walton v rbos

[JonCris]

I want to send this tomorrow with my application for compliance with my sec 77 request. Is it ok.

 

1 It is admitted that a judgment by installment order was obtained in October 2006 by Tesco Personal Finance Ltd (“the applicant”) against (“the recipient)) with the court setting a figure of £46.00 per month to discharge the debt.

 

2 It is also admitted that on occasions the £46.00 monthly payment has been late in arriving to the applicant as the recipient as forwarded cheques. This may have been due to a number of circumstances beyond the recipients control such as the applicants own admin /cheque clearing times, postal delays, Bank Holidays etc. However; the account was rarely in arrears, and on such limited occasions the position was soon rectified. I would also make the court aware that the applicant has not adhered to the recipients requests to forward a standing order form; this would have negated the position of any late payments.

 

3 I believe it would be unfair on my partner and children if the court does grant the Charging Order. My children are settled in local schools and are in close proximity to their family and friends I have grave concerns that the applicant would then try and force a sale of the property in retaliation to my partner revealing the applicant’s controversial internal accounting practices on National radio. If the court decides to enforce the judgment I respectfully ask the court to consider an alternative method of enforcement by way of attachment of earnings, as the debt is solely my liability.

 

4 I wish to draw the courts attention to the Charging Orders Act 1979 in particular sec 1 (5) (a) below, with consideration taken to paragraph 2and 3 above.

 

(5) In deciding whether to make a charging order the court shall consider all the circumstances of the case and, in particular, any evidence before it as to—

(a)

the personal circumstances of the debtor, and

(b)

whether any other creditor of the debtor would be likely to be unduly prejudiced by the making of the order.

 

 

 

5 On 19 August 2007 and after seeking advice from both my local Trading Standards and the Office of Fair Trading (the regulatory bodies which govern holders of consumer credit licenses such as the applicant, and enforces breaches of the Consumer Credit Act) I requested a “true copy” of my loan agreement pursuant to section 77 CCA 1974 and a statement of account, I made the request to make sure my payments were up to date and that the bank was not charging post judgment interest. It is noted that paragraph 1 of the interim charging order makes reference to further interest. I put the applicant to strict proof of their legal right to apply post judgment interest as it is my understanding that the court is precluded from allowing such interest to be applied under a regulated agreement.

 

6 On the 29 August 2007 the applicant refused to comply with my section 77 request and has continually refused on further occasions to forward a statement of account. It is my belief that the reason the applicant is circumventing its obligation under the said Act is because the agreement has been subjected to the judgment, however, rights remain under the contract and by denying me these rights the applicant may have committed an offence. It is the view of my local trading Standards and the Office of Fair Trading that until the debt is discharged then sec 77 requests are valid and binding post judgment. I submit the Office of Fair Trading’s correspondence with this application.

 

 

7 The applicant also seems inconsistent with its post judgment statutory requirements. The applicant’s senior management is fully aware and agrees that Consumer Credit judgments are sought for the principle sum together with the remainder of the interest expected to be repaid over the term of the loan, and that judgment is granted on this basis. Accordingly, if the full amount was to be repaid earlier than the original term, then the interest element would be rebated pursuant to sec 94 and 95 Consumer Credit Act 1974. I contend that it is not for the applicant to pick and choose what section of the Act it is allowed to comply with, but must comply with all its' duties and obligations under said act. The recipient further submits correspondence from the applicant’s senior management with my application.

 

8 The recipient wishes to draw the courts attention to a letter received from the applicant dated 23 January, 2008 in which it appears that the applicant has annulled the installment order of £46.00 per month and then attempted to coerce the recipient into paying more monies by the threat of a charging order. Once again it is noted the account was not in arrears.

 

9 It is the recipient’s belief that once an installment order has been ordered by the court then both creditor and debtor are legally bound by the agreement and therefore it is not up to the applicant to subvert the courts earlier ruling by forwarding correspondence intended to mislead.

