RBS, defaults, DCA's and SAR - answers please?

[tifo]

no,its just i use Cut and Paste

 

I was going to say that! He has them ready and waiting to be cut and pasted.

[ODC]

holy poop you guys are good!!

 

OK - this is what I've got so far:

 

I send them the example letter contained in your response

 

I'll give them the remainder of their 12 days to furnish the CCA before making the next move

 

Do I continue making payments to the account? Is there anything at all I can claim back from these simian mouth breathers 'cos I'm now fizzing that they've trousered over 2grand of my hard earned that they might not be entitled to? Not to mention the stress, the sleepless nights etc they've caused me by pushing up the repayments to a level that I couldn't afford without taking a second job (now working 2jobs, 7 days 60 hours a week) not to mention sometimes increasing the repayments without prior warning/discussion

Once the 12 days are up CANCEL ALL PAYMENTS to them. If they have your debit card details you may want to lose it and request a new one from your bank. If the oxygen theives continue to send their begging letters you must report them to TS and now thanks to the new Unfair Trading Regulations the OFT as well using Bankfodders excellent template letter http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/147830-complaint-oft-respect-invalid.html

[spaspeckerthedull]

Once the 12 days are up CANCEL ALL PAYMENTS to them. If they have your debit card details you may want to lose it and request a new one from your bank. If the oxygen theives continue to send their begging letters you must report them to TS and now thanks to the new Unfair Trading Regulations the OFT as well using Bankfodders excellent template letter http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/147830-complaint-oft-respect-invalid.html

 

 

they don't have any of my banking details - I pay them over the internet using my internet banking. I'll send off the example letter from earlier down the thread, reminding them they have "x" number of days remaining. It just makes me angry that I didn't discover any of this sooner as there is less than £100quid outstanding on the account

 

As regards the expiration of the 12 days and their inability to furnish information requested - if I do refuse to carry on paying them after this date surely this will put me in default? will they enter an adverse statement supporting this on my credit record (not that it's in any great shape anyway re these people)

 

as of even date I've met every demand for increased payments and have never missed a single payment either? More importantly, is there ANYTHING I can claim? what if I was to SAR them?

[spaspeckerthedull]

sent off a S.A.R - (Subject Access Request) to RBS on the 18th. The original debt/amount owed is being dealt with by their CMS in telford, and has been since the account went default in may 2001. Do I still have to pay them my current monthly payments while waiting for a response?

[foolishgirl]

Is this a credit card or bank account with RBS?

[Sparkie1723]

sent off a S.A.R - (Subject Access Request) to RBS on the 18th. The original debt/amount owed is being dealt with by their CMS in telford, and has been since the account went default in may 2001. Do I still have to pay them my current monthly payments while waiting for a response?

 

I would carry on as usual and wait for your S.A.R - (Subject Access Request) info make sure that they include your "Router Account" Details either myself or Paul Walton will tell you more about later, if they do not include this in your SAR, request that they do immediately.

 

sparkie

[spaspeckerthedull]

hi guys - thanks for the responses

 

it is a personal loan and outstanding overdraft combined, there is no credit card involved.

 

 

The account went default in may 2001 because they (the RBS) didn't/wouldn't/couldn't send me a PPI claim form when I was made redundant in Oct2000,

claim form finally arrived in june 2001.

 

 

The debt, AFAIK, has NOT been passed to a DCA but is being dealt with by CMS telford

though I do recall some years ago a letter coming from what appeared to be a DCA

- I have this somewhere and will dig it out.

 

 

The RBS wrote to me some years ago to tell me that I could no longer use the current account that went default,

and could ONLY use it for paying in.

 

 

This recently changed, they wrote telling me that they want me to make payments into a completely different account no/sort code from now on.

 

 

Does this mean that my current account has been closed?

[Sparkie1723]

What this means is that your personal account has been closed and it has now been replaced with "the router account" I mentioned, this is where you will find some "fiddling" going on with your account .....I'll be surprised if you don't.

