RBS 2004 - letters, Default Notices or Termination

[Boxerdog8]

Dear all,

could anyone post up or send via pm a copy of any RBS or Tesco Personal Finance letters, Default Notices or Account Termination. A DCA has dragged me through the courts on reconstructed documents. If I could see any copies between for 2004 or 2003-2005 I could show the Judge they are made up..............please I am facing a very large claim in the Fast Track and this could help reduce the costs by £15K a simple copy of a letter/DN dated 2004.

Many thanks,
Boxerdog :beagle:

[teaboy2]

Re: RBS 2004 - letters, Default Notices or Termination

Simply point the judge to section 61 of the consumer credit act 1974 and section 127 (3) (section repealed in 2007 but still applied to agreements from before 2007) of the same act. It makes it clear the claiment needs to provide a true copy of the signed agreement and not a reconstituted version in court.

Also strict them to proof Postage, service/receipt of the DN/Termination notices and that such notices wee valid, and Strict them to proof that they have a true copy of the original agreement signed by you and not just an allege reconstituted version that they merely claim you signed and that said agreement was properly executed as per section 61 of the consumer credit act 1974.

[Boxerdog8]

Re: RBS 2004 - letters, Default Notices or Termination

Thanks you Teaboy, they have the original application form although one has been blacked out on top. The reconstructed T&C look good. The DN has an error on but the legal advice I have been given is that its a minor error and the Judge will require more. If I can see a RBS Default Notice 2004 I can show it is clearly a very different document. Allowing reconstructed documents in court is very hard to beat and it has to be a large error.

[Sparkie1723]

Re: RBS 2004 - letters, Default Notices or Termination

Can you tell me if your account was transferred to CMS Telford at any time.....this is very important...............as you would have been allocated what is called a "Router Account" this account and the processing of it is kept " Secret" from customers.......But this system was flawed ( admitted by RBS).........If you have received correspondence from CMS Telford I would contact member "IhateRBS"
He is the one for these Router Accounts, he knows more about them than RBS do!!!!
Sparkie.

[Boxerdog8]

Re: RBS 2004 - letters, Default Notices or Termination

thank you sparkie, it was so long ago. I defended via Statute Barred but the DCA found some payments made to different company (Triton) but they turned up on some recreated credit card statements. It's a credit card account and I do not recall Telford being involved. How a Court can accept these documents I do not know, DCA are baying for my home. There are a few minor errors but nothing realing glaring and the Judge will rule in favour of the DCA unless I can show how made up the documents are, hence if anyone has a original DN dated 2004 RBS. (I'm defending but spending so much time trying to get the CLaim struck out).

[Angry Cat]

Re: RBS 2004 - letters, Default Notices or Termination

Triton is the in-house collection department of RBS.

[debbbs]

Re: RBS 2004 - letters, Default Notices or Termination

At the end of the day, whatever agreement they come up with, it has to have your signature on it.

Triton Credit Services are the inhouse recovery department of the RBS, they work alongside Customer Management Services in Telford.

Have you sent a SAR to the RBS ?

This may reveal any discrepencies with the way the account was managed, CMS have an internal log, a 'Diary Event History', which you can request a copy of when you do a SAR. This would reveal all transactions and correspondence relating to your account, and would also have recorded when the default notice was sent. It would also log communications between the bank and the DCA, and any request for documents, and what they supplied. This log is held on CMS's system.

The problem with a SAR, you have to give the bank 30 days.

If time is an issue, you can use Court Procedure Rules( I think part 18), for full disclosure of all documents that you need to defend this claim, and answers to specific questions. They have 7 days to respond. This request goes directly to the claimants solicitor named on the claim.

However, as it is CMS who have the internal log, SAR RBS's data manager in Edinburgh, but copy CMS on the SAR. Send both special delivery.

You could also inform the courts, explain the situation and ask for an adjournment to allow the claimant the opportunity to comply with your request.

Debs

[Boxerdog8]

Re: RBS 2004 - letters, Default Notices or Termination

Dear Debs,
I signing off this thread. I have been able to gain legal representation on a no win fee. I wish you all well, my only advice is to gain legal representation as you need someone who knows how to play the large legal firms, knowing it is wrong is not always enough. The Judges will often just rule on the mostly likely and if they can see you owed them money it is hard to convince a Judge that the documents are not correct, a small error will not convince him/her either...............I did get an offer of probono help but the unit could not find a barrisitor, I had to really push for help and do a great deal of research, so do not put all your eggs in one basket. If I beat the DCA in Court I will let you know!