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    • that was a good saving on an £8k debt dx
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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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walton v rbos


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I do not think it is longer necessaryfor Paul to get any more evidence.....he has enough.;)

 

sparkie

 

My solicitor is now privy to every one of my damning documents.

 

Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Excellent.

 

Valid point though - if you systematically set out to defraud, sooner or later someone will blow the gaff.

david

 

My solicitor has made the banks legal representatives aware that there will be "implications" for their client.

 

My part in this now is to sit back and enjoy.

 

Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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My solicitor has made the banks legal representatives aware that there will be "implications" for their client.

 

My part in this now is to sit back and enjoy.

 

Paul

 

I hope everyone realises also the implications & effect it will have on all Nat West agreements .......as they are owned by RBS and also...... the fact that in CMS Telford Nat West and RBS employees work at desks next to each other,...... each knows what the other is working on and access each others customers credit files accounts etc at will .....and pass on information about them backwards andforwards without the customer knowing anything about it all.

 

sparkie

 

sparkie

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  • 3 weeks later...

The letter below has been recently sent to (amongst others) the FSA and the FSA consumer council panel.

 

Paul

 

 

Dated 8th Feb 2010

 

 

Dear Sirs

 

Further to the recent conversation with an FSA representative regarding my allegations of fraud and false accounting within the Royal Bank of Scotland’s Telford branch (Credit Management service (CMS)

 

I am now in the position to provide the FSA with documentary evidence from several sources (If need be) in order to confirm my allegations.

 

Briefly I have been in a rather distressing, for me long standing dispute with the RBS in regard to the manner in which they have handled my accounts, dispute and allegations, during which time has involved various Court proceedings at considerable financial cost as a Litigant in Person

 

As a direct result of my making a Data Subject Access Request I discovered that RBS Telford use a secret accounting system by which they had set up 2 new accounts to which contractual compound interest was and is being added the sum of which far exceeds the sum total of payments I was making to reduce my indebtedness. In other words unbeknown to me and without any agreement the bank was adding to my debt to such an extent it no longer bore any resemblance to my original debt

 

The only conclusion that can be reached by this behaviour is that if repeated throughout all the RBS debt recovery branches, which I suggest it is, is to ‘inflate’ the banks “book debt”. Furthermore I can prove beyond doubt that this practice by the bank is quite widespread and although they deny they use these inflated ‘internal’ accounts as part of their particulars of claim when issuing proceedings I can again prove beyond doubt that they do use these inflated accounts when seeking possession of a property. Sometimes these actions are not instituted until many years of being subjected to high rates of Interest when, I suggest, the increased debt justifies the bank to take such action.

 

 

The “Router Account”

 

According to RBS’s Chief Executive Mr Alan Dickinson, when defaulting customer accounts are transferred to CMS Telford they are assigned a “Router Account”. Apparently in one explanation given by the RBS the “Router Account” is a mechanism for aggregating the “Book Debt” or/and the customers total Indebtedness.

 

 

Another explanation given is that the newly created accounts are purely for Internal purposes and have no effect on a customer’s Indebtedness, and therefore need not know about them.

 

The “Router Account” is the customer’s personal account data although they are precluded from accessing it. The bank conceals its existence by withholding “Router Account” data from Subject Data Access Requests. Indeed, in my own case RBS confirmed that, “under no circumstances should I have been sent the “router account” including Integral statements” “they were sent in error” – this confirms RBS are concealing data.

 

I have been challenging RBS’s manipulative Internal Accounting practices since 2006 with the help of my right Honourable MP John Healey. My protracted dispute and allegations have featured several times in the media and this has led to other customers coming forward with the same or/and similar allegations.

 

 

The Commons Meeting

 

In July 2009 my MP John Healey arranged and then convened a meeting between senior RBS management and myself in the House of Commons. The RBS only consented to this meeting on the condition it was a “without prejudice” meeting

 

The meeting went extremely well (for me) as I proved all of my allegations but, more importantly the RBS were forced to admit that prior to the year 2000 defaulting customers accounts were set up to accrue interest without legal entitlement.

