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I have other threads on CAG at present, the main one I have is about my battle with creditors following the death of my husband a little while ago.
That is hard enough to bear but now RBS are pursuing me (and my husband) for debts that were settled in Jan 2007.
The background briefly is that we were in debt to multiple creditors following the loss of my husband's business so entered into a dmp with the CCCS.
At the end of 2006, we sold a house we had in order to offer F&Fs to all our creditors and start again. The mortgage was with RBS and they would not release the final mortgage settlement figure until we agreed to pay everything we owed them first from the profit. We reluctantly agreed as we were desperate. All this was dealt with by RBS's solicitors, Shakespeares in Birmingham.
We continued with the dmp as we no longer had the funds to offer a reasonable figure to our creditors to clear the remaining debts.
At the beginning of this week, a letter arrived addressed to my deceased husband's business saying he owed RBS on a business loan. I telephoned RBS and was told they could not find the reference number I gave them so could not give me any information.
I wrote to them telling them my husband was dead and the debt was cleared nearly 2 yrs ago.
This morning, 2 more letters have arrived from RBS. One addressed to me and one to my husband formally terminating our overdrafts...which were terminated about 3 yrs ago and repaid from the house sale...and asking for payment
I am at my wit's end.
The strange thing is, when I reclaimed our bank charges last year, initially RBS refunded the charges to my account which had already been terminated the previous year and I could not get them because(according to the RBS) the account was OVERDRAWN by £1000
I contacted Shakespeares solicitors who confirmed that the balance on all our accounts was zero but...."somebody" had not passed the money from the house sale across to RBS The solicitor graciously said the extra interest incurred would be wiped off ...very kind considering we didn't even owe it.
I cannot believe this is happening.
I feel like giving up or throwing myself in the river. I just can't sort all this mess out as well as dealing with my husband's estate, my own creditors and my grief.
Can I write to my MP? I have read thet writing to the OFT is a waste of time....I saw that on a post by Bankfodder.
Me? I'd send them a letter telling them to sod off and to see you in court once they've worked out whether there's anything your late husband actually owed and reminding them that if the judge agrees he did, then they'll have to take their turn in their share of the estate. You might want to point out to them that since the original terms were for a F&F (if I understand you rightly, I am a bit confused as to who was owed what), then F&F it is and if they have made an internal error, then that is their problem not yours.
You could try to ask that since the error was theirs and theirs alone, they should write off any alleged amounts as a gesture of good will, pointing out that they are unlikely to get the full amount any time soon if at all once you submit an I&E sheet to the judge, that is if they can even prove you owe the money in the 1st place.
I have to say it looks like a fishing expedition to me, but then I don't know the extent of the financial knots you're trying to unravel. If as far as you knew it was all paid off, then that's where you start from to deal with it, it isn't your duty to make sure they pay themselves first and if it was an internal error, then tough.
Apologies to people who I was in the process of helping, I may be gone some time.
Thanks so much for both your replies.
I know I am not explaining things very well but it is so difficult to get my brain to process things logically.
All the RBS debts were settled in Jan 2007 from the proceeds of the house sale and they were removed from our dmp Creditors list by CCCS.
However, according to the letters I received last week from RBS, we have made partial payments towards the debt on Sept/Oct 2008. How my husband managed this when he died 3 months previously I cannot imagaine.
But there is no debt to RBS. It wasn't even a Full and final partial payment...RBS got every penny they said they were owed before we received the balance of the house profit.
I will try and calm down and attempt to compose a letter to the OFT and the FSA.
I feel like going to the Press as JonCris suggested on my other thread relating to my husband's death and his debts....RBS have already written off his CC balance.
Then write back to them and say what you have told us here:
Dear Morons,
All the RBS debts were settled in Jan 2007 from the proceeds of the house sale and they were removed from our dmp Creditors list by CCCS. You got every penny you said was owed before we received the balance of the house profit.
If you have made a mistake in attributing those monies as you acknowledged on the phone in our conversation of [insert date], then that is really your problem, not mine. I remind you that I have more than enough to deal with seeing I have recently lost my husband without having to deal with your accounting mistakes, a worrying state of affairs for a bank incidentally.
