Bank Charges - mistake by bank in 2005 grown to £2k debt with DCA's

[Amethyst]

New thread for new user.

In 2005 there was an error with a bank charge being placed on the joint account.

The bank apologised and refunded the charge.

However they did this the next month, and kept on doing it, causing no end of problems.

They got a parachute account and ditched the bank.

The bank changed the overdraft into a Loan in just the husbands name.

Then they were being chased by DCA's for over £2k.

Paid that off via monthly instalment payments.

Then this week got a further demand from a debt collectors for RBS for a further 1700.


In between all this they tried to reclaim the charges, pre OFT v Abbey test case.

[Amethyst]

Re: Bank Charges - mistake by bank in 2005 grown to £2k debt with DCA's

So I'm thinking send a Subject Access Request to RBS to get the full history of the account transactions, and a CCA request for the loan agreement to RBS and the current DCA.

Make a formal complaint (again) and then take it to the Financial Ombudsman.

Sounds as though the OP has kept most of the paperwork so that makes life easier.

Expecting a phone call in the morning from the debt collection agency so need to know how to respond to them to get them to put the case on hold while its being disputed.

[Frankietc]

Re: Bank Charges - mistake by bank in 2005 grown to £2k debt with DCA's

It was never a joint account just my husbands, For some reason the bank opened another in his name where the charges had been made out to be a loan, Also the call at 11am is from the bank regarding our call made saturday because of yet another debt collectors letter. Also i read that having more than 1 agency demand payment for the same £ is a breach & classed as harassment?

[Amethyst]

Re: Bank Charges - mistake by bank in 2005 grown to £2k debt with DCA's

Okay, explain to RBS what the issue is and tell them you are submitting a formal subject access request for all transactions and data held on the account, and a CCA request for the original agreement on the loan. Tell them you are gathering the information in order to make a formal complaint which you will take to the Financial Ombudsman and could they recall the account from the DCA (if they are collecting on BEHALF of RBS) please and put it on hold as strongly in dispute.

Do you know if the DCA's are working FOR RBS or have purchased the debt ? (might help if you name which DCA's they are that are bugging you now, and which one you made the payments to previously )

[Amethyst]

Re: Bank Charges - mistake by bank in 2005 grown to £2k debt with DCA's

Subject Access Request - needs to be signed by your husband / in his name, and needs a cheque or postal order for £10 - to send to RBS.

[Your full address]
[Phone number]

[The date]

[Name and address of the organisation]


Dear Sir or Madam

Subject access request
[Your full name and address and any other details to help identify you and the information you want eg. account numbers etc.]

Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to:

Transactions made on the current account number XXXXXX from inception to date.
Any agreement/credit agreement in my name
Copies of any screen notes relating to myself or my accounts
Copies of any letters regarding myself
Recordings of any telephone communications between myself and RBS
Copies of default notices / notice of assignments relating to any of my accounts

If you need any more information from me, or a fee, please let me know as soon as possible.
It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.
If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at www.ico.org.uk

Yours faithfully

[Signature]

[Amethyst]

Re: Bank Charges - mistake by bank in 2005 grown to £2k debt with DCA's

CCA request - needs to go to RBS with a cheque or postal order for £1


Your name
Your address
Your address
Your Postcode

DATE

Creditor Name
Creditor Address
Creditor Address
Creditor Postcode



Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxxxxxxxx ( Loan account number )

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a legible copy of this credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I look forward to hearing from you.

Yours faithfully




NAME

[Frankietc]

Re: Bank Charges - mistake by bank in 2005 grown to £2k debt with DCA's

Thank you for these replies. On the call to RBS on Saturday my husband was asked NOT to make a complaint to the Ombusman as it may ' confuse ' things, Instead when they call back tomorrow at 11am a complaint will be filed. We will in the meantime request the info above. We have paid various DCA's as it kept being handed over without our knowledge but the final payments were made to Newman DCA & We are now being pestered for further payments by Moorcroft debt recovery.

[Amethyst]

Re: Bank Charges - mistake by bank in 2005 grown to £2k debt with DCA's

hmmmm I bet. Well if they will raise a formal complaint you need a letter or email confirming this from them and their final resolution within 8 weeks, then you WILL take it to the ombudsman, and they WILL have sent you all the relevant information by that time (just stress that to them on the phone)

On the phone call ask them for their email address and confirm back to them in writing all the details of the discussions.

[Frankietc]

Re: Bank Charges - mistake by bank in 2005 grown to £2k debt with DCA's

Oh we will for sure! My husband will write these info requests out tomorrow & they will be sent asap. We can't for the life of us figure out where these other accounts have come from, My husband opened only 1 account with RBS when he was 15 yrs old & that was it! We did originally have 1 loan with them with was paid off in full, Where they have the right to rack up stonking charges by mistake (Admittedly) then turn them into some loan and demand payment is beyond me! Thank you for your help, I will keep you updated

[Frankietc]

Re: Bank Charges - mistake by bank in 2005 grown to £2k debt with DCA's

Just a quick 1 here, Would you suggest a solicitor? I do believe PPI to be an also, As we've had multiple letters from RBS suggesting so!...Damn i wish i was more clued up on this :-/

[Amethyst]

Re: Bank Charges - mistake by bank in 2005 grown to £2k debt with DCA's

I think you need to wait until you have all the documents - the loan agreement particularly, and loan payment statements if they exist- and then see if that has PPI on.

So it will be a bit of a wait, but hopefully RBS will put the case on hold and formal complaint tomorrow so you'll have some time to get things together before going to the FOS.

We'll see what RBS say tomorrow, and suss out what's gone on with the various DCA's., and when they sold it to Moorcroft.

If Moorcroft now have the debt it is likely it has been sold to them so to stall them ask them for a copy of the notice of assignment and the cca as well (another £1 and a stamp).

[Frankietc]

Re: Bank Charges - mistake by bank in 2005 grown to £2k debt with DCA's

We will do that!! Thank you once again & i will update tomorrow! This has been extremely helpful!!!

[Amethyst]

Re: Bank Charges - mistake by bank in 2005 grown to £2k debt with DCA's

If you don't get anywhere with RBS tmw don't worry okay. Let us know what they say and we'll help you take it from there, this has been going on far too long, and sounds like it has cost you an awful lot of money which it really shouldn't have.

[leclerc]

Re: Bank Charges - mistake by bank in 2005 grown to £2k debt with DCA's

Amethyst, the only thing the OP needs, if possible is the original statements of account and any letter stating the refund. This is clearly a bank error and the bank should refund all charges and close the account if that is what the customer wants plus they need to restore their credit history,

Personally speaking, this case is a piece of p.

Only problem might be whether they still have on record the complaint history....

If they get the statements firstly(if they do not have...since the later ones are technically irrelevant), then they need to highlight the mistake plus the balance, then the refund which should be clearly marked on it and then it should theoretically be easy to follow the error.(apologies for kinda repeating myself but I know how to resolve this issue). You have to claim maladministration of the account.

[Amethyst]

Re: Bank Charges - mistake by bank in 2005 grown to £2k debt with DCA's

Well keep an eye out on this one Nattie please xx The bank admitted the initial error, the account was closed and they used a parachute account, them rbs switched it to a loan, seemingly off their own back.... they have paid back more than £2k to dca's over the years so if it was all from that initial mistake theres rather a refund needed plus comp&interest. Hard to tell without trawling through the statements at this juncture.