 

When questioned further by John Healey RBS stated that their “Recovery Accounting System” was defective prior to the year 2000. This defect in the system had serious consequences for the customer and their accounts

 

Having established as a matter of fact that a defective debt recovery accounting system existed prior to 2000, Mr Healey pressed the RBS further with his concerns, and put forward the fact that potentially there could be many more customers affected. This prompted RBS to admit that other customers would be affected.

 

The Effect of this Alleged False Accounting

 

It is inconceivable that customer’s accounts including overdrafts, fixed rate personal loans were required to be set up to accrue quarterly Compound Interest by the use of a “defective” recovery accounting system. Furthermore, if RBS senior Management were/are aware of this why as previously stated are RBS Issuing Court Claims and obtaining legal charges on their Customers property on “recovery” accounts set up prior to the year 2000?

 

 

 

I allege that by covertly using customers accounts to “create” phantom money RBS achieve three goals (possibly more) firstly, they substantially increase their asset value, which has a knock on effect in relation to shares however, the “assets” which they had created did not exist.

 

Secondly when a customer is taken to court and sued, I allege and understand that the phantom money is replaced by real money and Thirdly the phantom money subsumed in the banks “book debt” is possibly a nice little earner when it comes to paying rapacious bankers their perverse bonuses, as it “appears” that the bank is making high levels of profit when in truth the reverse is the fact.

 

Please note another of the RBS customers who I’m in regular contact with Mr Brian Grace is, amongst others, more than willing to provide you with evidence, which I think you will find confirms my allegations

 

Mr Graces MP Mr Andrew Miller also had the same concerns and who also met with the same officials of the Bank at another separate without prejudice meeting at his constituency office, as Mr Grace had the same allegations, his “ Router Account” had been presented in Court documents in his Court case against the RBS, Mr Grace had submitted a Subject Data Access Request in December 2005, from which the RBS concealed this accounting data, yet much to the surprise of Mr Grace presented it to the Court in March 2007 as a fait accompli

 

 

Links to media are attached.

 

Yours Faithfully

 

Paul Walton

 

Cc RH MP John Healey.

Cc John Fingleton.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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The letter below has been recently sent to (amongst others) the FSA and the FSA consumer council panel.

 

Paul

 

 

Dated 8th Feb 2010

 

 

Dear Sirs

 

Further to the recent conversation with an FSA representative regarding my allegations of fraud and false accounting within the Royal Bank of Scotland’s Telford branch (Credit Management service (CMS)

 

I am now in the position to provide the FSA with documentary evidence from several sources (If need be) in order to confirm my allegations.

 

Briefly I have been in a rather distressing, for me long standing dispute with the RBS in regard to the manner in which they have handled my accounts, dispute and allegations, during which time has involved various Court proceedings at considerable financial cost as a Litigant in Person

 

As a direct result of my making a Data Subject Access Request I discovered that RBS Telford use a secret accounting system by which they had set up 2 new accounts to which contractual compound interest was and is being added the sum of which far exceeds the sum total of payments I was making to reduce my indebtedness. In other words unbeknown to me and without any agreement the bank was adding to my debt to such an extent it no longer bore any resemblance to my original debt

 

The only conclusion that can be reached by this behaviour is that if repeated throughout all the RBS debt recovery branches, which I suggest it is, is to ‘inflate’ the banks “book debt”. Furthermore I can prove beyond doubt that this practice by the bank is quite widespread and although they deny they use these inflated ‘internal’ accounts as part of their particulars of claim when issuing proceedings I can again prove beyond doubt that they do use these inflated accounts when seeking possession of a property. Sometimes these actions are not instituted until many years of being subjected to high rates of Interest when, I suggest, the increased debt justifies the bank to take such action.

 

 

The “Router Account”

 

According to RBS’s Chief Executive Mr Alan Dickinson, when defaulting customer accounts are transferred to CMS Telford they are assigned a “Router Account”. Apparently in one explanation given by the RBS the “Router Account” is a mechanism for aggregating the “Book Debt” or/and the customers total Indebtedness.

