RBOS Loan mystery!!

[patrickq1]

hi pebs with dd i dont think he meant it in an off manner dd comes to the point without flowers added on lol but dont take offence he really means well and does ask the right questions most of the time,

[patrickq1]

yes it is in the ICO all the data is their about keeping records,what needs to be done on this occasion is foxy needs to write a letter of complaint explaining to the information commissioner ,the documents she has requested are not forthcoming and between rbs and triton they are trying to frustrate your access to all data they hold including any possible data in any other account ie a router account..she need nt bother the ICO with any details of the case just her request for information is being refused

[foxyflugel]

Thanks Pebsham, Patrick and DD for replying to my post.

 

Pebsham - sorry for the confusion, if I can just clarify.

 

Basically, when OH took the loan out he had a current account with RBS also (this is when the first payments bounced). He was the defaulted in Sep/Oct 2005 and this is when it got sent to collections dept. We then opened up a joint a/c at Natwest and he wanted to pay weekly from this straight into his RBS loan account. They said he could not close his RBS current a/c as this had to be left open to service the loan. They agreed that he would pay weekly into his RBS current a/c and they would transfer over the monies into his loan a/c - sorted - or so we thought.

 

It wasn't until he received the letter (some nearly 3 years later) saying his loan was £6568 (I think from memory) in arrears that it came to light. He never received a statement of account (either on his loan or c/a) in all this time.

 

The duplicate loan stat they have sent seems very odd to me.

 

It says 2007 - 21 sep - balance £15763.20

 

then 2008 - 21 Jan - unscheduled credit £7159.47 (this was from current a/c)

 

2008 - 7 March - unscheduled credit £260.00(also from curr a/c)

 

then 11 March £50

18 March £50 etc etc

until 20 may 2008

at the bottom of the page in the total paid in box it says £7969.47

 

So this is what the fig is made up of Pebsham.

 

Also, it is my belief that when they offered the £300 settlement figure initially, they then witheld the monies from the a/c to make it look like he had taken them up on their offer. When I called Triton at the beg of Jan 2010 they said that no payments had gone to the loan a/c since beg of Dec 2009 - they had left his a/c at Natwest!! This would make it roughly £300 witheld and then applied at the beginning of Jan 2010. He received no letter to say that it was closed or paid in full.

 

Also on the arrears letters from Triton I noticed that it said

 

HIREP LOAN BALANCE

INSTANT ACCESS SAVINGS A/C BALANCE

INTEREST PAYING CURRENT ACCOUNT BALANCE

 

What does HIREP mean????????????????

 

Also on the default notice of 19 sep 2005 it says

 

total amount now outstanding £15763.20

Rebate allowable (if any) £3687.19

Net amount outstanding 12076.01

 

Also I noticed that the reference/ account numbers differ on the original loan and also on the arrears letters from Triton.

 

He took the loan out at 7.9% APR they said it was and it is actually a flat rate loan.

 

Sorry to throw more figures at you but this just gets more confusing - what are they hiding?????

[foxyflugel]

it seems it was triton who were witholding monies without passing it back to rbs until they were caught out...i think whats happened here is that extra interest and charges were added becuase of triton witholding the monies ie the 7000 plus and eventually when it was queried triton has paid it over but penalties have arrived at the door that should nt have happened this is why both triton and the bank are trying to withold information and are deliberately trying to frustrate any claim,perhaps they are thinking along the lines of statute barred and also it does not look like the contract loan has been consolidated in the correct fashion hence no contrac is available...imo

patrickq1

 

Hi Patrick and many thanks once again for your valued response.

 

The £7k was paid into his current account at RBS and they were the ones who failed to transfer it to his loan a/c. They assured me that there was no default as a result of this (I have it in writing). They said initially that he could not pay straight into his loan a/c!!

 

The witheld monies have occured in Dec 2009 and Jan 2010. Being the £300 which I believe they have used - so as to look like he has taken them up on the early settlement figure offer of £300 - which they wouldn't put in writing!!.

[pebsham]

Hi Foxy, thanks for all your time taken to clarify for the thick ( me) amongst us.

 

I really would like you as soon as poss to check Mr Foxyflugel's credit record to see what's on that.

 

I think a letter to both RBS data controller and Triton explaining that you are not satisfied with their response since you know they have more info, (contracts, statements, router accounts and anything else you can think of). Explain that you have written to ICO.

