Cap1 & CCA return

[foolishgirl]

It's possible that as your account was terminated in 2004 RBS do not have any further info. to give you mejules. But it does sound as though you suspect fraudulent activity/identitiy theft on this account.

 

Have you contacted RBS? I think all the banks have a specialist dept. that deals with matters like this. You should certainly report it & also inform the police not they will prob. do much, they'll say it's the concern of RBS but they should give you a report & also the info you need to contact the appropriate bodies re. identity theft.

 

If you have not already done so, I would suggest you also contact the CRAs for full credit reports to see if anything else suspicious is on your files

[lexis200]

Hi mejules

 

To start your own thread, go to the RBS forum - http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/ then click on the blue 'new thread' icon on the top left of the page.

 

Surely they should still have details relating to the account, as 2004 is well within the 6 years limit. They have to keep details for 6 years after an account is closed don't they?

 

In any case, if you cancelled the card then that's it, kaput, account's gone. I don't see how they could have opened up another in your name without your knowledge, as they'd need your agreement to make it valid. This'll obviously be why they're not sending you an agreement - it's either blank or has someone else's signature on it!

 

As foolishgirl has suggested, have you contacted RBS? It may be worth just asking for details of where things like statements were sent to, or even where the card was sent.

 

Anyone in the know, could mejules just state that she does not acknowledge this debt and work anything out that way? If there is no knowledge of the account at all, it seems almost as though going through the motions of saying the CCA isn't enforceable is a defensive move, when really she could do with some form of attack to knock them down with.

[Muffintop]

Hi Lexis

 

How do I start my own thread to get the help?

 

The RBS card is in my husbands name - we sold our 1st property in 2004 we paid this card off in full and cancelled the card. it wasnt until we went to remortgage in June 08 that we discovered they had defaulted the account with a balance owing of approx 3000. We have Subject Access Request them but all they sent was a charges schedule not any statements etc. We found out just recently the couple who brought our property got it reposessed and aparently had nurmerous debts in several different names. We believe that RBS must have sent something to our old property and the couple who brought it used it. Thats why we Subject Access Request'd them hoping it would give us some information as to the activity etc.

This default is causing us lots a financial problems and we just want to know the best way to go about getting it removed, we know it involves alot of work but the debt isn't ours and we want rid.

Can i send RBS court papers if so where can i find the correct one?

 

Many Thanx for any help it is greatly appreciated.

Julie

 

From my professional point of view, the Police should be contacted this is a theft, and should be investigated by them as a crime which would need to be detected one way or the other.

[foolishgirl]

 

Surely they should still have details relating to the account, as 2004 is well within the 6 years limit. They have to keep details for 6 years after an account is closed don't they?

 

They should do but don't always

 

In any case, if you cancelled the card then that's it, kaput, account's gone. I don't see how they could have opened up another in your name without your knowledge, as they'd need your agreement to make it valid. This'll obviously be why they're not sending you an agreement - it's either blank or has someone else's signature on it!

 

This is where it is really odd. If they are saying you still owe money on this account, it has not been closed so they should have the statements AND the CCA.

 

Anyone in the know, could mejules just state that she does not acknowledge this debt and work anything out that way?

 

Yes, she could claim this & make them produce a CCA to back up any contention that she did owe them money.

 

IMO do think it needs reporting as possible fraud - it's obviously nothing to do with you mejules, it's RBS' problem.

Edited January 20, 2009 by foolishgirl
typo

[mejules7]

Hi

 

thanx for all your responses, i will later open my own thread. Can i put a link from this thread to it?

 

On the police said thats the route we first took - they said its not something they would get into and I need to go to the RBS, which is what i did but there are much use as a chocolate fire guard. Said yes the outstanding balance was paid off but they have no records of the card being cancelled nor can they supply me with details as to when a new card was issued. They have sent statements and the card started to be used again 3 months after it was paid off - my argument is though the only address they have is the property I sold.

I've also gone to the places of the more recent purchases on the statements and asked if they could provide any details ie signed visa slips etc but because of the time scale was basically told not a hope!

 

RBS havent chased since my reply about the cca but i know its coming - i feel the best route would be to take it to court force the idiots to prove that we owe the money. I have the bank statement containing the amount paid to them when we paid it off so hoping that'll help along with the none supply of cca etc.

 

Thanx again for all your advice it is greatly appreciated as i feel until now i have been knocking my head against a brick wall.

 

julie

[mejules7]

hi i have finally got to grips with opening my own thread - its

 

mejules against RBS (original not... but hey straight to the point)

 

Please all help is greatly needed and appreciated.

Julie

[foolishgirl]

Glad you've started your own thread mejules but you need to link it with a copy & paste like this:

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/178936-mejules-against-rbs.html

 

Now everyone can find it

[Scrapper]

Foolishgirl

 

After sending the letter you kindly provided me with they are still chasing and I have just received another statement dated after the final letter and they have charged interest and late fees.

 

What are my next steps?

 

Also E-sigs where there is no Y or N? How do I stand on that issue?

 

thanks

 

Scrapper:cool:

[Viscount Stair]

They will continue to send statements and more besides and they will continue to add interest and charges. They should not but they will.

 

I didn't understand the Y or N e-sig point. Can you explain a bit more?

