RBS + SAR + Apex DCA = Trouble

[rainbow moon]

I have a debt to Rbs made up of consecutive loan agreements, I sent off a SAR some months ago now and I am still receiving info through from them. I have had nine different parcels of stuff from them so far.

 

My problem is that I keep getting letters from a dca called Apex who are supposedly handling this account. I have ignored the first letter as I was waiting for all the sar stuff to come through, are they still allowed to send threatening letters while this request is going on or is there a nice letter I can send back to them?

 

I have no idea if RBS have sent everything to me now as it is all in bits - it will take me ages to look through it all.

 

Thanks for any replies. Rainbow x

[gh2008]

are they still allowed to send threatening letters while this request is going on or is there a nice letter I can send back to them?

 

'fraid so

Normally they will send a barrage of threatening letters before they take any action, although there are a few cases where they will take action quickly.

 

Once you find the important info out, post what's going on and we'll be able to help and advise you what your options are.

 

You could always write to them asking to make 6 months of token payments, if that is all you can afford. Offer them £1 a month and send them an income and expenditure sheet. That should get you some breathing space.

 

Did you send a CCA request as well or just a SAR?

Advantage of the CCA request is that you can pretty quickly assess the situation with regard to the enforceability of an alleged debt and if they don't comply they cannot get a judgement against you.

 

hth

gh

[diamondgirl]

Send the lowlife a letter stating you are waiting for RBS to finish complying with your SAR request. Make sure you send it RD. They will have to contact RBS to check if you have received all the info you required. Make sure you tell them you want everything in writing only. When they reply back have a letter ready to send to say you have to check all the details supplied by RBS before you are prepared to enter into any communication with them and that it all must be in writing ensure you leave space to put their ref no. in and the date of the letter you are responding to (that is if you hear anything back from them.)

If you dont get a copy of your CCA in with your SAR then its worth sending a request to RBS make sure you put in the letter that you want a true copy of your signed agreement.

DG

[rainbow moon]

Thank you both for your replies, I have just started trawling though all the paperwork - it is really daunting with the amount they have sent. A few things have started to crop up, no loan agreements before 2005 have been sent yet I know they were some. I also remember going to the bank to refinance one loan where the cashier pointed out that on the loan to be financed, they had charged me ppi which was useless to me - I cannot find out if or which loan this was charged as a few of the agreements sent do not have details of how the loans are made up.

 

I have had a letter from RBS stating that they have no paperwork for at least one agreement. They have also sent me a letter stating they do not have to send me some information as it contravenes the data protection act. Funnily enough they didn't think that was of any concern when they included my daughters current account details in with mine - I have kept the letter .

I did a cca request which was returned to me as they refused to send the info our due to me not putting my signature on it - they had exactly the same signature on the sar letter and have accepted it for this. I have no agreement through yet though.

 

Apex were chasing for both the loan and overdrawn account although now they only seem to be interested in the loan account now.

 

I have put on the first couple of loan agreements they have sent me below and would really appreciate your comments on them, a few of the others I have yet to upload are bank copies - not sure if that makes a difference?

Thanks again, Rainbow x

 

 

 

 

 

[rainbow moon]

Just another quick question - does anyone know how far back I can go in asking for the loan agreements? I know I had loans as far back as 1998, so far they have only sent me one from 2005, the rest are more recent.

Thanks for any replies Rainbow x

[rainbow moon]

Anyone have any comments on the agreements and if I can ask for the earlier ones or not? Thanks for any replies. Rainbow x

[debbbbsy]

Hi, there is no time limit to how far back they can go. If the account is still active they must comply with the CCA request.

[rainbow moon]

Thanks for the reply, I have not received anything back for over a fortnight now so will send them a letter asking for all the things they haven't sent. Does anyone have any views on the agreements? Thanks for any help Rainbow x

[gh2008]

Does anyone have any views on the agreements?

 

Hi Rainbow

 

I'm afraid they look enforceable to me

There could be issues with the figures - happy to check them if you want to PM them or post them separately on the APR thread that's running - I can dig the link out if you can't find it