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RBS and the 80% interest rate charged

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  • RBS and the 80% interest rate charged

    RBS secretly charged 80% interest on loan



    Georgia Warren, Banking and Jon Ungoed-Thomas

    div#related-article-links p a, div#related-article-links p a:visited { color:#06c; } IN EARLY spring, a West Country businessman, Duncan Birch, and his wife Debbie feared they might be among the first victims of the credit crunch. A letter to the couple from their bank claimed they owed more than £100,000.
    But what was particularly galling was that the large sum being claimed related to a debt of less than £25,000 in the 1990s which they believed had beenpaid off. They were baffled and concerned at the size of thedemand.
    Two years earlier, RBS had been asking for £8,500 to settle their case, which they had been unable to afford. How on earth had this risen to more than£100,000?
    According to internal banking documents obtained by the Birches, from Torrington, Devon, they claim to have found evidence that new accounts and loans were created in their name. At one stage, 80% was being charged on one account.
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    It appears this weekend that the Birches stumbled upon a highly questionable practice in the debt collection branch of RBS in Telford, Shropshire, whereby new accounts and loans were systematically created without customers’ permission. In some cases, loan documents were even drawn up for the accounts.
    According to RBS, these accounts were an internal bookkeeping device and the debts were never meant to be collected or even divulged to the customers. It seems a strange accounting practice, and last week the bank was unable to explain its exact purpose. “This is simply an administrative practice that has absolutely no impact on the [actual] debt or the liabilities,” said an RBS spokesman. John Healey, a former Treasury minister and now a local government minister, is to meet Stephen Hester, the new RBS chief executive, to establish the number of new loanaccounts created without customer consent and the number of customers who may have been wrongly pursued. “There are clearly questions for the bank to answer,” he said.
    The Birches insist they are being pursued for the debts from these accounts. They have had legal charges put on their home by RBS at Barnstaple county court. They say it means when the home is sold, they will be liable to pay RBS about £70,000.
    “They claim we owe this ridiculous amount and it’s almost ruined our lives,” said Birch, 46, last week. “They have certainly pursued us for money in these accounts which were created without our consent.”
    In the 1990s, the Birches started a company which created printed T-shirts. The business was initially successful, but foundered when one of their main clients went bust, forcing them to close their business with about £24,000 of debts at the bank.
    They agreed to pay back RBS at £300 a month, on the basis that interest and charges would be frozen. They paid back £7,500 but were then unable to make further payments.
    After a county court judgment against them in 1999, they again started paying back £300 a month. By 2006, according to their own estimates, they had paid back £33,000.
    At this point, RBS offered to settle the case for £8,500, but the couple could not afford the one-off payment.
    Then in early 2008, the bank claimed the Birches owed more than £100,000 and put the legal charges on their home.
    Armed with advice from online internet forums, the Birches made a data protection request to the bank. The documents they received detailed a fascinating trail showing the numbers on their accounts had been changed and three new “capital and interest” loans created without their consent.
    While the couple thought they were paying back debts on which no interest was due, high rates were in fact being levied.
    A bank statement for Debbie Birch’s account, which has been seen by The Sunday Times, shows that interest of £15,883 was charged in just one quarter in 2001.
    According to another document, the Birches were being charged 80% interest when they were trying to pay back their debts. The bank claims the error was rectified.
    There are other victims. Paul Walton, 41, from Rotherham, South Yorkshire, discovered that RBS had created different accounts in his name without his consent. He also demanded bank documents under data protection laws after being told in 2006 he owed £16,000 on a loan taken out eight years earlier for less than £9,800.
    The documents showed his accounts had been changed and a previous overdraft with the bank converted to a “flexible capital and interest loan”. He was also sent two loan agreements that had been drawn up without his consent.
    According to a letter sent to Walton’s MP, Healey, in November last year, a senior banking official said: “I confirm that Mr Walton has never signed or agreed to these loans. The loans have never existed. The forms were inaccurate and sent in error.”
    RBS said the court judgment against the Birches governed the amount they owed and “this is all they have been asked to pay”.
    The spokesman said the bank accepted it had made errors in regards to Walton. Significant interest had been charged on accounts in his name but this was an “administrative” process that had no bearing on the sum he owed.
    This weekend, the bank was unable to say how much the Birches owed or how the debts had mounted up.
    “We just can’t see any light at the end of the tunnel,” said Duncan Birch.



    source: Couple stung by loan - Times Online




    </div></div></div>
    ------------------------------- merged -------------------------------
    Darn it, I bodged the first copy and past :o
    ------------------------------- merged -------------------------------
    RBS secretly charged 80% interest on loan
    ------------------------------- merged -------------------------------
    THe bloody link does not allow a copy and paste
    It basically says that

