HI THIS IS GONNA BE A LONG THREAD SO MAKE YA SELF A CUPPA TEA.

i came home tonight to find that i had a letter from the royal bank of scotland. (our account is in the Carlisle branch) it asked my partner to phone them ASAP ( i can type the letter out if need be)

I telephoned them as our account should be joint but they obviously havnt changed it any way i did the security question and stuff then asked what the problem was HERE WE GO>>> the girl explained that the account was in the collections department from the royal bank of scotland which neither me or my partner had been informed about and they said that it had been for 121 days. i asked why this was and the stated it was because the loan account was in arrears. We had been told this by the bank and they said to help manage the account my partner Andy should down grade his account to a standard current account which he did- this was June 21st... he was not told that account had been passed to the collections deparment or anything so any way some time after this (september) i arranged to shift my account to them to just out of easyness so that my wages would go into the account and so we didnt go overdrawn what i wasnt told at the time is that I have now had defaults on my credit report as i have put my name on the account!!??? I was not notified of this when i signed to be put on the account at all!! so now me and andys name has a PRE DEFAULT on the account which is what the lady said in the call centre when i phoned. as we down graded the account to be a standard current account we just paid the normal fees for having aaccount with them OR SO WE WERE THOUGHT but to my horror we have been paying ROYALIES PREMIER FEES since june to which i have no idea it would be.. the collections department who i have spoken to tonight agreed with me that i should never have been put on the account because andys account was being dealt with them by now and that we both have a bad credit score now, i asked if she could email me the notes on our account but she said that we need to send a letter to them requesting them because of data protection... i have advised them that i will be taking legal advice because of all the incompitence by my bank. what i need to know is what to do now i definatly want this to be sorted but do i get a solicitor??? i wondered if andybody could help me rustle up a little statement to take to the bank manager 2moro to tell him that i mean business about the laws and stuff!!??? any help would be REALLY REALLY usefull.they also said that they had the wrong telephone number and that they have been trying to caontact us but the IDIOT who took our detail had put the wrong number down on the account so they could not get in touch with us so again that is there fault , they said that they have been trying to contact us to tell us that if we could put £60 quid in the loan account we would would be removed from the collection s department but beacuse the girl had took the wrong number they couldnt tell us so for the sake of £60 we have now been in the collections department for 121 days!!! i have arranged to pay the £60 into the loan account 2moro and the girl said that they would remove us from the collections department as soon as i do all of that.

if any of this makes no sense please let me know anybody that can help me can phone me if they think that they can help??

I am i right to be mad?

Ok, deep breaths, this can all be solved I am sure.....

Firstly, I think you have a case, did they ever send you a letter to inform you that you were at collections or anything similar since the date they passed it to their collections?

The first thing I would do is get your SAR Data Proctection Letter off in the post or bring it down to your bank tommorow, this letter can be found here... http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html just add your details into it.

I can't see how they can legally issue a default against you without giving you adequate notice of this, and if you can get all info they hold on you (as per data protection act) it will show the occasions the wrote to you, and any time you phoned them etc....

Has she downgraded the account to what it should have been now?

I woudl advice you from now on to keep everything in writing, just to be safe, this means no "he said she said" if this needed to go to court, just hard black and white facts.

In the meantime pay in what you need to bring the account back into credit and get your letter to them asap.

I am sure someone more experienced than me can advise you on what to do about the default and such..

Sorry this has happened to you....it makes me so mad!

i know its really upsetting ive been crying for ages.. just when you think your sorting your self out and things like this happen they said they will put the account back to normall tomorow when i clear the account. thanks so much for your advice. i just dont know what to do

Oh god, please don't cry over them, they are simply not worth it, although I know how upsetting money worries can be.

Is your account at collections for just £60.00? When you pay that tommorow does that clear it? And then we are left with trying to sort out the defaults?

