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    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
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Where to send RBS data protection letter for student account OD?


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  • 4 weeks later...

I had a student account with RBS but account was closed for going over authorised overdraft because of their bank charges. Debt has been transferred to DCA. Default was also registered on my credit file.

 

I then sent a Data Protection to DCA(Wescot Credit) for them to sent it to RBS but they told me they could not do that and was told to contact RBS direct. I then sent the Data Protection and Subject Access and have now received my statements.However my name is mispelt on the bank statement, there is a Y instead of R.(Told them about thi when I was still banking with them and they said it wasn't much of a problem).DCA tells me that outstanding balance is £1400 but statements from bank have £2149 showing ridiculous amounts of interest being added.

 

Can you please advise of what I have to do next? Can I make a claim for the interest and charges? What can I do about my mispelt name ? ( Can i ask equifax to remove that from my file as that is not my name). I have written a subject access already and have not received information about when and how much my debt was sold for, so do I need to write a letter again for this information?

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You need to start by reading the FAQ's and Step-by-Step Guide.

 

I will have this thread moved to the RBS Forum, so your fellow RBS claimants can assist you.

 

You need to claim back your charges and interest claimed on the charges, and ask for the removal of any adverse data from the Credit Reference Agencies as a part of your claim. This request should also form part of your Prelim & LBA. As the charges make up 80% of the debt, then they can't argue that any adverse data is a true reflection.

 

Hope this helps

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I had a student account with RBS but account was closed for going over authorised overdraft because of their bank charges. Debt has been transferred to DCA. Default was also registered on my credit file.

 

I then sent a Data Protection to DCA(Wescot Credit) for them to sent it to RBS but they told me they could not do that and was told to contact RBS direct. I then sent the Data Protection and Subject Access and have now received my statements.However my name is mispelt on the bank statement, there is a Y instead of R.(Told them about thi when I was still banking with them and they said it wasn't much of a problem).DCA tells me that outstanding balance is £1400 but statements from bank have £2149 showing ridiculous amounts of interest being added.

 

Can you please advise of what I have to do next? Can I make a claim for the interest and charges? What can I do about my mispelt name ? ( Can i ask equifax to remove that from my file as that is not my name). I have written a subject access already and have not received information about when and how much my debt was sold for, so do I need to write a letter again for this information

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Now that you have the statements work out how much the charges are and send the prelim letter to the Bank.

Also send an s10 letter demanding they stop processing your data.

The s10 letter is in the bank temps library.

As for the dca. Write to them recorded delivery and inform them that as your account is in dispute with the bank,they should suspoend recovery action for further action,This is a legal requirement.

You can also send the Dca a request under the 1974 consumer credit act for details they have on your account.

You will find more information about this in the baliff and debt sections on the forums.

As regards the misspelt name,I would question this with the Bank.

Try to keep all contact by letter and of course recorded

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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