Jump to content


  • Tweets

  • Posts

    • god they've got at you haven't they. told you all the usual utter BS. a CCJ vanishes from your credit file on it's 6th B'Day regardless to being paid off or not or paying or not. same with any debt with a registered defaulted date - it vanishes from your file on the DN's 6th B'day regardless. creditfix are Knightsbridge, (they renamed) there are 100's of threads here on Knightsbridge, if i remember rightly 2 of the directors of a certain very big IVA provider were struck off for embezzling £1m's out of debtors. pers i'd stop paying now.  end of . just ignore them all. 99% of your debts are to utterly powerless DCA's and probably were never owed in the first place only goes to firm up my belief from post one..you got had blind. its very easy to deal with the debts even those with CCJ's. can you copy and paste what you credit file says regarding the IVA please?   
    • The airline says it is investigating reports that customers can view other passengers' personal information.View the full article
    • They are finding new ways to cut back on household spending as China’s economy loses steam.View the full article
    • Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say  Feeling tempted to cancel it now but scared that some of the debts will do more CCJ's on me and I'll have to wait 6 years again.  2 of the CCJ come of this year and then I'll only have the iva in credit file - effectively if I'd have not took out the iva in 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years, as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off. My true victory would be having the iva wiped off my credit file as mis sold or something that way I Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -  Other option is to try and borrow money and pay make a full and final offer  Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting  It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 accounts Lowell about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway  If I can somehow remove the iva from my credit file I'd be happy 
    • India has one of the world's fastest growing economies but the benefits are yet to fully reach the poorest.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Urgent Plea For Help


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5679 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Can anyone please advise what we should do about this?

 

OH and me got married in August last year - very happy thank you!

 

When we met 4 years ago he had recently separated and was divorcing previous missus.

 

Their joint account (RBS) was in mess, with an overdraft of £2,200.

They also had a loan with the same bank with approximately £5,000 left to pay.

 

Hubby needed own account, they agreed to facilitate this, but on the understanding that they would consolidate the debt (even though some of it wasn't his) into a loan for £10,558 incl interest. He doesn't remember getting a credit agreement to sign. To add insult to injury the account they opened was a Royalties Gold, costing £10 a month.

 

So his personal account (no overdraft facility) was now paying £175.98 per month into the loan account.

 

By October 04 he was paying approx £700 in total against this and other loans arising from his marriage - and then his earnings dropped £5,000. He got into severe difficulty by the end of October 2004. To try and get on top of this, he arranged a Consumer Credit Counselling Service payment plan with all his creditors and opened a parachute account with Lloyds to regain control of his outgoing payments. While this was being arranged and paid at £10 per month to pay off the overdraft and £85.97 per month to pay off the loan, the bank carried on attempting to pay standing orders into the loan from the already overdrawn Royalties Gold account. You can imagine how the charges began stacking up. Most months this totalled approximately £98 per month.

 

Early in 2005 he wrote and offered to pay each of his creditors as much as he could afford to settle his debts but this was unanimously rejected. So he continued to pay an amount each month to each account as a contribution.

 

So from charges (which were the first thing to take him overdrawn in October 2004) of £30 and all the subsequent charges, he now apparently is overdrawn £1,258.33. He has been informed of this in a letter today (first correspondence since he had statement at end of Dec 05) requesting immediate payment of full outstanding balance.

 

We thought that the CCCS had arranged for his creditors to stop adding interest to outstanding debts, but this turns out not to be the case with RBS. We had no idea this was going on.

 

Hubby is now in 2nd year of struggling small business, self employed and no proof of earnings.

 

I have sent letters requesting repayment of charges against the Royalties Gold account, but the statements they sent us in response to our SAR only go up to December 2005 so the claim must be short by several hundred pounds. We were just at the point of putting in N1s - what in God's name do we do now?

 

Please someone help.

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

Link to post
Share on other sites

You need to send RBS a letter before action informing them that they have failed to supply your SAR info. Templates here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

If they still do not comply you can then issue an N1 for non compliance, which will force them to comply through a court order. You can also claim for your time etc. as compensation when filing an N1 for non compliance of the SAR.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Rory, thank you so much for your reply.

