RBS - Lewis Debt Recovery - CCA

[SHERLOCK]

Hi Sarah,

 

The refund is around £170 the debt hasn't cleared, this only reduces the amount to £500.00.

Do I push them or go straight to MCOL.

 

I FEEL ANOTHER STRONGLY WORDED LETTER, WITH 7 MORE DAYS TO RESOLVE OR.......LITIGATION, AS THEY HAVEN'T STATED WITHOUT PREJUDICE ON THESE LETTERS AM I TO PRESUME THESE CAN BE USED AS EVIDENCE THAT THEY ARE WILLING TO PAY??

 

As far as I am concerned I have 3 valid points.

 

1) No proof as to claim to HAVE to pay to DCA.

2) Thay had NO right to contact third party and make payments on my behalf.

3) It is not for the OFT to decide if I am entitled to the interest.

 

I am claiming off RBSG, does this not go along the lines as any claim for refund or is it a case of testing the water?

[sarahpp]

Hi Sarah,

 

The refund is around £170 the debt hasn't cleared, this only reduces the amount to £500.00.

Do I push them or go straight to MCOL.

 

I FEEL ANOTHER STRONGLY WORDED LETTER, WITH 7 MORE DAYS TO RESOLVE OR.......LITIGATION, AS THEY HAVEN'T STATED WITHOUT PREJUDICE ON THESE LETTERS AM I TO PRESUME THESE CAN BE USED AS EVIDENCE THAT THEY ARE WILLING TO PAY??

 

As far as I am concerned I have 3 valid points.

 

1) No proof as to claim to HAVE to pay to DCA.

2) Thay had NO right to contact third party and make payments on my behalf.

3) It is not for the OFT to decide if I am entitled to the interest.

 

I am claiming off RBSG, does this not go along the lines as any claim for refund or is it a case of testing the water?

 

Firstly, you won't be able to do a MCOL because the POCs are too long for contractual but, actually, I found N1s easier to complete.

 

Yes, you could give them another 7 or 14 days depending on how generous you are feeling ( I may also have a reply from my letter asking for legislative justification for GE's payment to LDR although I doubt it- it took them 3 months last time!)

 

I don't know which OFT report they are talking about. We are of course referring to the OFT's interpretation of the UTCCR - have a good look through this thread http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/49074-can-we-have-new-6.html

 

I guess you will need to have a think about this because all of the points you have raised are valid ones. For myself, I am sticking it out but, I have not been paid out at the contractual rate.

 

Keep us posted

[SHERLOCK]

The amount with LDR is now within my DMP.

So, it appears they are happy they are getting something and I haven't received any letters from them since.

 

Onto RBSG and the date of events.

 

Oct.

- Deed of assignment to LDR

- CCA to LDR

Nov.

- Statements

Dec.

- Prelim to RBSG (+ contractual, payment to myself)

Jan.

- Offer of refund, NO interest (payment to go to LDR)

- LBA (+ contractual, payment to myself)

Feb.

- Offer of refund + contractual interest (payment to go to LDR)

 

 

1) (I need clarification) RBSG are void of all legal obligation of this account on deed of assignment date.

 

2) I need clarification if they have broken Data Protection Act rules by contacting LDR, IF statement in 1) is Factual.

 

3) Send letter to LDR stating they are in no way to accept or confer information relating to this debt with third parties without my permission.

 

ANY FURTHER ADVICE

[MARTIN3030]

Send them no more letters give them no more time,simply proceed to Court,and proceed for the FULL amount of charges that they have levied.

Get back in the driving seat.

If you have not already done so,send RBS a s10 notice demanding that they refrain from further processing your data to third parties.

You can do it on moneyclaim and submit the further information by witness statement later after it is transferred out of bulk claims,however I agree with Sarah in that filing an n1 in open Court would allow you more space to detail the poc from the outset.

You have given them ample time on this,and now is the time to show them the only thing they will listen to .....a fully completed n1.

 

You should also add to the end of the poc;

 

Claimant requests right of appropriation with regard to payment on settlement,that the defendant pays the claimant directly by cheque,to the address as detailed on the claim form.

