There are very basic ones in the template section but I may have one I used here....give us a mo. Do you have a thread so we can follow and hopefully help?

Hmm, was it a secured loan?

Thats going to be a massacre That reporter should be going too....do you think he's aware that the regulators are aware? Can he not get a statement from them n this? Reporters just seem to tell a bit of a story and leave it...get in there and investiagte mate, its bigger than you think! You should go and ask the board publicly if the FSA and fraud squad have started an investigation, and see what reaction you get!

Friend of a friend works in branch for Bank of Scotland and she is aware of my views and my membership to CAG. In the beginning we had discussions where the level of 'mis-training' she received really showed, she would argue the usual stuff the banks have spouted. She has seen the light and let me know about a memo that sent to the branch from head office last week. Memo states that regarding the OFT case - NO charges would be refunded until AT LEAST 2012 under their plans for dealing with this case, and they would now be bringing in a policy that they will only refund ONE charge every 3 years. This the message passed onto me but am trying to get hold of a copy of this to (hopefully with mods permission) post up. At the very least see the details for myself and be sure I am posting accurately.

Hmmm, with that in mind you should also lodge a formal complaint to the original creditor about the unreputable company they have chosen to pass your a/c to...as the creditor is responsible for the behaviour of their chosen agent. They cannot claim to be reputable as the OFT has already taken public action against them. The more grief creditors get about the dodgy companies they pass debts onto the better -

Ahh, this seems to be a new tactic by many of the banks etc. They basically ask you everything except the colour of your grannies underwear? My friend got one for her Clydesdale claim and Alanalana (PPI warrior!) got one too. The letter I sent back says it would NOT be filled in as they were asking for info they should already have. It is clear they are looking for information they should already hold and only repeated why I was claiming it was missold. The letter is on post 12 of my thread - feel free to use bits n bobs if it helps! http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/209818-clydesdale-missold-ppi-something.html They are at it

Hi Andie, getting there. Was wondering where you went to, hope you're ok RBS taking up a lot of my time at the mo...start getting back on your feet and they want a fight It's gonna be one of those years! Not long to go until round 3, how you feeling?

I think that's the problem with this agreement - it's as clear as mud! Prescribed Terms are completely missing - there is no clue as to what your PPI is or isn't - how much your policy is, if interest is being charged etc...this should all be clearly stated. You should SAR them for everything - loan details, PPI details inc. cost, type, commission, copies of the security, everything as I think you have several areas of attack here. Get all that in and then you can work out how to proceed. For the PPI specifically you want to know: Is it monthly or single premium Is interest being charged What term is the PPI (is it only 5 years on a 10 year loan?) Who is the underwriter What commission was paid How much Insurance Premium Tax was paid (will explain that one later ) Copy of the policy and copy of your application asking for it. I will have to get time to get a close look but I think, as you do, that this agreement is crap! I don't think even a court could enforce it....but let that be double checked!

Bang on, but I hve never asked to write it off or make it go away. I have solid proof that I have NEVER refused to pay this loan, in the beginning |I only asked for a bit of short term assistance and would be clearing the whole balance within months - but she put it like 'it won't wipe the loan so why ar eyou bothering'. No recognition of the bank taking action after defaulting on a CCA request. The bank is taking very specific action on all my a/c's as they claim this was in the T&C's I agreed when signing. (No I did not!) and they cannot prove this now challenged. It just came across like she assumed the only reason I would be doing the CCA thing is to avoid the debt.....am not, that's not my motive for this! The debt exists. What they cannot claim or prove is the terms, T&C's etc. It is breaching these which is the basis of a DN, termination and action on my other a/c's. And by taking my benefits towards the loan is collecting. Now why can't I be that concise on the phone!

Hi Elsa, I think I will send that letter to cover my tax credits due next Thurs as I think they will take the longest to change my payment arrangements. Thanks! Something which really concerned me was what the advisor from the FOS said while taking my details. Although her advice was great she did make a comment about my CCA request, she said there was a lot of this about - requesting the agreement but it does not stop you owing the money so it's abit of a red herring. Those were her exact words. Now, to me that implies that the FOS do not see your right to the agreement etc isn't really a big deal and is more of a side issue (much the attitude of the banks). Very misleading and dangerous IMO.

Hi, thread is: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/207374-rbs-defaulting-me-no.html ordinary letter stating this sent to 2 depts and recorded one sent today to the dept I THINK is now delaing with me...jsu to be sure!

yup, parachute a/c ready. DWP etc been notified but they said it can take weeks for the change to take effect, so in the meantime I will dog them every step of the way The more evidence I can collect that they ride roughshod over the CCA, our rights and every other code, the better.

no idea! guess would be so that I think my money is safe for weeks instead of days and when my money is then swallowed up....they get paid. Can see no other motive. The also keep saying the a/c's are not closed lol, they are still open in CMS. They agree that I have absolutely no banking facilities at all now but as they are still open internally, I cannot claim they are closed! WTF?!

They just phoned back....useless. They accept they made a mistake by transferring the bank a/c's to recoveries too early...the system is still working on the dates from the original wrong DN that was sent with someone elses Natwest details on it...BUT: They will not rectify that mistake unless I pay money.Fantastic. That is seriously what they said! I just reminded them that they terminated the loan a/c unlawfully and I have accepted that termination. Am completely willing to proceed to court with this now.