 

Can you clarify - can I still do this even though the bank are saying they have stopped sending paper statements as the account is defaulted? Also I have sent preliminary letters asking for amount up to Dec 05, and LBA. They responded with an offer for charges only (no interest) which in no way covers the overdraft amount, so we rejected it. Have we gone to far for this approach?

 

God bless you for helping.

Sweet

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

Link to post
Share on other sites

can I still do this even though the bank are saying they have stopped sending paper statements as the account is defaulted?

The fact that they have defaulted the account has nothing to do with whether or not they hold records of the account. They do still hold records of the account for the entire period and are just spinning you a line in stating otherwise.
Also I have sent preliminary letters asking for amount up to Dec 05, and LBA. They responded with an offer for charges only (no interest) which in no way covers the overdraft amount, so we rejected it. Have we gone to far for this approach?

No you haven't gone too far. Once you get the rest of the S.A.R - (Subject Access Request) info you can just amend your request and then send another letter before action as RBS won't pay interest before you file at court.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Rory, thank you that's really good news.

 

Do you think I can write and say that the RGold account is in dispute because of the request for charges?

 

Can I prevent them taking legal action they are threatening on the loan and the RGold account?

 

I am worried because the loan account (for which we haven't requested statements as there were no charges applied) is being paid at £5 per month but they are saying this is required to be paid back immediately too.

 

Sorry to pester so much.

Sweet

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

Link to post
Share on other sites

Do you think I can write and say that the RGold account is in dispute because of the request for charges?

 

Yes you can certainly do this. Here's a template
Dear Sirs

 

Re: Account in dispute

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

 

I note from your latest correspondence that you are proposing taking legal action against me on this account - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do file a claim against me I shall enter a counterclaim based on the unlawfulness of the charges. I shall also be seeking compensation for the default placed on my credit file under the Data Protection Act 1998 as a result of these charges

Can I prevent them taking legal action they are threatening on the loan and the RGold account?

They can't take legal action on the RGold account (although they will huff and they will puff) as the account is in dispute and a judge would be less than happy with them. On the loan account even if they did take you to court the court would only award an instalment order based on what you can afford, so they wouldn't get any more than they are currently getting.
I am worried because the loan account (for which we haven't requested statements as there were no charges applied) is being paid at £5 per month but they are saying this is required to be paid back immediately too.

A judge would not award them a forthwith judgement (this is an order to pay immediately) as long as you are making payments towards the account within your ability to pay. Forthwith judgements are awarded when you are avoiding the debt, which is not the case. RBS can state all they like that the loan needs to be paid immediately, but no judge would allow them to do this and there is no legal basis for their statement.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Thank you so much. I am so relieved I filled up.

 

I will start with the letter you suggested and then ask for the rest of the statements. Better get my skates on if I need to be filing N1's before the OFT ruling I think.

 

In the meantime, good night, god bless.

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

Link to post
Share on other sites

Can anyone comment on whether this will be okay to send - and if it is correct please???

 

 

Section 7 - Data Protection Act 1998

 

 

LETTER BEFORE ACTION

 

 

Dear Ms Tudor

 

ACCOUNT NUMBERS: Acc No. xxxxxxxxx. Sort Code xxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 6 December 2006. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) You have failed to provide a complete list of transactions and charges and any notes regarding manual interventions against my account number xxxxxx. The information you have sent to me is dated up to 21 Dec 2005. However, despite this account being the subject of a repayment agreement arranged through the Consumer Credit Counselling Service, it has come to my attention that interest charges have continued to accrue to this account. (See copy letter attached). This demonstrates to me that there have been further transactions on this account after 21 December 2005 and details of these are furnishable under my original Data Protection Act Information request.

 

Accordingly, I have to tell you that you have failed to comply fully with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request expired some months ago. However the missing information has only just come to my attention. Because of the lapse of time, I am willing to accept the supply of this information within 14 days from the date of this letter. If you do not comply fully with my Subject Access Request within 14 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Whaddyathink?

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

Link to post
Share on other sites

Letter's fine sweet.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Thanks Rory - I'll send it tomorrow.

