rbs cca request is this valid

[smudge1977]

hello

 

after a little bit of help. before finding your forum and on the advice of local cab i sent off for my cca which i used the letter attached dated 15/3/9. im001

 

i then recieved a response im002 dated 14/9/9 saying they could not find any of requested documents

 

i need to confirm this is fine. i have had one or two things going on this year and forgot id sent the initial letter. and resent one of the sites templates in august but just after ccj issued to me which i must admit i admitted debt.

 

the thing is on my set asside hearing the judge said if i had a request prior to the ccj then he would have considered it.

 

i got this letter by chance by phoning rbs and asking for a copy and luckily enough they obliged.

 

i want to appeal but dont want to waste 75 pounds again if im still in the wrong.

 

thanks for looking

 

rgds

james smith

[postggj]

hi smudge

 

can you repost using photo bucket

 

WITH OUT THE THUMBNAILS OPTION

 

TO SMALL

[smudge1977]

hiya

 

think ive done right as not used before

 

my letter

 

http://i983.photobucket.com/albums/ae317/smudge1977/img001.jpg

 

 

their letter

 

http://i983.photobucket.com/albums/ae317/smudge1977/img002.jpg

 

 

thanks

james

[postggj]

Its Your Lucky Day

 

No Agreement So They Cannot Enforce This Account:-D:-D

 

WELL DONE ON PHOTO BUCKET

[smudge1977]

hiya

 

thanks for that. does this mean the letter i sent was fine.

im due to pay first installment of ccj this month do you advise i do this.

 

 

 

rgds

james

[postggj]

Yes

GO FOR A SET ASSIDE

 

The Creditor Cant Enforce An Agreement While In Dispute Of A Cca Request

 

Go For The Set Asside And Enclose A Copy Of The Letters On The N244 Forms

[postggj]

Pay The Ccj Until The Set Asside Hearing

[smudge1977]

Hiya All

 

I had my original set aside hearing last november and because i did not have the attached paperwork it was thrown out of court.

on returning home i was able to dupe rbs into faxing required documents to me and posted here as above.

However on speaking to the enforcement team back then they told me to apply for set aside again which i did and the hearing wa 070510 which fitted in with rbs request for charging order.

 

The judge was quick to point out that i should have applied for appeal and quickly threw out my request again saying you cannot have 2 set aside hearings for same debt.

he also went ahead and issued the charging order which was secured against my property.

 

i queried the none cca and he said because of my omision on ccj forms the debt is now enforceable and there is nothing i could do about it.

He also advised that i would be wasting my time appealing.

 

I found them patronising on both occasions because i did not have legal representation in place.

 

my query is are they correct and also i am told interest will be charged at 8% which means in the time my house is paid off i could have given them 50k on a 28k debt and will still owe 42k.

 

Im now wondering if there are any good solicitors i can contact dont mind paying but told i have 14 days to appeal.

 

Thanks for help

 

Regards

James Smith

[paulwlton]

Stat Interest doesn't accrue on a regulated judgment.

 

You need to find as much information as possible in order to determine your next move.

 

Alter to suite.

 

 

DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST

 

This Subject Data Access Request is made under sections 7, 8 & 9 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)

 

Please supply us with all data that you hold on us. This includes in particular, but is not limited to, the following:-

1. The original signed, executed mortgage agreement and any terms and conditions that applied at the time of default and at the time the account was opened.

2. Transcripts 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 our account history over this period which has required manual intervention by any person, we require disclosure of any indication notes which have either caused or resulted in that manual intervention.

4. True copies of any assignment and/or default notice or enforcement notice that you sent us with a copy of proof of postage that you hold.

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

6. Details of any collection charges added to the account; specifically, the date it was levied, 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 charges were levied.

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

9. A list of third parties to whom you have disclosed our personal data including Credit Reference Agencies and, a summary of the nature of the information you have disclosed, the reason for this disclosure.

10. Copies of any statement of account for the agreement from its inception.

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, lease provide a declaration signed by an authorised officer of your company, confirming the dates and methods of destruction of this data, and the reason for the destruction.

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

13. Full copies of transcripts of any correspondence in postal, e-mail 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 us.

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

15. Full details of any securitisations that any of our account(s) have or involved in

16. Any other information that you hold with regards to us and/or our account.

17. A complete list of all transactions or statements relating to all our account and applications made to and with your organisation.

 

Enclosed is the statutory maximum fee for this request 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 our identity please let us know by return.

 

However please note that the above address is the one which you have recently used to make any and all communications with us with regards to our private business, which you have hitherto found acceptable.

 

IF YOU ARE UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISTAION REPONSIBLE FOR DATA PROTECTION COMPLIANCE.