Regal Credit - Natwest Bank

hsj2011

Spendnsave2010 wrote: »

hi hope you dont mind me jumping in here - what is the "additions" on the current account? i have just opened a current plus account hoping to ge an interest free overdraft however i did it online and received the info today in the post stating my card and pin are on the way - i spoke to someone in the bank and they said i can't have a overdraft at the moment and to try again 3-6 months after opening the account but after looking at all the charges that can be incured on the account i think i may be best off with my basic account

The additions account was one where they provided travel insurance and other extras but charges £15 per month for the privilege.

hsj2011

Hi All.

I have just received the following email response to my email sent as per their instructions (detailed in post 6).

Dear xxxx,

Thank you for your email.

Please find attached a copy of our Complaints Procedure.

For a copy of your original application under Section 78 of the Consumer Credit Act, your written, signed request needs to be re-directed to:

CCA Requests
Cards Customer Services
PO Box 5747
Southend-On-Sea
SS1 9AJ

You will need to enclose a covering letter stating what you require and enclose a cheque or postal order for £1.00, made payable to RBS plc, with your RBS reference number clearly quoted on the reverse.

For copy statements to show how the balance has accrued, your written, signed request needs to be re-directed to:

Data Protection Requests
Cards Customer Services
PO Box 5747
Southend-On-Sea
SS1 9AJ

You will need to enclose a covering letter stating what you require and enclose a cheque or postal order for £10.00, made payable to RBS plc, with your RBS reference number clearly quoted on the reverse.


We note that you now require all communication to be in writing. To comply we have removed your numbers from our active screen. However, we are duty bound to advise you that if the matter cannot be resolved due to the lack of communication the matter can be escalated early to our Field Collections Team and if still outstanding onto our Legal Department.


Please be advised, your formal complaint will be dealt with separately.

Does this sound right? Do I need to send a 'signed request'?

fermi

What did you say in the letter that you sent them?

Have they provided any proof that you owe the money, and what for?

fermi

hsj2011 wrote: »

She told me it relates to a Natwest Credit Card that I took out at the same time as opening my bank account 8 years ago.

That would be statute barred if you have not made a payment towards it or acknowledged it for 6 years.

fermi

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Reference number :

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that we have no knowledge of any such debt being owed to REGAL CREDIT/NATWEST BANK.

I NOTE THAT YOU HAVE DISREGARDED PREVIOUS REQUESTS TO PROVIDE PROOF OF MY LIABILITY FOR THE DEBT YOU ALLEGE IS OWED, CONTRARY TO OFT GUIDELINES.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would further note that based on the information you have supplied, this account would also be statute barred under the Limitation Act 1980

Under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

Furthermore that the OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

We would ask that no further contact be made concerning the above accounts unless you can provide evidence of both:

(1) proof of my liability regarding this debt.

and

(2) payment or written contact from me in the relevant period under Section 5 of the Limitation Act.

We await your written confirmation that this matter is now closed.

Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully




Mrs A N Other

hsj2011

I sent the letters outlined here:

Prove it letter http://forums.moneysavingexpert.com/...93&postcount=2
telephone harrasment http://forums.moneysavingexpert.com/...85&postcount=4
don't doorstop visit http://forums.moneysavingexpert.com/...9&postcount=58

I am just stunned that they are saying I have to pay to get proof that I owe the money.

I do not believe the debt is statute barred and don't wish to claim that it is until I have proof (via statements) that no payment has been made.

fermi

hsj2011 wrote: »

I am just stunned that they are saying I have to pay to get proof that I owe the money.

They are breaching OFT guidelines by trying that one on.

See this: https://forums.moneysavingexpert.com/discussion/2992820

Sections 2.2 (e), 2.6 (h), 2.8 (i), and 2.8 (j) at the very least.

hsj2011

I have received a letter today from Regal Credit (the first letter I've had from them I might add) and it says the following:

Dear Mr x,

Further to your email to xxxxx on 27th January 2011 at 12:52pm, I write to advise you of the following:

Our client has fulfilled their obligation to provide regular statements and a copy of your original credit agreement when you took out the above credit card. If you require copies of these, under the Terms and Conditions of your original contract there is a charge, and the instructions on how to request this information have been set out quite clearly to you (see email from xxxxx on 26th January 2011 at 11:46am).

You have not provided any further justification as to why you believe the debt to be in dispute. The OFT's guidelines and objective interpretation of the legislation you have quoted is to give debtors the right to obtain information. It is not a device for debt avoidance.

We are therefore duty bound to advise you that unless we receive your proposals for repayment of the above liability by 4th March 2011, we will, being unable to contact you by telephone, have no option but to escalate this matter to our Field Collectors, then onto our Legal Team, as unpalatable as this may be to you.

This is our Final Response. In the even that the contents of this letter do not satisfy the issues you have raised, there is an escalation process available through the Financial Ombudsman within 6 months of receipt of this letter.

Yours sincerely,
for Regal Credit Consultants Limited

So...what now? Any advive would be hugely appreciated.

fermi

What did you email them with on the 27th?

hsj2011

fermi wrote: »

What did you email them with on the 27th?

The letters outlined in post 17