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RBS Default and charges on account opened when i was 13?


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Hello,

 

First post here and i'm looking for some advice!

 

Basically RBS have converted an account i opened when i was 13 (or so!) to some kind of fee paying account. I'm now 27.

I had requested this account was closed some years ago (when i was 19 ish). However RBS deny this.

 

They have racked up £407 of fees and charges on the account.

It shows as a default on my call credit report.

The account is registered at my childhood home and the default date is July 2007.

 

The new owners of that house asked my gran to tell me that RBS were trying to get hold of me. I called and advised them the account had been closed previously etc and to contact me at my current address. I have had no further contact from them however every month there has been a 'd' on my credit report.

Does anyone have any advice on how to go about resolving this. I could pay it off over a couple of months but i am really reluctant to as i feel it is ridiculous!

I never signed up for an account that costs money - and i had requested to close it. Ideally i want the default removed however looking around this site it seems unlikely.

Thanks in advance!

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Hi and welcome to CAG. Sorry no-one has replied thus far.

 

I have a feeling this is going to be very complicated to sort out.

 

I think you are going to have to SAR them to find out when they converted the account and when they started slapping the charges on.

 

DO NOT offer any form of payment. Don't even acknowledge the debt exists.

 

I don't think for one minute that they will have records going back to when you were 13 but they may have them for when the account was changed over.

 

Does your credit file say when the default was registered?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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all that is needed is an admission by the debtor that there is a debt or other liquidated pecuniary claim outstanding and of his legal liability to pay it.

it is not neccessary that the aknowledgement should specify the amount of debt if it can be ascertained by other means,but it must aknowledge a claim ,not merely that there may be a claim,and it must further aknowledge that the claim exists at the date of the aknowledgement or that it existed on a day which falls within the appropiate period of limitation next before action can be brought...

so if this debt is more than six years old and you have never aknowledged it ,then it is statute barred

so you need to ,1st. SAR .

 

Send this request including the £10 fee to the address which your bank has registered with the Data Protection Commissioner as the address of the Data Controller:-

Information Commissioners - Data Protection Public Register

(new address: Information Commissioners - Data Protection Public Register)

 

 

 

[your address]

 

 

 

[their address]

 

 

[DATE]

 

 

 

 

 

 

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

The Subject Access is not limited to my transaction history and it is not limited merely to 6 years of historical information.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interest charges which you have levied on them.

As it is your wrongdoing and mishandling of my account which has created the necessity for this Subject Access Request, I shall also be reclaiming the enclosed £10 DPA subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

 

 

[signature]

 

 

[name]

 

.

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Hi,

 

Thanks for the replies.

 

The default was registered in July 2007 according to the credit report. It is also when the first tried to contact me at my old address. I called and told them to use my current address and heard nothing else...

 

So unfortunately it is not 6 years old and could be still growing. Eeek

 

I only checked the credit report as I'm thinking of moving in the next couple of years and wanted to see how it looked - just as well I did.

 

I'll send off that letter tomorrow thanks patrickq1.

 

I'm anticipating them having the data from 2007 if they are still registering it, so not sure what my next step should be....

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dont worry just wait untill you get all your data you will get all the help you need on here dont forget send it registered post then sit back and wait...

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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the six year rule only begins from when your last payment was entered it does not matter when the defaults were entered..so if had not spoken to or with anyone for six years plus then it could be statute barred

patrickq

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Right, the letter is on it's way. Only problem is I don't even know what the account number is. I presume they can find it from my address though as they have managed to link them for the credit agencies....

 

By the way, i've worked out what they've done. It was a route 15 account originally for kids aged 11 -16

 

They then changed to a route 21 account when i was 16 - fair enough.

Then sometime after I turned 22 (2003) they auto upgraded it to a royalties gold account despite the fact and there was no money in the account. It costs £12.95 per month. As well as ignoring my previous requests to close it!

It can't still be accumulating charges (hopefully), probably just interest as the sums don't add up.

 

Thanks for the advice so far.

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you need to read paul waltons thread with regards to the illegal router accounts so you now need to write the SAR asking specificly about this router account as they are not what you think they are but read pauls thread and ask for his advice also sparky's thread these accounts are not what you think they are and you should not be paying a penny into this account you must deny this account and demand to see any written contract authorising the transfer of nil balances to this account and to substamtiate how the have arrived at a balance of monies owed when you had previously closed the account with them....

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Have you used tha account at all since you became 18yrs?

If you have then you have a problem and will definitely need evidence that you attempted to cancel.

If you haven't then I think that things will be failry easy - although RBS will try to stick their heels in

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If you have ratified the contract since you reached your majority - or did some act which ratified the contract then I',m afraid that it becomes a normal contract under normal adult rules.

So you will have to start looking at your position again but your starting point will be that it was a normal bank account.

The fact that it was started during your minority is not relevant

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