Hi

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.

Any help will be greatly appreciated.

Julie

Hi

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.

julie

above taken from consumer credit act - page 689

Mejules - IMO it's definitely RBS problem. However:

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/forum/bank-templates-library/6986-data-protection-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.

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:))

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??

Many Thanks

Julie

Hi Lexis

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:mad:

Your input and that of others is greatly need and appreciated.

Julie

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....

No not nothing since 03 when I paid it off!

Posted non compliance this morning so counting the days til I send them to court!

Will keep you posted - thanks again for your help.

Julie

Hi again

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:p

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:D

 

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.

HELP

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

HELP

 

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....

If you fancy a bit of writing I'd fire off a little letter...

Dear muppets

Please explain how you intend to send bailiffs to my home when this is only possible if I default on a CCJ order set by a court?

Now sod off.

Love mejules x

Thanx,

I cant see them taking me to court as they've still not supplied the cca or sar.

Will have a good weekend now hope you do to.

Julie

Hello

I havent updated as i've heard nothing from either intrum justitia or rbs.

Just looked on my credit file and rbs are still updating the details. Aren't they now breaking the law? If so is there a letter I can send them?

Thanks, all help is appreciated.

Julie x

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.

Hi,

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.

Thanks Julie x

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.

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?

Oh dear, mejules, what a pity you made any payments. I think this is why RBS/IJ are now chasing you - you have in effect acknowledged the debt is yours.

Just a thought, whose name is the card in & who was responsible for the recent payments made? i.e. was it cash, cheque or payment made from an individual or dual account? If the payments cannot be traced to the card holder, the card holder has not acknowledged the debt & we're back to the 'statute barred' scenario

However I would start by making a formal complaint to RBS (you'll find the relevant info. on the process on their web site or ask at the bank) regarding the unlawful/fraudulent use of your card, the fact that they did not investigate your complaint at the time & your harassment by IJ for a debt that is not yours. If you do not get the response you want within the time frame set (usually 8 weeks) you can report it to the FOS.

The issue of the CCA is not one that RBS will address as they will assert that they have supplied all they need to under S78 CCA1974 & that will be true. The fact that it is an unenforceable application form will not be recognised unless the case goes to court.

Just to add my two-penneth; when you write your complaint make very sure you state the ONLY reason any money was paid (assuming it shows it was paid from you and you have to justify it) was due to the use of threatening letters that scared you into paying.

At no point make any intimation that you thought - even briefly - that the debt was yours.

 

At no point make any intimation that you thought - even briefly - that the debt was yours.

Excellent point lexis.

I think we seem to work very well as a team with ideas foolishgirl:D

Hello

After receiving nothing from RBS since last post - we have today received the following letter (scanner not working at mo)

We refer to your correspondence dated 12th Jan 09, and apologise for the delay in getting back to you.

we regret to advise that the card agreement has been misfiled and despite searching our records we have been unable to locate it. Our record of the setting up of the card account has insufficient detail to enable us to recreate the agreement with the required degree of certainty this course of action requires.

In the circumstances we appreciate that under s.78(6) of the CCA if you decide not to meet your obligations under the card agreement as they fall due we will be unable to take steps to enforce repayment of the debt. However we consider that you should continue to meet your obligations under the agreement bearing in mind that the agreement isn't void, it remains valid and your continuing default will be reported to the Credit Reference Agencies.

Payments must continue to be paid using your monthly statement which will be sent to you.

Section 78 (6) only prevents us from pursuing recovery of the debt through the courts.

Should further assistance be required, please do not hesitate to contact us at the above office.

I trust this clarifies the matter for you.

Yours sincerely

Miss K Rose

Senior Recoveries Officer

Could somebody please help?

Many Thanks

Julie