 

 

Another explanation given is that the newly created accounts are purely for Internal purposes and have no effect on a customer’s Indebtedness, and therefore need not know about them.

 

The “Router Account” is the customer’s personal account data although they are precluded from accessing it. The bank conceals its existence by withholding “Router Account” data from Subject Data Access Requests. Indeed, in my own case RBS confirmed that, “under no circumstances should I have been sent the “router account” including Integral statements” “they were sent in error” – this confirms RBS are concealing data.

 

I have been challenging RBS’s manipulative Internal Accounting practices since 2006 with the help of my right Honourable MP John Healey. My protracted dispute and allegations have featured several times in the media and this has led to other customers coming forward with the same or/and similar allegations.

 

 

The Commons Meeting

 

In July 2009 my MP John Healey arranged and then convened a meeting between senior RBS management and myself in the House of Commons. The RBS only consented to this meeting on the condition it was a “without prejudice” meeting

 

The meeting went extremely well (for me) as I proved all of my allegations but, more importantly the RBS were forced to admit that prior to the year 2000 defaulting customers accounts were set up to accrue interest without legal entitlement.

 

When questioned further by John Healey RBS stated that their “Recovery Accounting System” was defective prior to the year 2000. This defect in the system had serious consequences for the customer and their accounts

 

Having established as a matter of fact that a defective debt recovery accounting system existed prior to 2000, Mr Healey pressed the RBS further with his concerns, and put forward the fact that potentially there could be many more customers affected. This prompted RBS to admit that other customers would be affected.

 

The Effect of this Alleged False Accounting

 

It is inconceivable that customer’s accounts including overdrafts, fixed rate personal loans were required to be set up to accrue quarterly Compound Interest by the use of a “defective” recovery accounting system. Furthermore, if RBS senior Management were/are aware of this why as previously stated are RBS Issuing Court Claims and obtaining legal charges on their Customers property on “recovery” accounts set up prior to the year 2000?

 

 

 

I allege that by covertly using customers accounts to “create” phantom money RBS achieve three goals (possibly more) firstly, they substantially increase their asset value, which has a knock on effect in relation to shares however, the “assets” which they had created did not exist.

 

Secondly when a customer is taken to court and sued, I allege and understand that the phantom money is replaced by real money and Thirdly the phantom money subsumed in the banks “book debt” is possibly a nice little earner when it comes to paying rapacious bankers their perverse bonuses, as it “appears” that the bank is making high levels of profit when in truth the reverse is the fact.

 

Please note another of the RBS customers who I’m in regular contact with Mr Brian Grace is, amongst others, more than willing to provide you with evidence, which I think you will find confirms my allegations

 

Mr Graces MP Mr Andrew Miller also had the same concerns and who also met with the same officials of the Bank at another separate without prejudice meeting at his constituency office, as Mr Grace had the same allegations, his “ Router Account” had been presented in Court documents in his Court case against the RBS, Mr Grace had submitted a Subject Data Access Request in December 2005, from which the RBS concealed this accounting data, yet much to the surprise of Mr Grace presented it to the Court in March 2007 as a fait accompli

 

 

Links to media are attached.

 

Yours Faithfully

 

Paul Walton

 

Cc RH MP John Healey.

Cc John Fingleton.

now i need'nt explain a router account for a second time lol been added to facebook see what turns up jonhssory /

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I would think you would fail on

s.2 [1] A person’s appropriation of property belonging to another is not to be regarded as

dishonest-

(a) if he appropriates the property in the belief that he has in law the right to

deprive the other of it, on behalf of himself or of a third person;

:D

Hasn't the Court already ruled that bank charges are part of their core business.

Edited by lookinforinfo
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I would think you would fail on

s.2 [1] A person’s appropriation of property belonging to another is not to be regarded as

dishonest-

(a) if he appropriates the property in the belief that he has in law the right to

deprive the other of it, on behalf of himself or of a third person;

:D

Hasn't the Court already ruled that bank charges are part of their core business.

 

Bank charges?