May I respectfully suggest that you write off the alleged debt, show some understanding of the painful situation I'm already in and please stop hassling me for your mistakes?
Yours etc...
That's the kind of thing I would send anyway. If your situation is really bad, add an income and expenditure sheet to show that you can't repay anything towards the alleged debt anyway, something which shows that they'd be unlikely to get more than £1 a week if they're lucky should they go to court AND win it... ;-)
Apologies to people who I was in the process of helping, I may be gone some time.
Bookworm I have printed off letters to send to RBS using your template. Thanks.
I have asked them how on earth they can record a credit to the account in October 08 as I have had no correspondence from them for over 18 months.
I will give them time to reply and then send an SAR...don't want to waste £10 if I can help it.
I have been reading loads of threads on CAG...as you do
I have had a thought.
The letters that have arrived from...supposedly...RBS.. .are for 2 overdrafts which I believe are not covered by the CCA so I could not CCA them and a business loan in my husband's name.
Are business loans covered by the CCA?
On a thread I was reading it said that a company does not have to comply with a CCA request if an account is closed....does this apply to an Subject access request?
As the business loan would have been closed when the balance was paid off following the house sale, if RBS write back and say the account is closed...haven't they shot themselves in the foot?
Interestingly, there were about 7 RBS accounts that were cleared at the time from the house profit, but I have only had letters about 3 of them. I wonder if RBS have sold the ones that aren't covered by the CCA?
I bet that is as clear as mud but i know what I am trying to get at.
It does not apply to a SAR. The bank have to comply whether the account is open or closed. If your husband has passed away then they do not have to comply with a SAR since the Subject is deceased(so his accounts). However, they do have to comply with a request from the executor of his estate for copies of all account statements. It does seem very odd, as accounts would be frozen at the date of death on single accounts. Worth checking if they have the fact that he has passed away.
I submitted an original copy of his death certificate in July 2008. But that was for his RBS credit card so maybe it doesn't register on the rest of the system.
RBS should have a central estates team(apologies, I work for Natwest which does have). Worth giving customer services a call and asking them. They(Estates Team not customer services) will be shut by now but open 8 til 6 with NatWest(I suspect it may deal with all RBS Group customer deceased accounts).
Thanks for that but I really don't know if I can actually face talking to any banks at all about money at the moment.
I will wait to see what RBS come up with in response to my letter.
On Christmas Eve, received a grovelling apology from RBS saying thatt eh threatening letters were a "computer error".
All accounts now stand at zero and please please forgive us for disturbing you at this difficult time
I hope someone has had slapped wrists although I doubt it.
Thank you everyone who responded to my original posts.
On Christmas Eve, received a grovelling apology from RBS saying thatt eh threatening letters were a "computer error".
All accounts now stand at zero and please please forgive us for disturbing you at this difficult time
I hope someone has had slapped wrists although I doubt it.
Thank you everyone who responded to my original posts.
I'm glad it's all sorted...enjoy the new year.
Mmmmmm RBS seem pretty good at bringing dormant accounts back to life?
An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
Winston Churchill
Now if you wanted, you know you could write back saying: "not good enough, you put me through weeks/months of anguish and hell at one of the worst times of my life, what are you planning to do to compensate me?"
Punish them through the only language they understand: their pockets. There's no reason they should get away with a letter of apology, if you hadn't stood up to them, they would have pursued you relentlessly, regardless of your circumstances.
OTOH, I can understand if you are so relieved you just want to forget all about it, but it's worth thinking about, you have nothing to lose by sending one letter. ;-)
Apologies to people who I was in the process of helping, I may be gone some time.
I agree with Bookworm completely...they have admitted sending you threateneng harrassing letters, in a most difficult time for you that amounts to aggrevated severe distress anguish and pain....you thoroughly deserve substantial compensation from RBS.
Later when you feel more up to the challenge I would inform them so.
This is all getting too much. ***WON***
are pursuing me (and my husband) for debts that were settled in Jan 2007.
The solicitor graciously said the extra interest
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I mean, WE know they're morons, but it wouldn't do calling them that to their faces!!! 
Originally Posted by Bookworm