[Scrapper]

I have been sent an agreement which was applied for online for another card, but nowhere on the form doe's it have where I signed online i.e. E-Signature. Theres nothing there at all. In fact it doesn't even have a section for this. This being the case I wondering whether it would be worth challenging them over it

 

Scrapper

[Having_A_Knightmare]

Hi

I have a small claim hearing in a few months and am getting peed of with no information from th Claimant.

I wrote to the Judge the other day explaining this and he has sent an order to the Claimant to serve me with credit agreement, DN etc within 14 days.

 

What happens if they do not supply the information and what do I do.

 

Cheers

 

HAK

[pt2537]

Hi

I have a small claim hearing in a few months and am getting peed of with no information from th Claimant.

I wrote to the Judge the other day explaining this and he has sent an order to the Claimant to serve me with credit agreement, DN etc within 14 days.

 

What happens if they do not supply the information and what do I do.

 

Cheers

 

HAK

Make a formal application to have their case struck out on a N244 .that would be my way of dealing with it

[Having_A_Knightmare]

Cheers Paul

Was thinking that but was trying to save the £75.00

[pt2537]

Cheers Paul

Was thinking that but was trying to save the £75.00

Why?

 

you would get it back plus an order for costs in attending the hearing if successful

[Having_A_Knightmare]

Good point.

Cheers

HAK

[MAGDA]

Cheers Paul

Was thinking that but was trying to save the £75.00

 

Depending on the court (and the judge of course) they will sometimes accept an email sent to the court requesting that the claim be struck out, as the claimant has not responded to the order to supply information. This is what I did with all of mine (four claims issued against us) and the court did strike them out on this basis, so I didn't actually pay any fees. I did telephone the court beforehand and confirmed that they had not received any reponse from the claimant, and asked if it woudl be ok to request the claim by struck out by email (letter to the judge attached) which they agreed was ok. Pt, of course, is correct and the N244 is the official route to go down, but it's worth a try as you may avoid paying the fee.

 

Magda

[Having_A_Knightmare]

Cheers Magna for that

 

HAK

[Viscount Stair]

Haven't tried the calculator yet but I'm afraid I found the advice on the same site about managing your creditors hysterically funny (in the sense that if I hadn't laughed, I would have cried).

 

Apparently DCAs only ever write to people and only ever write to them again if they don't get a response the first time!

 

Apparently, DCAs are incredibly helpful people who will offer nothing but practical advice!

 

Also, it is apparently better to be upfront about your intentions and work towards a solution than just to look for "hoop holes" (whatever they are).

 

Doing things the "right" way does not seem to have got very many of us very far, which is probably why most of us ended up here.

 

I'm sure Channel M were well intentioned but I have to question the source of their advice.

[sosumi]

Can anyone help on this one for me, I found this fiance calculator a few weeks ago, has anyone used it with a creditor and had an offer of payment accepted?

 

Dylan

Sorry - Link removed

same poster, another part of forum..

Offer of payment accepted

I was getting the usual round of calls and letters from three debt collectors, every time i tried to explain my situation to the muppets on the phone i got nowhere, i then found this finace calulator which worked out all my income and spending which i was able to print and send of, all three have accepted my offer for the next six months.. has anyone else used this Surviving the Credit Crunch, Top Tips for surving the credit crunch

 

Dylan

Edited January 24, 2009 by sosumi
Removing the other poster's excessive linking!!! plus note

[sosumi]

- all 4 posts!

2 less after mods took action.

Edited January 24, 2009 by sosumi
good cagbot :D

[elsinore]

 

I'm sure Channel M were well intentioned but I have to question the source of their advice.

 

Could it be because Richard Fenton, their Debt Busting 'Expert' works for/runs a DCA?

 

Els

[Viscount Stair]

Could it be because Richard Fenton, their Debt Busting 'Expert' works for/runs a DCA?

 

Els

That would explain it then. Please ignore my earlier reference to Channel M's good intentions, then.

[Scrapper]

Hi all

 

I have now sent off 3 letters to MBNA

 

1. Copy of signed CCA (T & C only recieved)
   
2. Do not acknowledge ANY Debt (No reply)
   
3. This account is in dispute (Letter I got today)
   

This morning I received a letter from MBNA advising that my they had withdrew my credit line and will inform the credit reference agency of the arrears.

 

Loads of other nonsence about not being able to get a job or loan etc etc etc as it will be on my file for 6 years.

 

Then it goes on to tell me about a default notice and legal action will be taken or passed to a DCA.

 

I didn't think they were allowed to register anything with the credit agency?

 

If they haven't provided a true signed copy what are my next steps.

 

Thanks in advance

 

Scrapper

[ncf355]

Hi folks

 

re termination after invalid default notices, we have the woodchester case and the cca 74 itself, but does anyone know of case law regards unilateral termination of a contract and the need for the other party to agree if it is to be reinstated?

[foolishgirl]

An agreement cannot be an agreement unless both parties agree to it ncf; therefore it follows that is one party terminated the agreement, that is it, the agreement is dead. So if that one party (or even the other party) then wanted to reinstate the agreement, they would both have to sign up to a new agreement. They couldn't just say 'OK let's forget we ever fell out (read terminated our agreement) & we'll just go on as before' You can't turn the clock back, you can only work with the present scenario.