RBS, defaults, DCA's and SAR - answers please?

[foolishgirl]

Everbody seems to have backlogs at the moment, guess it's all the claims! (Co-op seem to be about 2mths behind & that's just ordinary corresp.)

 

Don't worry about it, it will eventually arrive but you do have to keep on at them. Can't do anything anyway until after the 40days except be patient...

[paulwlton]

I would also forward a CCA section 77 request.

 

Paul

[spaspeckerthedull]

OK - got home from work today, letter from RBS "Regulatory Risk"

 

 

Dear Mr ****

 

We acknowledge receipt of your recent letter requesting your personal data held by the bank and payment of the £10:00 fee.

 

To ensure we are releasing the account information to the correct party we need to verify your identity.

 

In order that we can proceed with your request please return a copy of this letter containing your signature.

 

On receipt of this we will verify your signature and any information required to be provided to you under section 7 of the Data Protection Act will be forwarded to the above address.

 

Please be aware that it is not our practise to provide further copies of standard documents that you would have received as part of our normal course of business. This would include providing you with further copy statements.

 

However, if you do wish us to include copy statements, please advise us when providing your signature. Please also confirm the statement period you wish this to cover.

 

If you have any queries etc. etc.

 

Sincerely

 

Sharon Smith

 

PP Joyce tudor

 

 

 

sounds like they might be missing some information? I asked for my complete banking history but did not ask for any dates? I could paste a copy of the actual letter here if it would help?

 

Also, it has been many years since I actually used any RBS account in my name and my signature has changed. Do I have to provide a signature or can I go to my local branch and verify my identity to them?

 

Also, forgive my ignorance, what's a CCA section 77 request?

[foolishgirl]

CCA 77 deals with fixed sum agreements (eg. fixed sum loans etc.), CCA78 is running credit agreements (eg. credit cards etc.)

 

If you hold statements already, just ask for the dates you are missing (eg any statements prior to XXXX) plus any other data they hold on you. They are probably just trying to save duplicating statements.

 

When I am asked for my sig. in circumstances like this I sign & then write across it in block caps several times MY SIGNATURE. That way it can't be cut & pasted onto any other doc. without it being obvious.

 

Did you apply for the SAR in the name you were using at the time of your account or your name now? If the former, you can still use your 'old' sig. (it is still yours & they're not asking for your usual sig.), if the latter could you sign your name in both sigs & put a note (printed) alongside like 'Joe Bloggs, now Joe Smith?'

[spaspeckerthedull]

thanks for the reply, RE my signature - I haven't changed my name or anything like that it's just that my signature is now just short and sweet whereas it used to be my complete name signed with a bit of a flourish!! so I'm concerned that I won't be able to match it?

 

As to the paperwork and statements, my old job involved a LOT of moving around the country so to make travel lighter I didn't keep/carry anything that I didn't need at the time so I don't have ANY statements at all re this account and can only find a copy of the loan agreement that has "branch copy" on it and no signatures from either party (myself or the bank) all statements would have been thrown away years ago, I haven't used this account at all since 2000 and when it went default in 2001 the bank (or CMS) made it a "paying in" account ONLY. I've already said that they recently wrote to me giving me a different account number and sort code to continue making payments into and have no idea why?

[paulwlton]

Also send this.

 

 

 

Your Address

 

Creditor's Address

 

Dated

 

Request for information under the Consumer Credit Act 1974

 

To Whom it may concern,

 

Account Number: xxxxxxxx

 

As per sections 77-79 of the above act, I hereby request a True Copy of the Original Executed Agreement for the above account number.

 

It is my understanding that:-

• By law, you must comply with this request within 12 working days of having received it. I am sending this letter Recorded/Special Delivery.
  
• The statutory fee of £1 is required to be paid for this information, and I have enclosed a £1 Postal Order/Cheque number xxxxxxx.
  
• In responding to my request to supply a True Copy of the Original Executed Agreement, you must also provide any and all documents referred to in it. Where this may include Terms and Conditions as varied, I hereby specifically request a True Copy of all the inception Terms and Conditions which form the original agreement, and all variations to them since. I support this request with County Court Pre-Action Protocol 4.6 ( d) .
  
• You should also supply to me, a signed statement of account.
  
