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RBS Loan and PPI - COURT CLAIM **WON** discontinued


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Hello Sequest,

 

Any letters from the rbs with a credit agreement included.:D yet

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Not yet!!

 

If they received and signed for your letter, they are in breach of this request now:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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NatWest have sent me a Default notice on my loan account. Considering they are in default of my CCA request, should I send them an 'Account in Dispute' letter. I need to eliminate any PPI payments but can't do so until they send me all the loan account details.

 

I will be sending my payment plan tomorrow but I need to act on Default Notice.

 

Any help appreciated.

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Bank sent a response to my CCA & S.A.R - (Subject Access Request) Letter.

 

Linked to the actual letter below, and a typed copy of the letter is also below.

 

What does everyone think of this? What should my next step be?

 

Thanks.

 

http://i473.photobucket.com/albums/rr100/sequest1/out2.jpg

 

"

“DATA PROTECTION ACT 1998 - Loan Agreement

 

For the Data Protection Act to apply information which is not stored electronically needs to be held in a certain structured format which is easily accessible, an example of this would be if information was filed in alphabetical order referring to the name of the customer and then the file was broken down into different topics. Information held in such a structured format is known as a relevant filing system.

 

Part of your Subject Access Request, the Consumer Credit Agreement would not generally be held by the bank in a relevant filing system and as such would fall out of the scope of the act - this would mean that you would not be entitled to it under the data protection act.

 

If you have any queries do not hesitate to contact me on the address shown above.”

Edited by sequest
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NatWest sent a response to my CCA & S.A.R - (Subject Access Request) Letter.

 

Linked to the actual letter below, and a typed copy of the letter is also below.

 

What does everyone think of this? What should my next step be?

 

Thanks.

 

http://i473.photobucket.com/albums/rr100/sequest1/out2.jpg

 

"

“DATA PROTECTION ACT 1998 - Loan Agreement

 

For the Data Protection Act to apply information which is not stored electronically needs to be held in a certain structured format which is easily accessible, an example of this would be if information was filed in alphabetical order referring to the name of the customer and then the file was broken down into different topics. Information held in such a structured format is known as a relevant filing system.

 

Part of your Subject Access Request, the Consumer Credit Agreement would not generally be held by the bank in a relevant filing system and as such would fall out of the scope of the act - this would mean that you would not be entitled to it under the data protection act.

 

If you have any queries do not hesitate to contact me on the address shown above.”

 

Hello sequest,

 

Are they starting to be obstructive so early in the games:rolleyes:

 

Ok so you may accept this response under the dpa, but you have sent them a legal request under section 77/78 of the cca 1974, so they have to comply:D

 

What info have they sent under the SAR????????

 

On another note you mentioned previously on your thread that they have sent you a notice of default, can you tell us a bit more about this please:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hello Hellhasnofury,

 

To date, all I have received are my bank statements and loan statements. The loan statements give no breakdown of the loan.

 

The default Notice is headed:

Default Notice under Section 87(1) of the Consumer Credit Act 1974

 

It is a default notice in relation to my loan agreement as I am in arrears.

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With regard to their inability to provide a credit agreement, send NatWest a simple reminder that this means that they have provided no proof of their legal right to collect the account from you under Section 78 of the Consumer Credit Act 1974. This renders the 'debt' unenforceable and therefore, you cannot be held to be 'in default'.

 

Should they continue pressing you for payment, you will report them to the Information Commissioner's Office and should they also persist with the Default Notice and send this to the CCAs, this will result in legal action on your part to prevent this unlawful action.

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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  • 2 weeks later...

RBS have written to me to say that they cannot produce my loan agreements and have returned the £1 postal order.

 

I contacted the FOS and explained that I needed the loan agreements to ascertain how much PPI had been added without my knowledge.

 

The woman I spoke to was very helpful and said she would write to RBS requesting all PPI payments plus 8%.

 

I will keep you informed.

 

BTW. Congrats Alanalana on your latest victory.

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Thanks Paintball.

 

Should I make an offer payment or wait until they produce loan agreement. I have a feeling that they cannot produce this and I really needed to see it to check PPI.

If you offer payment then this means that you are acknowledging the debt. Bearing in mind that they can produce no Credit Agreement on a running account, then this means that they cannot collect on the alleged debt ... no CCA no debt :)

RBS have written to me to say that they cannot produce my loan agreements and have returned the £1 postal order.

No CCA = no debt ... have you written to them to remind them of this?

I contacted the FOS and explained that I needed the loan agreements to ascertain how much PPI had been added without my knowledge.

 

The woman I spoke to was very helpful and said she would write to RBS requesting all PPI payments plus 8%.

That's great

I will keep you informed.

 

BTW. Congrats Alanalana on your latest victory.

