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steve2577

Steve v RBS

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Hi Steve,

 

Depends how you want to handle it. If it were me i'd be saying "I can only afford £x per month so that's all you're getting" in light of there not being an agreement (you could say bog-off - and they might find 'one').

 

Certainly puts you in the driving seat. Have you already been defaulted on this? If so, 'bad credit report' clock would already have been ticking since then or thereabouts so no harm in them reporting you to the CRA's.

 

M

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Right.

 

Send the letter (template letter) from on here regarding being in dispute of agreement. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Note: Where it says "It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data." Change this to read: (well I do anyway) .....................

 

"It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. This especially being that without a true copy of the executed agreement, you cannot justify what authority I gave you as to how you can use my data. I trust you realise that passing my data to third parties can only be done with my explicit authority and you can only pass my data only according to what agreement was made.

Should you not respond within 21 days I expect that this means you agree to remove all such data. (Change to 21 days from 14 days as they have 21 days to say yes or no).

 

*************************************************

 

YES they can send a default to the CRAs but the above amendment should make them think twice. In short, if they put a default (as per the McGuffick case.......... use search on here to get the link if you want to read the case) BUT what you are telling them is: IF you do me a default I will take you to Court. I can claim that I never gave you explicit authority to pass on my data except,for example, for advertising purposes only. (Remember that other thread I told you about? "For administration purposes only"????????). It will be then up to them to prove in Court, having to produce an original to show you had authorised them. And having no copy of the agreement, then they cannot prove it and hence by rights they cannot default you as they cannot prove what authority you gave them.

Edited by nick20045
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Cut and paste is a bit cr@p so will have to make it all same size of typing.

 

There is a couple of threads on here as well about how the ICO says that when a debt is in dispute then placing a default with a CRA is classed as unfair but I have to try and look it up a bit later.

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Default Notice from RBS received

 

 

Jan 2010 :: RBSDN1of2.jpg picture by steve2577 - Photobucket

 

Jan 2010 :: RBSDN2of2.jpg picture by steve2577 - Photobucket

 

 

History

 

Informal letter sent 29th Oct (without prejudice)

 

Formal CCA request sent 20th Nov putting them into dispute.

 

Letter received 21 Dec saying no agreement can be found and this only prevents us from pursueing recovery of the debt through the courts.

 

DN received

 

Nick shall I send the letter you specified on previous thread (I was going to do it but was away and on my return got the DN)

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Default Notice from RBS received

 

 

Jan 2010 :: RBSDN1of2.jpg picture by steve2577 - Photobucket

 

Jan 2010 :: RBSDN2of2.jpg picture by steve2577 - Photobucket

 

 

History

 

Informal letter sent 29th Oct (without prejudice) I have said this before. Give a person a knife and not show how to use it and in time it will hurt them. Without prejudice (if you had bothered googling it before using it) means "This cannot be used as evidence is Court".

 

Formal CCA request sent 20th Nov putting them into dispute.

 

Letter received 21 Dec saying no agreement can be found and this only prevents us from pursueing recovery of the debt through the courts. Did you send the "Account in dispute letter" as soon as you got this?

 

DN received Fair enough. See below.

 

Nick shall I send the letter you specified on previous thread (I was going to do it but was away and on my return got the DN) If it is the letter putting the account in dispute, I would amend it a bit. IF that is what you are on about (and I do not know why you refer to me as I am not your personal assistant and you should seek help from member on here) then I would suggest that you amend the letter, upload it and can see what editing it needs.

Also, any default charges on this account made by RBS? I take it you know by now what this refers to.

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Also, any default charges on this account made by RBS? I take it you know by now what this refers to.

 

Yes

 

What I meant in the post was the letter you drafted in post No 3 on this thread which is only about 3 posts up from your last post.

 

 

 

Steve

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I would amend it where it says "Therefore this account has become unenforceable at law."

 

To say "Therefore, although I note that on the xx/xx/xxxx you sent me a Default Notice of which I confirm service was made on the xx/xx/xxxx, irrespective of this service this account is still unenforceable at law.

 

My opinion but it keeps within the rule

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Hi Steve,

My neice received the exact same letter over a year ago from RBS, in response to a CCA request. I advised her not to enter any further correspondence or make payment unless they tried to collect. They didn't.

She never heard another word from them. Her CRA file was marked as "u" for a while, but last time she looked the RBS entry had disappeared. Sometimes it's best to let sleeping dogs lie for 6 years, unless you desperately want a clean CR. It's against OFT guidelines to threaten court action in the knowledge that it can't be taken, so at worst you'd get passed around toothless DCA's. At best, you'll slip into the twilight zone as my neice has. ;)

Therefore I'd personally do nothing else unless they do, after sending the above letter.

Just my opinion. :)

Elsa x

 

PS: Bear in mind that if you try to reclaim charges, you are acknowledging the debt. In my opinion there is no point reclaiming charges in circumstances when they admit no CCA unless they owe you more than you owe them or it would reduce the debt sufficiently so you can easily afford to pay off the rest, to clear your Credit File.

 

Hope this helps x

Edited by Undercover-Elsa

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Hi Steve,

My neice received the exact same letter over a year ago from RBS, in response to a CCA request. I advised her not to enter any further correspondence or make payment unless they tried to collect. They didn't.

She never heard another word from them. Her CRA file was marked as "u" for a while, but last time she looked the RBS entry had disappeared. Sometimes it's best to let sleeping dogs lie for 6 years, unless you desperately want a clean CR. It's against OFT guidelines to threaten court action in the knowledge that it can't be taken, so at worst you'd get passed around toothless DCA's. At best, you'll slip into the twilight zone as my neice has. ;)

Therefore I'd personally do nothing else unless they do, after sending the above letter.

Just my opinion. :)

Elsa x

 

PS: Bear in mind that if you try to reclaim charges, you are acknowledging the debt. In my opinion there is no point reclaiming charges in circumstances when they admit no CCAunless they owe you more than you owe them or it would reduce the debt sufficiently so you can easily afford to pay off the rest, to clear your Credit File.

 

Hope this helps x

 

 

Thanks all useful info thanks for replying. I will probably sit and wait see what happens in a way they either do nothing or try to enforce and if they do the fun starts.

 

 

 

Steve

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Good plan, Steve.

Just as an extra, the Default Notice is dodgy too...it should state an actual date by which payment should be made, and it should state an exact amount to rectify the breach - not some vague babble about arrears plus whatever's needed to bring it below the credit limit.

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Thanks

 

I am hoping they think I only have a pair of jacks but really I have a full house so need to wait now for termination and enforcement proceedings.

 

I have learnt so much in the last 3 months, I always thought I was above average and uite smart but no way.

 

On this site given time the information available and the help offered is just amazing it's humbled me big time so hopefully I can help others in the future.

 

I have 14 issues and know realistically not all will be succesful but I have some big surprises for those that try and fail to enforce.

 

 

Steve

 

 

 

Steve

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