 

If you still get no joy from RBS / Triton a letter before action to seek to recover your believed overpayment. (We'll arrive at a consensus figure on here). The letter should explian that you will seek to recover charges taken "in error" but you need information that they are withholding. Bear in mind in civil court you only have to show balance of probability not absolute proof.

[foxyflugel]

Lol - thanks Pebsham - don't think it's you that's thick - I was just unclear in the figures I stated.

 

This is sooooo frustrating - but my worry now is that it will be statute barred before they start to play ball - but i've got until May 2011 so hopefully that will be long enough.

[diddydicky]

I believe it's actually called a "Subject Access Request" and whilst the information commisioner's office states that all computer information held on you must be provided it also allows for some paper information dependent upon how and why the information is stored.

 

 

Anyway back to the actual business at hand. Since Triton / RBS have stated that the debt is repaid I would request the information that shows the account closure since this must be held by them.

 

Can anybody point me to any legislation that would mean contract information must be kept past the end of the relationship.

 

Could Foxy not sue RBS for sight of the contract / statements etc since she believes that she may be owed substantial amounts due to errors on the part of a large corporation?

 

i THINK i am right in saying that as the contract has ended the only way you would get information relating to the agreement now would be by starting a legal action and then through general disclosure or through special directions

 

yes faux pas there- meant to say that a SAR is a request for INFORMATION they hold about you (not for copies of documents)

 

BTW - no offence intended

[pebsham]

Lol - thanks Pebsham - don't think it's you that's thick - I was just unclear in the figures I stated.

 

This is sooooo frustrating - but my worry now is that it will be statute barred before they start to play ball - but i've got until May 2011 so hopefully that will be long enough.

 

Don't worry too much about "statute barred" it's entirely possible to go past the "6 years" since you were prevented finding out the situation by the bank's unprofessional behaviour. Likewise monies overpaid by yourselves wouldn't necessarily be seen by a judge as a gift under the circumstances you have described.

[patrickq1]

this is why a letter needs to be written to the information commisioner and just put it that they are being very unco operative and are refusing to divulge information as you have reason to beleive they have and are trying to conceal the fact that their has bee an act of gross administration to your detrement..

patrickq1

[foxyflugel]

BTW - anyone any ideas on what a HIREP loan is???????????

[patrickq1]

• Analyse the usage of dates in the Hirep system, analyse the impact of not converting parts of the system to be Y2K compliant.

• Transformation design, code changes, system and integration testing.

Edited March 14, 2010 by patrickq1

[foxyflugel]

What does this mean then Patrick?????????

[patrickq1]

it is possible it could mean your data has been by the looks of things adjusted to some extent ,possibly they thought they were clear of the the whole affair and may possibly have re issued different data to what you think you have and what they think they have ,hence the term hirep data adjustment hope you can understand that and if it has gone to rbs and telford then we all know what happens their they may have boosted figures or altered the data ...so it needs the complaints going in to who ive already said to complain to... hope that makes some sort of sense to you

patrickq1

[foxyflugel]

Understood Patrick;-)

 

BTW the Triton morons get worse. OH received an arrears letter today! Interestingly enough though - the loan a/c doesn't appear on the list - apparently he is in arrears by £50.38 They have listed his c/a and savings a/c - both of which have small credit balances on them. However, they have added a line saying - all a/cs held may not be listed above!! Absolute eejits

 

Will get the comaplint off asap Patrick - and once again thanks for all your help - it is much appreciated.

[patrickq1]

dont worry about the letter they have just sent it is probably designed to promote a rant from you just ignore it and number it in your itemeised filing system as you will need to make a full itimised account of everything day to day as it happens just send the complaint letters in and sit back and wait eventually they will have to come up with an account for all of this and when it does you will then feel vindicated

patrickq1

[foxyflugel]

Patrick - I can't seem to find the template letter for the Information Commissioner and DP non compliance???

[pamelapms]

HI,

 

I have a loan mystery going on myself! Loan was taken out about 15 years ago and about 10 years ago was stupid and never paid for a year, so it went from £4000 to about £12000 and passed to titan. I have been paying £200 a month on this loan for over 10 years now which makes me sick to my stomach, intrest was over 30% so i was not even covering the intrest. I have had meeting with my current bank who offered me a loan to settle this and clear it once and for all and actually be able to pay it off in 6 years. So was very happy thinking all i had to do was call get a figure and get it paid! Not so easy it turns out, they only have one current account in my name in £3371 credit, which is very strange since i was not covering intrest.

Two xmas's ago my payments were returned to me and when i called was told i had wrong details, loan was not paid off and was still around £12000 and the payments they sent me back had to be paid back so i was not in arrears.