:D

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Hello sequest,

 

RBS have written to me to say that they cannot produce my loan agreements and have returned the £1 postal order.

 

I contacted the FOS and explained that I needed the loan agreements to ascertain how much PPI had been added without my knowledge.

 

The woman I spoke to was very helpful and said she would write to RBS requesting all PPI payments plus 8%.

 

I will keep you informed.

 

BTW. Congrats Alanalana on your latest victory

 

Thank you, I have still not seen any dosh yet, though the FOS say RBS have emailed them to say they are struggling to cope:shock: I have to phone FOS again in Dec for an update.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

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

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Well aa ... good stuff; but down the court route next time m'dear? ;)

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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;)Hello Painty:D

 

Well aa ... good stuff; but down the court route next time m'dear? :wink:

 

I may well still have to do this as see this....Get your wig and gown ready.

 

hello Marshallka and pompey as it is your thread.

 

Quote:

Just had my redress figures from the Ombudsman and mine are totally wrong too. They have failed to address the interest charged on the PPI at settlement. I have written back to the adjudicator and done a complete breakdown using the rule 78 calculator as if we never had the PPI at all and it works back to within £10 difference. I have noted to the Ombudsman that these firms are NOT redressing the loans correctly at all. I will let you know my outcome here. It it could be too late for me:shock:

 

 

Please tell me this is a dream. I have one settlement agreed :rolleyes:one pending :rolleyes:and one outstanding:rolleyes: and the figures could be wrong:shock:

 

Not another 12 Months of fighting please

 

aa

Are you free for legal advice painty;)

It would seem however you go about PPI the obstacles are forthcoming from every angle.

You try and do your best and slam.

Back to bank charges then it easier8)

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

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

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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  • 2 months later...

Today I received Claim Form from NatWEST Solicitors.

 

Brief run down of events as follows:

 

NatWest admitted couldn't find application for loan. PPI refund also requested but have only received letters saying they are still looking into matter and require more time.

 

I wrote to NatWest with payment plan and they wrote back asking for breakdown of my outgoings. In same week I received letter from their solicitors requesting full payment of loan or increased monthly payments.

I informed solicitors that NatWest had not produced agreement following CCA request and PPI was being persued and that I had made offer of payment plan and was awaiting result.

 

Solicitors then said that in those circumstances their client might have to accept my offer of payment.

 

This week received letter from solicitors saying NatWest would agree to my payment plan while the current proceedings are going on.

 

Now, 2 days later I have received Court Claim form. The particulars of claim just state that I have failed to pay the sum due when demanded.

 

Please help - I'm panicking. I have read so much on these forums but now I can't remember anything!!!

 

What should my next move be.

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Hi Sequest,

 

I really wish I could help but unfortunately I am in a very similar situation my self other than that I have decided to keep paying until such times as my Solicitor / the Court resolves the situation. I would suggest paying in the meantime (if you can), but if you can't then you will just have to dig in and ready yourself for the fight. As far as I can see, through all the research that I have done, the onus is upon the bank to prove the required details. In my case, the issue started when I noticed that they have been charging an incorrect interest rate. Therefore, I am being disadvantaged and the only way I can ensure that I am compensated for my loss is to take the matter to court. I have repeatedly told Nat West that I would be willing to reach agreement (say 0.75% lower interest rate and not the 1.5% that they should be charging) but they continue to act with the same bare faced arrogance. The funny thing is that I am convinced that they know they are in the wrong but just can't bring them selves to say sorry. Having seen the formers bank bosses being questioned by the Commons select committe last week, it is no wonder that this selfish, ignorant attitude prevails throughout the bank. I'm afraid I don't feel; qualified to offer advice, but will give as much support as possible. Just try and stay positive. I have just managed to get them to admit that they mis sold the PPI appertaining to the loan because they do not have any documentation so I will be using that refund to pay my Solicitors costs (until she claims them back!!).

And, never forget - Nat West's overdraft is now bigger than yours ever will be:) Good luck........

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All the POC state are that (D) failed to pay sums due to (C0 when demanded and the sums listed below remain outstanding.

 

They have entered the amount for my loan, and a few pounds outstanding on my overdraft, which I thought I had paid in full. I can pay overdraft as its under £10.

 

How do I contact a mod.

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sequest, I have asked for your thread to be moved to legal issues.

 

You will need to summarise events and post any documents with personal details edited, in order for people to help you. You will need to stick to the time scales so make sure you know when you have to do what and by what date. Good luck.

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Thread moved to Legal section for more help.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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sequest, I have asked for your thread to be moved to legal issues.

 

You will need to summarise events and post any documents with personal details edited, in order for people to help you. You will need to stick to the time scales so make sure you know when you have to do what and by what date. Good luck.

 

Many thanks.

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