RBS Student OD been paying Robbersway £70PCM now Apex threatening court!

[rory32]

2 threads merged. Please stick to one thread per topic, thanks.

[Hopeful1]

Mini, i would make a complaint to FOS for continuing harrassment regarding an account that is dispute.

[Hopeful1]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/101120-dcas-selling-debts-other.html#post1032639

[itsamomentintime]

 

Ok, fine. But they have IGNORED my request for them to remove the default. What now?

 

 

court action, including a claim for £1000 compensation. there is case law to support a default removal claim.

[minichedda]

ok thanks for advice - have been away (again). I sent Robinson Way & Co a letter dated the 25th April re-iterating that BCW also asked for payment and made them aware they were not able to ask for payment - and said the same to Robinson.

 

I have had a letter today (dated 2nd may) telling me that the notice is one of intended court action, valid even if not read by me (making it look like I am ignoring them!). am starting to get really worried - it's getting sticky. They are asking for full payment by the 9th (it is already the 6th) and made it clear that documents are being prepared for the issue of proceedings. on the top is has, in big letters, NOTICE OF LEGAL PROCEEDINGS. Help!!!!

 

How do I make a formal complaint to the FOS? (I thought it was OFT??? So confused!)

 

Also - itsamometintime, how do I go about court action about the default?

 

I'm getting really fed up of repeating myself and sending numerous letters telling them they cannot harass me for money and things just seem to go from bad to worse with different people asking for the same money!

 

thanks in advance

 

mini xx

[ODC]

Standard nonsense from Robinson Way.

 

What a load of crap. Valid even if not read by you. Who thinks this nonsense up.

 

If you really want to wind them up send them this

 

 

Dear Sir/Madam,

 

I have received your notice of intention to issue proceedings against me.. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. 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. This letter supersedes any previous requests. The information must be furnished by the **DATE**, which gives you TEN days to provide what has been requested. 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. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. 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 Barclaycard.

d. 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.

e. 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).

f. 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.

g. 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.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

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

j. 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.

 

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

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next TEN days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

[minichedda]

thanks ODC - nice to have some reasurrance that their letter can be replied to in such a way that is positive for me. One question though - the debt is for the Royal Bank of Scotland but it is not a credit card/loan, it's for a student overdraft that they were charging me up to £100 for going over my limit. Do the same points apply as the ones you listed above?

 

Mini x

[minichedda]

Hi All,

 

Haven't been on for ages, BCW went quiet for a couple of months after I asked for their complaints procedure

 

However, I have received a letter from Horwich farrelly solicitors saying RBS have told them to initiate court proceedings, this is after months of fighting with DCA's to tell them my account isin dispute (it's an unfair charges debt where RBS ripped me off).

 

Just wondering if I can spout all the OFT rules etc to solicitors,how do I deal with these people?

 

ta very much.

 

Mini xx

[Guest Old_andrew2018]

bump

[rippedoffagain]

Solicitors are no different from anyone else. I take it this is to do with an account that has had charges applied, if so you should write and tell them the amount is disputed.

[creditcardmug]

Credit card,loan, bank account, something else, we need a little bit more to go on?

[citizenB]

minichedda, is there an update on this please:)