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    • I'd also appreciate a bit of advice on the process.    Am I expected to provide the evidence for my draft defense at the set aside hearing? Or does that come afterwards?    In order to collect the evidence that I need I will need time to gather the information that Lowell hold in relation to the debt. I have a lot of back and forth emails about a complaint with Lowell for the BT account, they allege that I took out a verbal contract with BT mid term through a previous agreement for "Broadband Equipment" and that I made payments to this account. This is false. I only had 1 account with BT, this was assigned to Lowell previously and I paid it in full. 
    • I am about to file an N244 and was looking for some advice.    Lowell filed a back door CCJ on me at my previous address whilst chasing me at my correct address for a different debt. They are also claiming for two unrelated agreements with two separate companies on the same CCJ.  They obtained a judgement by default in November 2020 which came to my attention on 26/07/21 when I checked my credit record.    Particulars of claim: 1)THE CLAIM COMPRISES THE FOLLOWING AGREEMENTS THE DEFENDANT ENTERED INTO: A. BT PLC WITH REFERENCE ********* AND CURRENT BALANCE OF £299.51 B. VODAFONE FINANCE UK LIMITED WITH REFERENCE ******** AND CURRENT BALANCE OF £135.92 THE AGREEMENTS WERE TERMINATED AS PAYMENTS WERE NOT MAINTAINED AND SUBSEQUENTLY ASSIGNED TO THE CLAIMANT. AND THE CLAIMANT CLAIMS: A) THE TOTAL OF THE SAID SUMS BEING £435.43 B) INTEREST PURSUANT TO S69 COUNTY COURTS ACT1984 AT THE RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT TO THE DATE OF ISSUE, BUT LIMITED TO ONE YEAR, BEING £34.83 C) COSTS   So I need to break down this into a usable witness statement:   I did have letters from Lowell at my current address prior to the CCJ but no longer have them. I have emails from January 2021 and subsequent emails in April 2021 and June 2021 where Lowell include my current and correct address.    Realising that I no longer had the letters from pre the date of the judgement, but they had written to me, I called Lowell on a recorded line in relation to a 3rd debt not mentioned in the judgement:   Lowell confirmed that they previously had my current address on file, but it had since reverted to my previous address as there was no contact at my current address. I pointed out that I had emails from as recent as June this year where they included my current and correct address. The agent confirmed that they had reverted to using my previous address as of 26/07/2021. The same day I found out about the judgement and spoke to their representatives Overdales.    I believe this is grounds for a mandatory set aside as the claimant had my correct address and acted negligibly by sending it to my previous address.   In any event, we had a long history of communicating about the disputed debts over email, I had specifically requested that they contact me regarding these debts only by email.     I wrote to the claimant to request consent for the set aside on these grounds, they refused and declined to give any reason for their decisions when asked.    In case the judge doesn't see the evidence the same way I do, I want to also submit a draft defence.    If you could help me to word the below better I would be grateful:   I admit that I have had an account with BT but do not recognise the account they are claiming for. I settled an account in full with Lowell for a debt with BT in 2018 and deny that I owe them any further money.   I do not recognise any debt to Vodafone.    The two agreements mentioned in the particulars of claim are from two unrelated agreements that relate to two separate companies for unrelated products or services. In order to defend each case on its own merits there should two separate claims issued by the claimant, each with their own supporting evidence.     What do you think my chances of succeeding are?  
    • Thanks for your time and advice dx its very much appreciated. sometimes I get a panic on and think everything is going to happen all at once. In just need to take a step back and soak everything in 🤔   Thanks again dx   G
    • These were hand delivered with a stamp from a gentleman from the company mentioned. I wait to see if the court will give an order of substituted service 
    • if they were serious then once pers service fails they can 1st class post them. obv just done to scare you then.    
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RBS and the Army


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My son went through Army basic training last year at Pirbright. While he was there, his course was given a presentation by someone from the RBS Farnborough, telling them all the advantages of opening an account with RBS. A number of them signed up and arranged for their pay to be paid into their brand new RBS account, including my son even though he already had an Abbey National acount.

He (my son) then arranged for two direct debits to be collected from his account. He then saw his error and emptied his account and then arranged to send his pay to his Abbey account but forgot to cancel his direct debits from the RBS. This started incurring charges, surprise, surprise. When he tried to cancel his RBS account four months later, he discovered that he would have to pay £170 in accrued charges first.

We discovered why his charges had escalated without his knowledge. When he passed out at Pirbright, he was posted to Deepcut but his address was changed to Aldershot??? How did this happen?

The Army use a system where anyone with an RBS account has their address changed to their new unit automatically and without the account holder's knowledge.

