factorylad

[factorylad]

I've had a long running fight with RBS using the FOS. I have finally been awarded £1000 for stress and inconvienance, but no compensation for the £60k financial losses. I had an overdraft and a loan with them totalling £40k which they appear to have given to a DCA in Glasgow and they are chasing like mad. During the FOS investigation the FOS asked RBS for a true copy of the CCA which initially they did not have. They later found "a copy" signed by me. The thing is I have the original document unsigned as I never signed it as I would have been signing to say I had received the Precontractual Agreement, which I had not. Is the CCA enforceable without a signed agreement existing? How did my signiture appear on the "copy" the bank sent to the FOS? Within a week of me complaining to the FOS in the first place my bank account was shut down, which meant the direct debit for the loan did not get paid and I have just ignored the DCA's for 2.5 years hoping that the FOS would find in my favour (which they did) and award compensation (which they didn't).
Does anyone have suggestions on a way forward. The DCA in Glasgow only phone at the moment and I don't answer.

[bluebottle]

Re: factorylad

Hello Factorylad,

I am sure other LB members who are more familiar with financial matters like this will study your post and advise accordingly. However, my background is in policing and I can advise on criminal matters. If RBS have suddenly found an agreement allegedly signed by you and you have the original not signed, you may well be looking at an offence of Forgery under the Forgery & Counterfeiting Act 1988 and, possibly, further offences of Using a False Instrument with Intent to Deceive or Defraud. My advice is to let other LB members with financial expertise study your post and advise before you go any further.

Bluebottle

[Angry Cat]

Re: factorylad

I presume the DCA involved is: AIC?

[Angry Cat]

Re: factorylad

No doubt the following will be of interest:
NatWest admits signature forgery | Money | The Guardian

Hats off to PW:
How trustworthy is your bank? | Money | The Guardian

Not forgetting Sparkie, of course...

[bluebottle]

Re: factorylad

Unfortunately, the sort of fraud the two cases highlight will not cease until ACPO let rank and file officers do their jobs and really turn the screws on bank staff and management who engage in this sort of thing. But then, the politicians who have directorships and shares in banks would get it in the neck from their paymasters, wouldn't they? Time for the public to take back control and put the politicians in their place, methinks.

[Angry Cat]

Re: factorylad

RBS, were notorious for their re-creative department...

[bluebottle]

Re: factorylad

RBS, were notorious for their re-creative department...

Lloyds TSB were notorious for overdraft irregularities when I was on the force. They'd squeal like stuck pigs when they realised you'd caught them out and they were going for a ride in a white taxi.

[labman]

Re: factorylad

If the FOS found in your favour, are you not able to pursue any financial losses incurred through the courts?

Is the document on which your signature appears the same one as you hold at home?

[factorylad]

Re: factorylad

The document I have is exactly the same (even down to the crosses of where to sign) just mine is not signed.
------------------------------- merged -------------------------------
On the other point the FOS seem to say that if I accept the £1000 then that is the end of it. So in other words RBS pay £1000 then chase me (or the Glasgow DCA chases me) for £40k.

[Ihaterbs]

Re: factorylad

The document I have is exactly the same (even down to the crosses of where to sign) just mine is not signed.
------------------------------- merged -------------------------------
On the other point the FOS seem to say that if I accept the £1000 then that is the end of it. So in other words RBS pay £1000 then chase me (or the Glasgow DCA chases me) for £40k.

The bank may have given you a copy of the signature document after omitting your signature, this explains why both copies match.

[labman]

Re: factorylad

I assume your copy is from when you originally had the agreement? It would be rather nice had it come from a SAR.

[factorylad]

Re: factorylad

The copy I have was one of two they posted to me at the start of the agreement. One says is my copy, the other says is the Banks copy and has a compliments slip attached saying for me to sign and return. I never signed or returned it as it says I would be signing to say I had been given the pre contract details document...which I hadn't.