Update - letter dates 23rd July received this morning from Triton (RBS in house DCA)with all the legal threatening gumf. Firstly they are threatening me with all sorts of legal action...which they know they cannot take (no CCA) so complaint 1. I phone them to find out when this was passed to them - 22nd. Day after the advisor assured me I had weeks to re-arrange my benefits (complaint 2) Triton...OMG, shower of bullies. Get this, she told me no CCA makes no difference, we can supply statements and thats enough. There is No law that says they cannot continue default, close my a/c's and take my benefits. i told her that would be the COnsumer Credit Act and she said no - our T&C's say different! Class! Told me that the ONLY way I could get some money from my benefits on Thurs was to make a payment and they would approve a ONE TIME encashment at the branch, but thats it. (Complaint 3) I then told her I was recording the call and there was a sudden attitude adjustment and agreed to soeak to a manager and see what could be done. They would now approve the encashment anyway, just this once ---oooh I am so grateful. (complaint 4) Phoned the FOS to complain they are holding my benefits to ransom and they said it was clear they had not even given me enough notice of closing the a/c's. I should phone them and tell them this. After a LOT of carry on and some right dimwits CMS are now going to 'look into this' and phone me back. I clearly stated that the loan a/c had been unlawfully terminated and I accepted that termination, which I have confirmed in writing. ALL recorded, so we'll see!

Hi Mak71, am at this point also! I have decided to send the letter accepting the termination, see how it pans out and just log what happens. May hopefully help the next cagger and we will eventually get somewhere - an action plan! This is the letter suggested to me, in my case they have no CCA but remove that and it still does the job, telling them it was unlawful but doesn't spell out why - best of luck to you: Re account XXXXXXXXXX Unlawful termination I refer to your unlawful termination of the above agreement occasioned by your demand for me to pay the full outstanding balance of the account thereby unlawfully terminating the agreement. You were not allowed under the CCA to demand any of the benefits of s87 without first having issued an effective default notice giving me an opportunity to remedy the alleged breach and pay any arrears claimed Furthermore and notwithstanding the foregoing you were in any event prevented from enforcing the agreement by virtue of being in default of your obligations under s78 of the act Even if an agreement existed, which you have stated that you have been unable to locate due to mis- filing, there was no lawful basis upon which the agreement could be terminated therefore I consider your termination of the agreement as being a repudiatory breach of contract and I formally accept the repudiation and, for the avoidance of doubt, confirm that as I have elected to accept the rescission of the contract I am therefore discharged from any ongoing liability under the former agreement. Your breach of contract gives rise to a claim for damages and Ilook forward to receiving your proposals Yours faithfyully

Found it.....Section 78 (4) of the CCA is: (4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents— (a) showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and (b) where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account. (5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates. (6) If the creditor under an agreement fails to comply with subsection (1)— (a) he is not entitled, while the default continues, to enforce the agreement; They actually blocked my access so not only could I not tell what my payments should have been but they breached section 4b by the action of blocking. They were not even entitled to enforce the agreement so DN applied wrongly.........no? (biting lip nervously!)

Hi gezwee, I think I will have to SAR them anyway. I haven't paid them anything since March (finances went haywire!) - I was still getting the e-mail notification that my 'e-statement' was now available every month but everytime I tried to log in I was refused - an error message appears in red saying that I am blocked due to the status of the a/c and to phone them. They are a blooming nightmare on the phone and I can hold my own....brick wall. Pay us something, right now I can't, make a payment, I really can't but....cuts me off and says if you can't pay today we can't go any further. That sums up the calls really! I did write and ask for the 60 days 'breather' they agreed to give to folk in trouble but no reply.

Evening all! Back, happy, sunburnt AND wet!! But with beer HAd to check in obviously lol, and just say that today access to my digital banking was blocked. I take it then that my a/c's are closed! Well I have them recorded telling me that I would have full access to my a/c's for at least another 3 weeks, action on hold, promised by a manager so I wouldn't have to worry about access to my money - and have caught them lying to me again. Phone call to the FOS in the morning for a start.

Now, to business. While trying to check if the arrears are correct I noticed I simply cannot at the moment. When my a/c fell into arrears they blocked access to my online a/c......so I've not actually had a statement for months - no idea what my balance was, what minimum payement was due or when - nothing! So there's a question.....of you opt out of paper statements (be green or whatever) and only get online statements, when they block you online access as your a/c is in arrears etc are they not breaking a major rule? (note to self to read up on the requirements for running account credit!) Cap one simply list a number to phone and they refuse you access unless you pay money there and then! If you are unable? Tough - no statements. Opinions/comments on THAT anyone please?

umm, I seem to have caused a slight disagreement C'mon guys, alls fair in love and 'educating' the banks! Every opinion helps debate the issues, but what is now clear is that this particular question is a big issue and needs clarification and testing. Again, this ain't the largest CC bill ever (maxed though it is ) as I managed to sort my big scary debts a few years ago and its only life and rotten luck that's kicked me back down a bit. So am not nearly as scared, snowed under or powerless as I once was (thanks to the CAG) - and if I test this and fail it will be an absolute b@gger but not a disaster.

be interested too see what the interest rate and/or change on any router a/c opened for my persona loan is....as my loan was interest free lol. I kicked the rbs backside on misselling my loan and the upshot was this loan (the agreed remaining balance) at 0%. So be interested to see if an actual interest rate has been applied to the router...let them explain that.

Good luck...if they pop up again, let us know!

Well section 9 (4) of the CCA states that a fee shall not be treated as credit even though time may be allowed for its payment. It ain't credit (or shouldn't be) so it should be added to the total charge for credit and no interest calculated on it...no? Back to the Wilson case again. Am I way off?

you beat me to it...I was talking too much!