Yes the total alleged balance.

Cheers...Will do.

Its a Credit Card account.

Subbing with interest.

OK...sent letter yesterday. Does anybody know if RBS have terminated my account by passing it to a DCA? As I have not recieved a Default Notice....or am I miss-understanding how things work?

Egg have now passed the account to Direct Legal & Collections for full and immediate collection. At least thats what DLC's letter is demanding. Think I'll send the following.... Dear Sir or Madam, I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date*** Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998 As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE. As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities. If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter. Yours faithfully

Yeah I think I'll send them the following letter..... Dear Sir or Madam, I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date*** Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998 As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE. As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities. If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter. Yours faithfully

The story so far......I sent a CCA request in February 09 which was signed for and acknowledged, However I am yet to recieve a CCA. I then placed the account in dispute in March, this letter was also acknowledged but still no CCA. Since then all I have recieved is monthly bills, which I have not paid. I have not recieved a Default Notice or any payment demands. Until this week when I recieved the following 2 letters. I am aware that RBS should not pass this account to a DCA when the account is in dispute. The DCA is now demanding the full settlement of the account. Does this mean RBS have terminated the account without issuing a DN? Any help with this would be really appreciated as this is one of my largest debts. I was thinking, maybe send the "I am bemused that this account has been passed to you" letter to Regal Credit, which states that RBS cannot do this as the account is in dispute. Thanks.

Thanks

SAR Sent today FYI

Recieved this after the 48hrs notice had expired!

Just recieved a demand for the immediate payment for thull balance of my flexiloan, bank account overdraft and all arrears including lots of penalty charges. The letter also states "As a defaulting debtor, details of your defualt including your name and address will be given to the Credit Reference Agencies named below if we have not recieved a satisfactory response from you within 18 days." I thought they'd already done this as stated in the previous default notice.

Thanks Elsa. I look at my bills to see if there are any unfair charges, which I suspect there will be. Also I'll send a Subject Access Request.

The references on both sheets of CCA in Appendix A are the same.

Can anyone confirm if Egg have messed their Default Notice up?

Can anyone offer any advice on the points I raised in posts 8 & 9. Thanks

Hello borolad63, I'm from Boro too. You can attach a word.doc if you use the 'Go Advanced' tab below and use the insert button to upload your document. Hope this helps.

Here we are! Surely they have failed to set out the Default Notice with CCA Regs??? - No CCA! - 2 Default Notices Served without any explanation. - Both Default notices served whilst account is in Dispute. - Account Terminated on the same day of the 2nd Default Notices dealine date (21st May)! Does this now mean they can only claim for arrears if they provided me with a enforceable CCA?

I have a feeling this CCA is has been constructed to look like I've signed something that is enforceable. Their signature is blatantly a copy and paste. The fact that the CCA is scanned in to a document as an appendix is also concerns me. They could just make any T&Cs up then add the appendix to it!

Thats if the Post Office have sold the debt to Red Castle, rather than using them as an agent to collect the debt on their behalf. I hope they have sold it, that'll put me in a stronger position. Any idea's on how I should deal with this? I need to be certain the CCA is enforceable before I think of offering them reduced repayments or a Full & Final Settlement offer. any advice would be appreciated.

Why would they do this if the CCA is enforceable? or is their something wrong with it? I have no intention of calling them or providing them with my telephone number.

Just recieved this letter associated with my Post Office Account; Any thoughts on this considering it was fairly recently when the provided the above CCA #1. Also was is meant when Red Castle say "they will "apply an immediate discount to the debt" Is this a reduced balance of £10 if I paid them £10, or are they saying they will offer me a discount on the full balance? or is all a ploy to get me to comply with them?

Fair enough...I'll look into it this evening. I've seen several different SAR letters and will need to choose the most appropriate letter to send them. thanks.

I have not gone down this route yet, I was planning to leave it as long as possible. I have just gave them 21 days to comply with my CCA request. After that I will make a SAR. Cheers.

Mint have now forwarded me standing order details to start paying reduced repayments. I thinks its probably best if I start paying them, not that I really want to. Also I will hav to try to get them to stop applying interest or it will defeat the object of me paying anything at all!