So after speaking to about 10 different people today who were very vary in giving me any details really,they said they need to look into it and calculate the balance and will call me back in a few days?? also this makes no sense to me either as your balance should be your balance....whats to calculate????? i asked woman on phone what i should do and they advised to stop making payments, i asked for a letter or email to clarify what she was saying and she would not do so, just leave a note on my account. All just seems very strange to me and dont know what to do. If my payments have been going to the wrong account for 1 1/2 years surely the bank would have contacted me or i would have had someone at my door.....really dont understand all this, feel like for the past 10 years i have been ripped off completley. Also i have done a credit check with experian and no outstanding debt is on my credit recoreds....does not sound right either!!!!!

Since account is so old and when younger was a bit silly i have no documentation regarding this loan at all!!!

 

Any help PLEASE

[paulwlton]

HI,

 

I have a loan mystery going on myself! Loan was taken out about 15 years ago and about 10 years ago was stupid and never paid for a year, so it went from £4000 to about £12000 and passed to titan. I have been paying £200 a month on this loan for over 10 years now which makes me sick to my stomach, intrest was over 30% so i was not even covering the intrest. I have had meeting with my current bank who offered me a loan to settle this and clear it once and for all and actually be able to pay it off in 6 years. So was very happy thinking all i had to do was call get a figure and get it paid! Not so easy it turns out, they only have one current account in my name in £3371 credit, which is very strange since i was not covering intrest.

Two xmas's ago my payments were returned to me and when i called was told i had wrong details, loan was not paid off and was still around £12000 and the payments they sent me back had to be paid back so i was not in arrears.

So after speaking to about 10 different people today who were very vary in giving me any details really,they said they need to look into it and calculate the balance and will call me back in a few days?? also this makes no sense to me either as your balance should be your balance....whats to calculate????? i asked woman on phone what i should do and they advised to stop making payments, i asked for a letter or email to clarify what she was saying and she would not do so, just leave a note on my account. All just seems very strange to me and dont know what to do. If my payments have been going to the wrong account for 1 1/2 years surely the bank would have contacted me or i would have had someone at my door.....really dont understand all this, feel like for the past 10 years i have been ripped off completley. Also i have done a credit check with experian and no outstanding debt is on my credit recoreds....does not sound right either!!!!!

Since account is so old and when younger was a bit silly i have no documentation regarding this loan at all!!!

 

Any help PLEASE

 

Who was the original loan with?

 

I've PMd you

 

Paul

[pamelapms]

it WAS WITH RBS.....VERY VERY CONFUSED

 

SORRY WHATS PMD ??? NEW TO THIS SITE

[pamelapms]

Sorry Hi Paul Stressed Lol

[foxyflugel]

Hi Pamela

 

Pmd means - private message. If you go to your home page you will have a message inbox - Pauls message will be in there.

 

PS you sound like you are in the same position as my OH.

[foxyflugel]

Hi everyone

 

OH received yet another letter from triton morons today saying his account is in arrears (but listing only a current and savings account - which both have credit balances on them). Also says that all accounts may not be listed as there are too many!!!!!!!!!!!!!!!!!!!!!

 

Where do I send the complaint to (mentioned in previous post) and what do I say? Is there a template for this??

 

I would like to send this tommorow if poss - please - any help would be very much appreciated. Cheers in advance.

 

EDIT TO ADD - Just noticed on the account balances stated current a/c £50.29cr savings account £0.09 - this adds up to exactly the same amount (£50.38) they say the account is in arrears - COINCIDENCE???

 

They also say that my OH cannot withdraw the money out of the account - WHY? It's in credit - any suggestions from the experinced and wise would be greatly appreciated.

Edited March 31, 2010 by foxyflugel
additional info

[Sparkie1723]

All I can say is what the RBS has comng to them will be justly deserved, this is just ANOTHER case of secret false accounting and extortion in my personal opinion.

Forward as much information to Paul as you can

 

sparkie

[patrickq1]

hi foxy...i hope you have opened up another bank account elsewhere and use this as a parachute account,until all this is sorted out,like you say they dont seem to know their ass from their elbow...triton you are better to send them a letter requesting them to send all data concerning your OH this will be the SAR ,and then when you have pinned down what is what your complaint should now concentrate on RBS and their strange accounting system bordering on fraudulent accounting ,so i hope you get some answers.

patrickq1

[foxyflugel]

I already have Patrick and it is very vague to say the least. Thanks for your input. Can anyone help me draft a letter to them please??