like many do not have paperwork for any of the debts I have had so thought that doing a SAR on my main bank account would be a good place to start. I have had various loans and credit cards from RBS so would like to tackle these first. I have also had my mortgage with Halifax and various other lenders for the past 14 years and wondered if I should wait to get as many details as possible on these accounts prior to sending these lenders a SAR or wait until I receive the banks information before I proceed. I am also concerned that I may get something wrong in the process which would waive my right to claim so I am thinking of trying to follow one claim through to completion before starting the others which could be as many as 7 or 8. Should I wait until the first one is over or go after them all at one time? Your help is worth thousands:-D Your support is priceless:-D Thanks

HI, i am new to this forum and i am after some advice. I have a 2k credit card with RBS and its charging me approx £16 a month PPI, i didn't realise this until i analysed my statement. I have previously asked them to stop this charge about a year ago and i never thought to recheck the statement, until now when i reliased my payments are not going down as quick as i like. Can anyone advise on the correct wording to use on my first letter to the RBS company to ask them to cancel the PPI and that i would like to claim back the PPI that i have had the last few years on the card. Any advice would be great. I have just tried with LLOyds and they blankly refuse to give me any PPI back on a £3k loan, written twice and still refusing to do it unless i take a new loan out they wont cancel it either. Nightmare, thanks

If the bank issues a formal demand on a joint account does that formal demand have to be made on both parties that are named on the account? or can they go after one party and then move onto another party after exhausting measures with that party? A formal demand was issued to my Father and not to my mother (the demand was made on 6 accounts three of which were joint accounts). I am fighting the case on behalf of my mother as my father disappeared a few years ago leaving her with the debts. Can the bank issue a formal demand on a joint account to only one party? Do you know what laws govern this? Any help would be greatly apperciated! Thank you Alan

Hello All, Ok, I ran a small business as a sole trader and struggled thro the last couple of years due to non payment of customers, leading to bank loans etc to continue trading, we had to call it a day at the start of this year after one customer went bust owing us a fortune. on the advice of some friends I went down the line of bankrupsy (spelling) in Scotland, the one year rule. we banked with the rbs and as soon as my insolvency guy wrote to them we got a snotty phone call from our business manager, who then wrote out to us informing us they were giving us around 5days before closing my wifes accounts down, simply because she was associated with me. this they proceeded to do, closing all access to my wifes accounts, cards, and online banking, obviously there were overdrafts on her accounts as we used those too to pay for the business and to live. (one account was in my name, but i added my wife as a signatory because i worked away quite a lot, the bank used the wrong form and made it a joint account which then they proceeded to chase her for despite them being happy it was my account for quite a number of years!) we tried to pay money into these accounts and it was just returned as accounts were closed, we have now had letters from rbs debt collectors, wanting full payment, not possible of course, we are paying a little amount every month, ok the question is these debt collectors are wanting income and outgoing forms completed, do we have a right to refuse? anyone help us out as to what other rights we have? its been a crappy year up to now, as worst part of closing business we had to pay 8 staff off, who were friends too, worked with us for nearly 8years some of them. anyway back to the subject, any advice would be great.

Hi, Having sent CCA and SAR request, RBS responded in a timely manner sending all statements from 2004 (guess it's the 6 year rule) plus the attached CCA which is a one-sided document without any T&Cs or PPI policy details. Is this right? The rest of the documentation includes just statements, my recent letters to them and a balance transfer slip from 2004, no trace of anything else (such as T&Cs, or PPI Policy). Have uploaded document here http://i1018.photobucket.com/albums/af306/flowepower2010/RBS_Agreement.jpg For some reason the header area is totally illegible on the photocopy sent by them, yet everything else is quite clear. Any blurred areas below the header were blurred by me. Signature and exact date were also distorted in Photoshop just in case... Some things have changed since then -I'm no longer a homeowner and currently unemployed. :? Is this an enforceable agreement? I have no idea... Many thanks in advance...

Hi, I was hoping somebody could give me some advice relating to a Tesco Personal Finance credit card debt. I received a defalut notice in Nov 2009 from TPF followed by account termination in Dec 2009. Since then I have been pursued by Triton Credit Services. In August 2010 Allied International Credit began to harass me o/b/o RBS card services. They too have ceased to chase me and now Bryan Carter Solicitors has issued a county court summons, quoting his client as Tesco Personal Finance Cards in correspondence, with the claimant on the summons being RBS re: Tesco Personal Finance Card. Can anybody tell me the legalities of ownership of this debt as I understand RBS and TPF are no longer in partnership ? In July 2008 Tesco bought RBS' share of the business for £950M. So who actually owns the debt ?

I've been doing quite a bit of reading on here about CCA Requests and, swamped by debts I thought I would give it a try. I've read some conflicting opinions on whether the 77/78 letters work or whether they give rise for banks to provide a modified copy etc. First I'll tell you a little about my situation: I have most of my debts with Natwest - 2 credit cards, 2 unsecured loans, 1 overdraft and a mortgage. I've moved my main bank account to another provider to protect my income. I also have credit cards with Capital One and Tesco (also run by RBS/Natwest I believe). Could you please advise me on the following: 1. Would I be better sending a Subject Access Request or one of the CCA template letters to Natwest? Can anyone point me in the right direction of a good example of a letter to use? 2. Can anyone tell me of their experiences/success/failures following this process with Natwest. Tesco and Capital One? Many thanks

Hi - I have had a current account with the RBS for some years. It has a substantial balance in it at the moment although I will be reducing that fairly soon! Last week I was buying some items on EBay using PayPal and could not get my registered RBS debit card to work. Went to the RBS Digitlal Banking site to find my account was not even listed! Panic! Phoned RBS - at this point it was nearly 11 p.m. in the evening. They referred me to their fraud prevension deparment. For some reason a couple of totally innocent transactions on EBay and a cash withdrawl had tripped their anti-fraud software and frozen my account. I was furious and demanded to know why I was not informed first? Then it seems they phoned my old [now inacctive] phone number despite having up to date information! Tha account was then unblocked but I suffered a panic attack as a result. The stress was bad as I have had a recent heart attack. I did not get to sleep for some hours. Since this I have visited the bank and received the usual appologies "One out of five account blockings are inappropriate like mine." However surely the bank is out of order to have gone ahead with blocking my account without contacting me first? Also, they admitted an error, that my account was not shown at all on their digital banking site. Saying "sorry" is simply not good enough. Has anybody got advice for any action I could take? I intend to remove the majority of the funds from the account shortly in any case. I have asked for them to explain why innocent transactions were seen as being suspect but, of course, no comment. Thanks Greg