cca r.b.s in default what now?

**jezzyjet** · 17th May 2007 22:03

hi there

I send a cca request to RBS icon

mastercard and now the 12 days have passed with no reply so its in default ,the 8k debt had been passed on to triton and i expect they will still try to collect should i

1/ request cca from triton to shut them up?
2/ write to triton to tell them rbs are in default?
3/ just sit and wait for 28 deadline?
4/ a.n.other?

many thanks

jezzy

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**rory32** · 17th May 2007 22:11

3/ what 28 day deadline? It's 12 working days after receipt they are in default, after another 30 calender days they commit a criminal offence.
I would wait until triton get in touch with you before bothering to write to them.

**jezzyjet** · 18th May 2007 00:45

hi rory ! is it rory with the similar claim? up in scotland? hows yours? and what should i say to triton if they call?

all the best jezzy

**rory32** · 18th May 2007 12:29

I have 3 claims against RBS icon

that are ongoing (2 are CC's).
If triton phone you I would firmly tell them that the account is in dispute icon

and they can not lawfully pursue it. I would also tell them that if they continue to pursue it you will report them to Trading Standards and the OFT. I would then send them the harrassment by telephone letter as well as a letter quoting this Debt Help UK : Administration of Justice Act 1970 | UK debt consolidation service with free help and advice | UK debt consolidation service with free help and advice
I would not bother writing to RBS until the 30 days have expired and they have committed a summary criminal offence.

**jezzyjet** · 18th May 2007 20:13

you the man rory! many thanks jezzy

**rory32** · 9th August 2007 01:40

Is this the account you meant jezzy? What was in the letter that RBS icon

sent you saying that they couldn't find your agreement? How did they word it? When did they apply the default?

**jezzyjet** · 9th August 2007 15:59

hi rory,they sent me a letter saying due to the timescale (11 years) we are unable to locate the cca however this does not mean it dosent exist bla bla,the default letter was sent to me a couple of years ago when i fell behind on my payments long before i started any actions,what do you recon? will be online tonight jezzy

**rory32** · 9th August 2007 17:34

Do you want the debt written off or do you want to reach a Full and final icon

settlement as a percentage of the balance on the account? Either way they will be reluctant to remve the default and you will probably have to deal with this seperately.

If you want the debt written off have a look at this thread http://www.consumeractiongroup.co.uk...s-oh-dear.html page 2 has the letter I used when I was in similar circumstances to yourself.

**jezzyjet** · 9th August 2007 21:34

hi rory ,nice result browsed through thread quickly will study in depth when i have more time, if you dont mind telling me how much did they write off? i think you may have told me before because i think it was a similar amount to myself but i may be wrong jezzy ps,that letter you sent them was brill you must have balls the size of space-hoppers!!!lol

**rory32** · 9th August 2007 22:34

if you dont mind telling me how much did they write off?

£10K give or take a few quid.

**jezzyjet** · 9th August 2007 22:49

Result!!!,i have had a bit of a break from my claims due to a remortgage nightmare that took nearly 2 years,but now im starting up again,will leave the RBS icon

to simmer for a while as ive several other claims totalling around 12k that will help me pay off my overdraught,and rbs for now seem to have gone silent, will keep you informed of my progress and no doubt be in touch for your sound advice jezzy

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