• Should you fail to comply with this request in any part, or exceed the prescribed time allowed to respond, you shall be in default of this act and legal request.
  
• Whilst you are in default, and until such time as you fully comply, -you may not pursue, enforce or increase any alleged indebtedness, nor disclose any information regarding me to any third party what-so-ever.
  
• If you fail to fully comply with this act and request for 12 working days plus one calendar month, you will have committed an offence under the act.
  

If you are unable to supply a True Copy of the Original Executed Agreement and all documents therein (and specifically the inception Terms and Conditions), I would be grateful if you would confirm this in your response within the 12 working days allowed.

 

Yours faithfully

 

 

 

Enclosed: £1 statutory payment.

[spaspeckerthedull]

I can send this on top of a SAR? also, if I do send this, do I have to carry on making the monthly payment (that I can ill afford and was bullied into agreeing to make?)

[paulwlton]

I can send this on top of a S.A.R - (Subject Access Request)? also, if I do send this, do I have to carry on making the monthly payment (that I can ill afford and was bullied into agreeing to make?)

 

If they breach the statutory time limit, then you are in your right to withdraw payments until they comply unless the account as been the subject of a judgment.

 

PW

[spaspeckerthedull]

OK - CCA gone on top of the S.A.R - (Subject Access Request) only trouble is on the CCA template kindly provided by paulwlton there is a space to provide my account number, all my accounts are default years ago and I only have the one provided by CMS telford which is surely covered by the SAR? just seems strange to ask for them for the same information twice? this is how it reads to me so please forgive my ignorance I'm new to all this - but enjoying it immensely!!

Edited July 13, 2008 by spaspeckerthedull
typo

[paulwlton]

OK - CCA gone on top of the S.A.R - (Subject Access Request) only trouble is on the CCA template kindly provided by paulwlton there is a space to provide my account number, all my accounts are default years ago and I only have the one provided by CMS telford which is surely covered by the S.A.R - (Subject Access Request)? just seems strange to ask for them for the same information twice? this is how it reads to me so please forgive my ignorance I'm new to all this - but enjoying it immensely!!

 

 

You need to send the CCA off. RBS will not forward a copy of your agreement under the SAR request.

[spaspeckerthedull]

been reading and re-reading threads I've found about this lot, and found this link:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/97402-robinson-way-co.html

 

the letter in the post #3 intrigues me - when their 30 days is up am I entitled to claim back monies paid to them by me as I understand it to say in this letter? And if so, can I CCA 2 other DCA's that have been completely paid off and claim the same if they fail to provide valid documentation or am I clutching at straws!!

[palomino]

been reading and re-reading threads I've found about this lot, and found this link:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/97402-robinson-way-co.html

 

the letter in the post #3 intrigues me - when their 30 days is up am I entitled to claim back monies paid to them by me as I understand it to say in this letter? And if so, can I CCA 2 other DCA's that have been completely paid off and claim the same if they fail to provide valid documentation or am I clutching at straws!!

 

Unfortunately you are being over-optimistic.

 

The debt is always due and payable. The lack of documentation simply means that they can't take legal proceedings to enforce repayment.

 

If you have repaid some of your debts completely that's fine. If at this point you find that another of your debts, only partially repaid, cannot be legally enforced that's well and good for you - and certainly a basis for not making future payments.

There is, however, always a moral obligation to repay your debts. Unfortunately, for a variety of reasons, some people arrive at a point where they are unable to do so. Most people would make an effort to continue paying something (even £1/month) if the creditors were in any way understanding of your circumstances, however most of them - and the DCAs they employ - resort to aggressive, abusive and obnoxious behaviour far too readily.

Is it any wonder that any thoughts of moral obligation quickly disappear.

 

As to repayments already made pt2537 has suggested above 'do not tread that ground'. I think you would do well to heed his advice.

[xxorlsxx]

Hi All,

Cap1 sold my debt to RW alomg with the unfair charges, if rw now own the debt, can i take action to get the unfair charges removed from the debt?

Any ideas?....cheers.

[spaspeckerthedull]

something funny is going on - I sent the CCA and my response to their request for a signature re the S.A.R - (Subject Access Request) on the same day, July 14th, by recorded delivery (1st class to be signed for) and according to royal mail website as of even date neither letter has arrived/been signed for? What now? do I resend the letters?

