Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
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    Default I need some advice, Ive been stupid! :(

    Hi there, I think I could be in a rather sticky situation with RBSicon regarding my VISA with them.. Let me explain...

    Last year I took out a RBS Credit Card around March with 6months interesticon free, It had a limit of £400. At this time I was living at a different address in Wales. I moved from Wales to Essex around May time and kinda forgot about the Credit Card. I had spent approx £350 on the Card and I forgot to update the address when I moved, so any letters etc have been going to the old address (I assume).
    I now think is high time I sort this out but I would like to know what I can expect to owe them?
    There is no direct debiticon set up to pay off the card so basically it has been left with a balance of approx £350 on it since last May.

    I assume they will have added no payment charges for each and every month since then? I am slightly worried that they may have got bayliffs involved or something to try a and reclaim the money but havent been able to find me? That may be a bit of pessimistic thinking?

    I just want to clarify what is likley to happen when I write to them explaining the new address.

    Many Thanks

    Ben

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  2. #2
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    Default Re: I need some advice, Ive been stupid! :(

    Hi there,
    Its kind of hard to say what will have happened to the bill. I would advise sending an SARicon request to them along with your change of address ( look in the templates libraryicon for a copy) along with a £10 Postal order so you can at least view your charges and whats been happening on your balance.

    If they have charged you, you could attempt to reclaim them. I would read through the FAQ's etc to give you an idea of whats involved.

    Hope this helps

    Maxibon


    Gonna take them for all I can and enjoy every second!


    RBS Account 1- S.A.R - (Subject Access Request) sent 20/12/2006
    RBS Account 2 - S.A.R - (Subject Access Request) sent 20/12/2006
    RBS Ac1- recvd S.A.R - (Subject Access Request) 28/12/2006
    Statements recvd Account 1 on 05/01/07
    LBA issued for Account 1 on 06/01/07
    7 days grace being given till 09/02/07
    Still no Response to S.A.R - (Subject Access Request) on Acc 2
    Breach on acc 2 DPA request
    N1 filed acc 2 28/02/07
    Acknowledged 16/03/07
    Defense submitted 30/03/07


    If you need any advice re Moorcroft just ask!!

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  3. #3
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    Default Re: I need some advice, Ive been stupid! :(

    It's impossible to say what the balance will be now & to predict what RBSicon will have done about trying to collect the outstanding amount or what charges you will have incurred. They may have withdrawn the 6months interesticon free offer as you did not pay - this is often in the T&C of this sort of offer.

    you will probably find they will have defaulted you for the debt & entered a note on your credit file. They may have even passed the debt to an outside agency for collection.

    As the maxibon said you could go down the SARicon route or even just call/write explaining the situation & ask to be brought up to date on the account etc. By going the SARicon route at least you will have copies of your statements so you can see exactly what you have been charged and this will hopefully assist you claiming back some of the charges.

    I think the key thing when you owe someone money is to talk to them & try & arrange a re-payment plan - hopefully they will be co-operative with this. If they've passed on the debt then they should give you the new contact details to try & arrange this.

    Obviously once you contact them & tell them where you are then you are comitted to paying this back - I spose it's probably only a matter of time before they 'find' you anyway tho isn't it?? Dunno how these things work tho if I'm honest!

    Good luck with everything & I hope you manage to get something sorted soon

    links to my current claims ...
    My claim - Yorkshire Bank Visa
    chezt V RBS Mastercard
    Chezt v RBS Joint Account
    chezt v Abbey Credit Card

    Settled ...
    chezt V Duet Card/Creation Finance
    chezt v's Studio Cards
    chezt v's Littlewoods Catalogue

    Next ...
    Abbey Joint a/c & Single a/c
    Barclaycard (Mine & Hubby's)
    Anyone else I can think of ...!

  4. #4
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    Default Re: I need some advice, Ive been stupid! :(

    Personally, I wouldn't send them a letter first. What will they do if they get a letter from you explaining a change of address? Will their priority going on giving you a status update or chasing you for your debt? Your debt of course.

    Ring them up and ask for a status update, try and avoid answering where you've been. See what they - have you been defaulted, what is the balance, who is managing the account atm. Once you know where you stand, tell them you will ring them back regarding repayment and stuff. Don't give them your new address now, wait until......

    Send off an SARicon requesting your statements. Expect a barrage of letters through the post once you've done that! Hopefully you won't have to wait too long for your statements and the quicker you get them the quicker you can send of your prelim. If by some miracle they haven't brought in the DCA, you can write on your prelim that the account is in disputeicon, this will then stop them being able to instruct debt collectionicon.

    Get a lot of reading in about successful claims where they have had defaults removed as you might need the knowledge. I would expect a late payment and over limit charge every month since you left it. Plus your interesticon, plus a couple of service charges probably.

