dormant account for 2 yrs, now charges!

[iwannawinlotto]

hi, my wife got a letter from a DCA a while ago, simply stating they have been looking for her for 2 years, because RBS (Royal Bank Scotland) have not managed to find her.

we have moved around a bit in rented properties, trying to get cheaper accomodation. anyway she left RBS a long time ago with £0.00 balance, however she didn't close the account formally, then we forgot all about it-then 2 years later we she got letter stating she owes over £200 in charges/fees.

she phoned the DCA & RBS and DCa have been very good, no problems-contact and RBS said they expect all will be revealed when statements sent to us, that was months ago, when she phones RBS they just keep saying statements on their way, how much longer do we have to put up with this! is there a template letter which we can send out?

something wherby they have 28 days to resolve this or wipe the "alleged debt"? i expect it was a computer error which caused the charges!

and they have mounted up. we will soon be applying for a mortgage & dont want a debt she does not owe, ruining our chance. HELP!

RBS are not in a hurry to resolve this-but we are.

[meols cop]

The Bank have 40 days to furnish you with the statements and then you can complain to the Information Commissioner

[Undercover-Elsa]

Hi - Did you send the a formal Subject Access Request?

Elsa x

[Bazooka Boo]

we will soon be applying for a mortgage & dont want a debt she does not owe, ruining our chance.

 

You can always check your credit file for free at annual credit report you don't need to supply any credit card information. IMHO I can't see how any bank account can rack up charges if it isn't being used? Unless of course there were one or two direct debits or standing orders set up on the account?

I also wouldn't continue ringing either the bank or the DCA, unless of course you are able to record your phone calls, try and get everything in writing that way then you'll have a paper trail of evidence if needed. Also if it is found that the alleged debt with the bank is bona fide and legal then pay the bank direct, forget about the low life DCA's, but if the debt is made up entirely of bank charges, then you can dispute these as they are erroneous and currently going through the court system to determine the legality of them, take a look at the template letters and find what best fits your situation.8)

[Bazooka Boo]

After giving it a little more thought, who is the DCA claiming you owe RBS an outstanding debt? It may just be their in house collection team, but I fear it may have been sold on given the length of time.

Also if they (DCA) persist in wanting payment you should send them the letter asking for them to provide you with proof that they are legally entitled to collect on behalf of RBS. If they don't provide the proof, or if it is not legal, then they cannot collect nor take any further action until such time as they do provide the evidence.

I'll have a look for the exact template letter, not sure where I last saw it:confused:

 

Here it is! http://www.consumerforums.com/resources/templates-library/48-bank-templates.html

And heres the link for the relevant letter templates you'll need

Edited April 18, 2009 by Bazooka Boo
Found relevant Info

[iwannawinlotto]

Well, thanks for the speedy replies to this post.

40 days have certainly passed, so may contact the information commissioner, if i dont get this resolved quickly.

Subject Access Request? no did not-due to the RBS staff member stating the statements will be arriving in the mail (been assured this 3 times on the phone!) but will look up S.A.R, get back to you about that.

 

As for the charges being bon-a-fide, can't see how, there were never any debits nor standing orders, maoney was paid in, then drawn out, never went over drawn she said (wife) can only feel a computer error sent her in to the red, on the dormant account-then as usual the bank just kept pressing the charges button on their system, pay me pay me pay me!

going to have a close look at these template letters now-theres probably 1 to fit the bill.

 

The DCA'S name is; Westcot Credit Services" I have to inform everyone, the outstanding balance is £409.72p that is what is written on the Westcot letter- (so it's more than i remember) however-they acknowledge we are disputing the debt and told us by letter "we will suspend all collections activity on the account whilst the matter is under investigation, this means we will not write to you, or telephone you in pursuit of the account whilst it is being investigated.

I cant fault Westcot at the moment-they have been true to their word since the letter dated 13/03/09 was received from them.

jusr checked S.A.R, yes that could help me to force them to send out the statements, but have feeling they will just ignore or tell me that Westcot are dealing with it!

Edited April 18, 2009 by iwannawinlotto
additional info.

[Undercover-Elsa]

Hi again,

Yeah I'd definitely go with the SAR as if they do ignore it, after the 40 +2 days they've committed an offense, so will take it more seriously.

Regards,

Elsa x

[paulwlton]

You need to make a formal request... they cannot fob you off then.

[Sparkie1723]

You should also specifically request a copy of the signed Banking Contract and the terms & conditions that appertain ton the "alleged" Bank account the "alleged" default relates to

I would send them this SAR.

 

SUBJECT ACCESS REQUEST

Made under sections 7-9 and section 12 of the DATA PROTECTION ACT 1998

and by virtue of the Data Protection (Subject Access)(Fees and Miscellaneous Provisions) Regulations 2000 (S.I. No 191)

Dear Sir/Madam

Ref Account No: xxxxxxxxxxx

Please supply me with all data that you hold on me. This includes in particular, but is not limited

to, the following:-

1. The original signed, Banking agreement and any terms and conditions that applied

to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with any ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurances added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine signed copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

11. Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, nsigned by an authorised officer of your company, confirming the dates and methods of destruction of this data.

12. Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

13. Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial, or which pertains to me.

14. Details of any third parties which have an interest in my account.

15. Full details of any securitisations that any of my accounts have or are involved in.

16. Any other information that you hold with regards to me and or my account.

A complete list of all transactions or statements relating to ALL of my accounts / applications with your organisation.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you have used to recently communicate with me with regards to my private business and which you have hitherto found to be acceptable.

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION.

Yours faithfully,

 

I would also include a cover letter stating that they should pay particular attention to each and every specific point and deal with each in turn fully, as should you find out ate at a later that all the information has not been supplied under this request, it will be considered witholding of documents as has been seen of late with RBS.

 

sparkie

Edited April 19, 2009 by Sparkie1723

[iwannawinlotto]

"I would also include a cover letter stating that they should pay particular attention to each and every specific point and deal with each in turn fully, as should you find out ate at a later that all the information has not been supplied under this request, it will be considered witholding of documents as has been seen of late with RBS."

will that not just drag this problem out for far longer than i really want?

i have read the S.A.R yesterday, but wont asking the D.C.A to get a move on be faster?

I havent heard from them for over 30 days (or there abouts) i am entitled to an update from them. i wrote them a letter yesterday, asking them for an update. that was put in the postbox yesterday, so will see what they say, and if not happy will then just send the S.A.R this really is a nuisance, it's bad enough when you are in debt-it's even worse when you are chased for money you don't believe you owe!

will keep you posted when i hear from Westcot. many thanks for the advice so far.

[Sparkie1723]

I believe the DCA will merely refer you back to the RBS if things get a little sticky for them, it happens allthe time.

 

 

sparkie