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Help - RBS Mint want a fight!


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Response contested.pdf

 

Hello one and all.

 

I have restarted this thread as I couldn't add attachments on the RBS thread and ended up with a confused thread combined with my CapOne dispute.

 

I have attached all previous correspondence in Post 1 and the latest letter received today to this post.

 

To summarize my situation, I live in an EU country having left the UK just under 2 years ago. A combination of the credit crunch/crises leaving me with reduced income, the diabolical exchange rate sterling to euro and having a car accident on the 7 Feb 2009, for which I am still having physio, leaving me not working at all now and arguing with an insurer about income protection payments, left me with no alternative but to look for ways of managing debt which is why I found CAG. Thank god I did because I have no way of paying credit card debts at the moment and what really annoyed me as well was the huge hike in interest rates being charged which I find indefensible.

 

I am now in dispute with 5 credit card agreements at different stages and this RBS Mint one is the most advanced so far.

 

RBS do seem to like playing games! My original CCA request sent on the 27 Feb 09 was responded to with a date of 20 March 09 but the envelope was postmarked 24 March 09! By my calculations 12+2 days was the 19th.

 

Similarly I gave them 21 days to respond to my last letter dated 23 March 09 and the response letter is dated 9 April 09 when the envelope shows 14 April 09, either side of the Eatser weekend.

 

Anyway, the letter attached states 'We have supplied a copy of the credit agreement that you agreed to after you received the credit card'. The 'agreement' they have sent is the application form which is not possible to be an agreement 'agreed to after you received the credit card' because I would have had to receive the card before applying!!

 

I cannot receive a card before I apply for it!!

 

Other idiocies are 'If you are not satisfied with this response, you may seek whatever legal redress they consider open to you'. Who are 'they'?? Looks like templates with various paragraphs to choose from being used.

 

They call my application 'credit agreement/application form' in a paragraph on the second page. Which is it, an app or an agreement?

 

They also state I 'cannot retrospectively withdraw consent' to data processing, is this true?

 

They threaten to add non payment info and defaults to my credit file. I am not UK resident and do not have a current UK address. Does anyone know if they can still add to a credit file in the UK on my old UK address?

 

I had about 14 calls to my mobile number from RBS Mint which stopped 2 weeks ago. All were ignored but I checked the number to find out who it was.

 

I would appreciate views on what to do next.

 

I cannot make payments due to lack of income and when it comes to paying credit cards or feeding the kids, it is obvious that the credit companies will come second every time.

 

I want to fight this and appreciate that my circumstances may be different to most in that I am not in the UK.

 

Apologies if this is a long post but it has now become serious so I need to know where to go with this.

 

Many thanks to all who respond.

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Thanks again blueda.

Anybody got any opinions on other questions I have? Like the data processing, not able to retrospectively withdraw consent or the credit file additions when I do not have a UK address?

 

Thanks in advance.

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If RBS are saying the account is not in dispute but I am can I get the account marked as 'in dispute' with any credit agencies who can update my file even if I am outside te UK?

 

I really would like to know where I stand with CRA's if anyone knows the answer please.

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I would imagine that they will register the defaults with your last known UK address. If you come back to the UK and register to vote, this information will link to your old address(es) and your old debts. If your debt if unenforcable then I suggest you write to the CRA stating this but otherwise the defaults will only come off your file 6 years after they were 1st posted.

 

I would suggest signing up to Equifax and Experian and see what is going on your file on a monthly basis. I've been checking mine regularly over the last 8 months and its surprising what misinformation can creep up in there.

 

Hope this helps.

 

Dan

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[ATTACH]7984[/ATTACH]

 

They also state I 'cannot retrospectively withdraw consent' to data processing, is this true?

 

I think this probably is true, but you are entitled to the data they share to be accurate,

 

They threaten to add non payment info and defaults to my credit file. I am not UK resident and do not have a current UK address. Does anyone know if they can still add to a credit file in the UK on my old UK address?

 

Do you have any connection with your old UK address? Where are RBS Mint sending your correspondence? I know debts can be pursued in EU countries, but I don't know anything about CRAs overseas. If they are using the wrong address, ie your old one, then it seems to me that the data is wrong, unless you still own the property perhaps.

 

I had about 14 calls to my mobile number from RBS Mint which stopped 2 weeks ago. All were ignored but I checked the number to find out who it was.

 

I would appreciate views on what to do next.

 

I cannot make payments due to lack of income and when it comes to paying credit cards or feeding the kids, it is obvious that the credit companies will come second every time.

 

I want to fight this and appreciate that my circumstances may be different to most in that I am not in the UK.

 

Apologies if this is a long post but it has now become serious so I need to know where to go with this.

 

Many thanks to all who respond.

 

Might be worth taking a look at the ICO site and perhaps contacting them. Complaints about data protection policy - ICO

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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Hi caro, I appreciate you taking the time to read the thread and for the response.

 

I do not own any property in the UK (my only 'asset' is a bank overdraft)and all correspondence is coming to my correct current address.

 

So I probably don't need to complain about anything for Data Protection from what you are saying.

 

I am aware that there are european laws in place to allow collection of 'uncontested payments' (I am using the wording in the legislation) across EU borders but not sure if that allows for accounts 'in dispute'.

 

I still don't know what my next step is. In post 10 blueda said I had already responded implying I should do nothing, I think?

 

I did not intend to be in this mess and I was happily repaying everything until last summer when everything started to go wrong.

 

I know, having read extensively on this site, that this is a long process but I am feeling unsure about the next move.

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Told by Experian can't sign up on line without a UK address. I didn't want to give my current address as this would link my addresses together too easily when they may not be linked at the moment!

 

So don't know for sure what is being added to CRA's.

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  • 2 weeks later...

Copy of Response 3 230409.pdf

 

Having sent a CCA request and then a CPR request the response to the CPR request is attached.

 

They continue to play games with the dates on letters as the letter is dated the 23 April 2009 but the envelope is postmarked 27 April 2009. I gave them 21 days to reply to the CPR request sent on the 31 March which was up on the 21 April!

 

The content of the letter is written as if to my legal representative and your client which I do not have! They have conveniently (for them) not mentioned that the last letter was for a copy of my agreement under CPR 31.16.

 

They refuse to acknowledge the account is in dispute (twice!) and refer 'your client' to the FOS twice as well.

 

Very poorly constructed letter from a 'Senior DCA Ofiicer'. What would a junior have sent!

 

Any thoughts on my next response?

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I'm going to move this thread to the legal issues sub-forum where you may get others advising further.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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