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I CCA'd RBS back in March/April - they replied that they cannot find the Credit Agreement and although they cannot therefore enforce the debit, they expect me to pay.
The balance now is £9,600 what would be an reasonable ff&s offer? (bearing in mind they cannot enforce)
The account has already been defaulted in 2008 so I would like to tie its removal into the FF&S
Hi Al1971
Are you sure you want to do this?My friend in similar circumstances had the same lack of agreement and from then on RBS just sent monthly statements with the account remaining static, with no interest. He had no further contact with them after that. Initially his credit file stated "u" (unknown) for this account, then after 6 months it disappeared from the file!
However, if repairing your credit file is crucial and you definitely want to go down the F&F route here's a good guide: Debt Factsheets - Full & Final Settlement offers
All the best,
Elsa x
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All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert. Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx Please click the *star* of any CAG member who has helped you .
Meant to say that I have been paying £50 per month to RBS as a reduced payment and the interest is frozen.
Will cancel the monthly payment and hopefully that focuses their minds. They have already defaulted me so their options are limited I would imagine. I suppose they could pass it to a DCA but they cannot enforce it either.
It's up to you..
I personally wouldn't pay them, but you could maybe offer them 10% stating its a limited time offer for F&F ONLY on the understanding that the default is removed and the balance written off. If they do not accept it then (bearing in mind they are unable to enforce the agreement in court and you have nothing to lose since the default is already registered) tell them there seems little point in continuing to make payments until or unless a valid agreement is produced, as is your legal right under the Consumer Credit Act 1974.
Wait for more input too..it's just my opinion
Elsa x