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    • Thanks for the advice and pointers much appreciated, letter will come from daughter in law but I would type it her up and print it off for her.   The officer told her he could not guarantee it would not happen again like you say I am astounded the Police have time to be stopping a driver who has proved 5 times now that she is legal to be on the road none of it makes sense.
    • We requested evidence for the PCNs and have received this. Where do we go from here?  BW_Legal_Evidence-compressed.pdf
    • Definitely move the cars ASAP, the bailiff will come back and clamp them, don't wait bailiffs can now call on Sundays and most Bank Holidays.
    • What should you do? Totally ignore them. Next time you are there take photographs of Athena's notice at the entrance to the car park plus the position of the others as well as any difference between the T&Cs of their signs. Also a picture of their payment meter as the T&Cs there are often different from the signs. Check with the local council to see if Athena have permission to erect signs and ANPR cameras under the Town & Country [Advertisements] Regulations -they are often online these days. Also ignore any future correspondence from them and their unregulated debt collectors and do not be afraid of ever escalating fees most of which have no basis in Law. The time to come back to us is if they send you a letter of claim where a snotty letter to them may discourage them.Also read other threads on here to get an idea of the numties you are dealing with. One amoeba has more intelligence than all the car parking rogues together. It is still worthwhile contacting Lidl even without your receipt and especially where you have a record of regular visits to them.
    • First, I'm a bit surprised that your local police force has the manpower and time to waste chasing up a complaint from a member of the public that a motability car's paperwork may not be in order, bearing in mind that most forces can't be bothered to follow up reported burglaries, if stories in the popular press are to be believed.  But if that's what the police officer has told you, that's what he's told you.   If you want to follow up his suggestion to make a complaint, check your local force's website for how to do so.  Or (bearing in mind the history of problems that you've had before) write straight to the Chief Constable (website again).   Simply say you want to make a complaint about the number of times your daughter (or whoever) has been stopped by the police for no apparent reason.  Give a list of when and where this has happened and what the outcome was (presumably that the police took no further action).  I would also add that in the latest incident the police officer actually suggested making a complaint about the number of stops.  Not only do you (or your daughter or son or whoever it is) find this police action to be extremely distressing, but you also consider it a waste of scarce police resources.   Ask for an explanation as to why this keeps happening and ask for an assurance that the police will stop doing it.   You may also want to add (see what others advise about this) that the police officer in the latest incident also told you that they had received a call from someone saying that the car's paper work "might not be in order".  Say that you are concerned that whoever made this false allegation is wasting police time.  (You may want to think carefully about this as it may not improve your daughter's relationship with her neighbour!  If the allegation came from the neighbour.)   Those are my initial thoughts but it's a bit late to be thinking clearly.  See what others suggest rather than just relying on my suggestions.   [The letter really needs to come from your daughter (or whichever family member keeps being stopped) and not you, unless you can make it perfectly clear in the letter who it is that is being stopped etc. and that you are complaining on their behalf.  Is that clear?]
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RBS Credit Card Debt & Westcot Credit Services - SCOTTISH LAW APPLIES

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I am currently investigating the enforceability of two credit card accounts which were held with Royal bank of Scotland

 

They merged both cards together at one point, Classic Visa with Gold visa to give one card with one credit limit as opposed to two cards with two limits.

 

I have requested a subject access request report from RBS over a period of several months so that I can fight the case.

 

They have eventually come back to me with some statements for the initial account

however they have admitted that they cannot obtain the credit agreement for the first card (RBS Classic Visa).

 

My issue is that this card was cancelled when they transferred the credit limit over to the other card as there was a zero balance on the card at the time.

 

They have supplied me with the following information which I am now quoting from there letter received by me on Friday 5th March 2010

 

“Our records advise that we have completed a subject access request on the above account which has been sent to you.

However whilst investigating this I have been able to trace statements for you other credit card account **** **** **** ****, I apologise that this information was not sent to you with our previous response.

 

The Fifth principle of the data protection act 1998 states that personal data shall only be held for as long as is necessary to carry out the purpose it was collected.

 

Therefore the Bank holds personal information which is necessary for maintaining your account.

 

As the account **** **** **** **** has been closed for some time, the only information we hold in relation to the account is copy statements.

 

It appears that the account was opened around May 2003 as the statements only date back to June 2003 and shows a zero starting balance.

