Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
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  1. #1
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    Default RBS registers default despite getting payment

    It was the sudden and abrupt closure of my six-year-old current account without giving any reason, which triggered my troubles with the Royal Bank of Scotlandicon. The bank then demanded an immediate clearance of my overdrafticon amount which was strictly within the sanctioned limit. I expressed my inability to clear the entire sum of over £ 2000 in one go. Following an observation of the Financial Ombudsmanicon Service that the bank should give me sufficient time to repay my OD limit, I was advised by the Credit Control Department of Royal Bank of Scotland to pay the OD in instalments. It was mutually agreed that I will clear the overdraft in equal instalments of £ 200 per month.

    I abided by the agreement from my side and continued paying the instalments regularly till the time the overdraft was reduced to zero. The last instalment was paid in May 2007. Thereafter complete silence prevailed from the side of Royal Bank of Scotland. I was never ever contacted by any official of the Royal Bank of Scotland either by phone, by letter or by e-mail. I was under the impression that the OD has been paid off and nothing is due. Needless to mention that I still maintain a RBSicon Gold Credit Card with a reasonable credit limit, with all the payments up to date with my correct and current mailing address on the files of Royal Bank of Scotland. On 29th September 2007, I received a notice from Regal Credit Consultants Ltd. informing me that I owe a sum of £ 449.34 to Royal Bank of Scotland and the case is now being handled by this debt collectionicon agency. I protested against the same seeking clarification as to why was a debt collection agency involved, when I am responding to all calls and fully cooperating with RBS Credit Control team making all efforts to clear the outstanding amounts. I was then informed by RBS Head Office (Over telephone) that Royal Bank of Scotland tried to contact me at my old home address and failed to get hold of me. I was accused of not informing Royal Bank of Scotland of my change of address which resulted in their failure to contact me. I replied that my current up to date address is available in your record as all my RBS Credit Card statements come to my new home address. I was told that the credit card department is separate from the Current Account Department and the Credit Control Department of Royal Bank of Scotland has recorded a default due to my failure to respond to their attempts to contact me. In short, without being given a chance to clear whatever was left of the outstanding OD amount, a default was recorded on my credit history at Experian and other credit rating agencies.

    Following the receipt of a notice from Regal Credit Consultants Ltd., I immediately cleared the outstanding amount. This amount was paid on the same day on which I received a notice i.e. 29th September 2007. Now the problem is my credit history. I rang RBS Head office and spoke to a customer relations officer and explained the whole situation to him. He refused to help me on this account saying that the default recorded on my credit history was correct at the time of recording and will not be removed by Royal Bank of Scotland for the next six years. I protested against the same, but to no avail.

    Then I wrote a letter to the RBS Customer Relations Manager on 24th October 2007 narrating all the events as detailed above. In reply I received a letter from the customer relations team of RBOS dated 15th November 2007 informing me that they are not willing to remove the default from my credit history. In January 2008, I filed a complaint against RBS with the Federal Ombudsman’s Office which is pending till today. My credit file has a blot of a default which has been settled ages ago. But every time, I apply for any financial deal, I get refused because of a default present on my credit history.
    Is there a way out? Can anybody help?

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  2. #2
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    Sparkie1723 Authoritative Sparkie1723 Authoritative Sparkie1723 Authoritative Sparkie1723 Authoritative Sparkie1723 Authoritative Sparkie1723 Authoritative Sparkie1723 Authoritative Sparkie1723 Authoritative Sparkie1723 Authoritative

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    Default Re: RBS registers default despite getting payment

    In my view there is a LOT you can do about this ....but knowing RBSicon like I do (and I know them real well) you will have to fight them...Iwill be back with a few things to hit them with, in the meantime I am sure some other CAGicon members will be giving you pointers as well.

    sparkie


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    Default Re: RBS registers default despite getting payment

    Hi Sparkie1723,
    Nobody else has cropped up with any idea. Could you please advise what could be done to undo the default on my credit history.
    Thanks
    Ray786


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    Default Re: RBS registers default despite getting payment

    Ray

    You have come to the right place!

    You have given very informative information. Which helps the many people on this forum give advice without having to ask you loads more questions.

    However, the VERY best person to help you is Sparkie! He's been doing this for a while now and I hope that he might take an interesticon in your situation.

    D


  5. #5
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    Default Re: RBS registers default despite getting payment

    Hi there Ray,
    The first thing you should point out to the RBSicon is this.
    They have all your personal details as you hold a Credit Card issued by them, irrespective of their statement that it is a different department, when you signed the Fair processing notice on the application for your credit card …it would have stated……."We will share your personal details and information to other companies in our group"….I would emphasise the words WE WILL share your details. This is a statement of intent and if they do not carry out this intent ....That is a negligent mis statement that has caused you loss and damage.... ( Mis-Representation Act 1967)
    Therefore the responsibility for one department not doing what they said they would/will do is not your responsibility, it is the Bank as a group.
    Therefore the default has been registered later by way of their negligence and failure to do what they said they will do and is therefore unlawful.
    A Breach of the Second Principle of the DPA ..."a data subject must not be deceived or misled in the manner which his data is processed"
    This is just for starters I will come back with a bit more later ..I’m a bit busy with the RBS myself but “I will be back” …l………..as Arnold used to say
    sparkie


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    Default Re: RBS registers default despite getting payment

    Have you been in contact with the fosicon to find out what the delay is?

    Have you done an SARicon on the RBSicon as this should disclsoe the reason for the sudden account closure.

    You say that you repaid until a zero balance. How come there was then a £440 odd balance outstanding. What was that due to?

    Did they not send you any statements during your repayment - either to your old or your new address?

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  7. #7
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    Default Re: RBS registers default despite getting payment

    fosicon says it has a long backlog. It will take another few months to deal with the application.
    I categorically asked the reason for the sudden losure of my account. They refused to disclose the same or even discuss the matter further.
    Although I repaid till the zero balance according to my calculation. But the bank calculates things differently. I think it was interesticon accrued plus the compound interest.
    No. RBSicon did not send me any statement during the period I was paying them instalments - neither to my old address nor to my new address.



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