    Man is that going to be a big statement to send back!!

    You could even skip the phonecall by checking online? Were you regsitered for Internet Banking? If not, see if you can register without having to speak to anyone. Worth a shot.

    If my post has been useful, tip my scales and let me know

    Always start with the User guide!
    Stuck with RBS charges? Click here!!

    RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

  5. #5
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    Default Re: I need some advice, Ive been stupid! :(

    Oh jesus, sounds like this is going to be bad!

    What does it mean to be defaulted?

    Thanks


  6. #6
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    Default Re: I need some advice, Ive been stupid! :(

    Well it's not good for your credit rating......

    Default (finance) - Wikipedia, the free encyclopedia

    As part of your claim you will be able to request this to be removed (I think) as the default will be as a result of bank charges.

    If my post has been useful, tip my scales and let me know

    Always start with the User guide!
    Stuck with RBS charges? Click here!!

    RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

  7. #7
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    Default Re: I need some advice, Ive been stupid! :(

    OK, I am going to ring them today..

    Should I not ring them and set up a direct debiticon to pay off the min a month to keep them at bay in the meantime? Could I request the statements over the phone? The account is less than a year old so there shouldnt be too many for them to sort out!

    If it has gone to an outside agency I assume there will be alot of charges by them added which I may have to pay?

    Not looking forward to this but It needs sorting!

    Many Thanks


  8. #8
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    Default Re: I need some advice, Ive been stupid! :(

    Quote Originally Posted by brobins View Post
    OK, I am going to ring them today..

    Should I not ring them and set up a direct debiticon to pay off the min a month to keep them at bay in the meantime? Could I request the statements over the phone? The account is less than a year old so there shouldnt be too many for them to sort out!

    If it has gone to an outside agency I assume there will be alot of charges by them added which I may have to pay?

    Not looking forward to this but It needs sorting!

    Many Thanks
    I think you're probably past the minimum payment stage as they will have defaulted you for the full amount. Once you get your statements & work out what charges you will be claiming then once your prelim is sent your account will be in dispute by you.

    This hopefully will buy you some time as there are grey areas over persuing/defaulting accounts in dispute. You could always try & reach some agreement over a repayment planicon if you wish as once this is sorted you will still owe them money & I spose it's all gonna come off the balance ... the sooner you start paying n all that.

    The general advice is don't ever set up d/debits to lenders (except your mortgageicon) this way you control your money not them

    Good luck - keep us updated

    PS - DON't give them your telephone number ... not even a mobile - They will hound you forever & they realy are not entitled to have it ... just tell them you don't have one!

    links to my current claims ...
    My claim - Yorkshire Bank Visa
    chezt V RBS Mastercard
    Chezt v RBS Joint Account
    chezt v Abbey Credit Card

    Settled ...
    chezt V Duet Card/Creation Finance
    chezt v's Studio Cards
    chezt v's Littlewoods Catalogue

    Next ...
    Abbey Joint a/c & Single a/c
    Barclaycard (Mine & Hubby's)
    Anyone else I can think of ...!

  9. #9
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    Default Re: I need some advice, Ive been stupid! :(

    OK I have just got off the phone with them, sorry 'chezt' i didnt read your post in time..

    Basically RBSicon have given the account to a company called Morecroft who are now handling it. The ballance is £428.27 (less than i thought)

    I spoke to Morecroft and they havent added any charges nor are they about to, they have set up 3 payments to clear it, i plan to pay the first payment on friday.

    Now, what I need to know is, is it best for me to pay off this debt then claim back all the charges from RBS? I will send off a SARicon today and see how much of that is charges (im guessing around £100) and also if I am defaulted!

    What do you think?


  10. #10
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    Default Re: I need some advice, Ive been stupid! :(

    No point - the debt is no longer with Halifaxicon so go get em....

    If you send away for a credit file (from experian) you will be able to see the extent of the damage. It costs 2 pounds.

    If my post has been useful, tip my scales and let me know

    Always start with the User guide!
    Stuck with RBS charges? Click here!!

    RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

  11. #11
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    Default Re: I need some advice, Ive been stupid! :(

    Sorry I dont quite understand? There is no point doing what?

    No point paying it off or no point trying to claim the charges back?

    Sorry for sounding dumb, I just really want to understand for future etc..

    Also how long would it take to re-build my credit score back up?

    Many Thanks


  12. #12
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    Default Re: I need some advice, Ive been stupid! :(

    Lol, sorry was a bit ambiguous. No point in waiting. Get your S.A.R - (Subject access requesticon) off NOW!!!

    Repairing your credit score might be as simple as sorting this claim out. Read up on successes with defaults being removed in the successes folder. Not really my area of knowledge but I know people have their defaults removed as part of this process.