 

I have enclosed the statements and I confirm that we have been unable to obtain a copy of the signed agreement for this account “

 

My issue is that they merged the two accounts around July/August 2007 when the credit limit increased from £6800 to £9100 (£2300 credit limit used to increase the value on the initial card which was then cancelled)

 

GThey also offered a 0% balance transfer programme at this time as an incentive to merge both cards.

 

They have only supplied me statements from the initial card up to July 2006 even though there was a zero balance up to approx April 2007 when the card was used then cleared again so they are clearly not giving me all the necessary statements in the SAR Request.

 

I am also investigating the fact that the interest rates have dramatically increased since the time the card was taking out and looking at the possibility of an unfair relationship claim if the Unenforceable credit agreement claim fails.

 

Where do they stand with merging the cards since they have now admitted that don’t have a CCA for the card??

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I have been paying a token payment of £25.00 to the RBS forover 4 years now on a defaulted credit card. I have a question in relation tothe Scottish law when it comes to a defaulted account becoming Time Barred.

Due to the fact that I am paying a token payment towards thecard each and every month and have done for four years does this essentiallymean that the default will never become time barred?

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Yes ..............statute barred means where there has been no payment or acknowledgement for 5 years


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Is there any ppi or charges that can be reclaimed ?


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NO PPI on the card, charges now are all associated with the overdue payments. They did however stop charging interest on the card a long time ago so I am only effectively paying what is owed up to the point of default.

 

I incorrectly though that after 5 years this would go away. I take it since I am making payment then until we come to some sort of agreement on a full and final settlement then this can go on until the debt is cleared........ At this rate 15 years!!!!

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this will stay recorded on your credit file for up to 6 years after the account is settled.

 

It may be worth your while to send a SAR to see the amount of charges you could reclaim


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Hi I am in the same boat as you. I have been making token payments to RBS on a credit card for years, interest is frozen. The default has now dropped off my credit file as it is over six years old but because I have been making regular payments the account is not statute barred.

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if you have overlimit fees

get them back

 

dx


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Im probably going to make a settlement offer on this one as I have two complaints now upheld by the IOC and the FOS for lack of information being provided on an SAR and various other requests. In theory If this was to go to court I think they would have egg on there face but not prepared to go that far just want it cleared.

 

If I can get this settled within the next 12 mths the record should come off my file anyway as the default will then have hit the 6 year period where it is recorded on my credit file and the account would have been settled anyway

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I have an old Credit card debt with RBS which defaulted in Sept 2009 approx. £6300 still due. It no longer shows on my credit file as it dropped off last year. I have been paying £25.00 per month without fail every month towards it for more than 6 years. As I have been making payment it doesn't come under the same rules as being statute barred (Or does it?)

 

 

I have received a letter stating that Westcot Credit Services will be managing the repayment plan going forward and they will contact me in 14 days.

 

 

The minimum payment given to RBS was accepted by them in correspondence going back a few years now however they continually asked me to pay more to which I ignored all correspondence and just kept paying the minimum amount that we had agreed. They referred to this as a temporary arrangement.

 

 

What is the situation with Westcot? I clearly don't recognise them as the debtor and as far as I am concerned my original complaint to RBS is still in dispute however it was easier to pay the £25.00 per month.

 

 

If RBS have sold the debt to Westcot then I have grounds for unlawful rescission of contract as they haven't told me they were selling the debt. I assume they are just managing it on RBSs behalf?

 

 

Any thoughts?

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It will never become statute barred as you are still making payments to it...Wetcloffs are merely ambulance chasers...they dont buy debts.

 

Andy

 

PS why does Scottish Law apply? Do you reside and did you enter the agreement in Scotland?


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Thanks Andy

 

I reside in Scotland and the agreement was made in Scotland.

 

Essentially then I can just ignore as I already have an agreement in place?

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Well you have to decide if you wish to pay Wetcloths your agreed amount or continue paying it to RBSs...I personally would have stopped paying it in 2009 and now it would be extinguished (5 years).

 

I would send Wets a section 78 request and see what response you get ....


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oh yes CCA request time!!

 

 

dx


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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I've merged 3 old threads here for the complete history.

 

 

looks like the CCA was non complaint from before?

need to read the whole thread first mind

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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