RBS - lack of a copy of original CCA

[vint1954]

wether or not we think they are allowed to file default with CRA's I am confident they will....

 

here is a post I have just posted on another thread that I think we should all bear in mind and try and collectively do something about....I am going to try and put on as many posts as possible until we can organise a collective front page stand....

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222663-cras-ocs-credit-ref.html

[vint1954]

ask the credit reference agencies when you gave them permission to own share and sell your data..... As more and more people win cases against creditors more defaults will be registered . It is the CRA's that need to be challenged .... By which law are they allowed to even exist and why do we have to pay 3 of them to get our own data from them..... Data Protection Act 1998, they claim. By which misguided piece of legislation where they conceived.... this should be front page CAG as I believe this is even bigger than BANK Charges... why dont we come up with some kind of mass class action against CRA's funded by CAG donations to set some precedents.... if the best we get is a reduction from 6 to 3 years then I think it is a battle worth fighting even 3 years 3 years will probably come in soon, to be in harmony with Europe. is too much though as I believe this should be a centralised database with very strict criteria for entering information.... not paying a twenty pound mobile bill stopping you get a life changing mortgage of say 3.75% is totallu unacceptable ....... what do you think caggers?????

 

Credit Report

Click link to open in new window.

Vint

[diddydicky]

ask the credit reference agencies when you gave them permission to own share and sell your data..... As more and more people win cases against creditors more defaults will be registered . It is the CRA's that need to be challenged .... By which law are they allowed to even exist and why do we have to pay 3 of them to get our own data from them..... By which misguided piece of legislation where they conceived.... this should be front page CAG as I believe this is even bigger than BANK Charges... why dont we come up with some kind of mass class action against CRA's funded by CAG donations to set some precedents.... if the best we get is a reduction from 6 to 3 years then I think it is a battle worth fighting even 3 years is too much though as I believe this should be a centralised database with very strict criteria for entering information.... not paying a twenty pound mobile bill stopping you get a life changing mortgage of say 3.75% is totallu unacceptable ....... what do you think caggers?????

 

Credit Report

Click link to open in new window.

 

there are a lot of "bees" on this forum and a lot of "bonnets" to put them in

 

if we all start raiding other threads to canvass support not connected with the thread it will cause chaos (IMO)

 

 

i think you should start a new thread and not post this on every thread you can find- by doing so you may achieve the opposite of what you intend

[2001captain]

Vint just received my first default notice (uploaded to be read) from RBS what action if any should i take regarding this.

many thanks for your help in advance

RBS default 15022010.pdf

[2001captain]

vint see new posting please

[vint1954]

Hope you have kept the envelope.

 

I assume that if you received it today, having been posted 15th, then it must have been 2nd class or ukmail.

 

Giving 17days to rectify is not inline with the regulations. The notice should state, you have to pay £xxx by date xxxxxx. However in court the judge would normally accept this, unless you can prove that it was sent second class, allowing less than 14 clear days to rectify, which is what you must do. The other mistakes then just add to the case.

[2001captain]

thanks Vint, the letter arrived on Saturday the 20th February. I have retained the envelope as previously suggested but is there any action I should take

[vint1954]

Mark the letter received etc.

 

I take it that it was sent second class?

 

Only action is to wait until they terminate of demand the ballance in full, then send the Unlawful Rescission letter, unless you can make good the default.

[2001captain]

the envelope only has the barcode on it. It is not dated. Where do I get the "Unlawful Rescission letter" from? Is it on another site if so your direction to the letter would be appreciated

[vint1954]

It will have some markings on it in the top right corner.

 

Wait until their next action before worrying about the rescission letter.

[rcholmes]

So they are telling you that the debt is unenforcable and they cannot recover through the courts:)

 

They then go on to threaten you with recording the defaults on your credit file.

 

Remind them that the ICO is not a legislative body and that in order to share your data, rather than hold your data, they need your signed permission. Ask them to kindly provide a copy of that signed permission, reminding them of the consequences of sharing data without your signed consent. ( Besmirching your good name etc ) The compensation can be high if they want to take that risk.

 

Hello

 

I've been looking through this post with some interest and this caught my eye, as I broached this particular subject a while back and was told that whilst the DCA did not have the CCA, they can still register a default.

 

I have no CCA's from three DCA's and had been content to let the defaults sit on my credit file for six years as opposed to paying unenforceable debts.

 

Is writting to them with the quoted content advisable?

 

Did RBS come back wit a response to this?

 

cheers

RC

[2001captain]

Vint i received this letter today terminating my account. any action i should take. Many thanks in advance.

scan0019.pdf

[vint1954]

Yes captain,

 

Fill in the blanks and send this letter.

 

Dear xxxxxxxxxx,

Re account no xxxxxxxxxxxxx Unlawful Rescission.

I refer to your Default Notice dated xxxxxxxxx, received by me on xxxxxxxxxx and your subsequent letter dated xxxxxxxxxterminating the agreement dated xxxxxxxxxxxx, received xxxxxxxxx, in which you confirm that you had in fact terminated the above agreement. I would add that these actions were taken by you, while the account was in serious dispute, owing to your failure to respond to my request under s78 of the CCA 1974.

 

The default notice failed to give me the required statutory time in which to seek legal advice and/or remedy any alleged defect. Your actions resulted in insufficient time for me to even obtain an appointment with a solicitor let alone remedy the alleged default. These actions by you, have resulted in you unlawfully rescinding the alleged agreement.

 

I accept your unlawful rescission of the agreement and I note that you are now entitled to claim those arrears genuinely due at the time of the termination (not including any unlawful charges ) and I would be obliged if you would advise me of the exact amount of those arrears, against which will be a claim for unlawful rescission

 

Yours sincerely

[2001captain]

Vint i received this letter today from Trident Credit Services which appears to be part of RBS. Have you any advise as to any action i should take to the letter.

i look forward to a response

tritoncreditservices.pdf

[vint1954]

You need to write back to them, informing them that the agreement has been unlawfully rescinded, referring them to your letter above. Suggest that they send it back to RBS.

[spartathisis]

Triton are a right shower

 

They are on the next desk to RBS work experience children (sorry staff), as Vint stated. Got three letters from them some time ago, they soon went away with tail between legs!

 

After Triton it will be inhouse Greens Solicitors (reg as part of Nat West), they on the other side of work experience kids and finally it will go to Wescot. They will send back to RBS as soon as you tell them acc in dispute.

 

RBS are poor communicators and their letters give diff info each time even though most are meant to be templates (they usually add a specific to you).

[2001captain]

Vint had a further letter from Triton demanding immediate payment or else threat. Just wait for the next letter i suppose

[vint1954]

I assume that you have sent the letter in post 53. If so just write back to them and refer them to it.

[2001captain]

Vint you are correct i did send the letter you advised me to do

[2001captain]

Vint i received this letter from Triton the other day following your latest advice and the letter i sent. Interesting don't you think?

scan0026.pdf

[vint1954]

Vint i received this letter from Triton the other day following your latest advice and the letter i sent. Interesting don't you think?

Just wait for their response. Always head future letters: Agreement No xxxxxxxxxxxxx - Unlawfully Rescinded.

[angry cat]

I assume that you have sent the letter in post 53. If so just write back to them and refer them to it.

 

Letter on post #53?

[vint1954]

Or #63

[2001captain]

thanks

[2001captain]

Vint the latest action by RBS is to place a default on my credit rating report. Based on the fact that they are refusing to provide me with the info i requested and the number of letter i have sent stating "unlawfully rescinded" are they allowed to place this default and is there anything i can do about it