 

And thanks Saintly - for being such a saint!!! A helpful forumbot edited it before i got there - good thing, technology, when there's women like me giving blondes a bad name innit??

 

:p

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

Link to post
Share on other sites

A helpful forumbot edited it before i got there

I was that forumbot ;)
  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Deserves a click - for calling you a forumbot if nothing else!!!

 

;)

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

Link to post
Share on other sites

Has anyone else had this experience? And are the banks allowed to do it - or is it misselling or something. Surely hubby should have had to sign something along the way?

 

Their joint account (RBS) was in mess, with an overdraft of £2,200.

They also had a loan with the same bank with approximately £5,000 left to pay.

 

Hubby needed own account, they agreed to facilitate this, but on the understanding that they would consolidate the debt (even though some of it wasn't his) into a loan for £10,558 incl interest. He doesn't remember getting a credit agreement to sign. To add insult to injury the account they opened was a Royalties Gold, costing £10 a month.

 

 

Please comment if you know anything about this.

 

thank you

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

Link to post
Share on other sites

If the debt was consolidated into a loan then both parties who take out the loan have joint liability, if the loan is in both names. However in order to have joint liability both parties would also have to sign the credit agreement for it to be enforceable against them. If it is a loan and your hubby didn't sign anything then he has no liability.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Friendly as well isn't he?

 

Rory, thanks for that. I should have given more detail - they consolidated the outstanding debts from the Joint Account into a loan in his name only - the loan account only shows his name. Do you think we should ask to see a copy of the agreement? Do they have to produce one?

 

You are such a brick, thanks for helping.

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

Link to post
Share on other sites

Hi Saintly, done any good deeds today??

 

I have - I waded through the winning contractual interest thread and actually believe (probably wrongly) that I understand most of the particulars of claim!! :-D

 

Still, what I don't know will probably keep me up till two:?

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

Link to post
Share on other sites

Do you think we should ask to see a copy of the agreement? Do they have to produce one?

 

Yes I would most certainly ask for a copy of the agreement. Under the Consumer Credit Act they have to supply a copy on request. If they don't after 12 working days from receipt of the request they are in default of supplying the agreement and can not legally enforce the agreement (this means that they can not lawfully apply interest or charges to the account, nor can they ask for payment and legally any payments can be withheld by your hubby). After a further calender month if they have not supplied a copy of the agreement they commit a summary criminal offence.

 

Even if they do supply a copy of the agreement then it would need to conform with the Act to be enforceable (although most loan agreements do conform).

 

Send the template here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html templet N. Send it via recorded delivery with a one pound postal order. Do not sign the letter.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Heavens, you're good aren't you?

 

Why should he not sign the letter? and do you mean we should just type his name, not physically sign it? being a bit blonde again I think!!

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

Link to post
Share on other sites

Not that this may necesarily happen - but there have been allegations in the past - it is very easy to scan a signature onto a document. There is no legal requirement to sign a letter. He can either not sign it and type his name or simply print his name.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

OMG I never thought of that! Shows how naive we can be doesn't it?

 

Having said that, (ironic chuckle here) there's been enough letters flying to the same office, lets hope they're not too organised!!

 

Anyway, we'll soon see what happens - posting tomorrow!!

 

If they did a smilie for kisses . . . I'd send you a big wet one!

 

cheers

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

Link to post
Share on other sites

We sent off the letter asking for a copy of the credit agreement today, so they've got till the end of the month.

 

In the meantime, we have received the following letter today from intrum justitia credit management services:

 

Dear xxxx

Creditor RBS

Balance £xxxx

We have commenced formal debt recovery action against you to recover the outstanding balance on the above account on behalf of Royal Bank of Scotland.

 

Unless you telephone us to agree a repayment plan within 48 hours of receipt of this letter, we may either:

 

1. instruct solicitors to take legal action against you.

2. instruct our local collection agent to make a personal visit to your home address tocollect the outstanding balance.

yours etc.

 

I didn't think RBS could pass this to a debt collection agency if they know the account(s) are in dispute. Can anyone please advise on whether this is correct and what we should do now?

 

thanks

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...