 

 

sparkie

[spaspeckerthedull]

What this means is that your personal account has been closed and it has now been replaced with "the router account" I mentioned, this is where you will find some "fiddling" going on with your account .....I'll be surprised if you don't.

 

 

sparkie

 

 

sounds ominous - what sort of "fiddling" can I expect? I've already been absolutely caned, and I mean CANED for charges (when the account went default, over 6 years ago so I don't think I can claim them back)

[spaspeckerthedull]

come to think of it, they're applying interest to this as well. I thought interest was applied on the original loan application?

[foolishgirl]

I know you can try claiming for charges more than 6 years old - I've succeeded on some of mine but sorry Spas, I don't have any experience of router accounts - wait for Sparkie's input. In the meantime I would dig all the paperwork out as it sounds as though you've got some research to do! Good luck.

[Sparkie1723]

If you are still paying on the account even if it is closed you will be able and can claim all your charges back, what you have got to wait for is to see how far back they supply your bank statements to.

 

sparkie

[spaspeckerthedull]

OK guys, their CCA 12 days is up today and no reply - what now?

[ODC]

Do precisely nothing unless they send you more begging letters

[ScarletPimpernel]

Sit back and relax... the ball is very firmly in Robinson Way's court. They are now in default; after a further 30 calendar days they can't demand payment or enforce the debt, so just wait.

[spaspeckerthedull]

thanks guys - does that mean I'm 60sheets a month better off until they "find" my credit agreement? or do I still have to keep up the payments?

[ODC]

You can legally stop paying them after they go into default (12 working days)

[spaspeckerthedull]

smashing! - anyone fancy a beer? I can afford one now!!

[ODC]

Have one for me. You can be sure that you will get a begging letter from RWC as soon as they realise you have not paid your blood money this month. However without a properly executed valid CCA they can do sweet FA

[spaspeckerthedull]

just a quick update -

 

it's now 22 (calendar) days since RBS received my S.A.R - (Subject Access Request) and they haven't cashed my cheque yet (SAR sent by registered post and received but royal mail website says no electronic proof of receipt available)

 

what happens if they go over the 40 days without replying?

[Sparkie1723]

just a quick update -

 

it's now 22 (calendar) days since RBS received my S.A.R - (Subject Access Request) and they haven't cashed my cheque yet (S.A.R - (Subject Access Request) sent by registered post and received but royal mail website says no electronic proof of receipt available)

 

what happens if they go over the 40 days without replying?

 

You have to give 40 days from the time of receipt as long as you CAN get proof of delivery, you are O.K. for the 40 day limit. What I suspect is that they are behind with the workload of SAR's and might try to use the date of cashing your cheque as the star of the 40 days ...but if you can prove they received it on a certain date ...they've lost that get out scenario.

 

 

sparkie

[spaspeckerthedull]

request sent 1st class recorded 17/06/08, request received and signed for (according to track and trace) 18/06/08. Did I make a mistake in sending it direct to my branch marked FAO the manager?

[Sparkie1723]

request sent 1st class recorded 17/06/08, request received and signed for

(according to track and trace) 18/06/08. Did I make a mistake in sending it direct to my branch marked FAO the manager?

 

Yes you did make a slight error that has given them the excuse to slow the process down, I advise folks to send it to the registered office of the company then there is no doubt they have got it that's is what the ICO.

advises also....They can't play it out forever though I would ring the RBS data controller up if I were you.... her name is Joyce E Tudor and her phone number is 0131 626 1165......fax number 0131 626 3049

 

sparkie

[spaspeckerthedull]

oops my bad -

 

also just checked track and trace again and there is an electronic proof of delivery, still 40 days is 40 days so surely they can't use that as an excuse? what happens if they try?

[Sparkie1723]

They will most certainly try and delay it but as I said ring their data controller up and tell her that you will only allow a maximum of a further 7 days, if they try the delay angle " this office that deals with SSAR's has not received it" or words to that effect.

 

sparkie