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I have 20 k outstanding from RBS. Had a loan I couldn't afford in end - I beleive I als had about 6k of charges in that time and probably had PPI.
I adcised them I couldnt pay and they told me to WAIT and let the account go to default- so I agreed .
I then initially decided to pay 200 per month but as I have a lot of other debt I needed to go to a debt management plan- in the mean time they ccj'd me and I was told to pay 71 per motnh. I do this and I think I have done for about 2 years now. The dmp wasnt for me and so I have paid the account off directly to rbs.
Today I have had a letter from them I have to go to court on March 2nd because they have decided it will take 27 years to pay off and they arent happy to wait that that long! I phoned some person (who I had to remind to speak to me in an appropriate manner! - I acted dim by messing up but really im not!)
He has said they will be asking for payment now and if I dont comply then they will put an order against my home !!!!! This has made me very upset - the other half doesn't know the half of this and he will not be very happy with me!!!!!!!!!!!
any sugestions............... ......................... ...........
Hi,
hopefully someone with more legal knowledge will come along to help.
They have stated that it is going to court on the 2nd March. Have you recieved confirmation from the courts ? [from my limited knowledge, I don't think they can do this, it doesn't give you enough time to challenge them].
The CCJ was for £71 month. You have complied with the court ruling. They cannot go for a charging order unless you default on the payments.
Have they actually stated
1. What your current debt is ?
2. How much extra they want?
3. how much you have paid?
4. Are they adding interest post judgement?
Monday morning. Speak to the courts.Confirm the date.Is it at your local court, if not you can apply to have it moved or ask for an adjournment. They tend to be very helpful.
Do a SAR & CCA request on RBS. This will show whats going on.
I bet, since the CCJ you haven't recieved a statement.The Banking Code of conduct states that they will give you statements regularly. It doesn't say that people who default will be denied this legal right.
Debs
I havent had a statement at all ! I actually pay them 72 per month since the court gave me a ccj - that started with my dmc then I went on to pay 18 per week by standing order.
They said that due to fact i was apyinf wekly (this is because its easier forr me this way) I was mis-allocated a mnth and I had a snotty letter about this and I called straight away to make the payment - I was then told on the phne that I would not be persued any further ( this happened back in August 2008) I had been threatened at the time with an application of a charging order but I was assured all was ok until now.
Also , this snotty letter was for the whole original amount outstanding, the new letter 5 months later is for about 2k less.
I have a Notice of Hering , as I cant scan I will type:
Its in my local court.
it states:
TAKE NOTICE that the hearing for variation will take place on 2nd March at blah at your local court.
when you should attend ( I boubt very much I can be released ffrom work for this)
10 minutes has been allowed for the hearing.
Please note: this may be released to another judge, possibly at a different court.
Next Page is Appplication notice at Telford county court - on 10/01/09 part a:
We RBS apply for an order that the time and rate of payment be re-determined pursuant to CPR 14.13 (1). (2) permission be granted to the claimant to apply for a charging order to secure the instalment judgment.
Then on next page:
I wish to rely on the following evidence in support of this application:
The defendants is indebted to the claimants under account numbers xxxxx proceedings were commenced against the defendant on 22/1/07. The court ordered that the judgement sum of £xxxxx be repaid at the rate of £71 per month.
If the defendan pays to the claimant the sum of £71 then the debt will be paid in approx 27 years. The defendant owes the sum of £xxxxx to the claimant. At the present time, the claimant has no security or payment of the debt. The claimant therefore wishes to apply for a charging order to secure the debt. If the districe judge is not minded to grant an order that the judgement be varies to forthwith, I respectfully ask the court to grant permission for the claimant to apply for a charging rder to secure the instalment judgement.
Just to add, the bank actually posted me 6 years staements a while ago when I called - there are about 6k worth of charges on there and I am sure that I am still paying interest because the acc that the 72 goes in to is not my loan acc it is the first bank acc that I had with them.
Just to add, the bank actually posted me 6 years staements a while ago when I called - there are about 6k worth of charges on there and I am sure that I am still paying interest because the acc that the 72 goes in to is not my loan acc it is the first bank acc that I had with them.
To defend the charging order you'll need a full breakdown of what's happend to your accounts post judgment, as a matter of urgency you should make a request for further information. Forward a copy to court.
Paul
Dear Sirs
REQUEST FOR INFORMATION CPR18
I am in receipt of your intended application to seek a charging order dated ******. In order to file a defence I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.
The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.