 

10 The recipient also whishes to draw the courts attention to the extremely important judgment (Mercantile Credit Co v Ellis 1987) in which it was confirmed that if a judgment installment order is not in arrears then the court should not grant a charging order. I can confirm the installment order is not in arrears.

 

Submission to the court

 

11 I respectfully submit that I do not know what case I have to answer, as the application does not disclose any just cause or grounds for an enforcement order with any reasonable prospect of success. Furthermore the recipient contends that the application is an abuse of the process of this Court and in compliance with the Civil Procedure Rules 3.4 can and should be struck out.

 

 

12 In addition, the recipient contends that the applicants conduct in issuing the claim is vexatious and retaliatory in nature due to the fact my partner was responsible for the recent exposure in the National media of the bank’s controversial internal practices, And that the recipient is aware of the economic relationship that exists between both parties by way of joint accounts and, same address etc.

 

13 I further submit that my reasons for concluding that the claimant is knowingly acting out of malice aforethought is because although the debt is a matter for my Wife the claimant addressed the claim to me and not to my Wife as they should have. This indicates to me as I hope it does to the court that my allegations of malice on the part of the claimant have a foundation in fact

 

13 If the court decides that there exists a case to answer and in order to defend the applicants notice I respectfully ask that the court (for the purpose of expediting the case) orders the applicant to disclose the information requested by myself pursuant to sec 77 Consumer Credit Act 1974, that is a true copy of the signed credit agreement upon which it seeks to enforce the agreement, a statement of account including any terms and conditions that applied to the account at the time of judgment..

 

14 In order to fully defend the charging order application the recipient has requested further information pursuant to sec 7 Data protection Act 1998. As the statutory requirement requires the applicant to respond within forty days I respectfully ask the court to make an order for a continuance and transfer the hearing to my local court in Rotherham.

 

As you can see I have added a para in red. If you use it it will mean you will have to re number the following paras

[paulwlton]

Thanks JC, will not be adding the above paragraph a further notice has arrived.

[joesoap]

Without giving anything away, was your MP not happy Paul?

[paulwlton]

Without giving anything away, was your MP not happy Paul?

 

 

He is happy i'm taking this direct action.

[car2403]

Paul,

 

I think you'll find this post interesting;

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/134716-panic-bos-letter-received-2.html#post1456755

 

Carbon copy of your issue, no?

[paulwlton]

My latest letter to the Bank's management, with the approval of my MP.

Paul

 

Richard Hemsley

Chief Executive

Royal Bank of Scotland

36 St Andrew’s Square

Edinburgh

ED2 2YB

 

Dated 29/03/08

 

Dear Mr Hemsley

 

I write further to my Honourable MP John Healey’s correspondence dated 28 July 2007 and 5th November 2007.

 

As you are aware my case has now become high profile with continuing interest from a number of media sources.

 

I regret to inform you that I have yet to receive an acceptable explanation as to why the two accounts at the heart of the matter were set up in my name without my knowledge or consent, and why the bank are continuing to process incorrect data including the processing of a book debt account with senior management’s consent. This matter now is extremely serious as the bank has misled my Mp John Healey.

 

The bank’s disgraceful behaviour has led me no alternative than to take the matter to trial under the Data Protection Act 1998. Furthermore, as I am soon to become a shareholder I believe it is my duty to make fellow shareholders aware of the banks erroneous internal accounting practices

.

It is noted that the RBS AGM is scheduled for the 23rd April 2008 in Edinburgh. It is my intention to attend and distribute a leaflet outlining my criticisms. In addition both articles that appeared in the Guardian will be distributed outside the venue.

 

"I would also like you to be aware that I am in close contact with another ex customer of the RBS, who has been in dispute with the Bank for some considerable length of time, and that his MP Mr. ***** ****** has been in contact with you over his claims issues and allegations.

I confirm that I do have Mr. ******** permission to discuss his affairs, should you wish to clarify that point.

Mr. ******* also intends to become a shareholder of the RBS in order to monitor the operations and to make other fellow shareholders aware of exactly what transpires in the accounting systems of RBS as Mr. ****** has in the belief of his MP discovered allegedly extremely serious accounting procedures (to say the least) he also informs me that his MP has taken copies of certain documents back to Westminster for examination by his Treasury colleagues.

