Royal bank of Scotland group / NatWest after demanding money from me out of the blue now admit they have "misfiled" my Cred Agree and cant produce it as per my request. They returned my 1 pound and say that they realise that they can't force me to pay up in court but threaten to register defualt on "alleged" accout if i dont arrange to pay.....

Now as far as I understand this, they don't have my permission to share information with anyone about an "alleged account" they can't even produce a cred agree for, and there is no exemption in Data Protection Act why they could share this information.

Need to send a letter fairly urgent any suggestions what to put in letter would be most grateful :S

Hi Adamess,

You need to send this letter :-

Account In Dispute

Ref:

Dear Sir/Madam

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

This limit has expired.

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

......................... ..............

Print or type your name.

Hope this helps,

Lex

That letter is the dogs ******** Mr lex exactly what i needed, thanks so much for that, a real big help

I can relax a little now

I still can't believe how cavalier the banks in general are with keeping their information str8....

Thanks Adamess

I still can't believe how cavalier the banks in general are with keeping their information str8....

Nor can we.........

The Bank campaign has been running for over three years now, sometimes it feels like one step forward and two back

Lex

I hope I'm not being pedantic because the letter seems to explain everything I've been trying to infer over the last couple of days, but I've seen it a few times now and couple of things jump out.

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Should this be one sentence? Its just that the second sentence doesn't seem to stand up on its own.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Do we give them 21 days or 14?

I hope I'm not being pedantic because the letter seems to explain everything I've been trying to infer over the last couple of days, but I've seen it a few times now and couple of things jump out.

 

 

Should this be one sentence? Its just that the second sentence doesn't seem to stand up on its own.

 

 

Do we give them 21 days or 14?

I have read the relevant statutory law and 21 days is the timescale, so I guess 21 days....

Hi,

14 days to supply the CCA (12=2)

21 days to explain why they are/have continued to process your data.

Lex

Sorry Lex, I didn't make myself clear. When talking about the Data Protection Act s10 notice, your letter says "Should you refuse to comply, you must within 21 days......" then "Should you not respond within 14 days....". Both are talking about the recipient's response to the Data Protection Act s10 notice.

If you sent it to me I'd be thinking "he's given me 21 days to explain why I'm going to continue to process the data, but will assume that I'm not going to process it after 14 days". It just seems a little inconsistent that's all.

How about this?

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data, stating upon which legislation this reasoning depends. If I do not receive this explanation, I will assume that this means you agree to remove all such data.

I have sent letter as posted by Mr Lex above and so far it has been ignored and in addition Natwest have sent DEFAULT NOTICE to me giving me 28 days.

Help! what should i do now, they appear to have ignored the letter I sent completely...

Any ideas on what action to take next anyone?

any suggestions most grateful... :S

Should I write to them again before I consider a course of action like enforcing DPA s.10 through court?

I would - write it like a preliminary letter and give them 14 days to reply. Tell them that, if they don't reply positively within 14 days you will send them a Letter Before Action giving them a further 14 days. Should they fail to respond positively in that time, you will then commence proceedings in the County Court under ss13 and 14 of the Data Protection Act 1998 without furter orrescpondence.

Here are the letters and default notice - I note they give 28 days notice.

Having read the banking standards code it appears that ignoring the fact that no valid agreement is present and neither permission to process my data, if an account is in dispute the banks must give (according to the code) 28 days notice before passing information to third parties.

This didn't seem to stop then magicking credit reference entries some 6months ago that contained negative information, that have before that date never existed on my credit file in any form whatsoever about an account with that number... tut tut!

What is the world coming too...... So I am preparing some preliminary letters based on the kind advice of steven4064 and would welcome any suggestions again.... Do i just go ahed and post what I got up here for you kind people to tel me what you think or should I be waiting for further suggestions as I am getting a little worried bout doing something fairly soon with this one....

Thanks all