Not Sure If This 1s Enforceable From Rbs???

[exchange]

Hi andreamour and spartathisis, if youare not already you should subscribe to r&b's thread 'MINT is cca enforceable?' as this is further advanced than ours and makes interesting reading. Sorry, haven't worked out how to add a link yet!

[lee32uk]

My smile just widened too seeing as I have the same Default notice from RBS.Thanks for confirming it Cerberusalert.

[ANDREAMOUR]

Thanks ex

I will search it now.

 

Ps to get a link just cut and paste from your browser

 

Hi andreamour and spartathisis, if youare not already you should subscribe to r&b's thread 'MINT is cca enforceable?' as this is further advanced than ours and makes interesting reading. Sorry, haven't worked out how to add a link yet!

[ANDREAMOUR]

Hi guys

Its been a bit quiet recently but today i got this

 

 

Shall i send a bemused letter???

[Sparkie1723]

Looks like Cobbetts LLP Manchester are out of favour with RBS of late and they are cutting costs and using in house solicitors, they really must be short of ready cash ...Reminds me of Laurel and Hardy.........

There also appears to be a lot of instructions being handed out;)

I'd ask them to clarify this "liability!

 

sparkie

[ANDREAMOUR]

Looks like Cobbetts LLP Manchester are out of favour with RBS of late and they are cutting costs and using in house solicitors, they really must be short of ready cash ...Reminds me of Laurel and Hardy.........

There also appears to be a lot of instructions being handed out;)

I'd ask them to clarify this "liability!

 

sparkie

 

They like to Keep it in the family and all that eh! lol

Edited June 13, 2009 by ANDREAMOUR

[ANDREAMOUR]

Think i will send them this

 

Dear Sir or Madam,

 

Account number:

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with RBS and has been since 3rd March 2009

 

Not only is this in breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974, the Data Protection Act 1998 and the CPUTR 2008.

 

 

As RBS are now in default of my Consumer Credit Act request, OFT Collection Guidelines have been breached, 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 RBS for resolution of these defaults and breaches, as RBS cannot lawfully pursue any enforcement activities.

 

If RBS 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,

[freethemice]

Got this through today..

What should i write back any ideas?

 

According to the letter you scanned account termination was on 6th Febuary and by demanding payment of the full balance they have confirmed the termination.

Could you post this notice to see if it is a valid termination notice?

Do not see any gain in hiding the dodgy default notice.

Also check your terms and conditions. In mine it clearly states that 2.25% of the new balance should be paid and the amount requested in the default notice bears no relation to this amount.

will subscribe with interest

[ANDREAMOUR]

hi ftm

thanks for your interest

i will look for the notice and post it up.

Had a threatogram today from moorcroft

[ANDREAMOUR]

I have posted them this very good letter http://www.consumerforums.com/resour...-is-in-dispute

thanks to cerberusalert for pointing this out to me on another thread of mine.

[ANDREAMOUR]

I have found the termination letter

 

[Sparkie1723]

Anyone getting letters from Triton Credit Services saying they are a trading name of The Royal Bank of Scotland Plc should send them this as I cant find where it says they are on the ICO register

Data Controller: THE ROYAL BANK OF SCOTLAND PLC

Address:

36 ST ANDREW SQUARE

EDINBURGH

MIDLOTHIAN

EH2 2YB

Other Names:

RBS

RBOS

ROYAL BANK

MINT

CHURCHILL

LOMBARD DIRECT

FIRST ACTIVE

LOMBARD BANKING SERVICES

DIRECT LINE

NATWEST MENTOR SERVICES

 

 

 

Data Controller: THE ROYAL BANK OF SCOTLAND GROUP INDEPENDENT FINANCIAL SERVICES LIMITED

Address:

42 ST ANDREW SQUARE

EDINBURGH

EH2 2YE

Other Names:

THE ROYAL BANK OF SCOTLANDIFS

NATWEST IFS

 

Data Controller: THE ROYAL BANK OF SCOTLAND GROUP PLC

Address:

THE ROYAL BANK OF SCOTLAND GROUP PLC

36 ST ANDREW SQUARE

EDINBURGH

EH2 2YB

 

This register entry describes, in very general terms, the personal data being processed by:

THE ROYAL BANK OF SCOTLAND GROUP PLC

 

 

No mention of Triton Credit Services

 

sparkie

[pedross]

I think the point regarding the default notice is worth further discusson. Does anyone have a link to posts that actually confirms that the term 17 days is not compliant. Has anyone succeeded with this argument or is there case law.

