Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Re: RBS recent CCA, they have refused to send information
They are correct, once the account is settled they have no obligation.
Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.
Re: RBS recent CCA, they have refused to send information
Originally Posted by old_andrew2007
Hi why do you need this infromation,
not wishing to sound sarcastic - because I asked for it?
I have an ongoing dispute with RBS re my recent SAR (different thread) and this CCA, my query is how to respond to this? and why has it come from Natwest when my accounts and issues are with RBS
Re: RBS recent CCA, they have refused to send information
Therefore you are entitled to a copy of the agreement. CCA CMS telford instead. There will not be an agreement for an overdraft.
If they cannot provide an agreement, then they cannot take to court.
Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.
Re: RBS recent CCA, they have refused to send information
thanks for the response - won't CMS just refer this back to my original account at my local branch where all my business was done until the default in may 2001? also, I didn't try to CCA the overdraft, just the personal loan
again - why the response from Natwest? can I respond to this from them telling them they are wrong? the original CCA request was sent to regulatory risk in edinburgh as this is where ALL correspondence has been coming from?
Re: RBS recent CCA, they have refused to send information
If you have an outstanding debt, and you stop paying, they will threaten county court. If they can't produce an agreement, they can't win. CCA whoever you are paying. If they write and tell you to contact Nat West, tell them until they produce an agreement, you are not paying.
Please note: I give advice, in good faith, based on my reading and experience. Please satisfy yourself, that any advice given is accurate in content before acting upon it.
Re: RBS recent CCA, they have refused to send information
OK - this is getting mighty strange.
I sent the original CCA request to RBS in edinburgh concerning my personal loan by recorded delivery with a £1 postal order. Checked track and trace online and according to that website the item has still not been delivered, so because of this I sent another CCA to the same address in edinburgh, but this time with a cheque for £1. Today I receive a response from Natwest, as posted up earlier, returning my £1 postal order. I checked my bank account online earlier tonight and the second payment I sent by cheque has been cashed. This means I must be due some paperwork soon from RBS concerning this CCA request - that (for some still unexplained reason) NatWest have already said can't be sent??
just for clarification, the original bank account and personal loan in question was with Royal Bank of Scotland, NOT natwest. I am still very confused as to why natwest has returned my postal order (made payable to RBS) saying the act only covers loans which are open at the time of the request, and that this letter has come from the manchester retail customer service centre?
Re: RBS recent CCA, they have refused to send information
confused or what it would seem that RBS and Nat West are playing silly buggers, but at least you know that you will recive something even if its another refusal to comply (eg. The Account is closed), the problem is what can people in your situation do next.
Advice is based on my personal opinion, and what I have learnt from this forum.
If you need legal advice please consider consulting a lawyer.
Re: RBS recent CCA, they have refused to send information
Originally Posted by paulwlton
I would forward a cca request to CMS Telford if this is where your account is being processed.
When was your loan account transfered to CMS Telford?
my accounts were transferred to CMS in may 2001, I received a letter from RBS earlier this year to say that I no longer had to pay my monthly amount into my own account and they gave me a different account number and sort code (I think we may have discussed this on my RBS SAR thread?)
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
Re: RBS recent CCA, they have refused to send information
Originally Posted by tinkerbell20
6 years for tax purposes
6 years under the Data Protection Act also.
If they do not keep it that long under the DPA they then become in breach of the Seventh Principle of the DPA...losing or destroying information they should keep.
What I have found if records are to the RBS/Nat West's advantage , they will keep it 6 yrs and longer...... but ........if it could be to your advantage they will tell you they haven't got it, its been lost or destroyed ....BUT I know they will have it.....they DESTROY NOTHING!!
Re: RBS recent CCA, they have refused to send information
Originally Posted by spaspeckerthedull
my accounts were transferred to CMS in may 2001, I received a letter from RBS earlier this year to say that I no longer had to pay my monthly amount into my own account and they gave me a different account number and sort code (I think we may have discussed this on my RBS S.A.R - (Subject access request) thread?)
You need to send a CCA request to Telford CMS. RBS have assigned your loan to a new account number for internal collection purposes, the agreement hasn't ended, the bank is required to keep documents for six years after the cessation of a contract. Whilst monies remain outstanding there remains a contract, therefore, a cca request is valid even after a judgment.
PW
An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
Winston Churchill
Re: RBS recent CCA, they have refused to send information
UPDATE:
letter received today from CMS saying payment plan in arrears with usual threat-o-gram, even though they have received account in dispute letter after CCA non compliance.
Re: RBS recent CCA, they have refused to send information
Originally Posted by spaspeckerthedull
UPDATE:
letter received today from CMS saying payment plan in arrears with usual threat-o-gram, even though they have received account in dispute letter after CCA non compliance.
What's an appropriate response?
Tell them whilst they are in default of your CCA sect 77/78 request and committing an offence you have the legal right to with hold all and any payments until they comply with your request.
Re: RBS recent CCA, they have refused to send information
Originally Posted by spaspeckerthedull
my accounts were transferred to CMS in may 2001, I received a letter from RBS earlier this year to say that I no longer had to pay my monthly amount into my own account and they gave me a different account number and sort code (I think we may have discussed this on my RBS S.A.R - (Subject access request) thread?)
Just re read your post above,
This new account number do they mention " Router Account" by any chance in any of your correspondence, ask for copies of it if they have, failing that ask if that is what your new account number is known by.