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    • OK, all done as requested. Defence left blank for now. Just one small question in relation to the CPR31:14.... Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: and it says * delete if not mentioned in the Particulars of claim. I'm not  sure if I ask for everything or nothing as I can't see any of the list mentioned in the POCs
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    • Hi, I’ve just spotted an Arrangement to Pay marker (TransUnion) on my Barclays Mortgage account for 1 month in March 2022. I’ve spoken to Barclays Customer Service and Complaints about this and they’ve given me some background but have closed my complaint: Direct Debit for mortgage bounced in February and I didn’t notice this at the time. Realised there were arrears in March and called customer service straight away. Offered to pay half the arrears on the call with the other half of the arrears the following month. I prob suggested or accepted this as had done that many years previously when I was a poor student with no adverse consequences. Paid in accordance with this. Barclays call notes report they informed me credit reference agencies would be notified and I indicated I understood. However, complaints team couldn’t access the call because it was too old. They advised I could request a transcript through GDPR and complain via ombudsman if still unhappy - I’ll process the GDPR request this week. Whilst it may be factual that I entered into some kind of arrangement regarding the arrears, it wasn’t clear to me that they would be treating it and reporting it as a formal payment plan along with the potential consequences of this. At no point did I agree to or request to “reducing my contractual payments” - I paid my contractual amount for March and April with 50% more on top. I guess it’s likely they did say something vague about credit reference agencies and it’s also possible that I may have agreed without fully understanding it would be different to a late payment marker. I’m not 100% sure of the impact of the AP but I believe it did tighten up balance transfer and new card offers (Lloyds group in particular) even though the rest of my report is spotless and I have many years managing multiple high balance cards. Although it may have been less comfortable, I also believe I had the means to pay the balance in full if I’d realised the impact at the time. Finally, it feels like Ive been penalised for speaking to customer services directly rather than just upping my payments to cover the arrears. Historically, I was under the impression that Barclays mortgages weren’t even reporting arrears of less than 2-3 months as late payments - although this may have changed since the last time I was in arrears. I’ve had a browse through threads about AP markers and it seems like removal is unlikely if it’s deemed factual but it may be worthwhile escalating to FOS or ICO? Will update with transcript details once I’ve raised and received a response to my request. I suppose the upside of this is that I’ll be even more cautious about negative markers in the future. Thanks, J
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RBOS Demand Extortionate Payment


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Hi Just hit the red triangle on the left

 

 

 

Andy

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  • 2 weeks later...

HI Andy,

 

Received 28.7.08. a Subject Access Response, which contains the history of what they have been doing with the account. In brief it covers as i have explained what happened to the accounts. I have also seen on the 20.7.04 and the 18.10.04 Default Notices, which i know nothing about. The majority of the input, are notes referring to "Unsecured Deal Made", each time they have phoned and increased the payment amount. Interestingly, there is an entry on ythe 17.6.04, which is what sparked my initial fury and i quote "Unsecured Deal Made DEAL AGREED £3900 f&f paid by 10.7.08 LCA No-Ops. advised affordability Confirmed. Updated letter sent to confirm no review *Advised cust if cannot pay advised need £158.04 pm* joint inline with link".

Entry on the 14.7.08. Request signed authority of Mrs *****.

Entry on 16.7.08. Statements have been ordered for all accounts

Entry on 22.7.08. Signed authority received. Letter refers to DSAR and complaint. The complaint is being dealt with by CCT case handler. DSAR to progess.

 

It would seem that the 40 days has been put back by them, due to the signed authorities not being received until the 22.7.08. (Wasnt aware post was that slow).

 

Do i take this as having to wait for all the statements until the 31.8.08 as opposed to the 6.8.08

 

Blue Moon

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HI Andy,

 

Received 28.7.08. a Subject Access Response, which contains the history of what they have been doing with the account. In brief it covers as i have explained what happened to the accounts. I have also seen on the 20.7.04 and the 18.10.04 Default Notices, which i know nothing about. The majority of the input, are notes referring to "Unsecured Deal Made", each time they have phoned and increased the payment amount. Interestingly, there is an entry on ythe 17.6.04, which is what sparked my initial fury and i quote "Unsecured Deal Made DEAL AGREED £3900 f&f paid by 10.7.08 LCA No-Ops. advised affordability Confirmed. Updated letter sent to confirm no review *Advised cust if cannot pay advised need £158.04 pm* joint inline with link".

Entry on the 14.7.08. Request signed authority of Mrs *****.

Entry on 16.7.08. Statements have been ordered for all accounts

Entry on 22.7.08. Signed authority received. Letter refers to DSAR and complaint. The complaint is being dealt with by CCT case handler. DSAR to progess.

 

It would seem that the 40 days has been put back by them, due to the signed authorities not being received until the 22.7.08. (Wasnt aware post was that slow).

 

Do i take this as having to wait for all the statements until the 31.8.08 as opposed to the 6.8.08

 

Blue Moon

 

What is "unsecured deal made"?

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Hi BM

 

Rbos are aware of the time constraints of your request and as such are obliged to provide all information held by said deadline.

With view to your post above which account does this refer to? I presume its the joint A/C? Did you ever offer a F/F/S?