    If it isn't removed from this, the default is on your account for 6 yearsicon. Unfortunately, it might prove to be a lot more expensive than the extra £150 in charges as it will affect your chances of getting preferntial rates on credit. Sorry to be the bearer of bad news........all the more reason to understand what you need to do to get it removed.

    If my post has been useful, tip my scales and let me know

    Always start with the User guide!
    Stuck with RBS charges? Click here!!

    RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

  13. #13
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    Default Re: I need some advice, Ive been stupid! :(

    Ah I see thank you..

    So how do I actually find out if I have been defaulted? Should I ring them back and ask? I guess I need to know this before i send off the SARicon?

    Cheers


  14. #14
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    Default Re: I need some advice, Ive been stupid! :(

    Don't really need to know right now. Your SARicon won't be any different.

    In the meantime you can find out by applying for your credit file from experian. If you do it on their website, it costs and pound and you should have your file in 10 days I think.

    If my post has been useful, tip my scales and let me know

    Always start with the User guide!
    Stuck with RBS charges? Click here!!

    RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

  15. #15
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    Default Re: I need some advice, Ive been stupid! :(

    Right ok I see..

    So I include the request to remove the default in the prelim, lbaicon and money claim then?

    Thanks for your help, I think I am understanding this a bit better now..


  16. #16
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    Default Re: I need some advice, Ive been stupid! :(

    If that what it says in the instructions.......I don't know because I've not had to use it. Of course, you need to get that credit file first so you can find out!

    If my post has been useful, tip my scales and let me know

    Always start with the User guide!
    Stuck with RBS charges? Click here!!

    RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

  17. #17
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    Default Re: I need some advice, Ive been stupid! :(

    Quote Originally Posted by brobins View Post
    Right ok I see..

    So I include the request to remove the default in the prelim, lbaicon and money claim then?

    Thanks for your help, I think I am understanding this a bit better now..
    If you are going to request default removal in your POCicon then you will have to use the N1 route as the form on MCOL will not have enough characters - it's limited to how much you can use on the online form

    links to my current claims ...
    My claim - Yorkshire Bank Visa
    chezt V RBS Mastercard
    Chezt v RBS Joint Account
    chezt v Abbey Credit Card

    Settled ...
    chezt V Duet Card/Creation Finance
    chezt v's Studio Cards
    chezt v's Littlewoods Catalogue

    Next ...
    Abbey Joint a/c & Single a/c
    Barclaycard (Mine & Hubby's)
    Anyone else I can think of ...!

  18. #18
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    Default Re: I need some advice, Ive been stupid! :(

    Hi a small update to this,

    Today I rang Moorcroft to make a payment! (I had arranged a 3 payment plan) i.e £428.27 slpit into 3.. Only they today offered me a £85.65 discount to settle the account today which worked out at £342.62.. Obviously I accepted and paid it all off to close the account..

    Now, is this common? And could this effect my claims with RBSicon? I mean who has written off the £85.65? RBS or Moorcroft?

    I am glad that I have settled up and actually saved money in the proccess!


  19. #19
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    Default Re: I need some advice, Ive been stupid! :(

    Quote Originally Posted by brobins View Post
    Hi a small update to this,

    Today I rang Moorcroft to make a payment! (I had arranged a 3 payment plan) i.e £428.27 slpit into 3.. Only they today offered me a £85.65 discount to settle the account today which worked out at £342.62.. Obviously I accepted and paid it all off to close the account..

    Now, is this common? And could this effect my claims with RBSicon? I mean who has written off the £85.65? RBS or Moorcroft?

    I am glad that I have settled up and actually saved money in the proccess!
    Sounds a bit strange! Are they going to send you confirmation that the debt is cleared & update your credit file??? I've heard some companies agree to 'write off' debts but that they still sorta leave it outstanding but it's just an agreement not to chase it. This may not be the case here as they prob bought your debt from RBS for less than you owed anyway. There are lots of posts on this forum about Moorcroft so I would have a read around if I were you to see if this is usual practice.

    I'm sure there are lots of folk with moorcroft experience who can help.
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    links to my current claims ...
    My claim - Yorkshire Bank Visa
    chezt V RBS Mastercard
    Chezt v RBS Joint Account
    chezt v Abbey Credit Card

    Settled ...
    chezt V Duet Card/Creation Finance
    chezt v's Studio Cards
    chezt v's Littlewoods Catalogue

    Next ...
    Abbey Joint a/c & Single a/c
    Barclaycard (Mine & Hubby's)
    Anyone else I can think of ...!

  20. #20
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    Default Re: I need some advice, Ive been stupid! :(

    Yes they are sending me a recipt and confirmation that the account is now closed. Happy days i think.

    So what would happen with RBSicon now, I guess moorcroft tell them ive paid up? is my RBS still active or would they have stopped it? I dont know what usually happens once you pay up to a DCAicon?

    Cheers



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