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    • Hello all, I would appreciate some advice regarding a recent incident with Rossendales.   Brief background is I bought my current house in 2016 from my mum who inherited it when my Gran died. When my Gran was alive, my sister sometimes stayed there and used her address for various things including driving licence, bank accounts, work documentation and credit. She hasn't lived there since I bought it. The story behind this debt is that apparently my sister parked at my Mum's house in Bury without a valid residential parking permit. She had contacted the council and they apparently had waived the fine before this visit.   In June, me and my girlfriend were woken up at 07:20 by loud knocking. At the door were two Rossendales enforcement agents asking for my sister. I told them she didn't live there asked what the matter was about and they said they couldn't tell me and I needed to show proof of residency which I refused to do without seeing any documents compelling me legally to do so. They proceeded to clamp my car.   I brought them the only evidence I had which was a V5 document. The car is on finance so technically, the finance company owns the car. In the subsequent audio recordings of the phone call, it emerges that they knew the car was on finance. They also asked if my car was a white Ford Fiesta (which is my sister's car) and asked if she was insured on it (she never has been and has never driven that car). I feel like they have attempted to blackmail me into giving them my sister's contact details when it was absolutely nothing to do with me. Admittedly, I probably reacted badly but being woken up before I normally get up by loud banging which terrified my girlfriend didn't give me a good start to my day. They refused to show me any ID or a court order, presumably because they didn't have one. I was told by their complaints handler that they use various methods of tracing people, including credit searches.   I have retrieved the video and audio of that day through DSAR. The video is here and audio recordings of phone calls are here.   They eventually took the clamp off after a couple of hours, citing the fact that the car was on finance. I didn't miss work because of it but I was several hours late.   Additionally, they missed the ICO guidelines for the DSAR and were two weeks submitting the video files.   Is there anything I can do regarding legal action here? I've complained to the leader of Bury Council who has dismissed it without looking at the evidence or listening to the audio.      
    • https://www.financial-ombudsman.org.uk/files/2868/issue117.pdf   Albeit from 2014, p.24 There the FOS insisted the creditor reset the default date to earlier (3 months after the payments stopped, but that was only because there was an agreement with the debtor to have a 3 months ‘payment holiday’)
    • In the first place it must have been over the phone. Could have been by email but cannot remember to tell the truth. I would have sent them an I&E so now I'm wondering if it was by email.I will take a look but might take a time scrolling mails from over 3 years ago 🧐
    • Dear Sir, no payment was made after May 2013, and potentially the last payment was even before this (your client could only examine their records back to May 2013 when they were contacted, and there was no payment showing)   Your client is not permitted to unreasonably delay issuing a default notice, and certainly not with the effect of later attempting to “get around” the statute bar. This will be drawn to the court’s attention should your client proceed with court action, as well as being reported to the FOS, so you may wish to highlight this to them and seek their further instruction.
    • Thanks Honeybee13. Here they are:   For PCN's received through the post [ANPR camera capture]   please answer the following questions.   1 Date of the infringement .     8 / 08 / 2019   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] .    13 / 08 / 2019   3 Date received .  18 / 08 / 2019   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]   Not obviously but does a section of data processing for getting the detail of my car   5 Is there any photographic evidence of the event?  Yes   6 Have you appealed? [Y/N?] post up your appeal] .   Yes   Dear Sir / Madam,   I have just received my parking charge notice (PCN) for stopping at London Southend Airport on 8/8/2019. I understand that stopping on the road is forbidden. However, the reason I  stopped on the spot was to ask a traffic warden where I could park my car temporarily as I was going to pick up my family (it's my first time to London Southend Airport). The officer told me there was not a picking up place. He advised that I should park in short stay car park, which I did.   Considering the situation, could you revoke this PCN please?   Yours faithfully,   Have you had a response? [Y/N?] post it up .   Just automatic response saying a reply will be in 28 days   7 Who is the parking company?    Vehicle Control Services Limited   8. Where exactly [carpark name and town] . London Southend Airport, Essex SS2 6YF
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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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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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