RBS CCA request refused due to CCJ

[paulwlton]

I hope that someone can help with this...

 

This is something that is happening while I am compiling information against the bank.

 

Due to our apparent debt to the bank I have had a Charging Order Issued against me.This was granted. This happened last month, but I did put up a bit of a fight to the Judge. This was without having any of the information that I now have. The Judge was pretty good and ordered the Banks Barrister to inform his client that the original CCJ was likely to be set aside.

 

The original CCJ judgments were for ME to pay £290 per Month and DEBBIE to pay £10 per Month. We have both been in default of this for around 18 months. This is why they are going for the C/O.

 

Debbie has a seperate C/O due to her default on the CCJ.

 

If I pay Debbies arrears of around £200 before the C/O court hearing date and carry on paying the £10 per month. Does that mean she has not defaulted and the C/O cannot be granted?

 

Need a quick answer, This goes to court on 6th June

 

Thanks

 

 

Duncan

 

I'm afraid missing one payment gives the bank rights to apply for a charge on your property. However, with the evidence you have uncovered this should be defended. Furthermore, the CCJs are a sham and should be set-aside.

 

Re: Router accounts - I know of an MP who is extremely concerned that

the accounts can be manipulated to suggest certain transactions have been made without the customers knowledge.

 

I also suggest you involve your MP.

 

Paul

[MilkTrayMan]

Hi DandD!

...I also suggest you involve your MP...

Assuming that U live in the same constituency as that of your RBOS Branch, the MP for Newbury is Richard Benyon, whose contact details are in the following link...

 

Richard Benyon - MP for Newbury

 

 

...

[DandD]

CCA requests sent for all 10 accounts today. That's for the 5 original accounts and the 5 created accounts.

 

Let's see what comes back. Not holding out much hope though.

[DandD]

I've given a brief description of our problems to our local MP. He seems pretty interested.

 

Got an appointment to see him on the 7th June.

 

We'll keep you all informed

 

D & D

Edited May 21, 2008 by DandD
Spelling Spelling Splelling!!!

[Penfold92]

the CCA's will only help if you still owe them. I had issues with Nasty West (still ongoing) since they conveniently paid off the credit card part of the amalgamated debt first so the balance was for current accounts only...how convenient and I am sure the judge will think so on the 13th too...

 

Penfold

[JonCris]

Correct Penfold The OP should send SAR

[DandD]

Thanks Milktrayman

 

We did live in Newbury, but we now live in sunny Devon.

 

I'm sure that my Newbury MP would have helped, but my Devon MP is dead keen!!

 

Meeting him in a couple of weeks.

 

Duncan

[MilkTrayMan]

Thanks Milktrayman

 

We did live in Newbury, but we now live in sunny Devon...

No probs Duncan

...Peeps can ONLY give appropriate advice, on what info is Posted...

 

U are doing fine so far...keep it up.

All the 'little peeps' are routeing for U.

...They NEED to see U to get a result on this, for them, as well as yourself...

 

 

...

[DandD]

I like the way that despite having entered your interest rate as 80% instead of 8%, they are sure that the information that they entered about your F&F offer was correct.

 

2Grumpy

 

We have had some info back from the banks solicitors after applying a S.A.R. on them.

 

Even the solicitors state that we made an offer of 15%.

 

Unbelievable!!

[DandD]

Ah ok thats not too bad i guess, in some cases we see the CCJ is years old and to be honest in those cases, its really pointless trying to get them set aside

 

PT2537

 

We went to see a solicitor 2 years ago to see if we could argue against a CCJ set up in 1998. They said no chance!

 

THEY WERE WRONG.............. as you are. Sorry.

 

Everybodies case is different. Don't just give up because of the age of the CCJ. I don't want to give people false hope, but in some cases this can be done.

 

Ours is 9 Years old.

 

You may need to read our thread. But basically, we had stopped paying our CCJ after 7 years. The Bank (RBS) applied for a CO on me last month. This went to Court and we put in a strong argument about it being made up of almost all interst and charges. At this time we couldn't prove this as the bank had not supplied information under our S.A.R.

 

We now have a lot of this information and it's turning UGLY.

 

The Judge granted the CO purely on our default of the CCJ, but directed the Banks Barrister that the CCJ is very likely to be Set Aside and also told us that when the CCJ is Set Aside we will get our costs back and the CO will be removed.

 

We haven't applied to the Courts yet for 'Set Aside' because every time we get more info from the bank and thier solicitors it throws up more questions.

 

There are sooo many more issues than just having it set aside.

 

The bank have acted fraudulantly in the management of our accounts.

 

Maybe you should look at our thread DandD V RBS

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/145114-dandd-rbs.html

 

Please don't tell people there is no point in defending an old CCJ. We are proof that this is not the case.

