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Royal Bank Of Scotland -v- Myself


martin4963
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:) Hi Folks !

 

Recently made a token offer of payment of £1.00 per month (using letter templates) and enclosed a budget sheet. It seems they (RBS) have passed the letters onto Triton Credit Services, who are now requesting details of my other creditors and amounts owing ( they claim that the info. on budget sheet was incomplete).

 

Should I comply, or should I tell them to mind their own business & start the whole CCA request scenario all over again ?

 

 

Martin4963

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They have no right to this information, you decide what you can afford and not them. only the courts have a right to this information.

 

If you have already requested the CCA then you do not need to resend it, the debt is already in dispute and they had no right to sell/transfer it.

 

send the following letter instead

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the CCA 74.

 

As **original creditor/DCA** are now in default of my Consumer Credit Act request, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

 

 

 

If you haven't yet requested your CCA then do so asap

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