RBS - Debt agencies

[scarpetta]

Hi,

i was wondering if anyone can help. My case on hold by the courts since August 07. The RBS say I owe them £1500 ( from Charges) I am claing almost £3700. I have 2 different DCA sending letters threatening me with action if I do not pay in full, I have sent them the letters from your site & I then receive a letter saying they have returned my account back to the client (RBS). On August 8th I received yet another letter from a different DCA saying I need to pay within 14 days in full. I am just sending the first letter to them & to RBS. I was just wondering how I go about reporting them to the FSA and the banking code standards committee (should I)? Can I go straight to the OFT to report this? I am at a loss of what to do now as they are very persistent.

Any help is appreciated!

Scarpetta

[freakyleaky]

I have moved your thread to the DCI forum where you will get more specific help.

[42man]

Send this to the bank....

 

Passing debt whilst in dispute

Dear Sir/Madam,

Thank you for the above referenced letter,although I am totally bemused as to why I have received it.

 

The author of the letter seems to have taken no notice of the present state of the account as it stands,for the following reasons :-

 

1) In August of last year,in the High Court in Leeds,YOU applied for and were granted, a ‘stay’, to claims for ‘penalty charges ‘on this account for a sum in excess of £xxxx,way above the present outstanding balance.Part of the High Court Order states that NO ENFORCEMENT ACTION IS TO BE TAKEN BY THE BANK TO RECOVER any supposed charges made by them ,until the OFT Test Case has been resolved.AND in addition should any action be taken by the Bank,then the ‘stay’will be lifted,and no doubt ,judgement would be awarded in my favour..

 

2) I am sure that (bank name) conform to The Banking Code,and as such I will draw your attention to s13.6, reference information you may NOT pass on,IF an account is in dispute.The High Court Order I would suggest is reasonable evidence to assume that this account is in dispute.

 

3) I am also sure that (bank name) are fully au fait with the, Office of Fair Tradings code for

Debt Collection Guidance,and I draw your attention to the latest information from their publication,July 2003(updated December 2006);-

 

The following are deemed to be at the very least UNFAIR practices.

 

a) Section 2,2 b,Leaving out or presenting information ,in such a way that it creates a false or misleading impression .or exploits debtors’ lack of knowledge.

HOW you could miss the ‘stay’on the account is beyond me.

 

b)Psychological harassment,as described in Section 2.6 g,making threatening statements or gestures ,or taking actions suggesting harm.

Your last paragraph of your letter threatening collection agencies etc.

 

c) Section 2.6 h,Ignoring or disregarding claims ,that debts are settled or disputed ,and continuing to make unjustified demands for payment.

 

d) Section 2.6 I,Disclosing or threatening to disclose,debt details to third parties ,unless legally entitled to do so.

 

e) Section 2.6 k,Not ceasing collection activity whilst investigating a reasonably queried or disputed debt

 

I can only assume that based on the above,that this letter must have been sent in error,as I am certain you would not wish it to be seen as VEXATIOUS.

 

Your letter has obviously caused me a great deal of unnecessary concern,and worry,resulting in me having to take third party advice,undergo law and internet research,and take time out from my employment,as well as postage costs,to reply to your letter.As you are a Bank,and regularly make charges to customers,I have taken the liberty of charging you the sum of £35,which I will add to my costs against yourselves.

 

I further feel,that as a show of good faith by the Bank,that any further fees and/or interest should be frozen,pending the outcome of the OFT Test Case.

 

I would also point out that I intend to maintain my legal rights,and if necassary, file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.including Leeds High Court.

 

I trust you will give this due diligence,and look forward to your reply within the next 14 days.

 

Yours faithfully

Send this to the Debt Collection Agency....

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[42man]

Send them by recorded delivery...

[42man]

The second letter needs editing as it mentions the Consumer Credit Agreement....

[Jesteruk]

FYI:

I have been in the same situation with Halifax bank, stayed in court in Oct 07. I owe £1200 they owe me nealy £3000. So far to date i have 15 DCA letters, the standard dispute letter will shut up the DCA's.

FOS in my mind have done nothing but make sure you make a complaint.

Then keep ALL letters from the DCA's. You could write to the DJ in your case and advise them of continued harrasment by the defendant (The bank)

Have you checked your credit file - if the bank has placed a default on your account they will be in breech of the Banking Code of practice, of which you will need to make a formal complaint to the bank.

[scarpetta]

Hi,

I sent the letters as shown above & this morning I have received a reply from Equidebt (the new DCA) asking me to ring them as they have a personal settlement figure which I dont think is good enough as they owe me approx £3700 in charges & they say I owe them £1429.60. I am getting rather sick of all these letters. Can I report them or do I just keep sending letters to them & the Royal bank of scotland?

Please help as I'm very confused.

[Pinky69]

You can report the RBS to OFT but before you report them to the FOS you have to have made a complaint to their internal complaints department. I would do this, informing them that they are in breach of the Administration of Justice 1970 for continuously passing an account in dispute to debt collection agencies (as well as the Banking Code and the Data Protection Act). If they fail to stop then 8 weeks after your complaint you can report them to the FOS. I got rid of 8 DCAs going down this route and added a threat to the DCAs that I was taking legal action against the original creditor and the DCA as the current holder of the account would be liable for all charges, expenses and substantial compensation - they couldn't disappear fast enough.

[scarpetta]

Hi,

thank you for replying so quickly. Is there a template or anything of the sort to send or do i just word it myself? What is FOS? Does the letter above posted by 42hitman constitute a complaint?

[Pinky69]

The FOS is the Financial Ombudsman Service - you will get their details on their website. Use 42man's first letter as a guide for your complaint to the RBS - I head my letters in bold, caps and underlined " Complaint to RBS for breaches of ......" and then I list the laws they have breached before the main body of the letter. In your case they have breached the Administration of Justice Act 1970, the Data Protection Act 1998, OFT guidelines and the Banking Code. Remember you have to give them 8 weeks to reply before you can take your complaint to the FOS.

[palomino]

The Financial Ombudsman Service is here - Financial Ombudsman Service .