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Hello all

 

My first post so please forgive me if I haven't picked up on information already available. I have spent 2 days trawling through all the forums/stickies but seem to have endless tabs in my browser open and finally get frustrated and just close out before taking any further action. Again I apologize if this information is readilly available.

 

My question...

 

I have a default on my credit file for a Personal Loan from the RBS. This loan was taken out to cover the overdraft facility I had on my account back in 2003-2006

 

Now I understand that the bank may have heavily charged me during this period and would like to see if I am eligible for claim agaisnt them for this. If possible even get the default removed (remains to be seen I guess)

 

Can I have a summary of what letters are to be sent first, what do I have to then do once I recieve this information and what actions do I then need to take?

 

Currently I am in the process of requesting the information (Subject Access Request) - in light of some recent posts, do I no longer have a chance of claiming against them? Is it going to be £11 wasted (Postal Ordes)?

 

If anyone can just give me a quick step 1,2,3 that would be brilliant and much appreciated.

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£11? sar is £10.

 

that will show you what unlawful fees they have applied.

 

then we will go from there.

 

if you pop to the homepage

 

you can read up on the current wisdom of how to reclaim these charges.

 

but that will be a while off yet.

 

lets see what the fleeced you for first.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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DX - thanks for the swift reply. I have taken a template letter found in here, the extra £1 is for ...

 

'I understand that under the Consumer Credit Act 1974 section 78, I am entitled to receive a copy of any credit agreement and a statement of account upon request . I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act 1974.

 

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days. '

Do I not need to include this in this letter?

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if you are doubting the enforceablilty of the agreement, then that is a CCA which is 12+2 working days.

that is a diff arguement.

 

however, bear-in-mind an sar will give you a copy of the agreement anyhow [oe make sure its included in the text of the SAR letter]

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thanks dx, will keep you posted on outcome and request advice next steps once I have tallied up how much they have slaughtered me for. Also just read that charges cannot be taken whilst recieving benefits, I know I definately had those too when I was claiming benefits.

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