[tinkerbell20]

Shouldalways send the Statutory request letters by Special Delivery. Costs more but they seldom "get lost" in the post as Royal Mail has to refund the fee in the event of non delivery.

[debbbbsy]

hey Sparkie just checked, Router accounts don't have sort codes. Only the account number. The accounts held within the router account have new account numbers & sort codes.

They have to comply with your SAR, asking for all info on origonal accounts & new accounts.If you don't give the origonal account no.you won't get anything,[ I can tell you this from experience]. You won't get everything straight away, keep pushing.The most useful info will come from Telford, the router account details & importantly your DIARY EVENT HISTORY, youv'e got one,Telford have it on there system..this will provide you with loads of info.Good Luck

[spaspeckerthedull]

thanks for keeping me updated with info guys, their 40 days is up next friday (28th) what happens if I haven't had anything from them by then?

[debbbbsy]

Write to them again, enclose a copy of your origonal request & a youv'e not complied with my origonal request letter.

Make a complaint to the information commissioner, you'll get a number & thats about it...as Sparkie will tell u. Waste of time.

Best option,be a total nuisance write to

R. Johnson ,the recovery manager at Telford

Joyce E Tudor ,retail regulatory risk in Edinburgh

Kelly Collinson ,Office of the Group Chief Executive, Bishops Gate, London.

Then of course RBS complaints dept, which is the same office as Telford.

Until you get all info theres very little you can do, basically without the ammo your firing blanks...sorry but you will have to be patient but aggressive.

[spaspeckerthedull]

Make a complaint to the information commissioner, you'll get a number & thats about it...as Sparkie will tell u. Waste of time.

 

 

so what's the point of an information commissioner then? also what's the point of us all following protocols and sending off letters to all and sundry if all the bank are going to do is just completely ignore our legal and valid requests and basically just laugh up their sleeves at us? where's the justice in that? surely something can be done? If that's all that's going to happen then it was pointless me starting this in the first place

[Sparkie1723]

Originally Posted by debbbbsy

Make a complaint to the information commissioner, you'll get a number & thats about it...as Sparkie will tell u. Waste of time.

 

I agree 1000% with debbbbsy, but you have to do just that.....be a pain in the backside....remember every letter you write costs them money to answer it.

With regards the ICO read my letter to my MP on my Big claim against RBS... on the last two or three posts.......674 & 675 ....I've been fighting RBS and the ICO for years now ......one day they will get absolutely PxxxxxD with me.

 

sparkie

[Sparkie1723]

Hi debbbbsy, re below

 

"hey Sparkie just checked, Router accounts don't have sort codes"

My router account has my RBS bank sort on....strange eh??

 

sparkie

[debbbbsy]

The bank will only continue to win, as long as people remain ignorant of the law. This site will give you the knowledge to fight back & challenge the RBS. They will bully you, & they will lie to you, with help you WILL catch them out.

If we had known what we know now, the RBS would never have got a CCJ against me & Duncan [DandDvRBS]back in 1999 For £58000 each,for a joint debt of £25000 in 1993.Despite paying back over £30000 we still owe over £100000....and growing daily.

Don't give up at the first hurdle.

Debs

[paulwlton]

Hi debbbbsy, re below

 

"hey Sparkie just checked, Router accounts don't have sort codes"

 

My router account has my RBS bank sort on....strange eh??

 

sparkie

 

My router account "isn't an account but a post judgment calculation sheet"

 

The fact is these accounts can and are minipulated to be whatever the bank wants them to be.

[debbbbsy]

My router account "isn't an account but a post judgment calculation sheet

 

Mmmm.. ours is different then, our router account was set up in June 96,when they opened the new loan accounts. They didn't get the CCJ until Feb 1999. Maybe, they were always intending to get judgement against us, thats why they altered the account types,used a false guarantee,lied to us and refused to accept any of our offers.

[paulwlton]

Mmmm.. ours is different then, our router account was set up in June 96,when they opened the new loan accounts. They didn't get the CCJ until Feb 1999. Maybe, they were always intending to get judgement against us, thats why they altered the account types,used a false guarantee,lied to us and refused to accept any of our offers.

 

Sorry i should have mentioned that this is what they claimed in court now they've been caught out.

 

PW