Paying off Credit Agencies, please help

[bluelife09]

Hi All

Apologies if I am posting in the wrong place, but I am new here.

A few years ago I left Uni and was left with a lot of debt. I entered into a Debt management Plan, when it became clear I couldn't meet the amounts demanded by my creditors. I have now been on the DMP for 4 years and have been making regular payments. However, I have two CCj's and another debt with Royal Bank of Scotland which did not go onto the DMP so I have been maintaining regular monthly payments to these companies myself.

My problem is with the RBS debt. It was taken on by Unidebt Collections in 2003 and I phoned them in May 2006 as I have no idea what I owe on this account. They informed me that the original balance was £1263, including fees and charges and that after all this time of paying £30 per month I still owed £940 in May, due to interest being accrued.

I have never had a statement from them (they don't send them apparently) and I don't know what was the figure for the original debt, no information was ever provided.

I have just sent a request for an Subject Access Request (thanks to this site). Should I do anything else?

Sorry for the huge thread, but I wanted to make sure I gave as much information as possible.

[Bigmac versus]

Yes although why dont you send a Subject Access Request to the RBS also as you most probably had charges on that also, and if they are a lot you may be able to remove any defaults you received, hope this helps, good luck.

[bluelife09]

Would I be able to ask for all statements on my RBS account, even though they go back longer than 6 years. I think I opened the account in 1997.
Also, if I have a case, can I claim for longer than 6 years ago?

[lookinforinfo]

All companies are required under the terms of the Subject Access Request to provide whatever
data they hold on you regardless of the six year limit. However the banks seem to be saying that they do not keep statements beyond that time
which I find hard to believe that they are all so up to date that they are
virtually deleting data on a weekly basis if not on a daily one.
You might like to check out Bankfodders' excellent post here-
Do you have charges going back more than 6 years?

George is right to recommend an Subject Access Request to RBS. You could also send a CCA
request to Unidebt since that will force them to produce your original
agreement from RBS, plus they also have to send you a signed statement
of the payments you have made, those you have missed and those that you
still ahve to pay and their due dates as you have a payment plan in force with them. In fact, I would be inclined to hold fire on the Subject Access Request to Unidebt
until you see what they send with the CCA and how long it takes them. By
law you should receive it within twelve workng days, but in practice........

[bluelife09]

Lookinforinfo, thanks for the help. This will help me formulate a plan of action.

[bluelife09]

After reading lots of posts over the last two days I have rechecked my original letter to Unidebt, and I think I might have cocked it up. I cobbled it together from my own understanding before I hade seen this site. Could someone check to see if it is ok, or do I need to start all over agin? All help gratefully received.

Re: Royal Bank of Scotland Account No: xxxx, Sort Code: xxx

Following payment to Unidebt without query for a number of years I have decided that I would like to see proof of my alleged debt.

Under the terms of the Data Protection Act I have a legal entitlement to see the following information:

• The original account details and balance
• Charges to the account initially made
• Charges that have been made to the account since the original default date
• The date of default
• All payment information to date
• Outstanding balance
• Proof of legal entitlement to collect the debt on behalf of RBS

You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee. I request that this information be sent to me within 7 days of receipt of this letter. Failure to comply will result in an official complaint to the OFT, and can result in your prosecution.

[bluelife09]

Just checked my bank account and Unidebt have cashed my cheque for fees immediately. So, I should be expecting my CCA within the next couple of days. Hope they don't send it!!, but I am interested to know how much interest they have been charging me for the last 4 years.

[bluelife09]

Just recieved my Credit file from Experian, and it states that RBOS are the default creditor, no mention of Unidebt. So, would I be right in thinking that an Subject Access Request should go out to RBOS now. The good news for me is that it didn't default till 2003 so I can claim some of their charges back.

[bluelife09]

Well, the fun starts now. Sent of my Subject Access Request to RBS yesterday and Royal Mail shows it was delivered today, so now we wait!

The clock is ticking for Unidebt..............