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ihaterbs

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  1. Ok I will try my best to keep this simple!! In 1999 I was acting as an agent for my sick mother in relation to property rental By this I mean I received rent cheques from the council paid to tenants in her property , Now 1 tenant went to jail (on remand ) Ok so the tenant was on remand his stuff was still in the flat for months, 4 actually They apparently disputed this fact and clamed overpayment of rental !!! I knew nothing off this in 1999 or 2000 and not until I served them with data protection request in 2004 after they asked me to pay it back … .. Now apparently between 1999 and 2000 the council awarded them self’s(Tribunal award ) the debit Surprise!! And also applied to the county courts to have a Charging Order. This they where obviously granted due to the fact they where writing to me @ the wrong address ( I have a letter as nearly lol admitting this …) but in 2000 they applied for charging order Nisi and changed the address to my home address … for some reason I did not receive any paperwork for this and again they where granted order Nisi .. To sum up so far I knew nothing of the above as they had sent all paperwork to an incorrect address , and from what I can gatherer moved it my own house @ the very last point of the claim sneaky ehh So in 2004 I purchased a property now my solicitor made a error £4500 worth he missed a legal charge on the property in favour of you’ve guessed the county council , so they wrote to me 2004 and demanded immediate payment of the £4500 with a very threatening letter , which included a reminder that I still owe them £1200 in overpaid rent wow a massive stress arose I was really put out by all this and in the end had to threaten to sue my solicitor for the error any way there Insurers Paid it but it took a lot of time ££ and effort by me +++ stress, it got paid so all was well, I wrote to the council saying I disputed the debit £1200 and gave them a explanation of why etc etc so it all went away I heard nothing so I served them with a data request in 2004, and got back a few letters they claim they sent me and a copy of the charging orders etc .only @ my address though funny that …. So tbh I forgot all about it till now so they wrote again demanding to be paid... Now what I need to know is 1 how do I get the tribunal award / removed, reviewed, rem it was in 1999 And I knew nothing off it …. 2 the County court say it’s a waste of time asking them to set aside the judgment as they haven’t decided I owe the money the council did (tribunal award) , is this true ? 3 can they make me bankrupt make me sell my house tbh ive read there screwed until I try sell the house … 4 is a tribunal award even legal should the court have granted the order given the fact there was obviously no response from defendant @ all? 5 any advice besides see a solicitor please? I dispute any liability in relation to this matter. And think my case is rock solid if I can get heard ….. Many thanks
  2. Ok into a second claim with the RBS after a bitter feud and them failing to respond to my data protection request and I had to issue procdings to force them to give me my list of charges I won , So ive now requested my charges back and they responded promptly with a brief letter saying there considering my claim , ok that’s 3 weeks ago now im about to issue a LBA so I thought I would give them a call see where there @ the 8 week scenario blah blah blah law this that the other popped up and then I said im not happy and would sue they said you cant have it both ways mr I haterbs , and we wont pay out if you take us to court , my response was no you normally only do if customers issue you then try and settle ,”” well that’s not true she said we pay back lots of people with out court action “”!!! So what’s there stance now, should I issue a 14 day notice and then a N1 or let them payout , I cant see why they would say this I believe its misleading but a general opinion would be nice ……
  3. Need a program/guide to work out interest charges on loan Ok this is not regarding a claim and not connected to reclaiming charges so mods plz don’t just move it, and I searched for the best place prior to posting and this seemed most appropriate I could be wrong Ok im seeking a program or clear guide that’s going to help me correctly calculate the actual interest charge on some loans I have!!! I have my bank statements for my loans after a partially successful S.A.R!! However I can’t for the life of me agree or even get close to there calculations The loans where @ 2% above base rate taken out in Jan 2002 for 15k paying 134.54 pcm they state I still owe £13400 ive paid toward this loan (£10391) The next is for 28k @ 2 % above in June 2002 paying 312.33 pcm They claim I owe £22723 on this I have paid (£23307) Now as there have been changes in the back base rate I’m having problems calculating the correct amount This, coupled with the fact they add the interest every 3 months and this is then added to the principle … its proving difficult to me .So if you can assist or point me to a program plz help … im suffering a metal meltdown trying to work this out manually Many thanks
  4. Advice regarding loans & there inclusion to CCA or not? In short I have several business loans with the RBS, none of which have any mention of the consumer credit act in them @ all, it’s my belief they should have… In part of my wholly incomplete data subject access response from the rbs all loans are referred to as Business term loan. There is no mention of the word mortgage and they are referred to as customer loans on all agreements and are for the purpose of purchasing property each is listed 1st is for £15000 2nd is for £28000 3rd £30300 from years 2001, 2002, 2004 respectively According to the bank all loans over 25k are exempt and also loans for house purchases are also not included, so it seems they are saying I took the loans to purchase houses! whilst this is what I did surely the loans should be covered by some kind of legislation or law … I purchased 2 property’s actually a industrial unit and a shop/flat so there business premises and not houses, in all cases they took out legal charges and according to land registry and my solicitor there listed as 1st legal charge and mortgages What kind of loan are they?
