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Debtcontrol

RBS Account when lived in Scotland - now live in England

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Hello,

 

Have just found this site and it is amazing!!!!

 

I had an RBS account for a number of years, but after running into monetary difficulties, I was advised to switch banks to a different company as was planning to apply for a trust deed and I had 2 CC & 1 current account with RBS. I switched in October 2003.

 

I stopped all DD / SO and my salary with regards to this account and switched them to another bank.

 

Anyhoo, I didn't go for the trust deed in the end as I moved abroad, was very young and thought I could ignore the debt. Stupid.

 

I have now been contacted by a DCA (Nov 2008 ) re the OD that was ran up on this account, after I switched from it - some £480 worth, I have no idea how these were applied as I moved abroad and did not receive the statements. This is the first contact I had about the debt.

When I switched the account and looked at it last it was a few pounds in credit.

I have been paying £25 per month to the DCA in respect of this debt, after reading this magnificent forum, I think thats a mistake!

I have never written to the DCA, only spoke over the phone.

 

Few things to ask -

1. Can I reclaim the bank charges as per the normal route to RBS direct? I dont have a note of the sort code/account number, does that matter?

2. Can I submit a CCA request to the DCA to see if they have my original agreement?

3. I used to live in Scotland, but now live in England, does this have any consequence/relevance?

4. Does the statute barred law apply as per 5 years as I was in Scotland, or 6 years as I now live in England?

5. Can I stop paying the DCA citing the bank charges claim as the reason?

6. Can I reclaim the monies paid to the DCA?

 

Any help would be great - being able to stop paying this DCA and reclaiming the charges - obviously there were other charges applied to the account whilst I was running it - would be tremendous.

 

Thanks in advance for any advice.

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Hello, does anyone have any advice on this, would be most grateful.

 

Thank you.

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1) YES, as far as I am aware

2) Might as well

3) no relevance apart from 4

4) Statute barring on bank charges is July 2001(ie you claim as it stands today from July 2001 up to present on bank charges).

5) I would think so because if they threaten legal action then you can ask them to make your day and do it.

6) Those monies should have been paid towards RBS so are part of your bank charges claim.


.

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

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1) YES, as far as I am aware

2) Might as well

3) no relevance apart from 4

4) Statute barring on bank charges is July 2001(ie you claim as it stands today from July 2001 up to present on bank charges).

5) I would think so because if they threaten legal action then you can ask them to make your day and do it.

6) Those monies should have been paid towards RBS so are part of your bank charges claim.

 

Yourbank, thank you so much. I cant tell you how grateful I am for advice. Have a great day!

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Hello.

 

I am in the process of CCA the DCA for any agreement.

 

In the meantime, I want to write to RBS claiming back all charges applied to my account.

 

I found this letter template here - http://www.consumeractiongroup.co.uk/resources/templates-library/48-bank-templates/111--letter-preliminary-approach-for-repayment

 

I assume thats to go along with the spreadsheet working out the charges?

 

Before that though -

How do I go about obtaining all of my old statements, are there templates on here for that also, or it that a Subject Access Request?

 

Really appreciate any advice offered.

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Hi, Debtcontrol.

 

Yes, your alright with that template, your also right about the Subject Access Request, here's the template.......

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

Regards.

 

Scott.


 
 

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cca doesn't apply to bank accounts

 

ida x


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Hi, Debtcontrol.

 

Your threads seem to be getting very confusing, posting 'links' to your other threads makes it more difficult to follow what you had posted about in the first place.

 

Please try to keep to one thread on each subject and people will advise you when they can, just makes it easier to know whats what :)

 

Thank you for your co-operation ;)

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi.

 

Thanks Scott, no problem. I was planning to keep this for the bank charges, and the other thread for the DCA chasing the payment.

I will stop posting in this one and only update the other one.

 

Thanks for all the feedback, I really really appreciate it.

 

Keep up the excellent work!!!!!

 

You can close/lock this thread if it helps.

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