 

I personally believe that there is a strong and winning argument based on this issue. If I am correct this alone would win this case with the agreement thrown in as a bonus.

 

Debate?

 

Pedross

[ANDREAMOUR]

my triton letters have stopped now!

[spartathisis]

My acc was sent back to RBS who sent the same letter agin saying they have fulfilled their obligations! Though there was one slight difference, whomever wrote the letter decided to add their own interpretation into the template letter;) The added sentances states that the app form is not an agreement as that was sent out later after I was approved!!! Give them enough rope?

 

The acc was then passed back to Triton who threatened all manner of things inc sending a bailiff in, registering an interest in my home (rented) and theres me thinking it was only a court that could do those things. Sent them a letter saying provide a CCA and I may take notice and not heard anything in 10 days. Will wait n see:)

[Sparkie1723]

My acc was sent back to RBS who sent the same letter agin saying they have fulfilled their obligations! Though there was one slight difference, whomever wrote the letter decided to add their own interpretation into the template letter;) The added sentances states that the app form is not an agreement as that was sent out later after I was approved!!! Give them enough rope?

 

The acc was then passed back to Triton who threatened all manner of things inc sending a bailiff in, registering an interest in my home (rented) and theres me thinking it was only a court that could do those things. Sent them a letter saying provide a CCA and I may take notice and not heard anything in 10 days. Will wait n see:)

 

 

Write and ask RBS,... Triton. and Greens Solicitors if your account is now being managed by CMS Telford ...if so will they provide the details of the "Router Account " that WILL have been allocated to you within CMS Telford

 

Very important and very relative.

 

sparkie

[spartathisis]

tell me more;)

[spartathisis]

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html#post2279702 some info on defective DN's. Woodchester Lease v Swaine, I believe is the main case law on defective DN. They have to be right as the CCA states the actual wording layout and provisions.

[Sparkie1723]

tell me more;)

 

Router Accounts have become somewhat of a severe embarrasment to the RBS & Nat West as a whole.......they are in fact "secret accounts" that are set up manipulated at Telford and held only at Telford no other parts/branches etc can ever access these accounts.....they are not in the banks normal computer banking system, it has a "different account number that the customers original account number i.e you hav two accounts and two account numbers and myself and another CAG member have prima fascia evidence that these accounts and the system that operates it create inflated "Book Debts" that then become as an asset to the group...but we have found that they do not actually exist....I myself have/had one account that actually had TWO book debts.

 

If you really want toknow more about these accounts go to Big Claim against RBS (RBS forum or Walton v RBS) general debt issues ...I must warn youboth these posts are VERY very long but contain a lot of information about other things RBS do.

 

sparkie

[spartathisis]

Thanks Sparkie, will have a look. Can you SAR them about these accounts or do they flatly refuse to acknowledge them?

 

I wont post anymore on here as it detracts from OP thread (sorry)

[Sparkie1723]

Thanks Sparkie, will have a look. Can you SAR them about these accounts or do they flatly refuse to acknowledge them?

 

I wont post anymore on here as it detracts from OP thread (sorry)

 

 

Post on my thread ...you are very welcome

 

sparkie

[ANDREAMOUR]

No problems

it all sounds very interesting stuff

i will definately check the posts out.

 

Had this today from rbs nothing from moorcroft yet!

 

[middenmess]

Account Manager,

Insolvency and Client Support

 

Not just any old account manager then!

[ANDREAMOUR]

lol

They must be merging job roles due to the recession.

[Sparkie1723]

Write back and ask them if it is as they say they do not consider the account is in dispute ...Does that mean they do not dispute anything you say ...and you do not owe them penny ,,,,,,because if they do...then the account MUST be in dispute!!:D

 

sparkie