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The book is easy to understand and clearly explains the rights
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2 weeks after making my DPA requests to RBS I get a letter from these people.
It is a letter before action and states that legal action to be started for recovery of 619.46
These are all pen charge related.
Do I now send them a letter telling them I am pursuing a claim?
Do I ask them to supply the original copy of the agreement ?
Anything further/additiional.
Will a provisional e mail do before the letter is sent ?
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Dear Sirs,
Thank You for your letter dated 7th June 2006.
Firstly I am most grateful to you for pointing out your procedures for
collecting debts owned to The Royal Bank of Scotland,and I take note of
your stated legal action intent.
Perhaps likewise I could similarly point out some details to you.
1. The amount you are claiming from me consists of some/if not all illegal
penalty charges which were added to my former account with the RBS.
2. I have sent a request(which has been acknowledged by them )to the RBS
for full transaction details under the Data protection Act which will
highlite the said charges.
3. It is my intention ALSO to pursue legal action for the recovery of the
said penalty charges through the proper legal procedure and will include a
request for interest at the stat rate.
May I also remind you that I will be making a request to yourselves to see
the ORIGINAL agreement signed by myself with regards to any Royal Bank of
Scotland accounts,and you are required to supply this under the terms of
the consumer credit act 1974 failiure to do this is an offence.
I will be sending you the above information by special royal mail delivery
with a reminder of the time limits that you have to respond .
In the meantime you may wish to review the contents of your own letter to
me stating your intended action against me on or after 13th June.
I make it clear here that this action will be vigourously defended using
all means at my disposal including references to recent litigation and
rulings.
Yours Faithfully
Sound ok ???
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I also got an lba (though not from RBoS), after requesting DPA information. I just advised them verbally of my intention and went ahead and send the prelim letter and my LBA as normal. I got to the moneyclaim stage and have been offered full refund. They never went ahead with their claim in the end.
I suppose if you got served with court papers you could state the amount is in dispute and that you have a counter claim, but wait for a mod to come along and answer this for sure...
I did not have any overdraft nor loans with these accounts.
So the total MUST be penalty charges !
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I got a letter from capquest threatening court action for the sum of 400 pounds, (from another bank), i phoned them up and told them that the account was in dispute so they`ve put the account on hold for 30 days, will have to keep updating them to say what progress is being made.
You should ask them for a copy of the agreement that relates to the money they are trying to recover.
Looks like this firm is not part of the RBS group so its possible the debt was sold on.
Ask them how they aquired the debt.
By the law you should have been notified that they had sold the debt to them (if this is the case)
Never mind 30 days !!!
Give them some days too ..........to provide the information YOU are entitled to .
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Btw cant find it here.........but does anyone know of the legislation that requires notification for sold debts ?
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I do know the `debt` was sold on to capquest, the shatwest told me that they had when i phoned up thge bank to try and get details of my account i hadnt used in 3 years.
They should have informed you when this took place.........its not your responsibility to have to ring them to find out.
Its extremely likely that Capquest will not have the original agreement that you can demand.
Moreover they cannot collect these charges if they relate in part/whole to penalty charges.
If they dont know this they are about to finfd out ..........
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Surely if these people are issuing lba's straight off the bat without issuing any Prelim's, then we should be able to do the same?!
Sod it, once i get a reply from my LBA im filing a claim the next day!
p.s. Sorry for hijacking your thread
HA HA
I understand your feelings.
I did get a prelim letter but ignored it as they usually go away.
I have a sneaky feeling that the RBS have reminded them with a nudge and wink that they still not sorted it (after I sent my Dpa request)
They are getting quite predictable now so its easy to plan a stratedgy.
As regards your LBA being returned I am not too sure on the timescale before court you should check it.
Our actions must be seen to be/and exercised within the legal frame..even if the other lot choose to ignore.
By doing it this way ultimately contributes towards getting the result we want.
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Well the 'system' has worked for many people thus far so ill see what their response is.
Although the guide for small claims in N.I. sets out a sample letter that gives 7 days to comply before issuing proceedings.
hi i am new to this site can anyone give me some advice please?
i have been on incapaciity benefits for a few years now but on the 1st on december i started part time employment a few hours a week about 8years ago i got my-self in to dept for £1000.00 with a bank i did try to pay it of but i just could not afford it as i was in bad health... yesterday while i was at home my new employer phoned me and told me that a dept collection agency had called their office asking for me and saying that would i get in touch with them and they gave my boss the refference number and phone number to contact cap quest as i owe this dept to them... well i cant not tell you how embarrassed i felt as i have just started this employment i now feel like i cant face my boss and feel like giving up my employment now...i called cap quest i told them all i cound afford is £20.00 a month they asked if i had a car i said no. i asked why did you tell my boss that you were a dept collection agency they said they didt and if i pay £10.00 they will sent me a recording of the recorded message which i shall do. as how would my boss have knowing that information.. i feel they have totally ashamed me i dont mind paying the dept i owe now i am working but i dont want to pay these people. if this is the tactics they use as i have no letters from them but they said they had sent me letters.. but i never received them...i owe the money to the bank not them..
hi i am new to this site can anyone give me some advice please?
i have been on incapaciity benefits for a few years now but on the 1st on december i started part time employment a few hours a week about 8years ago i got my-self in to dept for £1000.00 with a bank i did try to pay it of but i just could not afford it as i was in bad health... yesterday while i was at home my new employer phoned me and told me that a dept collection agency had called their office asking for me and saying that would i get in touch with them and they gave my boss the refference number and phone number to contact cap quest as i owe this dept to them... well i cant not tell you how embarrassed i felt as i have just started this employment i now feel like i cant face my boss and feel like giving up my employment now...i called cap quest i told them all i cound afford is £20.00 a month they asked if i had a car i said no. i asked why did you tell my boss that you were a dept collection agency they said they didt and if i pay £10.00 they will sent me a recording of the recorded message which i shall do. as how would my boss have knowing that information.. i feel they have totally ashamed me i dont mind paying the dept i owe now i am working but i dont want to pay these people. if this is the tactics they use as i have no letters from them but they said they had sent me letters.. but i never received them...i owe the money to the bank not them..
I've dafaulted an Amex account in 2001, paid it all back and in 2006 I receive a letter from Capquest apparently owing them an Amex debt they purchased. I've done an Subject access request with Amex and it came out that whilst Amex has closed my account they continued for 5 years to charge AMEX Card protection services. I sent a complain letter to Amex and they came back with a simple note saying it's my responsibility and I should've advised AMEX Card protection services that my account is closed. Huh??
Anyway, I got the Financial Ombudsman involved and 2 weeks later Amex apologised!
Contact these guys, they actually help!
Crapquest is still calling me and sending me letters, lol
Cap Quest (DCA)
I get a letter from these people.
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Originally Posted by aaronmcl
Re: Cap Quest (DCA)
