RBS are closing your card account down

if you bank with them or anyone in their group

then they can take the funds without any need to inform you

so the bottom line is...do you have any other accounts?

One of the negative's with having more than one account with the same Banking group.

Gawd blimey your arrears are for £141.74 & they really going to terminate your account on that basis!!

Have you another account you can move your savings too? If not, then go open one & put your savings in there...

If this were me, that is what I would do whilst sorting out the issue with the RBS.

Hope you manage to get this sorted out!

Yes, there is a right of set off.

Although I expect they would never admit it, I also think that there is a duty of set off. If you have two accounts and one is in credit and one exceeds its overdraft, the bank will normally simply apply excessive charges to the overdrawn account without troubling to use credit in the other account to make up the shortfall.

This allows the bank to milk you for excessive charges and inflated interest by increasing your level of overdraft on the exceeded account.

I have always believed that if you have rights then they are accompanied by duties. I have always believed that if you have an account which passes overdraft limit then the bank has a duty to make up the shortfall from your account in credit rather than to push you even more over the edge. Of course, this is disadvantageous to the bank because they make less profit.

I'm convinced that if somebody troubled to bring an action under BCOBS on this that they would win easily. Under BCOBS the banks are obliged to have regard to the customers interests when making any decisions. It is clearly in the customers interest to take action to reduce their exposure to excessive charges. It is clearly in the banks interests simply to keep on penalising your overdrawn account.

The bank refused to lower my monthly payments from £50 to £20. They also have refused to send me the original contract (not agreement) also refused to send me a deed of assignment and a bill of payments. They have also harassed me by calling my home phone number and sending threatening letters to a man diagnosed with anxiety.

They don't care about your interests really anyone who believes that is brainwashed. All banks and debt collection agencies are insured against losses. In fact they make profits from your loss they sell your debt on and get a fee then they claim back from a insurance company on outstanding amount. They do pay a fee to these insurance companies however its peanuts for them.

Youll never get a deed of assignment. Its private business information. I think youve been reading info from a FOTL site.

get an sar running to them.

dx

what could a SAR do?

The bank refused to lower my monthly payments from £50 to £20

a sum of

https://www.lendingstandardsboard.org.uk/wp-content/uploads/2016/09/lsb-information-for-practitioners-financial-difficulty.pdf

is the matter re the rep of ireland.

what could a SAR do?

arm you with everything you might need to counter anything nasty that might happen

stay off those fmotl sites bh.

they'll do you no good and only you make you look a fool in their eyes thinking you are a pushover freeman of the land.

dx

I asked for an original credit card agreement from my creditors

only 1 company responded,

which looked like a photocopy which someone in their bedroom and cheap printer has made up.

Question is

when you sign up for credit is their a proper credit agreement like an original not photocopy which is signed in ink?

For example

company when providing ID and proof of address don't accept photocopies and some ask it to be certified by a solicitor

is it the same concept that these banks should be adhering to?

Also,

if they fail to provide you with a credit agreement when asked or even advise you on how to obtain one or sent any request forms is your debt still enforceable by courts?

I would imagine the judge would rule well you didn't provide a credit card agreement which he/she wanted therefor dismissed?

Depends when you 'signed' up

Many agreements from about 2004 fwd

Were done online by tickbox.

List your debts

And whom you sent the CCA too?

And when you took them out

After 2007 20K worth of debt from 5 different creditors.

Some misconceptions here, "signed in ink?", have you been reading some Freeman of the Land twaddle about wet ink signatures? Hopefully not, you will come unstuck very quickly.

Not producing a valid enforceable credit agreement dies nit give you automatic pass to "case dismissed"

As advised by dx, can you list the five creditors please?

We cant even begin to help if theres no info to work with.

as with your RBS thread

you are sadly following FOMTL info...bad idea

these account are post apr 2007

so a reconstructed agreement could suffice a CCA return

and could well be enforceable in court

if the debt are still with the original creditors

then I question the need for a CCA request

and stopping payments

if the debts are now sold to and you are paying a DCA

then there might be some worth in a CCA request.

be careful here

can you list your debts.

type of credit

original creditor

when you took it out

how much is owed now

who you are paying now.

Hi,

If for example a bank pass/sell on a debt to a debt collection agency there has to be some sort of paperwork for this to go through? Can we ask for this transfer of ownership of the debt through the courts and if they don't come up with the documentation isn't that illegal?

Thanks.

there is a big difference between passing a debt on for collection to a DCA

and

selling a debt on to a DCA.

the latter would need notice of assignment from both the OC & the Debt buyer to be sent

the latter needs none.

'you' cant take anyone to court for failing to prove NOA

but it would be a very big negative for the debt buyer

if they have taken you to court

and they fail to prove assignment from the OC.

but in all actuality that's very rare

more info please.....

Hi,

I sent letters to Tesco Bank asking for debt validation, deed of assignment, proof of contract they have eventually after 4 months passed onto Moorcroft sent them letter 1 got this response?

Questions I have is

We received the instructions in good faith from the client/data controller - What document do they require to show the courts they are the data controller is this the deed of assignment?

Original contract with our client? I thought it was an agreement? could I state i requested a contract not an agreement in court they failed to supply correct document?

Protection from harassment act 1 (3) © what is this?

Statements during the lifetime of the account? Does that qualify as a bill credits and debits and adjustments of account?

Passing on account to other DCA's? If they do do they need to supply proof to the court they sold this debt on to someone else?

Thanks.

DEED letter1

?

what did you send them..not a load of FMOTL letters I hope?

Moorcroft don't buy debts

they operate for clients

so they are safe to totally ignore

dx

That response looks like a response to FMOTL garbage.

Deed of assignment you won't get, did you mean notice of assignment?

What agreement is it you are after? Bank account? Credit card?

You sent them a fee schedule? DoA?

Think you have definitely been reading the wrong sites.

CCA request is all that is needed. Don't bother with trying to be clever - you will just be laughed at....ultimately by a Judge!

And if you go in front of a judge saying all the same stuff as in the op you WILL lose.