SOMEBODY PLEASE HELP!! me vs rbs

[MARTIN3030]

Ok a couple if things to do.

 

First of all send off the S.A.R - (Subject Access Request) for full statement details of the accounts you hold ALL of them.one 10.00 fee covers all.

Use the template letter (find this in the link below) bank temps letters

If the account was joint and neededboth sigs then both sign the letter.

send this to the head office.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

Secondly send a s10 letter under the data protection act......to the collections dept of the bank this prevents them from further processing your data.This link also below.

If the bank defaulted you and did not provide you with a notice of default then the default is not legal this is something you could take up with your local trading standards.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

You must make the banks collections aware that the account is in dispute,therefore any further recovery action be suspended.If you are happy to make continued payments that you have made by arrangement and can afford to do so then you can do that.

Remember though that the banks collections agency or any dca are likely to say you acknowledged the default by agreeing to make repayments after the account was defaulted.

 

There are 3 or 4 issues here and all have different ways to address them

I hope its clear what you need to do to start the ball rolling.

[MARTIN3030]

where do i get the S10 for should i take this in with me 2moro im gonna try and see the bank manager

 

 

The s10 should be sent to their reg office.

You could take it to your local branch and hand it to the manager.

But if you do this make sure you have a signed dated receipt for it.

[MARTIN3030]

You can ask for a copy if the default as well as a copy of your original signed agreement.

The fee is 1.00 and they are obliged to send you a copy of these under the consumer credit act 1974.

 

Dont want to blind you with too much at this stage.

take it 1 step at a time.

[MARTIN3030]

I have changed slightly to betwee us.......this leaves the question variable.

[MARTIN3030]

Quite simple........it says you have both been account holders and that the period has been over 7 years........dont matter who has been there longest shortest time...........I dont think thats an issue here anyway.

Your request is clear enough.

 

Make sure you keep a copy and when you get a signed receipt for it ....good idea to keep the 2 filed together.

[MARTIN3030]

Yes I will tell you about that after you sort this out.

Its easy to get flustered lets do one thing at a time eh ?

[MARTIN3030]

Ok good luck.

And if they say tha bank manager is busy.....ask to see the assistant.

Dont let them fob you off.........insist that they take this from you.

[MARTIN3030]

Ok try to stay calm.

 

On the correspondence they have been sending you whose names appear there? I mean the letters from the bank

Are both your names on ?

Also for the joint account do you know what the arrangements were for running it ? by this I mean could either of you sign cheques etc or did it need both of you ?

[MARTIN3030]

Is your partner able and in agreement to go to the bank with you ?

 

Obviously if you send it by post to the HO then they would not require you in person.

You may want to think about that one ?

[MARTIN3030]

When you were added to the account do you recall signing anything ?

 

If its the case that they only have the agreement for him then any default would have to be done against him alone.

 

If you are getting demands to pay money back,then by nature they are acknowkledging your association with the account.

 

So cannot deny that you are not a party to it.

[MARTIN3030]

Personally I think it means they are now aware that you dont intend to take this lying down,and they can see litigation in the frame,

 

If its the case that they consider this account to be his responsibility then he will have to submit the requests for information and also the s10.

If they agree that you are both responsible then you will both have to act together.....simple as that.

 

In view of the difficulties I would suggest that the s10 be sent to RBs collections in Telford.

I have personally had dealings with these myself.

The request for the CCA info along with a copy of default notifivation should also be sent there.

 

Your partner should give the manager notice that any recovery action of monies should be suspended.

 

I think tho that all your dealings are best done with Telford now tho rather than at branch level.

I am not really suprised that the manager is not clued up on these matters since its quite a complex business and is handled outside the branch.

He probably knows no more about the procedures than you do.