Jump to content


  • Tweets

  • Posts

    • I'm really not sure what all the above refers to and why you are bothering with it.   This is an overdraft current account ?   You entered into it in Scotland ?    Claim was issued 14/09/18   The last payment date by YOU was 18th Nov 12   Section 78 is not applicable to overdrafts.   Andy  
    • Hi Andyorch.  Todays good news is - the matter is now dead 😀   Many, many thanks for your help and advice.
    • Hi Guys,   My friends wife ignored letters from Horizon Parking and their solicitors and now has a CCJ registered on her credit file.   Stupidiy, she also ignore the claims form which come from Northampton Bulk centre as it looked photocopied and she thought it was fake. At the same time her work colleague did the same.   Her work colleague went to stand as guarantor for her daughters loan and got refused, she has now found out that a CCJ has been registered two months ago, so my friends wife checked her credit file and has the same, from two months ago.   Both received claims forms and didn't fill them in. Neither of them have received notification of judgement however. I am right in saying still that they should of done and would of been given the opportunity to pay the claim within. month at that point and not have a CCJ permanently on their file. If this is the case, what is the way forward? Set a-side ?
    • EXHIBIT K   24th March 2019   Lowell Portfolio I Ltd 9 Savannah Way Leeds LS10 1AB   Dear Sirs   Your Ref: 1...….     MFS Portfolio Limited v Phelan West (2019) I write to draw your attention to recent successful appeal case regarding a personal current account with overdraft facility; the decision was made before HHJ Walden-Smith sitting at Cambridge County Court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination. It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act.    In view of foregoing, I note that your company have failed to comply with S78 CCA 1974 therefore your claim is unenforceable. So it is in your own interest (and to save cost) that I demand yourselves to discontinue this matter with immediate effect, otherwise I would be seeking compensation awarded against your company through the court for my time and legal cost to myself for consulting solicitors for advise in defending this claim which I consider not valid since you couldn’t also substantiate it when ask to prove it.   Yours sincerely
    • Hi Micky,   The letter you sent was your Prelim Letter and you should send an LBA before issuing proceedings.   1. Who replied to your letter that was taken in to the Chingford store - eg was it the store manager.   I suggest you send your LBA to the store Head Office enclosing a copy of the original letter and give them a final 14 days to reply and refund.
  • Our picks

SirHumpy

Confuddled (confused)

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3968 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I have a credit card, overdraft and loan with Natwest - or rather did have because due to borrowing more than I could ever hope to repay I defaulted on all of them. They have all been closed and passed onto DCAs. I pay monthly sums off them through a DMP with CCCS - which I have maintained for nearly three years.

 

Now I know that on both the current account and credit card there was charges made that have been declared unfair. My question is can I claim these back? - even though I am actually in debt to the bank (I refuse to pay the DCAs and all payments are sent to Natwest :p). I wouldnt even mind if they took the money claimed off what I owe them - but I'm unsure how it would be looked at if it went as far as court.:confused:

 

I hope this is the right place for this thread - thanks :)

Share this post


Link to post
Share on other sites

Yes is the answer to claiming back charges. If you took PLP(known as PPI here) you may want to look at possibly claiming that back. If the loan was "fully protected" rather than sold with optional PLP then you may have a claim.


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Share this post


Link to post
Share on other sites

Posting this on another thread.Still not sure if I'm in the correct place.

Morning all I'm new to this site so hope I'm on the correct thread.I will try and be brief Sent cca's request to Triton (acting for RBS) on 5th Aug follow up on 19th Aug.recieved letter dated 22 aug from RBS Enclosed cc application headed "must be returned before june 2001" Signed and dated by me on 4th June 2002. A cca with no mention of RBS anywhere.No signaturesat all. If I want statements they will tell me how much they will cost.They confirm that Triton are managing my account( i.e sending demand letters) and confirm that the debt has not been sold. Do I reply to them or Triton or just wait for the 30 days before I send last letter.Paying RBS £1 per month ,do I stop?Is there any relevance in the fact that the appliction had to be in before june 2001 and was not received until june 2002? many thanks

Share this post


Link to post
Share on other sites

Loramos...you need to start a NEW thread on your own situation.....


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Share this post


Link to post
Share on other sites

I'm new to this so hope I am doing it correctly.I will try and be brief

Sent cca's request to Triton (acting for RBS) on 5th Aug follow up on 19th Aug.recieved letter dated 22 aug from RBS Enclosed cc application headed "must be returned before june 2001" Signed and dated by me on 4th June 2002. A cca with no mention of RBS anywhere.No signaturesat all. If I want statements they will tell me how much they will cost.They confirm that Triton are managing my account( i.e sending demand letters) and confirm that the debt has not been sold. Do I reply to them or Triton or just wait for the 30 days before I send last letter.Paying RBS £1 per month ,do I stop?Is there any relevance in the fact that the appliction had to be in before june 2001 and was not received until june 2002? Many thanks

Share this post


Link to post
Share on other sites

How very odd:)

 

If you need statements from them at any time then it will cost you a flat legal fee of £10.00 by sending a Subject Access Request.

 

Back to your agreement. I am sorry, I am unable to help you. Is there anyway you can scan it in so that other people can advise you better.

 

Be sure to remove any personal details first.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Is this letter from CMS in Telford?

At the moment this RBS department is finding some unique ways to avoid complying with CA requests.

Don't be bullied by them, resend your request & tell them the clock is ticking. I would copy Triton on the letter. They know they can't do this, there hoping you don't know the law.

Debs

Share this post


Link to post
Share on other sites

sorry for not replying sooner Debs.No the letter came fro RBS Southend.I have sent them another letter asking for true copy etc. not application form .I'm still intrigued though how the application form they sent me had to be returned to them by june 2001 but was signed and dated by me june 4th 2002

Share this post


Link to post
Share on other sites

One word, INCOMPETENCE. They haven't got a clue.

 

From now on send Your letters directly to :-

The Data Protection Manager

Retail Regulatory Risk

2nd Floor

Business House B

RBS Gogarburn

PO Box 1000

Edinburgh

EH12 1HQ

Enclose a copy of your origonal CCA Request. Also to this dept, do your SAR, & enclose your £10 PO/cheque.For this payment they HAVE to send you ALL statements you require for your account.

Debs

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...