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hi could anyone please advise what road to go down.ive just found out the RBS put a default against me and closed my account in 2006 after it was paid.the original debt started in 2002 from a visa card.i no longer have the account details but i still stay at the same address.i would like to get the default removed and claim back any charges.do i go for default first and then charges or vice versa and what about the acc number that i dont know.thanks
If you send a SAR and simply give them sufficient details to identify you eg name address date of birth that should be enough for them to find the info. A SAR is a request for info held on a person not an account.
It is important to request the default removal at the same time as the charges.
this is the reply i got today from the data protection team.
we refer to your recent correspondence requesting a complete list of transactions and charges applied to your account(s) under data protection act. In order for us to progress this request please supply us with the following:
> from the information provided, it is not possible to trace the account(s) requested. the royal Bank of Scotland uses only numeric code for the indentification of accounts and without a valid account number and sortcode or branch name and account number and the dates when your account was opened and closed.
> please provide us with a letter containing you signature, as we need to verify this in order to release account information.
update
ive managed to get the SAR from them.this is the 2 letters ive sent them recorded of course
1st letter
After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my account in my name.
Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 29998973.
2. You must supply me with a signed true and certified copy of the original default notice
3. Any deed of assignment if the debt was sold on
I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.
Yours faithfully
2nd letter
Dear Sir or Madam
I wrote to you on the 15/11/07 about a default you have placed against my account in my name.As 28 days has now passed from the date of the 1st letter you are now in breach of your duties under Section 78 of the Consumer Credit Act. If you do not answer my original questions and reply within 7 days I will have no choice but to escalate the matter to the relevant authorities including the Banking Ombudsman, Office of Fair Trading and the Information Commissioner's Office.I enclose a copy of my 1st letter which was sent via recorded delivery.
the 7 days have expired now and they havnt replied.do these letters look ok and whats my next move.thanks
thanks for replying zootscoot it was a current account.i have not claimed back the charges yet as i wanted to try and get rid of this default first through not receiving the default notice.as i cannot get any credit.they have totally blanked me.i thought it was the law that they had to answer my request.i stay in scotland.thanks again
they have replied to one of my letters.at least thats a start.here is there letter.
we refer to your correspondence dated 15 november 2007.regarding the above mentioned account.
in your correspondance you queried the default on your credit file and have no recolection
of receiving a default notice.
i would like to confirm that the Default notice was sent on 30 april 2003 to the following address
---------------------- the bank considers that this notice was served in accordance with the requirements of
(s176(2)of the consumer credit act.the Defaultwas therefore registered correctly (and will not be removed from your credit file)
we are unable to reproduce this document as it is a system generated letter,therefore we are unable to supply a copy of the
original default notice as requested.
you requested a copy of your original credit agreement for the above mentioned account.however,as the account has been settled
by way of a Full and final repayment,there is no longer any requirement for the bank to comply with this request.
we would like to advise you that there is no deed of assignment.as the bank did not assign your debt to another party.
should further assistance be required.please do not hesitate to contact us at the above office.
can anyone advise what my next step should be thanks.at least they have answered me so it looks like i am in the system.
Sorry this post is so long after the last one, but I've just got exactly the same letter from RBOS. Just wondering what advice anyone has, or pete - if you managed to resolve this?
They also say that the automatic, system logged default was sent to an address I wasn't living at, at the time they sent it (so I really didn't ever get the letter), although can they dispute this as I obviously didn't give them my new address? The reason I hadn't supplied them with a new address was that I was dealing with all creditors through Harrington Brooks, who I thought would supply the creditors with all relevant information. They also have stated that there is no 'deed of assignment' as they didn't assign my debt to another party, although I settled this debt with Allied International Credit, which RBOS are aware of, as I called them last week to enquire why one of my defaults from them wasn't marked as settled on my credit file even though I'd paid. They said they would amend it to show it as paid. The letter does say that "the account has been settled by way of Full and final payment", which also isn't true as my letter related to both an account I held with them (overdraft was defaulted) and a loan, and the loan was settled with Allied International for only half the amount. The remaining balance still shows on my credit file.
I also wrote the same letter to GE Money who replied with "this default has been satisfied and as there is no balance due or required in the future, we are no longer obliged to provide you with the information requested in accordance with the consumer credit act 1974."
Does anyone know where we stand on this? ANy help would be greatly appreciated. thanks
hi all i am still no further on despite reading and reading so many posts.
would a request for cca under s78 work?.and any advice how i can force them to either send me a copy of the original default notice or get them to admit that they dont have one.thanks.
best options rbs account
put a default against me and closed my account in 2006 after it was paid.the original debt started in 2002 from a visa card.i no longer have the account details but i still stay at the same address.i would like to get the default removed and claim back any charges.do i go for default first and then charges or vice versa and what about the acc number that i dont know.thanks
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