    ROYAL Bank of Scotland has secretly changed customers’ overdrafts into personal loans with up to 80% interest, generating debts of as much as £100,000, an investigation has revealed.
    The bank, which was effectively nationalised 10 days ago, has admitted that its debt collection branch drew up new loan agreements and accounts for customers without their consent. MPs this weekend questioned whether the scheme was legal.
    “Victims” of the changes claim the bank has demanded back money on loan accounts created without permission. The bank denies trying to claim the money and says the new loan accounts were “purely” for administration.
    John Healey, a formerTreasury minister and now a local government minister, said the bank had demanded payments from one of his constituents on spurious debts built up through one of the loan accounts. “The bank says these accounts were for administration, although their exact purpose is unclear, but the system does not appear tight enough to prevent them becoming the basis of real debt demands and court action. It is deeply disturbing,” Healey said. Duncan and Debbie Birch believe they are being pursued for debt accumulated on new loans created without their permission. They say a £24,100 overdraft ballooned into a debt of £100,000, even though they say they had paid off £33,000.
    Documents show that at one point the couple were being charged an interest rate of 80%, although the bank says this was rectified. Yet it has now obtained a legal charge of £70,000 on their home.
    RBS said it was never intended that debts in internal accounts should be collected.
    ------------------------------- merged -------------------------------
    I am not going to make any comment on the contents of the article about RBS and CMS in Telford.
    Last edited by natweststaffmember; 6th December 2008, 22:13:PM. Reason: Automerged Doublepost

  • #2
    Re: RBS and the 80% interest rate charged

    Hi Nattie

    Thanks for posting this article about us. The more that people know about this the better.

    We want to post on this forum about our FULL story (which still hasn't been told). Where would be the best place?

    Thanks

    D&D

    Comment


    • #3
      Re: RBS and the 80% interest rate charged

      Hi DandD, welcome to Legal Beagles, good to have you here.

      I also read your story in The Sunday Times, nice piece.

      Here would be as good a place as any to post your story, if we/you feel it is more appropriate elsewhere we can easily move it.

      Look forward to hearing more on this one.

      Jules
      Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

      IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

      Comment


      • #4
        Re: RBS and the 80% interest rate charged

        A warm Welcome DandD, I saw you appear on the who's online and thought, I am sure I have seen that name before

        Comment


        • #5
          Re: RBS and the 80% interest rate charged

          Thanks Jules

          The articles that were in the Sunday Times that Nattie posted have given an initial account of our case.

          The first question is this:

          Can a Bank change a Customers account 'type' without their knowledge or consent and then litigate?

          Everyone that we speak to says that they can't, but where is the legislation saying that they can't? This is really important to us!

          Can anyone help?

          Thanks

          D&D

          Comment


          • #6
            Re: RBS and the 80% interest rate charged

            yes on changing account type, for example, Royalties Gold/Advantage Gold to a standard account BUT this is normally when it is with or about to go to Credit Management Services. The account is at such a point that continuing to have that type of account is more detrimental than the benefits of having the accounts(ie the charge for the account is making it worse---and possibility that customer may well not use them).
            Does that make sense?

            Comment


            • #7
              Re: RBS and the 80% interest rate charged

              Originally posted by natweststaffmember View Post
              yes on changing account type, for example, Royalties Gold/Advantage Gold to a standard account BUT this is normally when it is with or about to go to Credit Management Services. The account is at such a point that continuing to have that type of account is more detrimental than the benefits of having the accounts(ie the charge for the account is making it worse---and possibility that customer may well not use them).
              Does that make sense?
              Yep, that makes sense.

              I can understand that the Bank could downgrade an account. But this isn't what happened to us.

              In our case. The accounts were not 'downgraded', they were changed from overdrawn 'Current Accounts' to 'Loan - Capital and Interest Accounts'. Without us knowing.

              We were told that the account 'Numbers' were being changed but we were NOT told that the account 'TYPES' were being changed.

              They then added huge interest/charges and litigated on these NEW accounts.

              Any comments/help

              Thanks

              D&D
              Last edited by DandD; 17th December 2008, 19:47:PM. Reason: TYPO

              Comment


              • #8
                Re: RBS and the 80% interest rate charged

                CCA 1974

                82 Variation of agreements

                (1) Where, under a power contained in a regulated agreement, the creditor or owner varies the agreement, the variation shall not take effect before notice of it is given to the debtor or hirer in the prescribed manner.

                (2) Where an agreement (a “modifying agreement”) varies or supplements an earlier agreement, the modifying agreement shall for the purposes of this Act be treated as—

                (a) revoking the earlier agreement, and

                (b) containing provisions reproducing the combined effect of the two agreements,


                and obligations outstanding in relation to the earlier agreement shall accordingly be treated as outstanding instead in relation to the modifying agreement.

                (3) If the earlier agreement is a regulated agreement but (apart from this subsection) the modifying agreement is not then, unless the modifying agreement is for running account credit, it shall be treated as a regulated agreement.

                (4) If the earlier agreement is a regulated agreement for running-account credit, and by the modifying agreement the creditor allows the credit limit to be exceeded but intends the excess to be merely temporary, Part V (except section 56) shall not apply to the modifying agreement.