 

Thanks

 

D & D

Edited May 22, 2008 by DandD

[pt2537]

PT2537

 

 

 

THEY WERE WRONG.............. as you are. Sorry.I disagree, there have been many failed attempts to get CCJs set aside and furthermore, Judges do not like to set aside judgments unless there are substantial grounds for doing so. merely failing to reply to a claim form is not grounds for setting aside an old judgment

 

Everybodies case is different. Don't just give up because of the age of the CCJ. I don't want to give people false hope, but in some cases this can be done.I totally agree,

 

 

Please don't tell people there is no point in defending an old CCJ. We are proof that this is not the case. and without wanting to sound rude you are the exception to the rule. for every case that you can show me that got a CCJ set aside i can show you 20 which didnt and incurred costs to boot

 

this is the problem, people can be too gung ho and litigate to easily only to end up being saddled with the CCJ still on their file and £1000+ Barristers fees too

 

Im sorry if you took my comments the wrong way, they were not meant to be taken in that context, but im afraid i am still of the opinion that while it depends upon the case and the strength of your arguement the facts are that where a CCJ is old and you do not have any arguement other than you couldnt be bothered to reply to the court claim you will not be successful

[DandD]

PT2547

 

I feel that I am hijacking Manchesters thread, but I think he may want to know this.

 

I agree with most of your comments,

 

However, if forums like this exist then the ratio could go up!

 

It is important that people apply for S.A.R. and CCA requests. We did this and it showed so many mistakes. The bank had changed our 'Current Accounts' to ' Loan - Capital & Interest Accounts' without our knowledge. This was done prior to their application for a CCJ.

 

We have applied for a copy of the CCA, but nothing yet!

 

It is so important that you have ALL the information before you go to Court. If you have requested info under S.A.R. and they haven't supplied the information then they can never apply this again. If it is a CCA then your debt is unenforceable unitil they do supply the info. Remember..they can supply this info at any stage.....the debt still exists!!

[DandD]

Haven't posted for a while. We have been taking advice from some special people on this site.

 

Our storey is likely to be a big one. The banks have lied and possibly defrauded us out of many thousands of pounds. It will be this forum (if we win) that has helped us get our money back!!

[DandD]

Here's the latest letter:

 

Recovery Manager

Royal Bank Of Scotland

Credit Management Services

Kendal Court

Ironmasters Way

Telford

TF3 4DT

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir,

 

Ref: SAR2776 & 2777

 

 

 

Account Numbers/Sort Codes

 

 

 

A/xxxxxxxxxxxxxxxxxxxxxxx which becamexxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

 

A/C xxxxxxxxxxxxxxxxxxxxxxx which became A/C xxxxxxxxxxxxxxxxxx

 

 

A/Cxxxxxxxxxxxxxxxxxxxxxxxxxx which became A/C xxxxxxxxxxxxxxxxxxxxx

 

 

A/C xxxxxxxxxxxxxxxxxxxxxxxx which became A/C xxxxxxxxxxxxxxxxxxxxxxxxx

 

 

A/C xxxxxxxxxxxxxxxxxxxxx which became xxxxxxxxxxxxxxx

 

 

You are currently in breach of the Data Protection Act 1998.

 

I have enclosed a copy of my previous letter. My original DSAR was made on the 13th March 2008 and my subsequent letter was sent on the 27th April 2008.

 

I have recently discovered the missing account number, this xxxxxxxxxx. This is shown as ‘NOT KNOWN’ above.

 

You have not replied to this letter. My husband has spoken to a gentleman in your Litigation Department on the 9th May 2008 and he informed me that you had, in fact passed this letter to your solicitor. This has not been confirmed to me in writing from either yourselves or your Solicitors.

 

I had applied a DSAR on your solicitors and they have provided limited information. There is nothing in the data provided by your Solicitors on the 13th May 2008 that could possibly answer my questions raised in my previous letter to you. Therefore, why have you passed my letter to your solicitors when they couldn’t possibly know the answers?

 

The information given by your solicitor has raised a very serious issue. If you read through my previous letter, point 8, you will see that I had a loan account that was secured on my parents house. This loan was paid in full and the deeds were returned. In the ‘Diary Event History’ (Supplied by you), it states on the 16/6/1998 ‘Refer to T/M Only security held has already been discharged’. It is perfectly clear that you were aware at this time that the security had been discharged. However, in a letter from Retail Credit Services on 2 July 1998 to your solicitors, you informed them that the accounts created by yourselves on the 24th June 1996 were covered by a guarantee set up on the 1st July 1992. In the letter I have received from your solicitor they state ‘The indebtedness to RBS is subject to a guarantee dated 1 July 1992 given by John xxxxxxx and Patricia xxxxx xxxxxx’

 

THIS IS TOTALLY INNACURATE. Why was this information passed to your solicitor, 2 years after the guarantee was discharged?

 

This is causing a huge amount of distress. My mother is currently on medication for a stress related illness, the consequences of this could be extremely serious and I will hold you responsible for any further harm this could have on her health.

 

Due to the seriousness of this I am sending a copy of this letter to your Customer Care Team and directly to Sir Fred Goodwin.

 

There are still many issues that need addressing, but this one requires immediate attention.

 

 

 

Yours faithfully

Edited May 25, 2008 by DandD

[Goldlady]

Suggest you take your parents' names out of the letter:eek:

[DandD]

thanks Goldlady.

 

I noticed that as soon as i had posted it and changed it!. You must have been here quick!!

Edited May 23, 2008 by DandD
Spelling !!

[andrew1]

last but one line...Customer car team ? Care perhaps?

[DandD]

Thanks Andrew

 

Maybe I can talk a good fight, But I can't spell one!!

 

Duncan

 

And here's the copy to Sir Fred:

 

 

Ths attachments are pretty large but we can post them if requested:

 

 

 

 

 

 

 

Sir Fred Goodwin

The Royal Bank of Scotland Group Plc

Business House F, Level 2

RBS, Gogarburn

P O Box 1000

Edinburgh

EH12 1HQ

 

 

Dear Sir Goodwin

 

I have recently applied for a DSAR with your company. Limited information has been supplied. I have discovered many errors and inaccuracies on the data received. I am still awaiting a reply from your Recovery Department in Telford. Your company is currently in breach of the Data Protection Act 1998.

 

I have many issues with your company, but one is so serious that I felt I had to write to you directly.

 

I enclose copies of letters sent to your Recovery Department. One letter is dated 21st May and one is dated the 27th April. These letters will explain my problem.

 

Because your Recovery Department seem to be ignoring me and the issues that I have raised I am concerned that this particular mistake will not be resolved promptly.

 

I am asking for your help.

 

 

 

Yours faithfully

[paulwlton]

Haven't posted for a while. We have been taking advice from some special people on this site.

 

Our storey is likely to be a big one. The banks have lied and possibly defrauded us out of many thousands of pounds.

 

Yourselves and many more.

[2Grumpy]

I wonder how much of this come from the top and how much is others for different reasons. Is this all happening from following policy and rules or misapplying them.

 

When the auditors found the interest rate error I wonder what else they looked at and whether they were happy with what they found or not.

 

Do you know if it was in internal audit team or external? It probably doesn't make much difference, but depending on how much they looked into it (or if the just looked at anomolous interest rates) they might have seen whether it fitted in with bank policy or general banking practice - unless they just check for addition errors & embezlement!

[Penfold92]

I have to say I wrote to Sir Freddy and a fat lot of good it did me, but at least he made some bods write to me and their letters will end up in court as they talk boll@cks...and lie too...

 

Good luck with it,

 

Penfold

[volvodriver]

boll@cks...and

 

is an invalid email address

 

lol

[DandD]

Hey Grumpy,

 

About the 80% and 8% interest statement in their 'Diary History Event'.

 

We did ask them in writing about this, the answer was........

 

'We do not retain a paper file therefore we do not have any record of the auditor or contact details'

 

Yeah ......right!!

 

Since then we have written to them again asking them to confirm that they have NO documents about this error!

 

They have told us over the phone that our questions have been passed to their solicitors!

 

This was a couple of weeks ago now. But we have since written chasing for answers.

 

 

D & D

 

Penfold92 said:

I have to say I wrote to Sir Freddy and a fat lot of good it did me, but at least he made some bods write to me and their letters will end up in court as they talk boll@cks...and lie too...

 

Good luck with it,

 

Penfold

 

 

Penfold,

 

The only reason I did this was because of you!!

 

At least you got a reply. I thought they were going to do a thorough investigation. Didn't this happen?

 

D & D

[Penfold92]

Oh yes very thorough, in fact a few of the letters are escorting me to court on the 13th June!

 

You will get a reply and it may throw up some interesting points...If nothing else you will get straight BS instead of the old fashioned ignore your questions and hope you'll go away...

 

Penfold :rolleyes:

[DandD]

Oh yes very thorough, in fact a few of the letters are escorting me to court on the 13th June!

 

You will get a reply and it may throw up some interesting points...If nothing else you will get straight BS instead of the old fashioned ignore your questions and hope you'll go away...

 

Penfold :rolleyes:

 

Your a star Penfold

 

Good luck on the 13th. We are in Court on the 16th!