Rockwell

[thephoenix]

Hi all.

Right a quick brief outline on this one :rolleyes:

Default notice issued on Current account (-£1500)

Charges refunded (£3800) default not part of claim, dohhhh

Compensation request for unwarranted and unlawful default notice (paid full request £1500 without raising claim)

default not removed, another request for compo £3800 :shush:

looking into claim

put on hold due to OFT test case. :devil:




Now Rockwell have reared there ugly head and requested proof of the current dispute (being the issue of the default notice) within 14 days or they will commence litigation.

Can they demand proof from me regarding proof?? Or should the bank provide this? they are acting on behalf of the bank after all.

I do have copies of all letters during this compo dispute and the one before.

Not to sure why they are chasing me, the oustanding balance on the account is £87, although the account is in dispute, and has been since about oct last year, a standing order has been set up since March 2007 and have been paying £1 per month.

Bank are in breach of FSA guidlines for passing this on, bank are also in breach for processing inaccurate personal information and Rockwell are just TARTS for doing wjatever the bank tell them to do.

Any advice on the best way to screw them??? :kiss: :roll:

[Paule]

Re: Rockwell

IMO It sounds like the standard 'Were gonna sue you for the outstanding money' line.

Are they threatening litigation to recover the £87 or to get the proof?

Whose name is on the Default notice? Theirs or the Bank?

[thephoenix]

Re: Rockwell

Hey, they are threatening litigation over the outstanding debt of £87 but cuz i very kindly informed them of the situation, they now require proof of dispute.

they aint gonna do anything, i know that and i believe i have a complete defense even if they do :roll:

Bank has passed this over to Rockwell knowing full well this account is in dispute.

I've already shoo'd off one DCA company and one solicitor's firm over the initial dispute in Oct last year.

now godda do it again... ZZZzzzzzzz lol

The default was issued courtesy of the bank.
They paid out compo once for unwarranted default issue without the need to raise a claim against the bank. But i do feel as though they think the request was for unlawful charges and NOT as compo for distress etc .Section 13 Data Protection Act 1998

[Paule]

Re: Rockwell

I've already shoo'd off one DCA company and one solicitor's firm over the initial dispute in Oct last year.

now godda do it again... ZZZzzzzzzz lol

Yep, same drill again, maybe add the debt collection guidelines into it as well, and cc the bank to let them know as well.

Then wait till DCA no3 comes a calling

[thephoenix]

Re: Rockwell

Just a few notes to be going on with. I think with the account in dispute, any letters sent should go to the bank and cc to DCA. I believe the initial breach of duty would fall with the bank.

There the ones who have put this compo claim for unwarranted and unlawful issue of default notice on hold due to OFT test case. bum holes spring to mind :shush:






FSA Principles for business

PRIN 2.1 The Principles


1 Integrity - A firm must conduct its business with integrity.
2 Skill, care and diligence - A firm must conduct its business with due skill, care and diligence.
3 Management and control - A firm must take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems.
5 Market conduct - A firm must observe proper standards of market conduct.
6 Customers' interests - A firm must pay due regard to the interests of its customers and treat them fairly.
7 Communications with clients- A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading.
8 Conflicts of interest- A firm must manage conflicts of interest fairly, both between itself and its customers and between a customer and another client.
9 Customers: relationships of trust - A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgment.



Debt Collection Guidlines:

Deceptive and/or unfair methods:
k). not ceasing collection activity whilst investigating a reasonably queried or
disputed debt.

[thephoenix]

Re: Rockwell

Ok PeePs

I've drafted a letter to send Rockwell and I'll send a copy to RBS also....

What do you reckon????



Dear Sir/Madam


This is in response to your letter dated 22/10/2007. You have requested proof of the dispute myself and The Royal Bank Of Scotland regarding the account in question.
I believe with issue is being dealt with unfairly and unjustly and if you, The Royal Bank Of Scotland or any other third party continue to harass me for this debt whilst it’s in dispute, I will have no choice but to take this further and issue a complaint to the FSA, OFT and Trading Standards and if need be, take it to a court of law.
My reasoning for this is, both you and the said bank are in breach of your code of conduct. You have failed to follow a code of conduct issued by the OFT on the collections of debts from debtors. You also failed to ascertain the status of the account before pursuing any debt and continuing the collection of this debt whilst it is in dispute.
The RBS are in breach of s.2, s.13.7 & s.14 of the Banking Code and should not have passed on a debt that is in dispute. The FSA has issued guidelines on dealing with accounts in dispute.


