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    • a) Debit transfer into his personal account  b) i - yes     ii - yes   iii - initially quoted £25,000 - £30,000 for the whole job.  This escalated to nearly £44,000.  Would ask for money in stages for materials and labour. c) Runs a Ltd company with his wife d) Assets include van, own digger, dumper and cement mixer but kept in unknown location    Solicitor advised not to throw good money after bad as he could just shut down company.  
    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
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RBS Credit Cards - Failure to comply with SAR


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Have sent a SAR request to RBS for my RBS credit card and Mint Credit card quite a few times now

and they have failed to comply despite me providing all the information they have asked for.

 

The last letter was sent special delivery and I have electronic confirmation that it has been delivered but still no information.

 

I have looked for the letter template to take this further could someone point me in the right direction please

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How did you send the fee.. by postal order or cheque ? If by cheque then of course you can confirm with your bank if htey have cashed it.

 

If by postal order, then you will need to telephone .. 01246 542091 .. you will need the receipt that you received when purchasing the postal order as there is an id reference. If they confirm the PO has been cashed, ask them to confirm in writing for you.

 

When did you send the SAR, when was it received ? they have 40 calendar days to comply.. so if you can let us know how long over this time they are, we can advise further.

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Advice & opinions given by citizenb 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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This is part of my long running fight with RBS that started back in February

They have sent me information on my loans and those have all been settled.

My Direct Line loan is currently being investigated after they finally sent me that information

The credit cards are being deliberately evasive

The original SAR request was sent back in February and the cheque was cashed back then

They originally did not forward the request to the credit card division

Then the credit cards asked for more informatio eg past addresses, date of birth etc which I had already provided to the loan division but this hadnt been forwarded

I have since sent 2 letters, the 2nd by special delivery, quoting the last 4 digits, date of birth and all my previous addresses with no response even though I pointed out to them that were in breech of the 40 day limit

I now need to take further action

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Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Assuming you requested data at the service address below there really is no excuse for their behaviour. I assume you've received the usual obstructive response of a requirement to send additional info to every tom dick and harry within the group?

 

I would be inclined to send them a final opportunity to resolve, e-mail is fine [saves on postal costs]. Post above courtesy of maroondevo for content.

 

Tudor, Joyce \(Retail Compliance, UK Retail\) [email protected]

Joyce Tudor 0131 626 1669 or Margaret Mackenzie 0131 6260 734

 

 

 

Registration Number: Z5619639

Date Registered: 03 August 2001 Registration Expires: 02 August 2013

 

Data Controller: THE ROYAL BANK OF SCOTLAND PLC

Address:

 

36 ST ANDREW SQUARE

EDINBURGH

MIDLOTHIAN

EH2 2YB

Other Names:

 

RBOS

ROYAL BANK

MINT

CHURCHILL

LOMBARD DIRECT

FIRST ACTIVE

LOMBARD BANKING SERVICES

DIRECT LINE

NATWEST MENTOR SERVICES

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Have telephone the numbers given above and unfortunately they do not deal with credit cards.

The only number they can give me is the 0870 number for the credit card centre but you need the credit card numbers to get past that or you just get cut off

Looks like I will have to go the court route to get them to comply

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That's odd, the I.C.O agree that the registered office of the data controller must comply with it's duty.

 

There is only one relevant I.C.O registered address for RBoS Plc

 

Contact number at the following link, I'm sure they will advise:

 

https://www.ico.gov.uk/Global/contact_us.aspx

Edited by Mike_hawk
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  • 3 months later...

Have finally managed to get through to someone in the credit card unit who confirmed that they had my letter and that the information had been sent out to my previous address despite me list ing my current address and signing the form.

He resent the information to my current address and I went to make a PPI claim

When I phoned the line they claimed that they can only send the information to the address on the account and they can not update it as the account is still active and has been sold onto a debt agency and they are the only ones who can change the address.

The credit card debt is statute barred but would be grateful for any advice on how to resolve this issue

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So it believes its OK to send your personal data to a 3rd party address but not OK to update its records to accurately record your details?

 

I would suggest that by sending records to a previous address it is in breach of the act. You may wish to remind it of the data protection principles

 

http://www.ico.gov.uk/for_organisations/data_protection/the_guide/the_principles.aspx

 

Beyond that, the more you put up with the nonsense the longer it will delay

 

Did you call the I.C.O, have you made a complaint?

 

Why would the account be active if its statute barred and assigned to another party?

 

I think you just need to make a nuisance of yourself until it complies, Aileens back this week [RBS Group co secretary], give her a bell and ask her to sort her staff compliance issues 07748 321 155

 

Failing that try her deputy.... Gary Stewart 07826 917362

 

Probably not a good idea to tell them where you found their numbers

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Keep at 'em :-)

 

I'd be inclined to follow up each and every telecon with a short e-mail setting out the points of your conversation

 

icon?k=sr1DFCvn2e83VRmK&emailLookup=1&notFound=1&t=Aileen.Taylor%40rbs.comTaylor, Aileen (Group Secretary)

 

Jan Cargill on all Board and Corporate Governance matters, and Gary Stewart on all RBS Secretariat matters, at the contact details below:

 

Jan Cargill - 0131 626 3860 ([email protected])

Gary Stewart - 0131 626 3957 ([email protected])

Edited by Mike_hawk
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  • 1 month later...

After my email to Stephen Hester I was contacted by someone on their Executive Concerns team who was very helpful.

He even managed to trace another credit card that I didnt know I had and they have settled that PPI claim for the sum of £248.

They also provided me with credit card statements for the card I did know about and they showd that I had paid £38 a month for payment protectiong for approximately 4 years .

I have now received a letter stating that they are rejecting this claim as this PPI was sold on a non advised basis, i distinctly remember being phoned to offer me this cover before taking it, and that they would have paid out on my PPI claim despite the fact that i was on full company sick pay at the time, which is contrary to what happened at the time I made my claim and invited me to submit a new claim.

They also stated that just because they settled one credit card doesnt mean to say they would apply same criteria to another claim

They obviously want to settle the claim I made at that time as it will be sustanially less than settling the PPI mis-selling claim.

They have left me no option but to go to FOS now and I hope they will settle in my favour but appreciate this could take some time the only consolation being that they will have to pay interest for every day they delay

Anyone else had any experience of this and can advise accordingly

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