becky v rbs

[paulwlton]

Just to add, the bank actually posted me 6 years staements a while ago when I called - there are about 6k worth of charges on there and I am sure that I am still paying interest because the acc that the 72 goes in to is not my loan acc it is the first bank acc that I had with them.

 

 

To defend the charging order you'll need a full breakdown of what's happend to your accounts post judgment, as a matter of urgency you should make a request for further information. Forward a copy to court.

 

Paul

 

Dear Sirs

 

REQUEST FOR INFORMATION CPR18

 

I am in receipt of your intended application to seek a charging order dated ******. In order to file a defence I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Yorkshire bank plc.

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, I will seek an adjournment as you are effectively denying me the opportunity defend your application.

Yours Faithfully,

 

 

Edited February 14, 2009 by paulwlton

[paulwlton]

Just to add, the bank actually posted me 6 years staements a while ago when I called - there are about 6k worth of charges on there and I am sure that I am still paying interest because the acc that the 72 goes in to is not my loan acc it is the first bank acc that I had with them.

 

You say they are applying your £72,00 to another account...can you eleborate.

 

It may be the case that RBS have been appropriating your payments in a way most beneficial to the bank.

[paulwlton]

me again............

 

I have sent the letter off thnax v much - it gives the bank 14 days to respond to me but I have to go to court on the 2nd - which is still within the time I have given them!....if i seek an adjournment do i have to do it in person? are there people that can stand in the place of idiots like me?

 

To be honest with you , the thought of actually going to court is making me feel sick with worry now! and I know if th other half finds out im def for it!...........................I just wish I could disappear at the mo

 

I'm sick with panic the thought they're going to take the house from me now - can this happen?

 

You'll need to show the judge that you haven't missed a payment on the installment order. There's case law that states if the judgment debtor hasn't defaulted on the installment order then the court shouldn't enforce the debt with a charging order...you will also need to show the judge that you dispute the debt due to unlawfull chgarges and request they provide a copy of the loan agreement. Don't worry we'll help put a sleletin argument together.

[paulwlton]

I woud also make a CCA request asap...the bank will refuse to comply, so at the hearing make the judge aware of this and state you need to see a copy of the original agreement's terma and conditions in relation to the banks legal right to levy charges and interest post judgment.

[paulwlton]

Send the following

 

Subject Access Request (Data Protection Act 1998

 

Dear Sirs,

 

Account Number:

 

As per the section 7 of the Data Protection Act 1998, "Subject Access Request", I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a true copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, internal and external emails; any other information held on any/all types of media in any relevant filing system (microfiche included). I should receive your full compliance within a maximum of 40 days of this letter being recorded as delivered by Royal Mail.

 

I enclose the statutory fee of £10 by way of a cheque and remind you that you have a total of 40 days in which to comply from the delivered date of this request.

Furthermore, I specifically request you to forward all documentation in relation to the processing of the banks internal Router accounting system that relates to me.

 

May I confirm, as the ICO has already, that the 40 day time limit is not to be used as a guide for responding to the request but is the maximum period allowed in law and that whenever possible a data controller should proceed with all possible expediency in fulfilling such a Subject Access Request.

 

I await your timely responses

 

yours faithfully

[paulwlton]

If they don't comply with your SAR or request for further information they would be foolish to turn up to court.

 

I would advise the court and the other side that failure to comply with your requests will result in a stay or adjournment.