BCW &RBS v MM

[moneymania]

I have an overdraft amount outstanding on my RBS account. Since I put the account in dispute whilst claiming charges, they issued a default notice.

I send a S.10 notice [ursuant to the Data Protection Act but they refuse to remove the default and beleive they are acting lawfully and within there rights to process my information.

They have now passd the debt to BCW (think they are acting on behalf of RBS). Just received letter from BCW threating legal action blah, blah.

Been reading some of the threads on this company.

Are they actually registered with the Information Commissioners Office?

If not what, what letter could I send?

The information I have on the letter is as follows:

 

Buchanan clerk + wells

11 Elm court

stratford-upon-avon

cv37 6pa

Reg no. 03967099

 

BCW Group plc

 

 

 

I'm not disputing the debt excists, although I could, but as this is an overdraft debt, which, as far as I'm aware is classed as 'no fixed amount, rolling credit'

Does it fall under the CCA 1974? or are the Bank of England exempt from this?

 

Could I request a COA?, or because RBS have just paid my charges back, would that be a foolish thing to do?

 

Any advice would be great

 

Thanks all.

[moneymania]

I have an overdraft amount outstanding on my RBS account. Since I put the account in dispute whilst claiming charges, they issued a default notice.

I send a S.10 notice [ursuant to the Data Protection Act but they refuse to remove the default and beleive they are acting lawfully and within there rights to process my information.

They have now passd the debt to BCW (think they are acting on behalf of RBS). Just received letter from BCW threating legal action blah, blah.

Been reading some of the threads on this company.

Are they actually registered with the Information Commissioners Office?

If not what, what letter could I send?

The information I have on the letter is as follows:

 

Buchanan clerk + wells

11 Elm court

stratford-upon-avon

cv37 6pa

Reg no. 03967099

 

BCW Group plc

 

 

 

I'm not disputing the debt excists, although I could, but as this is an overdraft debt, which, as far as I'm aware is classed as 'no fixed amount, rolling credit'

Does it fall under the CCA 1974? or are the Bank of England exempt from this?

 

Could I request a COA?, or because RBS have just paid my charges back, would that be a foolish thing to do?

 

Any advice would be great

 

Thanks all.

 

Just giving this a leg up!

[Outacash]

Hi MM

 

I am also having trouble with BC&W who say they are acting on behalf of their clients NatWest Bank ... pursuing me for an amount of money which I am disputing.

 

I have reached a stage where following poor response from the bank to my SAR, and non-production of agreements/contracts that relate to the original debt, they passed the account to BC&W.

 

BC&W then offered to reduce the debt by half if paid off within 7 days (impossible of course!).

 

Sent them a letter stating I didn't acknowledge ANY debt to them, and requested they produce agreements to demonstrate I owed the money and that they had taken over the debt (under Consumer Credit Act).

 

No response ... so I have forwarded details to their nearest Trading Standards Office. That was about three weeks ago ... no response from TS so sent them a reminder and copy letter about a week ago, but still no response from them!

 

Latest is from BC&W who say that NatWest have forwarded ALL of the relevent information they have on my account, and therefore the debt is still in place, and they want my proposals for resettlement ...

 

So they are now informed I am taking further advice about their lack of response to my SAR and CCA enquiries.

 

Just about to start my own thread along similar lines to yours by the look of things ... so good luck to us both I think!!

 

Aren't they just a real pain in the proverbial !!!!!

 

 

Hope someone else reading can come up with good guidance on these matters.

 

Cheers MM .... all the best !!

 

Outa

[moneymania]

I have an overdraft amount outstanding on my RBS account. Since I put the account in dispute whilst claiming charges, they issued a default notice.

I send a S.10 notice [ursuant to the Data Protection Act but they refuse to remove the default and beleive they are acting lawfully and within there rights to process my information.

They have now passd the debt to BCW (think they are acting on behalf of RBS). Just received letter from BCW threating legal action blah, blah.

Been reading some of the threads on this company.

Are they actually registered with the Information Commissioners Office?

If not what, what letter could I send?

The information I have on the letter is as follows:

 

Buchanan clerk + wells

11 Elm court

stratford-upon-avon

cv37 6pa

Reg no. 03967099

 

BCW Group plc

 

 

 

I'm not disputing the debt excists, although I could, but as this is an overdraft debt, which, as far as I'm aware is classed as 'no fixed amount, rolling credit'

Does it fall under the CCA 1974? or are the Bank of England exempt from this?

 

Could I request a COA?, or because RBS have just paid my charges back, would that be a foolish thing to do?

 

Any advice would be great

 

Thanks all.

 

BUMP

[moneymania]

Hi all. Does anyone know if the CCA 1974 covers overdrafts?

Surely an overdraft is rolling credit so should be covered. Or are the Bank of England exempt from the law?

 

Any ideas guys & gals before I make a complete ass of myself. :o

[diskmandave]

Hi all. Does anyone know if the CCA 1974 covers overdrafts?

Surely an overdraft is rolling credit so should be covered. Or are the Bank of England exempt from the law?

 

Any ideas guys & gals before I make a complete ass of myself. :o

 

What's it going to cost you to find out? A quid! And the Recorded Delivery fee. Just see where it goes from there, they can only say no and if they do they should send your quid back.

 

And since when has RBoS been the Bank of England?!! LOL!

 

Regards, Dave.

[moneymania]

Hi and thanks for that,

Do you know of any members that done the same thing?

 

Do you know if there is a templare letter for requesting a copy of the agreement for an overdraft?

[moneymania]

Bump

[NailPost]

Ignore BCW and write back to RBS and remind them this matter is in dispute and tell them, in very strong terms, the matter should not have been sent to a debt collector while the dispute is unresolved. Tell them to calkl it back from BCW and you will deal only with them. You could, if you are feeling considerate, send a short note to BCW outlining the matter is in dispute and you will not be writing to them now or ever.

 

If RBS refuse to comply calculate what charges are illegal and claim them back. Send them a letter before action and if they refuse to pay issue a county court claim.

 

In the meantime check your credit file and if either RBS or BCW have issued misleading information (i.e. wrong) about you get it removed using threat of legal action to back you up.

[moneymania]

Thanks nailpost. The unlawful charges are no longer an issue, if you know what I mean . Although they have refused to remove the default notice. I didn't make it part of the charges issue so I feel I have very little leverage now to get default removed.

I have no problem paying the debt owed to them, providing all paperwork is in order.

This is why I'm wondering if the overdraft is covered by the CCA, as it is rolling credit afterall, just like a credit card.

But I have a feeling the big boys may be exempt from the CCA.

 

If any one could let me know either way, I would be very grateful.

[moneymania]

Hi. in addition to the query below.

The charges on our RBS account have been sorted. This process was started in October 2006 and claimed for 6 years worth. I wish to start another claim if possible to claim charges from when we aponed the account till 2001.

Is it possible?

How long do I need to wait before I send another DPA request with fee?

[moneymania]

What's it going to cost you to find out? A quid! And the Recorded Delivery fee. Just see where it goes from there, they can only say no and if they do they should send your quid back.

 

And since when has RBoS been the Bank of England?!! LOL!

 

Regards, Dave.

 

A request for the original agreement is being send recorded tomorrow. Lets see what they say shall we.

[moneymania]

Hi. in addition to the query below.

The charges on our RBS account have been sorted. This process was started in October 2006 and claimed for 6 years worth. I wish to start another claim if possible to claim charges from when we aponed the account till 2001.

Is it possible?

How long do I need to wait before I send another DPA request with fee?

 

 

bump