Chalkitup v RBS

[Chalkitup]

Re: Chalkitup v RBS

Are we within our legal rights to demand that a creditor/DCA removes our telephone numbers from their systems.

I have written to numerous creditors/DCA's and they have actually complied but as said in the last post all Barclaycard have replied with is "We note that you would like us to remove your phone numbers from our records so that we can not chase you for the debt" :tinysmile_aha_t: and have not removed my numbers.

What is my next move in this particular case?

Thanks

[shamen]

Re: Chalkitup v RBS

Its irrelevant what they think. If you have asked them to not call, then they should not. They are also a bit cheeky in saying its so they cannot pursue the debt, they can still write to you. How you are contacted by anyone is up to you.

see here (post 3 is a good letter)

http://www.legalbeagles.info/forums/...t=stop+calling

[leclerc]

Re: Chalkitup v RBS

I would have thought you would be able to state that you want them to remove your phone numbers to avoid you having to take legal action against them over Harrassment and that, as shamen has said, still be able to contact you in WRITING about any such debt.

[Chalkitup]

Re: Chalkitup v RBS

Thank you for replies.

I actually sent Barclaycard a very similar letter to the ones you pointed me to shamen .......... quoting all the acts etc ....... and they still sent the reply above!!

leclerc ...... I made it very clear that I want to communicate in writing in future plus that I will take legal action against them over Harassment if calls persist.

Obviously they do not want to play ball.

But at least I have put everything in writing and it can be proved by their reply.

[leclerc]

Re: Chalkitup v RBS

Keep a log of the calls as well for your evidence of harrassment.

[Chalkitup]

Re: Chalkitup v RBS

Keep a log of the calls as well for your evidence of harrassment.

Oh yes indeed ...... I have the ******** unit (not sure if I am allowed to mention the name on here) ...... it is the telephone unit that was on Dragon's Den and does everything apart from make a cup of tea!!!! Records all calls and logs every call in and out (as well as those I do not answer) on an Internet control panel!!

Brilliant piece of kit ............. I have some terrific DCA calls recorded ...... I know we should not talk to them but I wanted to collect proof of the lies they tell people. And boy o' boy have I got some recordings .... including one where I asked the DCA chappy his surname at the beginning and end of the call because he was trying to get me to answer security questions and I said to him that he could be anybody phoning me ....... and sure enough in five minutes he forgot the surname he gave me at the beginning of the call and gave me another surname at the end!!!!

You could not make some of them up!!!

[Chalkitup]

Re: Chalkitup v RBS

Re ..... No home visits.

Had a cocky reply from Nat West re the Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R. court case.

Can anyone point me towards a copy of the actual judgement .............. I especially want the bit that says "There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions."

[pompeyfaith]

Re: Chalkitup v RBS

PM sent

[pompeyfaith]

Re: Chalkitup v RBS

PM sent

[Chalkitup]

Re: Chalkitup v RBS

PM sent

Excellent ....... thank you very much.

Now all I have to work out is why NatWest state the Armstrong case relates to entering a property without permission and hence does not apply to a doorstep collector!!!

Thanks again.

[pompeyfaith]

Re: Chalkitup v RBS

Looks like they are feeding you bull s*** they have just as much right as I do none.

PF

[Angry Cat]

Re: Chalkitup v RBS

http://www.jstor.org/pss/1091561

[Chalkitup]

Re: Chalkitup v RBS

I like the way they twist everything and leave out pieces of judgements that are not in their favour.

I have 12 accounts going on but after four years none have started legal action so I just keep writing the letters ......... I do not think I am easy pickings for them ...... I protest about every little thing and at the end of the day I am on benefits, in rented accommodation, CCCS stopped my DMP because not enough cash left each month to pay them and I have no assets ....... not much point taking me to court I suppose!!

Still ..... my place looks good with the two extra filing cabinets (care of a good mate) I now have for all the letters .....
------------------------------- merged -------------------------------
Thank you Angry Cat ........... that is a useful site.

[Angry Cat]

Re: Chalkitup v RBS

Excellent ....... thank you very much.

Now all I have to work out is why NatWest state the Armstrong case relates to entering a property without permission and hence does not apply to a doorstep collector!!!

Thanks again.

Not your job but theirs; tell the the RBS drone to go back to his desk and look the case law up!

[Chalkitup]

Re: Chalkitup v RBS

Hello All,

Had reply to my subject access request ....... I have noticed a few things ....... This is the first SAR response I have ever received so please excuse the long post but once I know how to handle their replies I will be able to use that knowledge with other accounts ........so advice please .....

It was for a RBS credit card and I sent it to RBS Edinburgh Regulatory Risk Dept and the reply is from a senior customer advisor at card services Southend ..... I take it that is normal.

They enclose copies of every cc statement since opening nine years ago ......... but in truth between 2006 and now they have only sent me one statement outside the SAR ...... that was enclosed in their s78 response a few months ago!!!

I asked for a copy of all manual notes applied to account ........... they answer that they only store them for two years ......... hence they have sent me a sheet of paper with eight dates on it and a line of info by each date ......... it covers the last four months ........... i.e. the CCA and this SAR request!!!! Nothing at all from 2006 when all my problems started.

They are unable to send me copies or even dates that they sent me DN and TN as again info only held for two years on their system ........... Default and Termination Notices I got in 2006 and the DN had no date on it !!!!! HOWEVER I have just realised that they HAVE sent me a copy of the CCCS Notification of Debt Management Plan that I filled out and sent them in 2006!! I just happen to feel that they are picking and choosing what to send. But they have slipped up a little because later in the letter they write "We confirm that we hold no further info on you other than what has been sent". Which to be honest consists of the CCA docs I got a few months ago and the statements!!

I also asked in SAR for them to confirm / clarify how my data would be / has been deleted etc ....... their reply ... "all data is deleted in accordance with bank policies. However it is not bank policy to provide any information in relation to data deletion or destruction processes". This is like OO7 territory ..... if we tell you then we will have to kill you!!!

Two interesting snippets are enclosed ...... they have actually sent a sheet which has on it what I would describe as their "bank eyes only" picking list of what to include in my CCA response.
It has boxes ..... a few are ..... contact customer / name / acc number etc
Then it has copy application / original T&Cs / Current T&Cs ....... and next to each can be ticked Obtained and Confirm Enclosed. Copy Application has next to it .... NO ticks. Original T&Cs has "recreated". Further down the sheet is a box titled Recreation Information ....... they have hand written in there many things including ... my credit limit on opening and three different monthly interest figures ........ this info shows on the recreated "agreement" they sent a few months ago in response to CCA.

And finally ..... regarding what the whole point of sending the SAR was all about for me ......... BEARING in mind I have written to them (in another dept) since receiving the CCA response and asking them specifically if they took the "true copy" direct from my original executed agreement AND have they got my original ...... to which they never actually replied of course but just quoted what they consider they can do under Carey ............. their reply within this SAR letter is "We have been unable to trace a copy of your signed agreement / application form and it appears this has been mis-filed, however there is a true copy of the agreement which was supplied by the section 78 team within the correspondence provided" !!!! ......... Well my friend that is nothing like the application form I signed because I have a copy of the original from nine years ago!!

Should I now reply to any of this ........ or do I await their next move?

Thank you.