can RBS default me after issuing a CCJ

[gezwee]

I sent a CCA request to RBS bank for copies of loan agreements they replied saying they needed the account numbers (which I dont know!!) what can I do.

 

I also sent an SAR to RBS for the mastercard & all I got back was a sheet of A4 paper with some 0's on it. not much for my £10

 

Try DSAR route with RBS for loans, should not be any need to list account numbers as you are requesting compliant response to include all data held. All data includes CCA. You could in the meantime pop into the local branch and ask for account numbers, you'll find that staff behind the counters are not of the same ilk as their masters. RBS are just stalling (nothing unusual).

 

As for the Mastercard request...see above post from Scott

[Martynandemma]

sent an SAR request couple of years back all i got were bank statements.

 

As loan agreements are set up as accounts do you think I need a separate SAR for the loans I never got a bank account agreement from them either.

 

all 3 were CCJ's in the end but judgement is against me the default is on my wifes credit file.

 

My hope is to find a way to get the defaults off my wifes credit file

[gezwee]

If you are certain you sent DSAR a couple of years back and have evidence of postage etc then the clock is still ticking (or ticked itself to death in your case). No need to list all a/c numbers as you are requesting all subject data....thats you, not the accounts themselves, just so happens that all subject data will include pretty much everything (barring a couple of exclusions whereby third parties are involved etc) they hold on you; account numbers, balances, statements, charges etc etc.

 

Bank account.....CCA request no good for these, all should still show within a DSAR though. If you have 3 loan a/c's plus a bank a/c with the same OC all would be included within a single DSAR.

 

Are you sure the marker on your wifes credit file is not for a joint bank a/c?

 

Most banks have/will seek to default all named parties on the account and will bring proceedings against all for the same sum.

 

Gez

[maroondevo52]

Hi, Martynandemma.

 

I've moved your post to start a new thread.

 

Regards.

 

Scott.

[Martynandemma]

this is what i sent originally I got back bank statements only no other info at all. The sneaky swines delayed sending me the response to my LBA just in time for the bank charges court case. so I have been waiting for pen charges ever since

 

this is my SAR

Your item with reference DH445350988GB was delivered from our EDINBURGH PRIVATE BOXES Delivery Office on 12/02/07 .

name &

address removed

 

 

Royal Bank of Scotland Plc

36 St Andrew Square

Edinburgh

EH2 2YE

 

09/02/2007

 

Data Protection Act disclosure request

 

Dear Sir/Madam

 

BANK ACCOUNT NUMBER:******* sort code **-**-** & my credit card account (number unknown)

 

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, please supply me with all the account details including sort code and account number relating to myself at the above address, & the address *****& the address ******, & the address of *****, as well as a complete list of transactions and charges relating to my Bank account since 9th February 2001 to the date of closure. Alternatively a complete set of bank statements for that period will be acceptable.

 

I enclose a copy of my driving licence, as proof of my I.D.

 

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

 

I enclose the statutory maximum fee of £10.00 to access ALL data held by Royal Bank of Scotland Plc about myself. You should be fully aware of your statutory obligations under the data protection act and that any failure to comply to this request could result in an investigation from the Information Commissioners Office. You have 40 days in which to comply.

 

Such submissions from yourselves that the relevant data is now only held on Microfiche in date order and can only be provided at extra cost etc is unacceptable as it implies that such data is nonetheless retrievable. In these circumstances, as opposed to copies of statements for the micro-fiched period, I will accept a detailed break-down of all charges levied to my account in date order.

 

Yours faithfully,

[Martynandemma]

on reading it again they have taken me literally, as I state that a full set of bank statements will surfice

 

perhaps I should send another SAR requesting all loans & other paperwork be included.

 

no CCJ info either

 

what do you suggest my next move should be

[gezwee]

I'd be inclined to get a new DSAR in the post to them, no need for specifics in your request. The template on here is good as it stands and you leave it open to (mis)interpretation if you start asking for specific account info. You are requesting ALL data that they hold, the onus is on them to search archives in complying.

 

If you can afford the £10.00 each I'd think it prudent for your wife to DSAR at the same time..... just in case some info is logged against her only and vice versa

 

Where you go from there very much rests on their response. Hopefully this will give you a clearer picture of where you stand on all accounts.

 

Not much else you can do at the mo until you take the first step. Would use the time waiting for their reply in reading some of RBS stalling measures posted on here so at least you know what you're in for

[Martynandemma]

I have had a long standing charges claim with RBS which was dragged out so I got held up by the test case

 

I had the account closed ages ago so I do not have a current account with rbs anymore.

 

If I want to get them to look at it for a hardship case as myself & my wife are both unemployed. My question is as they are no longer my bank am I still able to claim on the hardship basis ?

[Martynandemma]

I had a ccj from rbs mastercard back in 2003. Now obviously to get a CCJ they must have defaulted the account.

 

on the 25 June 2007 I was sent a default notice as I still have £1932 to pay

 

My question is how can you get a default notice on an account thats already been defaulted ?

 

I also sent them an SAR a while back all I got back was a single piece of paper, an exel spreadsheet with 2001 - 2007 on it all months & 0's for late payment charges & overlimit fees. What should I have got

[Guest Old_andrew2018]

I'm not sure my reply is to BUMP your thread, IMHO however I think you can.