Have you yet to recieve anything by way of the other two personal Accounts?

What is the total amount indebted to RBOS (alledgedly) and what are you currently servicing said accounts in total PM.?

Sorry for all the questions but this situation needs to to take a new direction which i cant advise on till you provide the above information

 

Regards

Andy;)

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I submitted my S.A.R - (Subject Access Request) to RBS in November 2005, .......I got 3 pages of rubbish on the 14th May 2006, when tackled by the Information Commissioners Office RBS said it was an internal failure in the way staff responded and told the Information Commissioners Office that they would rectify the problem, the Information Commissioners Office accepted this because they never checked back, its still going on, I'll post what the Information Commissioners Office said in their letter.

Which shows RBS take no notice of time scales.

 

 

Here you go...this letter was dated 2nd June 2006

 

"In regards to your subject access request, RBS has confirmed that it received your request in December 2005. RBS has acknowledged that it failed to satisfy the subiect access provisions of the act when processing vour subiect access

request. This has highlighted a staff training issue which RBS has now remedied. BOLLARDS!!!RBS advise that it supplied you with a copy of all personal data it holds about you on 9 May 2006. Another load of BOLLARDS !!!

 

On this basis, therefore, it does not appear as though RBS has satisfied the Sixth Data protection Principle of the Act in this instance, which requires personal data to be processed in accordance with the rights of data subjects under the Act. This is because it appears to have taken RBS almost six months to comply with your subject access request. We hold the view that RBS has not satisfied the Act in this instance. However, as it appears that the issue of your subject access request has now been remedied we do not intend to take further action on this particular issue"

 

 

However since May 2006 until June 2008 the RBS have been forced to supply ( by various means including pressure from my MP)more and more documents amounting to some 100 pages or more........and I know they have still got more.

sparkie

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Following on from what Sparkie says thats why it needs to take a new direction.

 

Regards

Andy;)

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  • 2 weeks later...

Hi Andy

 

Sorry its has taken awhile to come back to you. I received on the 13.8.08, the statements from all of the accounts.

Answering your questions first. Yes to the first it is the joint account, this is because RBS decided to use the Joint Acc as the means of receiving payments for the other accounts. The second question - I am not sure what F/F/S means ?. Third question - Yes all statements received on the 13.8.08. The content of all have taken some working out. It has taken some working out, but i have now managed to work out what is what.

It would appear that the original figures i was given over the phone were complete nonsense.

Firstly, all my payments which i have calculated according to the bank statements and which i believe to be correct total £2334.76.

NO 1 Account as of the 29.11.04 was 144.24p Overdrawn - as of 16.7.08 with interest having been applied and no payments from RBS having been paid into it is - £244.73p

No 2 Account as of the 31.12.04 was £3442 OD - as of the 16.7.08 with interest having been applied and no payments from RBS having been paid into it is - £5614.84.

No 3 Account (This one is what RBS accepts the payment into) as of the 16.12.04 was £2824.08, still applying interest to it and with all payments going into this it is as of the 16.7.08 - £1770.45.

So the total owed intially across the accounts was £6410.24, with all payments would now be £4075.48, that i would owe. However with interest the total now stands at £7631.02.

It would seem that given that they would now accept a payment of £3900, it is a lovely gesture of £175.02 off the figure I really owe.

I find it devastating that RBS can simply phone you up, frighten you to death with extortionate figures to lure you into paying what is the real amount that you owe. Of course if i had the monies i would pay it, but i dont, so of course the interest if they have there way keeps going up. It still is an impossible debt to pay, as there can be no end.

I could probably muster around the £2000 mark, with extreme difficulty, but i dont see them really accepting that.

I have had four letters too date, saying that they are still investigating and will come back to me within two weeks

I hope that puts you in the picture.

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Hi BM

 

All makes interesting reading dosent it just.Ok F/F/S = full and final settlement.

What i am going to suggest now might alarm you a tad but if I was in your position I would now open a parachute account with a completely different Bank and transfer my income and D/Ds S/O etc and completly isolate these accounts.You have written to them with your concerns and as so placed them in to dispute.Request another review of your payment plan and request that all interest is now frozen until such time your dispute is resolved.They will always have control of you until you severe the leash.Now at this pont and its your desicion you can either offer a minimal monthly payment or and its a big or stop payment completly.let the rest follow course ie they will instigate litigation proceedures and may issue a claim.You have all the ammunition required to defend this with the penalty charges admin charges etc.Thats what i ment in my previous post about a new direction because you will be on their merry go round for the unforseable future.Choice is yours!!!

 

 

Regards

 

Andy;)

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HI All

 

Too date the statements dont show any charges. They have applied interest on a monthly basis, with no two amounts being the same. I have still continued to pay as i have done monthly. As you say, they dont seem to want to let go. I will wait for there response re the complaint and try some form of negotiation, if that is possible on the monthly payments or even suggest a FFS.

Watch this space

Ta Boyz

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  • 2 weeks later...

Finally received a two page letter from RBS, which basically states its all my fault, pay £3900 or £154 per month. They have completely ignored the manner in which there staff have behaved. I have sent a letter back stating the above and offering to come to some arrangement on a reasonable FFS.

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