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Old previous defaulted RBS bank account purchased by capquest


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Hi Everybody

 

I am hoping to get some advise urgently and the right way to proceed.

 

I had a defaulted bank account with RBS after becoming unemployed and I was unable to get out of the circle of charges after charges to the account

and the account defaulted in March 2005.

 

I dont have statements but the default fell off my credit files in March 2011

and but the registered sum of the default was £1315 and the account was never CCJ'd.

 

I would say I was overdrawn to about £500-600 at the time and the bank charges to the account were approx £700-800 with a default of £1315 being registered with all the CRA's.

 

I dont remember hearing anything until around Dec 2007 again until Capquest wrote to me to inform me that they had purchased the debt from RBS.

And I owed a sum of £1719 suddenly

 

After avoiding them for the best part of 9 mths,

they sent me a statutory demand

and I panicked and

 

I called them and agreed to pay £120 per mth (stupid i know)!

 

After paying this for the best part of a 11mth period I have caluclated i had paid Capquest £1260 towards the registered default of £1315.

 

After nearing the amount i queried with them real amount owed before i carried on making any further payments

as the default was from £1315 but they never sent me any breakdowns of how they had added on £459 to the the registered default amount.

I made my final payment in May 2009 and as stated have paid them £1260 to date.

 

I've had the odd occasional letter from them since but

 

in feb 2012 i got letter from past due credits chasing the debt on their behalf and checked my credit files

and past due had done a trace search on me!

 

But on Monday i got a telephone call from them at my place of work!!

Was shocked and angry.

So I know i need to deal with this now and are going to send the 2 following letter below regards to calling me but i want to know the following please if someone can help:

 

1) Can they add interest to te defaulted amount?

As stated default amount was £1315 and I have paid to date £1260 (last pyt in May 09).

So i think owe them no more that £45 and considering £700-800 was of bank charges!

 

2) How can they legally justify adding £459 worth of interest to the defaulted amount?

 

3) How do I put the account into dispute to established the true amount owed.

I know a CCA wont work due to it being a Bank Overdraft.

I have a copy of my Credit Files showing the default amount being registered by them for £1315.

 

Letters below for the phone calls im going to send tommorrow but like to send another letter as well for the amount owed.

 

So i hoping someone can advise please.

 

Thanks in advanced

 

 

FORMAL COMPLAINT - HARASSMENT BYTELEPHONE.

 

Dear Sir’s

 

I am writing in relation to a telephone call which I have received from yourcompany on the 15th October 2012 at my place of work, my mobilephone and my parent’s home as well. Which I deem to be personally harassing tome.

 

I called your number back on the 15th October after a initial call awork colleague of mine had taken from you at my place of work! And I spoke to amember of your staff called Benny. At the start of the call I advised themember of staff that the call was being recorded by myself and I had verballyrequested that no further calls were to be made to my place of work or to anyof other numbers you had for me on your files. I requested they were immediatelyremoved from your records and any further communication to be done by writtencommunication, which Benny your employer had advised they would be.

 

Unfortunately as your company havefailed to adhere to this and with further calls having taken place to my mobilephone as well as my parents home on the 17th October 2012. Numbers,which I have also requested to be removed whilst speaking to Benny.

 

I now require any and all furthercorrespondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you inbreach of The Consumer Protection from Unfair Trading Regulations 2008, and theProtection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of theCommunications Act (2003) s.127 and I will report you to OFCOM, TradingStandards and The Office of Fair Trading, meaning that you will be liable to asubstantial fine.

 

Please treat this also as a formal complaint under the procedures set out bythe Financial Ombudsman (FOS). As such, you are required to send me a copy ofyour company complaints procedure.

 

Furthermore, please note that the FOS consider it 'unfair' for you to continue with phone calls whenrequested not to do so.

 

Be advised that any further telephone calls from your company will be recorded.

Yours faithfully,

 

FAO: Data Controller of (creditor/DCA) - Section 10 notice underthe Data Protection Act 1998

 

I withdraw my consent (under s.10 of the DPA) for you to process mypersonal data with respect to my personal or work telephone numbers registeredwith you or stored on your systems/records.

The processing and use of these numbers is causing significant distress.

 

Advice from The Consumer Credit Counselling Service and the InformationCommissioner indicates that your retention of contact details in the form of acorrespondence address is sufficient to fulfil contractual obligations.

 

This request supersedes any contractual provision that you may claim exists,and any attempt to claim otherwise will not be accepted or tolerated.

 

Under the DPA you have 21 days to respond to this request, and 28days to cease processing and/or remove the data from your systems. Futureuse of my telephone number will be recorded and will indicate a breach of myrequest under the DPA, this will result in a complaint being raised withthe Information Commissioner.

 

You will be deemed to have been served notice of my request and I will deem itserved by 20th Oct “, I am advising you that any calls receivedafter this date will be recorded with the intention of them being used as evidence.

Yours faithfully,

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ignore them

 

i suspect you owed NOWT to RBS anyway

 

crapest spoofed you

those were the days when people didn't know the truth about how SD's were false etc etc.

 

i bet not a PENNNY of the money you paid CQ actually WENT off the debt.

 

pers i'd do nowt

 

other than informing the OFT/ICO about PDC phoning your works.

 

if you really want to get to the bottom of it

you'll need to SAR RBS

 

but i bet they hold nowt on you.

 

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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only inline with the orginal accounts conditions

 

as this was a bank account, NO!!

 

its not credit.

 

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

 

I guess i've got to send the letter regards to the calls to stop them and any further corrospodence in writing.

 

But then i know they will write back demanding the amount owed they claim to be £1719

(which they have added interest or charges onto which has inflated the amount by 30% of the default amount).

 

I want to put the matter to bed but am looking for guidance on the best way of closing this

but taking in to effect that i have paid 1260 of the £1315 the origional registered default amount,

i would be happy to pay them as full and final payment.

 

I'm just not exactly sure how to approach this?

Or even if I should,

which i think is what you are saying.

 

Just want to get them off my back as i have rebuilt my credit score.

 

Im just not prepared to pay any more than the £1315 and for the sake of £45

I would like to close and settle the matter for once and for all.

 

Even if i have to pay that but not a penny more!!!

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if there is no sign anymore of this debt

on your cra file

 

and your have paid what you think you should

 

FORGET THEM.

 

there's nowt they can do to you

 

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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Are you saying that there is only £55 owed according to your figures?

 

Hi yes i believe only £55 is owed techncially as the default registered was for only £1315 and i have paid £1260. So dont see how they can justify the other amount added. Any suggestions? or can they legally added to the defaulted amount?

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i'd wrire a letter

clearly stating tht as this was a bank account

it was not credit & attracted no interest .

 

you are prepared to pay the £55 left since the default and no more

 

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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