No doubt Mr.******** will be in direct contact officially with your Chairman in the near future.

In the meantime both Mr. ******* and I will be making the media aware again of our joint discoveries more fervently"

 

I hope you take note of this letter and how serious I view the bank’s behaviour and personally make sure that I do receive an acceptable response.

 

Yours Sincerely

 

Paul Walton

[photoman]

Paul

 

IMHO, do you think it wise to reveal your strategy and plan of action before actioning it ?

They may somehow either stop you becoming a shareholder, or find some way of preventing you from demonstrating at the AGM.

 

Or just send a bundle of lies to your MP or press etc.

 

Just my tuppence worth

 

PM

[The GodMother]

Maybe its a bad idea to discolse your intentions but it may also make them sit up and notice what they are doing is wrong.

 

Good Luck

[paulwlton]

Paul

 

IMHO, do you think it wise to reveal your strategy and plan of action before actioning it ?

They may somehow either stop you becoming a shareholder, or find some way of preventing you from demonstrating at the AGM.

 

Or just send a bundle of lies to your MP or press etc.

 

Just my tuppence worth

 

PM

 

My action is on advice from a recommended lawyer in Sheffield. By the way i wont be demonstrating.

 

The Information Commissioner has been summoned to Westminster to answer serious questions relating to the other case referred to in my letter.

[The GodMother]

cool i like the idea of him being summonds. I hope he has to pay his own expenses.

 

If you were given the info by a lawyer then i would take it but it seems strange to me that they would advise to show your cards to them before the trial

[Having_A_Knightmare]

 

The Information Commissioner has been summoned to Westminster to answer serious questions relating to the other case referred to in my letter.

 

 

Nice one Paul:-D

[paulwlton]

Re: overdraft on my current account, and how it miraculously transformed into a a completely different entity.

 

The first statement is the last entry on my current account before default, underneath this is a letter from the bank showing how the figure of £368.91 was calculated..

 

You'll notice the following statements start to accrue quarterly interest and is applied to the account on the penultimate day of business. Note the court fee applied £150.00, all the transactions took place prior to judgment.

 

Question: How many current account overdrafts incur quarterly interest in this manner.

 

 

[Michael Browne]

Sort Code and A/c no's still on last 2 statements

[paulwlton]

Sort Code and A/c no's still on last 2 statements

 

Thanks but i'm confident the above will be destroyed by the bank or by an order of the court.

[paulwlton]

This will be the basis for my claim.

 

Paul

 

 

1 I, Paul Walton (hereafter referred to as the Claimant) bring these proceedings against The Royal Bank Of Scotland Plc( hereafter referred to as the Defendant) for the processing and continued processing of data relating to Account Numbers 00726766, 00726774 and the "book debt" Account Number 49952, is both unwarranted and unlawful and contrary to the provisions as stated within the remit of the Data Protection Act 1998.

 

2..The Claimant submits that this processing was/is in breach of the First Principle of the Data Protection Act 1998 in failing to meet any of the conditions for processing data required under this principle and was/is therefore unlawful processing within the meaning of the said Act .The Claimant puts the Defendant to strict proof that it can provide evidence to show these conditions were/are met.

 

3..The Claimant submits that the Defendant has failed to comply with a Statutory Notice made pursuant to s.10 and s.12 of the Data Protection Act 1998 submitted to the Defendant by the Claimant on ............to cease the processing of the said and stated data.

 

4..The Claimant contends that all records the Defendant holds in respect of said accounts whether stored on paper or computer are inaccurate and that processing of this inaccurate data is a breach of the Fourth Principle of the aforesaid Act

 

5..The Claimant contends that the breaches of the said Act have caused him damage to his credit status and personal character and severe distress by the intransigence and lack of professional duty by the Defendant in failing to ensure that the data processed was indeed accurate and was being lawfully processed, and was in compliance with the requirements needed to meet the conditions for processing data.