  5. Thanks kindly Glenn I have read most of your recent threads and have now issued a notice of Non-Compliance on the RBS, in 7 days when they again fail to respond im fully intend to issue court proceedings this is a process im not familiar With and seek any further advice you can offer, or any advice any other member can offer... I have additionally received a further response from my follow-up letter in brief they say... Any information that is required to be provided under the act will be forwarded as soon a possible... that was 11 days AGO some 65 days from my original request > They also mention in some detail some claptrap about MANUAL INTERVENTOION!!!! And there terms and conditions regarding me!!! breaching the terms and conditions ,,, etc etc Looks like they have cut and pasted some rubbish response to try and comply and seems they aren’t taking me seriously >>> im on a mission now !!! I have not requested specific manual interventions there response to my above letter leads me to believe there just stalling for time how should I force there hand???
  6. i have a few issues with the rbs currently and hope to claim some of the cash they took from me , i sent the folowing letters the 1st i sent on the 20/11/06 they sent a reply dated 5/1/07 in the reply pack i got printed notes from when i had contacted via mail/phone and there responce also letters from there tec support dep guiding there responces !! copys of all my letters ,copys of agreements , i did not get any details @ all of any charges on any account in fact it appears there has been a deliberate attempt to remove or preclude any details of charges of any kind , i got no print outs or statements so i sent a seccond letter via fax and post 2 date i have no reply . i have filled out my Information Commissioner's Office complaint form ready to send on the 7th day from the date of my seccond letter to rbs , any advise where i go now retrospectively and in the future would be greatfully recived . ... it seems there stonewalling my actions and i need to check there correct this action includes 5 accounts over 6 years and my accountant has indicated the sum of £12000 in charges on the accounts .. less than i owe the bank currently (they hold security over 240k worth of propertys) My appologys over length of post this seems to be taking over my life ,i cant sleep some nights lol .... F.A.O The Data controller The Royal Bank of Scotland Xxxxx Xxxxx Xxxxx Xxxxx RE: Accounts xxxxxxx,xxxxxx,xxxxx,xxxxxx and any further financial associations you hold against myself …. I herby request under The Data Protection Act 1998 All information held by the Royal bank of Scotland relating to the above accounts, this is to include a comprehensive list of all default charges and default interest charged to any of the aforementioned accounts held by myself at the Royal bank of Scotland whilst I will accept statements relating to the accounts this request is not limited to printed statements and I make it clear I am not requesting bank statements as I am aware they are not covered under The Data Protection Act 1998, I will however require all items covered by the act not limited to charges and statements. You should be aware Royal bank of Scotland is obliged to fulfil my request and failure will result my seeking remedy from the information commissioner. To clarify my request is for the flowing information pertaining to above accounts All default charges, all default interest charged paid or unpaid. Loan agreements, Land registry entries obtained by the royal bank of Scotland Internal /eternal communications referring to myself undertaken by the royal bank of Scotland, to include electronic communications and paper communications, Any further personal /financial information held over the last 6 years. If you feel my requests are excessive and you are legally obliged to withhold any information contained above I request you formally inform me what information you intend to withhold and forward the remaining information within the allotted timescale. I have included a cheque for £10 the maximum statuary charge ,should you wish to charge me for requested information. Should any of the above information require clarification please contact myself directly. I hope to hear from you in due course. Yours sincerely, SECOND LETTER With reference your letter dated 5/1/07 & Response to my request for information Made under DATA PROTECTION ACT 1998 It appears your reply is Incomplete in many aspects firstly I requested this information going back six years from the date of my request in addition to all recent information, I also requested you supply a comprehensive list of all default charges and default interest charged to any of my accounts . So as indicated in your letter I’m writing to” let you know”, and will now clarify what information I am actually requesting. I will require a full and detailed list to include any charges made by yourselves for the following reasons .. Account misuse fee Cheque return fee Unarranged borrowing fee Unauthorised overdraft fee Unpaid DD fee Unpaid cheque fee Unpaid standing order fee Any Late payment fee Exceeding Authorised Overdraft Limit Exceeding Unauthorised Overdraft Limit Direct Debit/Standing Order/Cheque returned fee Irregular fee Paid referral fee Made in the last six (6) years Please not this request is directed to and should include all departments of The ROYAL BANK OF SCOTLAND plc … If you are unable to provide this data, I will accept a copy of my statements for all accounts going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but details of the charges, which I’m entitled to by law. By not supplying the information I requested, you have breached my rights under the D.P.A. You leave me with no alternative that if I do not receive the information I have requested within the next seven days, I will forward copies of my requests to the Information Commissioner. *Under section 47 of the Data Protection Act it is a criminal offence to fail to comply with an information notice.*
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