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RBS defaulting me - no CCA, here we go!


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I wonder why they stated 3 weeks? Did they know something was going to happen then?

 

I'd go straight to a bank branch (with ID) and ask why you can't access your own money......

 

no idea! guess would be so that I think my money is safe for weeks instead of days and when my money is then swallowed up....they get paid. Can see no other motive.

 

The also keep saying the a/c's are not closed lol, they are still open in CMS. They agree that I have absolutely no banking facilities at all now but as they are still open internally, I cannot claim they are closed!

 

WTF?!

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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yup, parachute a/c ready. DWP etc been notified but they said it can take weeks for the change to take effect, so in the meantime I will dog them every step of the way :mad:

 

The more evidence I can collect that they ride roughshod over the CCA, our rights and every other code, the better.

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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Hi Dipply,

Sounds like you need to hit them with a "First Rights of Appropriation" letter asap: http://www.consumerforums.com/resources/templates-library/48-bank-templates/140-right-of-appropriation-stop-the-bank-from-taking-your-money-

 

Beggars belief how they're so happy to leave people without the essentials to live on.

Hope this helps,

Elsa xx

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Hi Elsa, I think I will send that letter to cover my tax credits due next Thurs as I think they will take the longest to change my payment arrangements. Thanks!

 

Something which really concerned me was what the advisor from the FOS said while taking my details. Although her advice was great she did make a comment about my CCA request, she said there was a lot of this about - requesting the agreement but it does not stop you owing the money so it's abit of a red herring.

 

Those were her exact words. Now, to me that implies that the FOS do not see your right to the agreement etc isn't really a big deal and is more of a side issue (much the attitude of the banks). Very misleading and dangerous IMO.

Edited by Dipply75
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Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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technically they're right, failure to supply a copy of the agreement does not negate the loan just makes them unable to collect or enforce it.

 

Bang on, but I hve never asked to write it off or make it go away. I have solid proof that I have NEVER refused to pay this loan, in the beginning |I only asked for a bit of short term assistance and would be clearing the whole balance within months - but she put it like 'it won't wipe the loan so why ar eyou bothering'. No recognition of the bank taking action after defaulting on a CCA request.

 

The bank is taking very specific action on all my a/c's as they claim this was in the T&C's I agreed when signing. (No I did not!) and they cannot prove this now challenged. It just came across like she assumed the only reason I would be doing the CCA thing is to avoid the debt.....am not, that's not my motive for this!

 

The debt exists. What they cannot claim or prove is the terms, T&C's etc. It is breaching these which is the basis of a DN, termination and action on my other a/c's.

 

And by taking my benefits towards the loan is collecting. Now why can't I be that concise on the phone! :)

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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try telling DWP that the account is closed and there's no point in sending funds to it. That should create some kind of response. Failing that, a visit to a DWP ofice to explain, I can't believe there isn't a procedure for this, you cannot be the only person who ever needed to redirect funds!

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try telling DWP that the account is closed and there's no point in sending funds to it. That should create some kind of response. Failing that, a visit to a DWP ofice to explain, I can't believe there isn't a procedure for this, you cannot be the only person who ever needed to redirect funds!

 

Yes that's true. When I change bank account details I told them no funds should be transferred to the old account, I was told that was no problem as they do have the facility to ensure this doesn't happen:)

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Suggest you read the tale of a dodgy default notice thread

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Well their arrogance knows no bounds.

 

After them trying to hold my benefits to ransom and them eventaully agreeing this encashment, I called Thursday morning as instructed only to be told I could not get any money until Friday!

 

Oh, its our systems, we have to be sure the payment has 'cleared' so there is an extra delay. I explained I was told to phone Thurs, I have 3 children and now no money. Phone monkey says it's not his problem and nothing he can do....refuses to let me speak to a manager and tries to stone wall me. I tell him I am recording the call and he gets upset (awwww) and sniffy.

 

Called Customer Relations and advised her that their staff have left my 3 children with no money and demanded money from me before they would allow me my benefits to live on...which is blackmail....and I recorded every word. Huge sigh from the other end and within 10 mins I had access to my money.

 

She could see that the accounts were closed early and could not understand why they wouldn't fix that. She also said that as i am disputing the account due to no cca their solicitors would be writing to me?

 

Okly...bring it on.

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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If the credit was by BACS there is no clearance period. Although they like to leave it till the day after it has arrived, technically you could access the funds within minutes of arrival.

 

Yet more ammo for your argument. Hardly "treating customers fairly" is it?

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If the credit was by BACS there is no clearance period. Although they like to leave it till the day after it has arrived, technically you could access the funds within minutes of arrival.

 

Yet more ammo for your argument. Hardly "treating customers fairly" is it?

 

Oh, good point. It was tax credits and they are paid BACS...thank you :-)

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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