Could I take RBS to court for trying to enforce unenforacable debts made up of missold PPI and for publishing untrue information on my credit files?

Suggest that you follow their complaints process first of all and then use the services of the FOS if necessary.

and ICO but correct follow their procedures first ask for their complaints procedure then go through the motion its drawn out but if all else fails then court action

did you borrow money from them? (irrespective of whether the agreements are enforceable?)

did you fail to make the payments (for whatever reason)?

yes to both. missold ppi on 3 loans two of which were to refinance the previous loans.

only failed to make the payments on the last one due to unexpected life event. i did tell them I wouldn't be able to make the payments and asked if they could let me have longer to pay - I was still working. They were less than helpful - they offered me another loan! I took out a parachute account and contacted cccs. The loan was defaulted and my payments through cccs started 3 months later. As you can imagine interest and charges were piled on during that period.

The advice is still to follow the complaints procedure of RBS and then when you reach deadlock, to pass this to the FOS.

If I complain to the bank about missold PPI how should I word the letter? I have kept my original loan agreements. (The loans were taken out in 2001 and 2003). They were both taken out to reschedule existing debt and both over 5 years. If the full fee for 5 years was put on the first account and then the rescheduling loan had another full fee for 5 years cover on it surely I should have been given a refund for the 3 years of cover I didn't use?

it all comes under multiple loan agreements,this alone now changes the whole situation...if possible could you post up each agreement but remove all data that can identify you...

also have you sent your SAR for all data they hold on you

if not you need to do this straight away...

as you did try to re negotiate with them for help in either reducing the payments by asking for releif thay have proved very unhelpful then you have a case to build upon,if the PPI were an extra addition that you had not asked for then a complaint to the FSA AND FOS concerning this ,hopefully you have calculated your PPI payments and thses can be used to reduce your bill somewhat and if like you say you only missed one payment after the fact that you had asked for help will show you did try and help was refused except to say they were willing to offer another contract at much higher rates that you felt were unfair ..so i think we need to see all data in order to make some sense as it is we are only getting bits of info BW but dont forget to remove personal data..

patrickq1

yes to both. missold ppi on 3 loans two of which were to refinance the previous loans.

then the information recorded with the CRA (which is not enforcement by the way) would be true!!

it all comes under multiple loan agreements,this alone now changes the whole situation...if possible could you post up each agreement but remove all data that can identify you...

also have you sent your SAR for all data they hold on you

if not you need to do this straight away...

as you did try to re negotiate with them for help in either reducing the payments by asking for releif thay have proved very unhelpful then you have a case to build upon,if the PPI were an extra addition that you had not asked for then a complaint to the FSA AND FOS concerning this ,hopefully you have calculated your PPI payments and thses can be used to reduce your bill somewhat and if like you say you only missed one payment after the fact that you had asked for help will show you did try and help was refused except to say they were willing to offer another contract at much higher rates that you felt were unfair ..so i think we need to see all data in order to make some sense as it is we are only getting bits of info BW but dont forget to remove personal data..

patrickq1

could someone post a link to photobucket?

forget last post. I'll get one of the techies at work to help me scan them and post them. Sorry, I'm trying not to be a technophobe:confused:

only failed to make the payments on the last one due to unexpected life event. i did tell them I wouldn't be able to make the payments and asked if they could let me have longer to pay - I was still working. They were less than helpful - they offered me another loan! I took out a parachute account and contacted cccs. The loan was defaulted and my payments through cccs started 3 months later. As you can imagine interest and charges were piled on during that period.

the CRA information is basic- it records the fact of a missed or defaulted payment- not the reason!- although you may place an entry on the file yourself to explain the occurrence (not that it will do much good i admit)

my advise with regard to taking RBS to court is

Don't

Does anyone know why they don't take me to court? I haven't paid them anything for over a year now?

well i'll bet a pound to a bucket of pig sh*t it is because they can't (they have no cause of action)

well i'll bet a pound to a bucket of pig sh*t it is because they can't (they have no cause of action)

can you explain further? what would be a cause of action and if they are so sure I owe them money that they keep updating my credit record at the agencies why can't they take it to court?

in other words they dont have a properly executed credit agreement- without which they have no cause of action (reason to sue you)

thanks diddydicky. Do you never sleep?

First attempt to attach agreements

sorry, not good. I'll try again later.

Please follow these links to see agreements. Can anyone tell me how to calculate how much to claim? There was another loan account with PPI prior to this from about 1996 which I haven't got a copy of but I do know the account number of. Would it be worth sending in an SAR and gathering as much information as I can before claiming?

bump

please could someone peruse my aggreements on flickr

see attachments on my last post

Right. I have equipped myself with a scanner and a printer and i am beginning the fightback. I seem to have reached an impasse with RBS. They say I owe them 12,000+, I know that this is because they sold me multiple loans (3 in all) with ppi which was misold. I have 2 of the ccas which I kept copies of so I know how much the ppi was on those but I don't have a copy of the agreement for the first loan I took out in 1998 ish. I have asked for copies of the ccas four times, and paid four times but they haven't been forthcoming. I have also sent an SAR for details about the loan account but they sent me details of my current account instead. I have stopped paying anything now and the fourth DCA the bank has asked to act for them has ceased collection activity (for the time being they say) because rbs won't send the DCA the proof that they're entitled to collect the debt. I presume this is because rbs won't send the DCA copies of the loan agreements either. Now that I am not being hounded for payments by anyone I intend to begin the fight back in a calm and clinical way but I'm unsure how to start. I'll list the order of events below;

1997ish - took out a loan for home improvements with ppi

All payments up to date, took maternity leave, kept up with payments but built up overdraft, also car worn out so when Doreen, my cusomer advisor from rbs called;

July 2000 took out another loan to include overdraft and a new second hand car so I could return to work credit (see copy of loan agreement on flickr link above)

2001 unplanned pregnancy - warned baby will be disabled carry on working and paying off loan. Baby born in July is disabled - multiple hospital visits ensue.keep paying loan payments overdraft building up again

2002 Jan - return to work but can only manage part time due to prohibitive cost of childcare for 2 under 2's one disabled + still seeing lots of specialists. Overdraft still building up, lots of charges, go to see customer advisor at bank with a budget sheet, ask for repayments to be less, Doreen tells me they "don't have a product" that would allow that but she could offer me another loan to wrap up my overdraft and "set me straight again" Is she mad ? I think. I'm struggling to make the payments on the loan I've got. I decline her kind offer.

Sept 2002 go back to work full time, struggling to pay for childcare, essentials and loan repayments - overdraft continues to build - lots of charges building up

august 2003 go to bank in some distress, overdraft now equal to monthly wage, lots of dds returned unpaid and charged for, absolutely desperate. Take budget sheet again beg and plead for longer to pay. By this point my I am working full time but my salary has gone as soon as it is paid into the bank. And I have three children to feed and clothe + I am very worried about my disabled daughter. Doreen is implacable the only way I will get full access to my salary again is to take out another loan (with ppi of course (again - see copy of agreement on flickr). To be continued...

Hi Billywhiz

Has RBS made you aware that the loan agreement copies are recreated?

Paul

Hi Paul, thanks for getting back to me. please see my previous post. The copies of the loan agreements I have are the ones I kept for my files when I took the loans out and not copies that rbs sent later. They have not sent me the fully signed copies, despite me asking and paying four times that is why I stopped paying anything on the accounts.