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

[davefirewalker]

Firstly .......it is extremely rare for anyone to "come round"....you can stop them anyway...very easily

 

get your statements and work out your charges and have a go at them

 

my lad (also a student) got £1800 worth of charges in a 4 month period (no wonder he was acting strange and a bit depressed)

 

they are claiming £3100 but lets do the maths....they owe him 1800 + 500 interest = 2300 he owes them 1300....??? they owe him £1000

 

Dont panic.....

 

do an SAR and get all your statements....

 

go get them

 

Dave

[davefirewalker]

Firstly have a good lok at the FAQ's......

 

then send them a letter, asking for all data that they hold on you, this is called a data subject access request. this is your right under S.7 of the Data Protectionn Act 1998.

 

they have upto 40 days to action this......

 

there should be a letter in the templates section

 

once you have all the data you can work out the charges and by how much you might be able to reduce your debt by........

 

but please read the faq's first.....it will help you not make any mistakes

 

once you have had a good read and have an idea what to do, post a few questions here and someone will pop by to help

 

 

rgds

 

Dave

[davefirewalker]

Sounds reasonable.....

 

but be aware that they can still legally chase you for the debt until the 12+2 days are up............after that its your choice.

 

By asking for the CCA you are in effect putting the debt into dispute, and there are rules and guidelines that they should follow.

 

EVEN if the do produce an agreement, itmay be no good so post it here and ask for comments

 

one further point.......

 

if the agreement is unenforceable and you can walk away from it, the debt doesnt dissappear.....they just cant ask you to pay it !! you can if you wish continue to pay at a very reduced ammount...it's a personal call. Me I would get them for evry penny I could, after the hell they put me through......

 

 

Dave

rgds

 

Dave

[davefirewalker]

If they continue to phone write a letter saying that all further comuncations MUST be in writing, and any further attempts at ringing you at home work or your mobile will be seen as harrasment and in contravention of the 1997 harrament act.

 

Have a look at my thread http://www.consumeractiongroup.co.uk/forum/general-debt/84285-ccas-dave-against-world.html

 

 

there may be some good portions of letters that you can use........be prepared for a long but interesting read

 

Dave

[davefirewalker]

A complaint to the OFT via trading standards is a good start.

 

As hopeful1 said......lets take things easy at first

 

the plan is to get ALL the information and ammuniton first, then we can adress the other stuff........Ive still got defaults and I know it will be a thankless task trying to get them removed until I get the main issues sorted.

 

these creditors and cra's are a law unto themselves....however they havent reckoned with the power of the CAG....

 

My day will come and not too far into the future either....if things go to plan

 

rgds

 

Dave

[davefirewalker]

Firstly they are a bunch of muppets

 

that said lets get down to it.

 

what sort of letter did you send them asking for your agreement ???

did you write it yourself or use a template from here?

 

1.....they are chasing the debt so you quite rightly sent the request to them. It is their responsibility to forward the request onto whoever....(s189)

 

2.....If they do not answer with your agreement within 14 working days, they can go whistle until they do. that includes adding interest and demanding payment !!!

 

dont worry about attachment of earnings.....that will only happen IF you go to court and IF you lose......

 

theres a whole range of things that have to happen first

 

could you post up the letter you sent them please so I can have a look.

 

rgds

 

Dave

[davefirewalker]

WOAAAAHHH

 

lets backpedal here a little bit.......

 

I made a stupid mistake earlier on.......been stuck with my case for too long

 

yours is to do totally with bank charges. The CCA doesnt apply

 

Have you done an SAR yet..... if not do it NOW

 

yes send curlys letter, if you havent already asked for the SAR you can do it now, by editing the letter

 

------------------------------------

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

 

 

I am disputing the total value of these debts with **BANK** due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action shall be taken until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

I require you to supply me with ALL data relating to me and my account including but not limited to statements, notes to the account, phone transcripts, notes regarding manual intervention or where there has been no manual intervention a declaration of such. This is my right under section 7 of the Data Protection act 1998.

 

In making this request I understand that you can charge a fee for this service, I therefore enclose the MAXIMUM statutory fee of £10.

 

you have fourty days to comply

 

As you mow realise that this debt is most definetly in dispute I'm sure that you will now cease any collection efforts until we have come to a resolution or all reasonable avenues have been exhausted.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

--------------------------

 

 

sorry about the confusion......must read more before I post

 

rgds

 

dave

[davefirewalker]

eeeeek I have done S.A.R - (Subject Access Request) to RBS - what do i write to DCA now???

 

Thats OK...send curlys letter......without the sar bit in

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

 

 

I am disputing the total value of these debts with **BANK** due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action shall be taken until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

I am still waiting for RBS to comply with my SAR, and until that time, I would hope that you would follow the OFT guidelines

 

As you mow realise that this debt is most definetly in dispute I'm sure that you will now cease any collection efforts until we have come to a resolution or all reasonable avenues have been exhausted.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

---------------------

Something like that

 

rgds

 

Dave

[davefirewalker]

Hi Minichedda

 

firstly you can claim all the major charges

 

these are usually in the region of £20 - £40

 

if you have a " special" account, with special priveledges on it and they normally charge a standard fee per month, you CANNOT claim that back

 

you can claim .......

 

over limit

dd refusal

returned cheque

referal charge

card misuse

 

I might have missed a few but you get the picture

 

As for the letter, they are saying that they think their charges are fair, but if you do put in a claim they will have it stayed until the end of the OFT case. have a read of the FAQ's to see if your claim is likely to be stayed.

 

rgds

 

Dave

[davefirewalker]

Yeah an SAR request has nothing to do with the test case, if you asked for it all and they only sent you charges stuff they have not complied. write to them and tell them youre still waiting...and the clock is ticking for a complaint to the ico

 

rgds

 

Dave