                (5) If—

                (a) the earlier agreement is a cancellable agreement, and

                (b) the modifying agreement is made within the period applicable under section 68 to the earlier agreement,


                then, whether or not the modifying agreement would, apart from this subsection, be a cancellable agreement, it shall be treated as a cancellable agreement in respect of which a notice may be served under section 68 not later than the end of the period applicable under that section to the earlier agreement.

                (6) Except under subsection (5), a modifying agreement shall not be treated as a cancellable agreement.

                (7) This section does not apply to a non-commercial agreement.
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #9
                  Re: RBS and the 80% interest rate charged

                  (1) Where, under a power contained in a regulated agreement, the creditor or owner varies the agreement, the variation shall not take effect before notice of it is given to the debtor or hirer in the prescribed manner.
                  The letter that we recieved from the Bank in November 1997 stated that we had 'NEW' account numbers (There was no mention of 'NEW' account types)

                  We now know from our DSAR that we did in April this Year that these accounts were actually changed 14 Months previously in June 1996!

                  In all the letters sent to us from either the bank or their solicitor they NEVER mentioned that these accounts were 'LOAN' accounts. They always refered to them as 'CURRENT ACCOUNTS'.

                  Even in the CCJ Particular of Claim's dated November 1998 they refer to them as 'CURRENT ACCOUNTS'.

                  We also applied for a DSAR on the Banks Solicitor and part of the information that we recieved showed that on the 3rd July 1998 the RBS told them that our accounts were 'LOAN ACCOUNTS'

                  The only ones not being told this was US!

                  D&D

                  Comment


                  • #10
                    Re: RBS and the 80% interest rate charged

                    Where do things stand at the moment with this debt? You still have a charge on your home of £70k ?
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #11
                      Re: RBS and the 80% interest rate charged

                      At the moment the bank have 2 Charging Orders on our Home. One on Mr D for £34K and one on Mrs D for £36K

                      D&D

                      Comment


                      • #12
                        Re: RBS and the 80% interest rate charged

                        And what action are you currently taking ?

                        did you defend the action to place the charge on your home in the Barnstaple county court hearings ?
                        Last edited by Amethyst; 17th December 2008, 20:57:PM.
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Re: RBS and the 80% interest rate charged

                          Both C/O's were defended. But, at the time we had very little information from the bank under our DSAR.

                          The C/O hearing's were on diferent dates. The Judges were sympathetic but had no choice but to grant the C/O's.

                          In Mr D's case the Judge informed the Banks barrister that the CCJ was likely to be 'Set Aside' and that he should inform his clients.

                          In Mrs D's case the Judge was naive and stupid. She said that the Bank only need to 'keep data for 6 months and that they can charge whatever interest they like'. Tried to tell her she was mistaken but just got shouted down!

                          D&D

                          Comment


                          • #14
                            Re: RBS and the 80% interest rate charged

                            OMG !

                            Have you applied to set these aside? and complain about that Judge, or have any plans to take this forward in any way?

                            You had a debt of £25k on an overdraft, you are repaying over £100k over two?or three? loans which you didn't know about, consent to nor sign any agreement for..... is interest still accruing as well?

                            I assume you have help with this, your MP etc - am just interested to know whats happening now?
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #15
                              Re: RBS and the 80% interest rate charged

                              Last post tonight!

                              Just to give you some idea what we have been up against for the last 15 Years!

                              SPOT THE LIE!!!

                              We applied for our DSAR in April 2008.

                              We recieved a 'Diary Event History'. Which is a computer log of all contact about us.

                              In this document they state on the 19/7/2007

                              'Manual Diary Entry'
                              Income £2400
                              Outgoing £2214.94
                              Total Debt £88740.50
                              Amt available £185.03
                              No of creditors 11
                              Is offer pro rata - yes
                              outwith travel trig £295.98
                              HP £152.90 ends 12 Months
                              Applying for AOE.
                              Sols will advise in due course as to outcome.

                              We questioned this, here is part of what we asked:-

                              'You have provided the Courts, when applying for a AOE with false information. I didn't supply this information. Could you please provide me with the details of who created these figures? Also, could you please let me know what 'Outwith travel trig £293.98' means?

                              This is the Banks reply dated 24th April 2008 from CMS Telford...

                              .19/07/07. The entry is incorrect as we do not believe that the income and expenditure details are yours. This information was not sent to the Courts or the Banks Solicitors. Due to a system error this information appeared erroneously in your DSAR.

                              We think think they didn't know, but at the same time as our DSAR on the Bank we were doing one on the Banks Solicitors.

                              This is what they threw into the Party!!

                              There are loads of issues but we want to just stick with this one for the moment...

                              This is an extract from their 'Event History'...

                              'Applications made to County Court for Attachment of Earnings Orders against both Data Subjects on 27th June 2007.

                              '19th April 2008 RBS states that the information provided in the printout provided by them to Data Subjects under the date 19 July 2007 has been included in Mrs Birch's schedule in error.'

                              So, the Bank say they haven't sent it to their solicitors, but their Solicitors say that they have it.

                              Who's LYING!!!

                              D&D

                              Comment

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