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
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Sorry to intrude on the site but could with some help.
Royal Bank of Scotland CC - failed to send signed cca they sent a application form, then promptly sent the debt to intrium justitia who have bombarded me with phone calls. I found templates to stop the calls which they have and also sent a letter to both RBS and Intrium to state that application form does not conform to cca request. Sent those back week ago just waiting for there response.
If they cant provide the cca can i use this to get the default they registered on my credit file - i am more than willing to take this to court because of they way they have treated me and the problems it has caused me and my family.
thanx for all your responses, i will later open my own thread. Can i put a link from this thread to it?
On the police said thats the route we first took - they said its not something they would get into and I need to go to the RBS, which is what i did but there are much use as a chocolate fire guard. Said yes the outstanding balance was paid off but they have no records of the card being cancelled nor can they supply me with details as to when a new card was issued. They have sent statements and the card started to be used again 3 months after it was paid off - my argument is though the only address they have is the property I sold.
I've also gone to the places of the more recent purchases on the statements and asked if they could provide any details ie signed visa slips etc but because of the time scale was basically told not a hope!
RBS havent chased since my reply about the cca but i know its coming - i feel the best route would be to take it to court force the idiots to prove that we owe the money. I have the bank statement containing the amount paid to them when we paid it off so hoping that'll help along with the none supply of cca etc.
Thanx again for all your advice it is greatly appreciated as i feel until now i have been knocking my head against a brick wall.
1. Did you ask them to cancel your card or did you just pay off the balance?
2. Did you ever notify them of a change of address?
3. They seem to have ignored your request to investigate a possible fraudulent use of your card
4. They have not supplied a valid CCA for the account or fulfilled the SAR
(4) is easily dealt with. If they fail to supply the CCA, you have the perfect defence for any court action Intrium might threaten. Suggest you send the non-compliance letter re. the SAR. There's a link to the procedures etc. here: http://www.consumeractiongroup.co.uk...n-act-non.html
In addition I suggest you submit a formal complaint in writing asap, that way they HAVE to investigate it, it's part of the Banking Code.
Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.
In addition to foolishgirls advice, are there any online transactions shown on the statements? If there are, can you try getting in touch with those companies, explaining the situation and asking them to confirm the address of the cardholder, and any 'send to' address' that may have been used?
If these don't tally with your details, it's another detail that could help prove what you're saying to RBS.
I think the change of address is another potentially big issue for them; after all, it's a bit of a stretch for them to say you were still using the card at your old address years after you moved (you did say 3 years in your earlier posts didn't you, or was that another thread - I've read so many today I'm getting a bit post blind)
Time flies like an arrow... Fruit flies like a banana.
1. Did you ask them to cancel your card or did you just pay off the balance? yes we did but only over the phone when we paid the full balance
2. Did you ever notify them of a change of address? - no we didn't see the need as we thought it was cancelled
3. They seem to have ignored your request to investigate a possible fraudulent use of your card - I have this morning sent them 2 non compliance letters (1 for CCA and another for SAR will wait for their response and go from there. I find it very strange that they haven't once chased for the debt until i called them about what was on my file - they just registered the default and left it??
4. They have not supplied a valid CCA for the account or fulfilled the Subject access request - as above
I really appreciate all info provided - still think is my best option to take them to court??
I sold the house Jan 2003 - paid them off same month, we couldn't find another house so private rented for a year then found the house we have now been in since Jan 2004.
So the person/s using the card did so since approx April 03 and thats were they had the card registered until i called after findings on credit report - should I have never called!!
I on one now the more i type the angrier I get - bring it on RBS
Your input and that of others is greatly need and appreciated.
3. . I find it very strange that they haven't once chased for the debt until i called them about what was on my file - they just registered the default and left it??
So you never received a default notice? Have they terminated your account? i.e. have they demanded the full payment of the balance from you?
They can't terminate without issuing a default notice, so another problem for them if they seek to take you to court.
Suggest you wait & see what the SRA produces & then go for 'em....
Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.
I don't suppose there's any chance that 6 years passed inbetween your payment of the balance and you contacting them?
I know you've said it was January, but it wasn't perhaps January 1st 2003 and you contacted them January 2nd this year?
Also, regarding the non-compliance of the SAR - this may be of interest to you How to satisfy subject access requests | OUT-LAW.COM as it just confirms they can not ignore this request. My favourite bit is where they say it can be very costly to comply with one - we can but hope
I still think if this does go to court you'd have a pretty good defence in the fact you were not there any more. Even if you'd had a re-direct on your post in place, you can only do this for a maximum of 2 years, so you've been away well over this time. It may be worth pointing this out to them again?
Keep your chin up, and don't let the barstewards grind you down
Lexis
ps - just to make everyone feel a bit better, RBS' share price has fallen to a dismal 12 1/2p, dropping by 97% in the last year. I'm guessing we're not making those poor shareholders very happy by making the bank prove they have a right to take money from us Caggers
Time flies like an arrow... Fruit flies like a banana.
I don't suppose there's any chance that 6 years passed inbetween your payment of the balance and you contacting them?
I know you've said it was January, but it wasn't perhaps January 1st 2003 and you contacted them January 2nd this year?
I'd thought of this angle too lexis. As mejules has not 'acknowledged' the debt (she's merely querying why the default is on the her files) the 6 year statute barred rule would apply to any legal action in any case plus she has the added benefit that the default (regardless of who incurred it) will drop off her credit files after 6 years anyway.
That is not negating the moral/fraud aspect of the case, just being practical.
Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.
Just recieved a letter from Intrum Justitia stating that if debt not paid in full will send a baliff to my house!
Surely they cant do that without taking me to court firstly?
Julie
Correct - they need a CCJ first.
Don't panic - IJ are well known for issuing meaningless threats including those of baliffs & court action. Enjoy the weekend....
Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.
IJ are just muppets - you'll probably hear nothing more or just threatening rubbish with no legality.
Re. RSB, did you send a SAR request? Suggest you wait the 40 days for their response before attempting any further action re. your credit files as you will then be in a better position to see what has gone on with your account & make a detailed formal complaint to RBS.
Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.
The SAR was sent Sept 08 - they sent application stating thats all they needed then passed the debt to IJ. I sent a letter to IJ and RBS stating that no the application wasnt what was requested, then rec'd a letter from IJ who stated they were sending baliffs - i replied with a letter that laughed at them upon opening. Not heard a thing since but RBS still updating file. Is there a letter I can send stating that their now breaking the law by updating my file.
Also think I would like to get these muppets totally of my back and think after reading loads of links the best way to do it would be county court?
would you advise this or send another letter and see what happens next?
If you advise court what form/s would i need?
Thanks for coming straight back to me I appreciate your input.
Sorry mejules, didn't realise you'd sent for the SAR in Sept.
Re. the account they are updating/claiming on. Is it more than 6 years since you paid anything on it? i.e statute barred. I know you said you paid the card off in 2003, but was it prior to 16 Feb 2003? It just gives you more ammo if it is & could influence your possible choice of actions.
Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.
Not a problem, unfortunately my hubby panicked when we first got the letters saying the debt was owed so he paid it for a couple of months until i found this web site. Stupid we know but we didn't know about this site or what we could do.
Does this make a difference in what we can do?
Mejules against RBS
CC - failed to send signed cca they sent a application form, then promptly sent the debt to intrium justitia who have bombarded me with phone calls
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Originally Posted by mejules7