[SHERLOCK]

Its my first time in actual application to court, will read up and get back with any probs, Thank You both.

[SHERLOCK]

Right, s10 sent.

Give it a week then n1.

 

 

Thanks for all your advice

[SHERLOCK]

Not completed n1 yet.

Received reply for s10 DPA Request:

 

Monies are due and payable. (no argument)

Default notice was properly served. (no argument)

We consider that our processing of your personal data is fair, lawful and warranted in the circumstances. (no argument)

Given the processing of your personal data had been consented by you, you cannot retrospectively withdraw that consent after the processing has been carried out. (not sure on this point)

We do not accept your notice and do not intend to comply with it. (not sure on this point)

Can someone point me to a thread where the bank have paid out in this instance ( paid monies to the claimant that is) didn't want to pay out court fees if it would just come off debt.

 

Sarah, Martin - apologies for indecision, shall I just go ahead with n1.

Is the poc as in the templates with additional paragraph as per #54 above??

 

Thank You

[SHERLOCK]

Spoke with ICO today, they are of the view that I should check with the FSA and request their guidelines with regard RBSG sharing my data with a third party (the DCA, in my case).

 

Sent FSA an email to clarify a few points and expect a reply within, I believe, ten days.

 

Any viewpoints????

[SHERLOCK]

Had the run around from the FSA, ICO and Banking code of conduct.

 

The latter states that given my case as outlined, the RBSG, in their opinion, would it seems be in a position to make the reduction on the debt to the DCA.

It was also the gentlemans view that this would be considered wholly appropriate conduct and that he does not see why I would have a problem with this!

 

Cheers, Sherlock

[SHERLOCK]

Nothing doing on this account for a while, missed a few payments!!

 

Received a letter from CL threatening further action, balance shows £628.

 

Will have to enquire why the balance is different from RBS refund letter. They give me £153.00 refund from £729.00 balance + I have made a few small payments.

 

GET BACK 2 YOU

[mittymutt]

can anyone help just had letter from lewis debt recovery - notice of assignment to cl finance - is this indeed a deed of assingment - any help would be greatly appreciated - are they known to be sympathetic to offers of payment or are they more aggressive? thanks

[delonbesson]

I was wondering if anyone can help me please. I am divorced living on my own with three kids..the house is under suspended repossession. (i.e can't get much worse!)

I received a court demand from Howard Cohen Solicitors for a joint loan taken out on RBS in 1995. My ex husband used to pay it and then it got into arrears when he left. (by then he was only repaying a small amount)

I filled out the court demands correctly. I got my ex to fill his out. My ex offered to repay at £5 a month as he is unemployed.

I called Howard Cohen to ask if it had been received and she replied yes, and they would get back to me whether the £5 a month repayment was accepted.

Instead of getting back to me I received a CCJ from Northampton County Court for not sending my papers back and ignoring the claim!!!!!

Yet, Howard Cohen claimed to have received them!

is there anyone in Howard Cohen I can complain to?

[gearjamma]

HI FOLKS .LAST YEAR I HAD A DISPUTE WITH H.F.O. OVER A 3G PHONE BILL.SENT THEM THE LETTER ASKING FOR A CCA,THEY SAID THEY COULD NOT SUPPLY THE CCA ,AND THAT 3G DID NOT HOLD ANY CCAs ,AND THAT I HAD TO APPLY AT THE SHOP WHERE I TOOK OUT THE AGREEMENT,WROTE BACK TELLING THEM THAT WAS UTTER RUBBISH ,AND POINTED OUT THAT AS THEY HAD BOUGHT THE DEBT THAT THEY WERE LIABLE FOR SUPPLYING THE CCA UNDER s175 & s189 OF THE CCA ACT 1974.HAVE HAD NO DEALINGS WITH THEM SINCE.THEY CASHED THE £1 ORDER,BUT DID NOT SEND IT BACK,I KNOW THEY SHOULD HAVE,BUT AS LONG AS THEY ARE OFF MY BACK I'LL LET IT SLIDE.THANKS FOR A SUPERB AND HELPFULL SITE,KIND REGARDS GEARJAMMAXXXX