Is this legal?

Therefore all of the bank's letters were being sent to the wrong address hence the accrued charges.

Initially, the bank refused to repay the charges, but soon after a telephone conversation between my self and the so called military manager, the charges were repayed in full. I simply threatened the bank with Ombudsman action.

There are a few other anomalies which I won't bore you with here, but I have complained to RBS customer service and they have replied saying that they have done nothing wrong.

i.e. It is OK to open an account without the neccesary photo ID and proof of address.

It is OK to change an account holder's address without their knowledge.

I have now received the bank's final response letter and am about to contact the Financial Ombudsman Service to inform them of the RBS' policies, but would like to hear some other opinions on the matter.

Are there any soldiers who have had similar problems with RBS which would strengthen my case?

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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Not a soldier or a lawyer, but I would have thought that to be in the army, then you would have had to have gone through quite thorough background checks. The army surely would want to know exactly who was in its ranks. Because of this, maybe the army was able to pass on enough details to teh bank to satisfy the anti-fraud measures.

 

I would have thought getting verified by the army would be stricter than getting verified for a bank account?

 

Just my £0.02

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Thank you for your twopence worth Candice. I agree with you and that is the answer the bank has given. However, why don't they apply the same rule to others whose identity is not in question?

Are you aware that long term prisoners in their last year of sentence can go to work for a regular employer, provided they have earned the privilege through good behaviour? These prisoners cannot open a bank account because they cannot provide photo evidence of their identity and have no utility bills.

Some employers will only pay staff through their bank account. Prisoners, therefore, have a limited choice of where they can work.

Surely prisoners' identity cannot be in question either and have they not been stringently checked out to find them guilty?

I feel that banks should play their part in rehabilitating these men and women who have paid their debt to society and have proved their eligibility to rejoin the general public.

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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I never thought of that but it's a good point. I'm not going to debate whether it's right for this to happen (giving convicted citizens automatic jobs per se) but maybe if they already had a bank account open it won't be an issue.

 

I'm either going crazy or can't find reference to the government saying that everyone in the UK should have right to a basic bank account. Lots need them for benefits also. In a way it's a shame that TSB isn't government owned any more, as that seemed to be the logical solution.

 

I wonder if one can apply for an account at the Bank of England? lol

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All I know is that army or police id can be taken to open an account but we are not legally allowed to photocopy it.

We need some address verification too (bank statement, utility bill, driving licence, voters roll search etc etc (full list is about two pages long!) If it's not possible to provide anything like this then I suppose we could potentially have a letter from the army but this would need authorised specially by a head office dept before we opened an account.

 

I once heard a story that a new member of Sir Fred Goodwin's (chief exec of RBS) household staff did not have relevant id (she was foreign) and they had to phone Sir Freds office and politely ask for a personal reference before they were allowed to open an account!

 

If the branch you are talking about regularly opens army accounts they may have different systems in place however.

(Yes I work for a bank but am here to help! Please be nice to me! :))

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Thank you thegoodsamaritan. What do you think about the RBS changing account addresses without the knowledge of the account holder? This actually happens throughout the soldier's career whenever he is posted!

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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Glad to help.

I'm not quite sure what you mean though. Is it when a soldier is moved from say a base in Nottingham to a Glasgow base that the army automatically tells the bank of the change of address?

 

I've a feeling these may not be set up as regular personal accounts because of the way they sound like they're run, could you tell me what type of account they have? (Interest Paying Current Accounts or Royalties or R21 or Key are the usual accounts for personal customers)

(Yes I work for a bank but am here to help! Please be nice to me! :))

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  • 2 weeks later...

The bank gets a print out when a soldier is posted and the bank then changes the address without even informing the soldier. Too bad if the Army gets the address wrong!

 

These are normal bank accounts that Joe Public opens.

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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Sorry I haven't heard of this before, maybe its an army branch thing and unfortunately I don't know of the legality of the army changing soldiers addresses automatically.

If the army have wrongly changed your sons address I'd say they are liable for the charges. Obviously though you could just claim them back through the systems as laid out here.

(Yes I work for a bank but am here to help! Please be nice to me! :))

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Initialy, the bank refused to refund my son's charges but following a heated telephone conversation with the so-called Military manager, the charges were refunded in full. I think that the word Ombudsman did the trick.

 

I have six months to write to the Ombudsman and am waiting a while to let them think I have gone away. Then they will be hit by an Ombudsman investigation when they least expect it. :o

Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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  • 12 years later...

This topic was closed on 03/08/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

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Don't let the fatherless chillen get ya! :grin:

 

Barclays - settled in full £4799.38 ;)

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