 

6..Furthermore, the Claimant submits the distress is compounded by the claimant’s failure to address the matter and the fact senior management is advocating the continued processing after being such advised of serious inaccuracies nine months prior to this application.

 

7..The Claimant also submits that it has been admitted by the Defendant that there has never been any contractual obligation or any contract or proposed contract between both parties in respect of said accounts.

 

8..It is also submitted that the Defendant has used this inaccurate data to reconstruct consumer credit act agreements and that these were passed off as "true copies". The Claimant requests that it should be noted the Defendant has admitted the data was incorrect.

 

9..The Claimant respectfully draws the Courts attention to the legal guidance given by the Information Commissioner with regard to the fairness of processing that “ the first and paramount consideration must be given to the consequences of the processing to the interests of the data subject”.

 

10..The Claimant submits that the Defendant has completely disregarded this advice and guidance.

 

 

11..The Claimant, therefore, has commenced these proceedings against the Defendant under section 13 Data Protection Act 1998 and claims for damages and distress pursuant to that section.

 

12. The Claimant also respectfully asks the Court for an order to be made for the removal and destruction of all inaccurate data relating to the said accounts held by the Defendant pursuant to section 14 of the said Act.

 

The Claimant claims damages under the Act for financial loss and damages for the substantial and unwarranted damage and distress that all the unlawful actions taken by the Defendant and is continuing to do so, has caused him.

[dad]

Paul,

 

Can I suggest you change:

The Claimant claims damages under the Act for financial loss and damages for the substantial and unwarranted damage and distress that all the unlawful actions taken by the Defendant and is continuing to do so, has caused him.

 

To

 

The Claimant claims damages under the Act for damage to his reputation and credit and for the distress that all the unlawful actions taken by the Defendant and is continuing to do so, has caused him.

 

That way you link your claim directly to the basis of the Kpohraror case.

 

HTH

 

Dad

[paulwlton]

Thanks for that. I'll do some fine tuning before i submit the claim.

 

The bank have until next Tuesday to respond to my sec 10 request.

 

PW

[car2403]

Be careful not to use the words reputation, as that amounts to defamation which doesn't sit in the County Court.

 

You're claiming for damages under the DPA, in compensation (this is the word used in the Act) for their failure to comply with your statutory notice.

[JonCris]

Yes defamation is a matter for a higher court.

 

It's 'stress' in the lower one & to establish stress does not require you to have a recognised medical condition

[paulwlton]

Yes defamation is a matter for a higher court.

 

It's 'stress' in the lower one & to establish stress does not require you to have a recognised medical condition

 

I think my medical report is more than adequate to establish distress; six weeks loss of earnings is a good starter to argue damage.

 

Re: Kpohraror. I'm awaiting data from Experian and Equifax;

 

PW

[paulwlton]

Unsurprisingly, no response from the RBS regarding my sec 10 notice.

 

My claim will be submitted tomorrow, I intend to keep it in small claims and have put a value of just under 5k on the claim, included in the figure is an amount for loss of earnings and damage for distress.

 

PW

[The GodMother]

cant wait has any body got a spy cam so we can put it in the office and see what they have to say when they recieve the claim?

[paulwlton]

cant wait has any body got a spy cam so we can put it in the office and see what they have to say when they recieve the claim?

 

Can't wait for their defence.

 

The judge at the set aside hearing stated i'd been mislead and commented that the accounts were incorrect; now that my claim is under the Data Protection Act the court will take action. Oh, and the media are extremely interested in the outcome of this case.

 

 

PW

[citizenB]

Can't wait for their defence.

 

The judge at the set aside hearing stated i'd been mislead and commented that the accounts were incorrect; now that my claim is under the Data Protection Act the court will take action. Oh, and the media are extremely interested in the outcome of this case.

 

 

PW

 

 

Crikey so am I. This is just so incredible.

[Dick Emery]

Absolutely dumbfounded. Guess who my agreement is with? :/

 

I now want to see the original.