Hit me over the head if I have got that wrong!

yes thats corrcet the sad thing is that i could have paid the money as soon as they told me 121 days ago. what do you think i should say to them tomorrow im so mad at there incompitence if the sill y girl had just took the right number. i want something done they have cause me so much stress. the girl in the call centre has put it on the account that i am going to take legal action, its the fact that they put me on andys account without even telling me that it would effect my credit score. do you think i should say to them 2moro that i am taking legal action? are there any forms i can download about the law on this? have they broken any law?

I would think that if they havent informed you in writing that you owed them money and unless you paid it they would enter a default against you , yes you have a strong case.. I am going to get some help from someone who may know more than me about this....keep an eye on this thread....

http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html?highlight=%22signed+authority%22

in the meantime start reading these threads.

thanks so much

Ok a couple if things to do.

First of all send off the S.A.R - (Subject Access Request) for full statement details of the accounts you hold ALL of them.one 10.00 fee covers all.

Use the template letter (find this in the link below) bank temps letters

If the account was joint and neededboth sigs then both sign the letter.

send this to the head office.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

Secondly send a s10 letter under the data protection act......to the collections dept of the bank this prevents them from further processing your data.This link also below.

If the bank defaulted you and did not provide you with a notice of default then the default is not legal this is something you could take up with your local trading standards.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

You must make the banks collections aware that the account is in dispute,therefore any further recovery action be suspended.If you are happy to make continued payments that you have made by arrangement and can afford to do so then you can do that.

Remember though that the banks collections agency or any dca are likely to say you acknowledged the default by agreeing to make repayments after the account was defaulted.

There are 3 or 4 issues here and all have different ways to address them

I hope its clear what you need to do to start the ball rolling.

where do i get the S10 for should i take this in with me 2moro im gonna try and see the bank manager

so should i not make a payment arrangement?

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

That is the s10

the letter that i got 2nyt said

Dear Mr ....

We have been trying to contact you over the last few days regarding the above numbered account(s)

Please call us on the above number on recirt of this letter.

It is important to note that if the position is not resolved within the next seven days formal regulatory notices will be issued in accordance with the provisions of the consumer credit act.

In the meantime, should you have a cheque book and highline/ servicecard these should be returned. For security reasons please cut the cards in two before posing.

our telephone lines are open 8 am to 8pm and sat 9am to 5pm to discuss your account.

yours sincerly

Collections Centre Manager

thanks

where do i get the S10 for should i take this in with me 2moro im gonna try and see the bank manager

The s10 should be sent to their reg office.

You could take it to your local branch and hand it to the manager.

But if you do this make sure you have a signed dated receipt for it.

thanks for your help i really cant thank you all enough

You can ask for a copy if the default as well as a copy of your original signed agreement.

The fee is 1.00 and they are obliged to send you a copy of these under the consumer credit act 1974.

Dont want to blind you with too much at this stage.

take it 1 step at a time.

hi i am going to see the bank manager at 12 today i need to take the s10 form but i dont know what to do about the dates as my boyfriend has been with the bank for over 8 years but i just joined his account last month how will i state this in t

Re: account no. XXXXXXXXX

Account holder. Mr A Milner & Miss L Collins

Address. Carlisle

Whereas between us have been customers of Royal Bank Of Scotland Bank for over 7 years whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

Therefore Take Notice that we require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which we are the subject insofar as that processing involves the communication or passing of personal data of which we are the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to us and in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

A. Milner L.Collins

06/10/06he letter

is this ok?

any help would be really appreciated.

I have changed slightly to betwee us.......this leaves the question variable.

sorry what does this mean? sorry to be stupid?

sorry i understand now thanks so much the bank manager is being totally nasty to me dont wanna go and see him

hi again i need to say somethink about seeing all the notes that have been put on my file by the collection dept how do i do this? i have been looking but cant see the correct form.

am i entitled to do this if so what rights do i have?

Quite simple........it says you have both been account holders and that the period has been over 7 years........dont matter who has been there longest shortest time...........I dont think thats an issue here anyway.

Your request is clear enough.

Make sure you keep a copy and when you get a signed receipt for it ....good idea to keep the 2 filed together.

Yes I will tell you about that after you sort this out.

Its easy to get flustered lets do one thing at a time eh ?