Urgent Plea For Help

[rory32]

You need to send RBS a letter before action informing them that they have failed to supply your SAR info. Templates here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

If they still do not comply you can then issue an N1 for non compliance, which will force them to comply through a court order. You can also claim for your time etc. as compensation when filing an N1 for non compliance of the SAR.

[rory32]

can I still do this even though the bank are saying they have stopped sending paper statements as the account is defaulted?

The fact that they have defaulted the account has nothing to do with whether or not they hold records of the account. They do still hold records of the account for the entire period and are just spinning you a line in stating otherwise.

Also I have sent preliminary letters asking for amount up to Dec 05, and LBA. They responded with an offer for charges only (no interest) which in no way covers the overdraft amount, so we rejected it. Have we gone to far for this approach?

No you haven't gone too far. Once you get the rest of the S.A.R - (Subject Access Request) info you can just amend your request and then send another letter before action as RBS won't pay interest before you file at court.

[rory32]

Do you think I can write and say that the RGold account is in dispute because of the request for charges?

 

Yes you can certainly do this. Here's a template

Dear Sirs

 

Re: Account in dispute

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

 

I note from your latest correspondence that you are proposing taking legal action against me on this account - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do file a claim against me I shall enter a counterclaim based on the unlawfulness of the charges. I shall also be seeking compensation for the default placed on my credit file under the Data Protection Act 1998 as a result of these charges

Can I prevent them taking legal action they are threatening on the loan and the RGold account?

They can't take legal action on the RGold account (although they will huff and they will puff) as the account is in dispute and a judge would be less than happy with them. On the loan account even if they did take you to court the court would only award an instalment order based on what you can afford, so they wouldn't get any more than they are currently getting.

I am worried because the loan account (for which we haven't requested statements as there were no charges applied) is being paid at £5 per month but they are saying this is required to be paid back immediately too.

A judge would not award them a forthwith judgement (this is an order to pay immediately) as long as you are making payments towards the account within your ability to pay. Forthwith judgements are awarded when you are avoiding the debt, which is not the case. RBS can state all they like that the loan needs to be paid immediately, but no judge would allow them to do this and there is no legal basis for their statement.

[rory32]

Letter's fine sweet.

[rory32]

A helpful forumbot edited it before i got there

I was that forumbot

[rory32]

If the debt was consolidated into a loan then both parties who take out the loan have joint liability, if the loan is in both names. However in order to have joint liability both parties would also have to sign the credit agreement for it to be enforceable against them. If it is a loan and your hubby didn't sign anything then he has no liability.

[rory32]

Do you think we should ask to see a copy of the agreement? Do they have to produce one?

 

Yes I would most certainly ask for a copy of the agreement. Under the Consumer Credit Act they have to supply a copy on request. If they don't after 12 working days from receipt of the request they are in default of supplying the agreement and can not legally enforce the agreement (this means that they can not lawfully apply interest or charges to the account, nor can they ask for payment and legally any payments can be withheld by your hubby). After a further calender month if they have not supplied a copy of the agreement they commit a summary criminal offence.

 

Even if they do supply a copy of the agreement then it would need to conform with the Act to be enforceable (although most loan agreements do conform).

 

Send the template here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html templet N. Send it via recorded delivery with a one pound postal order. Do not sign the letter.

[rory32]

Not that this may necesarily happen - but there have been allegations in the past - it is very easy to scan a signature onto a document. There is no legal requirement to sign a letter. He can either not sign it and type his name or simply print his name.

[rory32]

RBS shouldn't pass the account to a DCA - they often still do though. Personally I would file the letter under ignore, although you may wish to write to them and inform the account is currently in dispute for your peace of mind. If you need a template for this just ask.

 

It is however just a standard template letter designed to frighten you into phoning and making payment arrangements (usually they will try to get you to agree to more than you can afford). If you read the letter you will notice the use of the word MAY. This means they have committed to absolutely nothing.

 

On no account phone them.

[rory32]

Yes you need to send a new letter as your claim has changed. Remember that you can't claim back the Royalties Gold monthly fee as this was for a service, although you can claim back the account maintenance charges, etc.

[rory32]

Have you read this http://www.consumeractiongroup.co.uk/forum/show-post/post-1073793.html