Notwithstanding the above, please find enclosed a copy of the correspondence’s between myself and The Royal Bank of Scotland regarding the dispute. I also include a copy of the statement sent to me by RBS, showing deposits made by RBS.
I also believe that the balance you allege is owing, is incorrect. Please find enclosed the initial letter dated 02/10/2006, that placed this account in dispute.
This was over unlawful charges levied against my account. The charges applied I believe to be a disproportionate penalty and therefore unenforceable at common law.
The RBS have been applying interest to any outstanding balance through this dispute which I deem to be unfair and unjust as the interest added has been calculated on the unlawful charges applied.
You will also notice that RBS have once agreed to pay compensation regarding the unlawful and unwarranted default notice pursuant to s.10 & s.13 of the Data Protection Act 1998. This dispute continues, as they refuse to remove the unwarranted and unlawful default notice. A second request for the removal of the said default notice and compensation, pursuant to s.13 of the Data Protections Act 1998, has been put on hold by the RBS due to the current test case involving the OFT and several banks. As you are aware this dispute has nothing to do with the reimbursement of penalty charges. This dispute is regarding the unwarranted and unlawful issue of a default notice pursuant to s.10 of the DPA 1998 and the request for compensation pursuant to s.13 of the same act, due to unlawful penalty charges.

Again, notwithstanding the above, I believe all interest added to the account by the RBS since this account was placed in dispute, is unwarranted and unjustified. I shall be pursuing this matter further with the premise of claiming back the interest.

In addition to the above the RBS agreed, by way of the Citizens Advice Bureau, to accept a deposit of £1.00 per month on this account. This was set up by myself, please see ‘payments and transfer’ sheet and continues to be in effect.
This was set up as a goodwill gesture on my part even though the account was in dispute.

I have sent a copy of this letter the RBS and hope that between you, an amicable solution will immerge.
If I do not get a positive response from this letter, I will have not alternative but to pursue this matter through the courts.

No further warning will be given.

[WendyB]

Re: Rockwell

Just a couple of suggestions

I write in response to your letter dated 22/10/2007, in which you requested proof of the dispute between myself and The Royal Bank Of Scotland regarding the account in question.
I believe this issue is being dealt with unfairly and unjustly and if Rockwell, The Royal Bank Of Scotland or any other third party continue to harass me for this debt whilst it is in dispute, I will have no choice but to take the matter further and issue a complaint to the FSA, OFT and Trading Standards and if need be, take it to a court of law.
My reasoning for this is, both you and the said bank are in breach of your code of conduct. You have failed to follow a code of conduct issued by the OFT on the collections of debts from debtors. You also failed to ascertain the status of the account before pursuing any debt and continuing the collection of this debt whilst it is in dispute.
The RBS are in breach of s.2, s.13.7 & s.14 of the Banking Code and should not have passed on a debt that is in dispute. The FSA has issued guidelines on dealing with accounts in dispute.

Notwithstanding the above, please find enclosed copies of correspondence between myself and The Royal Bank of Scotland regarding the dispute. I also include a copy of the statement sent to me by RBS, showing deposits made by RBS.
I believe that the balance you allege is owing, is incorrect. Please find enclosed the initial letter dated 02/10/2006 which placed this account in dispute.
The dispute concerns unlawful charges levied against my account. I believe that the charges applied are a disproportionate penalty and therefore unenforceable at common law.
The RBS have been applying interest to any outstanding balance through this dispute which I deem to be unfair and unjust as the interest added has been calculated on the unlawful charges applied.
You will also notice that RBS have once agreed to pay compensation regarding the unlawful and unwarranted default notice pursuant to s.10 & s.13 of the Data Protection Act 1998. This dispute continues, as they refuse to remove the unwarranted and unlawful default notice. A second request for the removal of the said default notice and compensation, pursuant to s.13 of the Data Protections Act 1998, has been put on hold by the RBS due to the current test case involving the OFT and several banks. As you are aware this dispute has nothing to do with the reimbursement of penalty charges. This dispute is regarding the unwarranted and unlawful issue of a default notice pursuant to s.10 of the DPA 1998 and the request for compensation pursuant to s.13 of the same act, due to unlawful penalty charges.

Again, notwithstanding the above, I believe all interest added to the account by the RBS since this account was placed in dispute, is unwarranted and unjustified. I shall be pursuing this matter further with the premise of claiming back the interest.

In addition to the above the RBS agreed, by way of the Citizens Advice Bureau, to accept a deposit of £1.00 per month on this account. This was set up by myself and continues to be in effect. Please see ‘payments and transfer’ sheet attached.
This was set up as a goodwill gesture on my part even though the account was in dispute.

I have sent a copy of this letter the RBS and hope that between you, an amicable solution will emerge.
If I do not get a positive response from this letter, I will have no alternative but to pursue this matter through the courts.

No further warning will be given.

Having a grammar day today, hope you don't mind ( and I'm fed up with looking at purchase invoices and sorting out the VAT return)

[thephoenix]

Re: Rockwell

thanks wendy.

these guys are beginning to be a pain in the rump.

[thephoenix]

Re: Rockwell

Okayyyyy

had a letter from Rockwell, thats them disposed off :carrot: file closed and passed back.

Had a reply from RBS ( as i sent a copy to them) thanking me for the information regarding my claim for bank charges and will be sorted when the test case is concluded.
drrrrrrrr this dispute is not for bank charges.
Bloody hell fire cant they read.
No point in sending them another letter, they have had 4. If they ain't learnt to read by now, then I got no hope :roll: