Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


Results 1 to 14 of 14
  1. #1

    Default Help please with defaulted accounts

    Hi all, new here & desperate for help please. RBSicon are taking me to court as I could no longer afford to pay my overdrafts.


    The amounts totalled around 6k. After charges and interest this rose to 8.5 k. I complained to RBS and they refunded down to 5.7k. I'm with the Cccs who told me to offer a 5 per month payment which rbs accepted with condition I agreed to a charging order on my house which I told them to shove ..

    As it stands I also asked to see my original signed agreements for the accounts - they have said that because the accounts were opened in 1998 they are no longer available.

    Is there any defence to any if this or should I just admit the lower balance and hope for a sympathetic judge to get a payment plan agreed. Thanks in anticipation.

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  2. #2

    Default Re: Help please with defaulted accounts

    The RBSicon...................... .........again. Anyone would think they'd never been bailed out before!


  3. #3

    Default Re: Help please with defaulted accounts

    HI welcome to CAGicon,there are no regulated agreements for overdrafts as such usually a letter of acceptance of the facility is issued, but documents should be kept for 6 yearsicon after the account has been closed.
    It would I feel have been best to accept the CO and pay the 5 deal that was open, a judge may not view this favourably.


  4. #4

    Default Re: Help please with defaulted accounts

    Hi thanks for the reply & welcome. RBSicon have stated that they only needed to keep the docs for 6 yearsicon from the start of the account.


  5. #5

    Default Re: Help please with defaulted accounts

    Quote Originally Posted by Fisttime View Post
    Hi thanks for the reply & welcome. RBSicon have stated that they only needed to keep the docs for 6 yearsicon from the start of the account.
    in that they are wrong 6 years from closure!! You can challenge that.


  6. #6

    Default

    Quote Originally Posted by BRIGADIER2JCS View Post
    in that they are wrong 6 yearsicon from closure!! You can challenge that.
    thank you yes- I specifically said that it was my understanding that they had to keep the signed docs for 6 years After closure - RBSicon stated clearly that it was 6 years from signing. Thought that was bs - I'll write to Cobbetts & challenge them on this. Thank you !


  7. #7

    Default Re: Help please with defaulted accounts

    Good be very positive in your approach!!!


  8. #8

    Default Re: Help please with defaulted accounts

    Is there any document retention code or practice protocol regarding this I can quote that you're aware of brigadier ? - thanks again


  9. #9

    Default Re: Help please with defaulted accounts

    Quote Originally Posted by Fisttime View Post
    Is there any document retention code or practice protocol regarding this I can quote that you're aware of brigadier ? - thanks again
    Do you mean for the retention time ?

    I believe it is covered in the Tax and Money Laundering codes..

    Money laundering act 2003

    Post 6 by cerberusalert
    http://www.consumeractiongroup.co.uk...t-2990050.html

    6. - (1) A must maintain procedures which require the retention of the records prescribed in paragraph (2) for the period prescribed in paragraph (3).

    (2) The records are -

    (a) where evidence of identity has been obtained under the procedures stipulated by regulation 4 (identification procedures) or pursuant to regulation 8 (casinos) -

    (i) a copy of that evidence;

    (ii) information as to where a copy of that evidence may be obtained; or

    (iii) information enabling the evidence of identity to be re-obtained, but only where it is not reasonably practicable for A to comply with paragraph (i) or (ii); and


    (b) a record containing details relating to all transactions carried out by A in the course of relevant business.


    (3) In relation to the records mentioned in paragraph (2)(a), the period is -

    (a) where A and B have formed a business relationship, at least five years commencing with the date on which the relationship ends; or

    (b) in the case of a one-off transaction (or a series of such transactions), at least five years commencing with the date of the completion of all activities taking place in the course of that transaction (or, as the case may be, the last of the transactions).


    (4) In relation to the records mentioned in paragraph (2)(b), the period is at least five years commencing with the date on which all activities taking place in the course of the transaction in question were completed.

    (5) Where A is an appointed representative, his principal must ensure that A complies with this regulation in respect of any relevant business carried out by A for which the principal has accepted responsibility pursuant to section 39(1) of the 2000 Act.

    (6) Where the principal fails to do so, he is to be treated as having contravened regulation 3 and he, as well as A, is guilty of an offence.

    (7) "Appointed representative" has the meaning given by section 39(2) of the 2000 Act and "principal" has the meaning given by section 39(1) of that Act.
    Vjohn on Money laundering law

    http://www.consumeractiongroup.co.uk...=1#post3093892



    Money Laundering Regulations 2007 No. 2157 15th December 2007

    Record-keeping

    19.—(1) Subject to paragraph (4), a relevant person must keep the records specified in paragraph (2) for at least the period specified in paragraph (3).
    (2) The records are—
    (a)a copy of, or the references to, the evidence of the customer’s identity obtained pursuant to regulation 7, 8, 10, 14 or 16(4);
    (b)the supporting records (consisting of the original documents or copies) in respect of a business relationship or occasional transaction which is the subject of customer due diligence measures or ongoing monitoring.
    (3) The period is five years beginning on—
    (a)in the case of the records specified in paragraph (2)(a), the date on which—
    (i)the occasional transaction is completed; or
    (ii)the business relationship ends;


    Please consider making a small donation to help keep this site running
    Click here to donatehttp://www.consumeractiongroup.co.uk...ages/link3.gif through PayPal (opens in a new window)

    Uploading documents to CAG ** Instructions **

    Looking for a draft letter? Use the CAG Library
    Dealing with Customer Service Departments? - read the CAG Guide first

    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
    2: Take back control of your finances - Debt Diaries
    3: Feel Bullied by Creditors or Debt Collectors? Read Here
    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read


    BCOBS

    2: Does your Bank play fair - You can force your Bank to play Fair with you
    3: Banking Conduct of Business Regulations - The Hidden Rules
    4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly
    5: Fair Treatment for Credit Card Holders and Borrowers - COBS



    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
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  10. #10

    Default Re: Help please with defaulted accounts

    Fantastic , thank you again for your help! You never know , it might have some leverage. I'll let you know the response ? Thanks


  11. #11

    Default Re: Help please with defaulted accounts

    If you need help drafting your response, just shout.

    Do please remember that if a claim has been issued, there is only so much time to respond.

    Issue date + 5 for service + 14 to acknowledge claim + 14 to submit defence if that is your intention.

    Can you let us know exactly what it says on the claim formicon? The reason they are saying they have issued the claim ?

    Please consider making a small donation to help keep this site running
    Click here to donatehttp://www.consumeractiongroup.co.uk...ages/link3.gif through PayPal (opens in a new window)

    Uploading documents to CAG ** Instructions **

    Looking for a draft letter? Use the CAG Library
    Dealing with Customer Service Departments? - read the CAG Guide first

    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
    2: Take back control of your finances - Debt Diaries
    3: Feel Bullied by Creditors or Debt Collectors? Read Here
    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read


    BCOBS

    2: Does your Bank play fair - You can force your Bank to play Fair with you
    3: Banking Conduct of Business Regulations - The Hidden Rules
    4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly
    5: Fair Treatment for Credit Card Holders and Borrowers - COBS



    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
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  12. #12

    Default Re: Help please with defaulted accounts

    Hi Citizen thanks for the reply, the particulars of claim are:
    "The claimants claim relates to outstanding bank accounts maintained by the defendant with the claimant as follies : (lists seven accounts) - The claimant is the holder of a license under the consumer crediticon act 1974. The claimant has made demand /issued default notice in respect of the outstanding accounts. The def has failed to repay and/or the default notice has not been complied with (never received default notice &RBSicon say they don't keep copies) The total amount outstanding set out above includes accrued interest at the relevant agreement rate (contractural) from the date of demand /termination date to the date of issue. And the claimant claims 1.8,959.04 2. Costs 3. Interest pursuant etc. " Rbs haven't amended the claim amount with the court when they took off all the interest & charges accrued. Thanks for any help - its greatly appreciated


  13. #13

    Default Re: Help please with defaulted accounts

    Did they send a demand(s) ?

    7 accounts ?

    Are these all current accounts with overdrafts ?

    Can you perhaps give a little more detail.

    You got to a point where you could no longer service the account(s)

    Did you speak to the bank and ask for help - what was their response.

    Do you have other debts with more priority?

    Please consider making a small donation to help keep this site running
    Click here to donatehttp://www.consumeractiongroup.co.uk...ages/link3.gif through PayPal (opens in a new window)

    Uploading documents to CAG ** Instructions **

    Looking for a draft letter? Use the CAG Library
    Dealing with Customer Service Departments? - read the CAG Guide first

    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
    2: Take back control of your finances - Debt Diaries
    3: Feel Bullied by Creditors or Debt Collectors? Read Here
    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read


    BCOBS

    2: Does your Bank play fair - You can force your Bank to play Fair with you
    3: Banking Conduct of Business Regulations - The Hidden Rules
    4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly
    5: Fair Treatment for Credit Card Holders and Borrowers - COBS



    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
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  14. #14

    Default Re: Help please with defaulted accounts

    Yes, my finances were /are dire. Income and expenditure sent to RBSicon , prepared by Cccs. The response from the bank was to refund the interest & charges. I'm worried by the charging order threat as this will add more costs & interest on ! It stinks that they can't even produce my original spplications - the reason I ask for them is because I don't ever remember signing any agreement



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