 

Section 17 Theft Act 1968 doesn't mention bank charges.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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These are NOT bank charges these are internal accounts where the banks has been unlawfully (as it's not in the T & C's) adding compound contractual interest thereby increasing the indebtedness many fold. When cornered the banks claim these accounts are for 'internal use only' A claim we now know to be rubbish as a number of persons have come forward stating that the bank has taken them to court on the basis of these greatly inflated accounts. Some have even lost their homes, or have had CO's imposed, for what was originally a debt of a couple thousands but which has mushroomed (entirely without their knowledge until they get the banks POC's) to many 10s of thousands of pounds

Edited by JonCris
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In addition when confronted with this duplicity prior to any court hearing they drop their action. In the case of PW they added contractual compound interest AFTER Judgement So even though PW made ALL of the payments required by the court unknown to him the debt was increasing to the extent that his payments did nothing to reduce the debt in fact it actually grew

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Also remember this is the same bank which appears to have introduced the idea of 'reconstructing' agreements

 

RBS claimed that the new accounts are "transitioning" accounts which were required to accrue "administrative" Interest. :confused::confused::confused::confused:

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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What RBS said at the Commons meeting.

 

 

 

Meeting on 13 July 2009, House of Commons

Paul Walton and Richard Helmsley (and others) of RBS

Convened by John Healey MP

 

This is a summary of contemporary notes that I took at the meeting.

 

PW set out his main concerns and criticisms. RH explained the process set up at the time in bank to deal with accounts requiring “recovery” action.

 

RBS response to two main PW challenges:

1 account numbers changed – this was part of arrangements for centralising the handling of such accounts in recovery, “transitioning” them from local branch to central bank management

2 interest was accrued and charged without legal authority – when liability was transferred to bank centre, terms and accounting treatment of interest changed in setting up “administrative” account; the administrative interest changed is a) not what the customer owes; b) not what RBS can charge to their corporate balance sheet.

 

RBS confirmed:

1 interest on PW account was frozen from the date of court judgement

2 errors had been made in PW case in: sending back office statements relating to administrative account; asking PW for administrative interest to be paid; identifying PW overdraft as a “loan” in back office administration.

 

RH apologised for series of errors.

 

RH agreed RBS would: check dates on original account (PW supplied copy); check terms of the loan and whether interest was chargeable when “customer relations had broken down”; check court record at way RBS case was argued and non-disclosures; look at effect on PW and his family.

 

PW wants: assurance that administrative account records been “destroyed”, as he doesn’t want it biting him again in a few years’ time; ill health and loss of earnings compensated; accusations of being “liar” and “fantasist” made in court accepted as wrong when he was making valid arguments.

 

RH undertook to write to JH and PW by the end of following week.

 

 

John Healey MP

17 January 2010

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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BBC radio are wanting to update my case.

 

There will be no holding back.... I am going to go for RBSs jugular.

 

I think it's about time I emailed MR Hemsley a link to this thread.

 

Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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I'll try again. Part one is a joke

 

 

I would think you would fail on

s.2 [1] A person’s appropriation of property belonging to another is not to be regarded as

dishonest-

(a) if he appropriates the property in the belief that he has in law the right to

deprive the other of it, on behalf of himself or of a third person;

:D

 

 

Part 2 is another joke based on a post by Bankfodder about the OFT bank charges decision-

"I have to say that although I followed the Court's reasoning very well and although I can see that their logic is faultless, it was surprising to me that they accepted that the charges formed the core business.

 

That was the issue on which we lost the battle: the banks make so much money out of charges that they now depend upon it.!!!!

 

It was a bit like saying "I am a thief, I have always been a thief, I depend upon thieving so you have to let me carry on doing it. "

 

Hence

Hasn't the Court already ruled that bank charges [ie robbery]are part of their core business.

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Have you heard from RH since the House of commons meetings and has he confirmed anything in writing that he apologised for then.

 

Yes, but his offers were not acceptable. As a prerequisite to reaching any settlement RBS MUST destroy the falsely created accounts set up in my name and furthermore, they MUST show contrition by issuing a written apology.....otherwise the situation will further protract.

 

PW

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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