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
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
This issue relates to alleged parking violations, but probably belongs here in view of the curious behaviour of The RBS!
A bailiff called on a friend of mine on 24/03/06 demanding payment for the above. He felt threatened and therefore made payment with an RBS credit card ... under duress. He reported this to RBS that same day by phone, but they failed to cancel or challenge the transaction!
He recd statements from RBS and refused to pay them in view of
1. He was under duress when making payment, as noted
2. No court papers were presented
3. No court papers followed, despite a promise from the bailiff to produce these at a later date
4. He felt that RBS are effectively aiding and abetting an unlawful action by failing to cancel the payment
5. The parking violations were probably unlawful in the first place
On the 15/02/2007 RBS took payment directly from his bank account (almost £700) without prior warning, and after having threatened court action. No court action was initiated, despite the threat, but a payment was taken, anyway.
This seems to raise a number of issues, not least in relation to data protection laws! Regardless of the legality or otherwise of the parking tickets, does The RBS have the right to take payments directly from a separate account, especially in view of the circumstances? Also, have they failed act in accordance with his consumer rights by honouring a questionable transaction in the first place?
He needs to get in contact with RBS credit card and get a form to allow him to challenge the CC payment. It's not something they can sort out over the phone. BUT. RBS CC will also get the bailliff's side of the story, and come to some decision as to whether or not to cancel the payment.
Regarding the taking of money from his account. Hmm. I suppose to a certain extent it depends on what the agreement says. BUT.
I have 2 accounts with the RBS. One where my money gets paid into, and the other to pay D/Ds S/Os etc. When I didn't have enough in my bill paying account to pay my mortgage one month, they just bounced the D/D, despite there being enough in my first account to transfer over to cover the payment. I was told at the time that they couldn't just transfer it for such a large amount, (£500) as it would have needed my permission to do so.
So, my guess is, they SHOULDN'T have taken from his account to cover his CC payment. But it is a guess.
I don'treally see what comeback he has on RBS - he used his credit card for a transaction, and presumabaly authorised that transaction by PIN or siganture, therefore his card was not used fraudently and he agreed the amount.
It is not up to the bank to check out if he has court orders etc before making payments. It is rather like saying that they should not pay restaurant bills before checking the cardholder was sober.
I should imagine that RBS have used the right of offset from his current account, which they are quite within their rights to do.
I should imagine that RBS have used the right of offset from his current account, which they are quite within their rights to do.
Aye, they only seem to do that when it suits them though. And don't if they think they can make a few bob in charges.
Mind you. It was that ploy that got my back up for the last time, and prompted me to claim ALL my charges back, not just the £38 I got hit with for that little bit of nonsense.
Apparently RBS did not send or offer any dispute form, and advised my friend on the day of the initial payment that little could be done!
My friend had a RBS Mastercard, not a debit card, so I am surprised they can switch funds as it suits them. I would have thought that there was a data protection issue here?
Apparently RBS did not send or offer any dispute form, and advised my friend on the day of the initial payment that little could be done!
Which is probably correct see my post above.
Your friend is better off going after the people that charged her and sorting out a refund that way, there is no dispute here.
My friend had a RBS Mastercard, not a debit card, so I am surprised they can switch funds as it suits them. I would have thought that there was a data protection issue here
It is the same group so the right of offset applies - it will be i nthe T&C somewhere
Illegal deduction?
!
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Originally Posted by gizmo111