 

Andy

[Guest Old_andrew2018]

Bump

[Martynandemma]

Hi all,

 

In view of todays decision I have a question.

 

The test case was on overdraft charges, surely we can still claim bounced check charges, debit card misuse charges,unpaid direct debit charges as these are not charges for going overdrawn.

 

99% of my RBS charges were for these as I had an agreed overdraft limit

 

Am I right ??

[Martynandemma]

Hi all,

 

In view of todays decision I have a question.

 

The test case was on overdraft charges, surely we can still claim bounced check charges, debit card misuse charges,unpaid direct debit charges as these are not charges for going overdrawn.

 

99% of my RBS charges were for these as I had an agreed overdraft limit

 

Am I right ??

[Rhinoagainstcharges]

In the decision by the Lords overdraft charges are defined and DO include the charges you mention

[Martynandemma]

I am so angry at RBS

 

Today they called me well past the 21 days time limit they CLAIM they are allowed to respond in.

 

Turns out they made a decision to reject my hardship claim on 24th November!! (didnt I get the letter?)

 

Yet their main system has no details of this. Never got the letter of course!!

 

Now I have to tell my kids we might end up on the street as I cant afford to pay the small rent arrears. Council tax is over £1500 in arrears so I lose £20 a week of my job seeker allowance.

 

Can barely afford to buy food each week but RBS say thats not hardship.

 

Well thats just fine I will now get in touch with all my creditors & tell them they are getting 50p a month from me as I cant afford it

 

British gas are [causing problems] us on the PAYG meter how can you get through £5 of gas in 24hours??

 

They have not heard the last of me I am now going to go for a claim adding full restitutionary interest at a compound rate. They are really going to regret this

 

Any tips advice on where to go from here ?

[gill2277]

I am so angry at RBS

 

Today they called me well past the 21 days time limit they CLAIM they are allowed to respond in.

 

Turns out they made a decision to reject my hardship claim on 24th November!! (didnt I get the letter?)

 

Yet their main system has no details of this. Never got the letter of course!!

 

Now I have to tell my kids we might end up on the street as I cant afford to pay the small rent arrears. Council tax is over £1500 in arrears so I lose £20 a week of my job seeker allowance.

 

Can barely afford to buy food each week but RBS say thats not hardship.

 

Well thats just fine I will now get in touch with all my creditors & tell them they are getting 50p a month from me as I cant afford it

 

British gas are [causing problems] us on the PAYG meter how can you get through £5 of gas in 24hours??

 

They have not heard the last of me I am now going to go for a claim adding full restitutionary interest at a compound rate. They are really going to regret this

 

Any tips advice on where to go from here ?

 

 

 

i know how you feel, the rbs are a bunch of cowboys..not only do they charge these bank charges of £38 they then send you a letter saying you are due and extra £20 for getting a bank charge and on it goes,

 

i didnt get anywhere with the bank and sent off a letter to the financial ombudsmen, only to get a reply saying that rbs say we werent in hardship as we dont have any loans with rbs?? so all the other bills and debts we had meant nothing to them..

 

although my hubby is back at work were still not much better off, if at all..bills are mounting up and debts still need to be paid, hey ho!! i dont see there being anything else i have the energy to do regarding reclaiming these charges....

 

like you my creditors are being told that i cant pay a lot back to them and they will have to lump it lol..

 

hope things work out for you

[Martynandemma]

The CCJ was given in July 2005 for a loan I had and

 

 

the nasty people at RBS added several hundred pounds of charges etc to my current account and added both together

 

 

on the court claim "closed" the bank account down and filed to the courts.

 

 

I started repaying the debt back then, stopped paying it in 2006 and made a few payments to intrum justicia in 2008.

 

 

Heard nothing fromany of the DCA's or RBS.

 

 

I even tried to find out who I should be paying it to.

nobody knew so I gave up and figured that the CCJ was coming off my Credit file in July this year anyway.

 

 

It has come off of my credit file now.

 

 

Why are Lowells chasing me for the bank account part of the debt when it was merged with the loan debt for the CCJ ?

 

 

Hence my question, can they do this? and what letter can i send to them to tell them where to go.

 

Dispite it not appearing on my credit file as mentioned earlier it is not statute barred until 2014 due to me paying something off of the debt in 2008.

 

 

RBS are not my favourite people after refusing to give back my penalty charges due to the court decision.

 

 

Of course I cant claim them back now anyway as they are over 6 years old!

[dx100uk]

thanks makes more sense.

 

they have no call on you

it was dealt with by the CCJ.

 

i would suspect they know nowt about the ccj either.

 

pers i would ignore them..

 

if you cra file shows neither this debt nor the ccj anymore

 

dx

[Martynandemma]

Thanks, seems like good advice to me, all they ever do is send these stupid letters. I am going to return to sender the next time i get them!

[dx100uk]

no just scan them and then shed for the hamster

always worth a record for harrassment purposes.

 

dx

[Martynandemma]

don't have a hamster lol! sure i can find a good use for them !

[twofoot]

Ignore them for now. If they get stroppy send them a prove it letter. They probably have nowt anyway.