Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

RBS Group / Natwest misfile my Cred Agree and threaten default if i don't pay? HELP ! :s


adamess
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5516 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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

Link to post
Share on other sites

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

  • Haha 1

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

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

 

I can relax a little now :D

 

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

Link to post
Share on other sites

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

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

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?

Link to post
Share on other sites

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.... :D

Link to post
Share on other sites

Hi,

 

14 days to supply the CCA (12=2)

 

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

 

Lex

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

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.

Link to post
Share on other sites

  • 2 weeks later...

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

Link to post
Share on other sites

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.

 

 

Link to post
Share on other sites

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...