1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records you hold on me relevant to this case, including but not limited to:
a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Yorkshire bank plc.
c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
i. Copies of statements for the entire duration of the credit agreement.
3. Any other documents you seek to rely on in court.
I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, I will seek an adjournment as you are effectively denying me the opportunity defend your application.
Yours Faithfully,
An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
Winston Churchill
( I boubt very much I can be released ffrom work for this)
Becky, if this does go ahead, you really need to attend this hearing. Send Paul's letter ASAP.
Now that you have some of the statements, calculate exactly all the interest & charges Post Judgement.
I am sure that I am still paying interest
Becky, you have to challenge this. They CANNOT add interest after judgement unless your agreement allows it. If the CO is made up of charges & interest after judgement, they will have to provide the court with proof that they can legally do this. The only way to fight this is to get as much data as possible from the bank.
Just to add, the bank actually posted me 6 years staements a while ago when I called - there are about 6k worth of charges on there and I am sure that I am still paying interest because the acc that the 72 goes in to is not my loan acc it is the first bank acc that I had with them.
You say they are applying your £72,00 to another account...can you eleborate.
It may be the case that RBS have been appropriating your payments in a way most beneficial to the bank.
An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
Winston Churchill
WOW!!! I will get that letter straight off thanks!!!!!
Ref paying in - I had an original bank acc - then added an account - then got a loan ..They added all the outstanding monies to the amount on the loan and now I pay them but to my original bank account number and sort code if that makes sense?
I will check out the charges they gave me and let you know !!!!
I have sent the letter off thnax v much - it gives the bank 14 days to respond to me but I have to go to court on the 2nd - which is still within the time I have given them!....if i seek an adjournment do i have to do it in person? are there people that can stand in the place of idiots like me?
To be honest with you , the thought of actually going to court is making me feel sick with worry now! and I know if th other half finds out im def for it!...................... .....I just wish I could disappear at the mo
I'm sick with panic the thought they're going to take the house from me now - can this happen?
I have sent the letter off thnax v much - it gives the bank 14 days to respond to me but I have to go to court on the 2nd - which is still within the time I have given them!....if i seek an adjournment do i have to do it in person? are there people that can stand in the place of idiots like me?
To be honest with you , the thought of actually going to court is making me feel sick with worry now! and I know if th other half finds out im def for it!...................... .....I just wish I could disappear at the mo
I'm sick with panic the thought they're going to take the house from me now - can this happen?
You'll need to show the judge that you haven't missed a payment on the installment order. There's case law that states if the judgment debtor hasn't defaulted on the installment order then the court shouldn't enforce the debt with a charging order...you will also need to show the judge that you dispute the debt due to unlawfull chgarges and request they provide a copy of the loan agreement. Don't worry we'll help put a sleletin argument together.
An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
Winston Churchill
I woud also make a CCA request asap...the bank will refuse to comply, so at the hearing make the judge aware of this and state you need to see a copy of the original agreement's terma and conditions in relation to the banks legal right to levy charges and interest post judgment.
An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
Winston Churchill
As per the section 7 of the Data Protection Act 1998, "Subject access request", I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a true copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, internal and external emails; any other information held on any/all types of media in any relevant filing system (microfiche included). I should receive your full compliance within a maximum of 40 days of this letter being recorded as delivered by Royal Mail.
I enclose the statutory fee of £10 by way of a cheque and remind you that you have a total of 40 days in which to comply from the delivered date of this request.
Furthermore, I specifically request you to forward all documentation in relation to the processing of the banks internal Router accounting system that relates to me.
May I confirm, as the ICO has already, that the 40 day time limit is not to be used as a guide for responding to the request but is the maximum period allowed in law and that whenever possible a data controller should proceed with all possible expediency in fulfilling such a Subject Access Request.
I await your timely responses
yours faithfully
An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />
Winston Churchill
I've heard nothing from the bank and now they have send another letter to the court requesting that they get a charging order put on me !
the court date is on tues 2nd which once again is v inconvenient ...............still no statement of account!
it also says on court letter that I accpeted liability - which I didnt because I had a debt management company working for me at that time so wether or not they did is another matter!
another thing- i topped up my loan via fax because i didnt live near branch holding account - i wonder how many times i did sign the original exactly ?
RBS - is it too late to stop them?
. Had a loan I couldn't afford in end - I beleive I als had about 6k of charges in that time and probably had PPI
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Re: RBS - is it too late to stop them?
Originally Posted by becky75
