RBS took me to court for payment of my credit card bill

They did not default me before doing this. Does anyone know if I can be issued a CCJ without receiving a default first.

If not then what can I do to RBS, they have just sent me a default notice which by the wording suggests I still have a card with them. The CCJ was served at least 3 years ago where the account was closed.

Is there anything I can do as this all seems a little strange

RBS have given me a default notice but I have had a CCJ already

I called them to ask why I had the default & was told it was because they hadnt issued one before issuing the CCJ

can you get a CCJ without being defaulted first ???

RBS took me to court for payment of my credit card bill

 

They did not default me before doing this. Does anyone know if I can be issued a CCJ without receiving a default first.

 

If not then what can I do to RBS, they have just sent me a default notice which by the wording suggests I still have a card with them. The CCJ was served at least 3 years ago where the account was closed.

 

Is there anything I can do as this all seems a little strange

The bank must issue a default notice before any court action.

I have sent an LBA to RBS but I didnt realise I could claim penalty interest charges. Should I send an up to date LBA with all of the interest charges on charges listed or shall I go to the court stage & list them then.

Also reading through your FAQs I see that when sending the LBA you are meant to send a breakdown of the charges & then send them a further LBA before going to court

could you help me please

many thanks

Martyn

when I send my letter requesting a full refund of charges do I ask for a refund including the overdraft interest ?

I sent RBS a letter before action I did not send a breakdown of charges. Should I start again with a fresh prelim LBA ?

Hi, Martyn.

Don't mention the Interest until you file at court. It's the first time I've heard of sending two LBA's. With the three court cases I've won, only sent one LBA each time.

Best wishes with your claim.

Regards.

Scott.

Hi, Martyn.

Have a look at this...

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

Follow this, and you can't go wrong.

Regards.

Scott.

Ok got it now, will send them a LBA with charges listed & overdraft interest included

many thanks

Martyn

Sounds to me as though you are referring to the prelim not the LBA. I think it may be best to have a read through the user guide in the FAQ section and establish exactly which stage of the process you are at befor eyou get a decent response from someone. It does make a difference.

Also maroon, he does say "Penalty Interest", I think he is referring to overdraft interest in which case, you wouldn't leave this revision until court. Again, this does depend on what type of interest you are referring to Martyn, could you confirm - either debit interest (debited on your statemenst for being overdrawn), statutory (8% added to your claim for filing in court) or contractual (charged at the contractual rate of interest).

In any case, please confirm what stage you are at first.....

Also maroon, he does say "Penalty Interest", I think he is referring to overdraft interest in which case, you wouldn't leave this revision until court. Again, this does depend on what type of interest you are referring to Martyn, could you confirm - either debit interest (debited on your statemenst for being overdrawn), statutory (8% added to your claim for filing in court) or contractual (charged at the contractual rate of interest).

 

In any case, please confirm what stage you are at first.....

I sent a letter before action to them before I looked on this site. I wasnt aware i could claim overdraft interest before i sent it. I need to know that I can start again & send them a preliminary letter as when I sent the letter before action i didnt send a breakdown of charges. Also I never sent a preliminary letter .

In summary can I start again by sending them a preliminary letter with a list of charges & overdraft interest.

I wont bother with the contract interest as i dont understand it

if you can get back to me on this i will be very greatful

martyn

You can do this, it shouldn't be a problem.

What I would suggest you do is send them a prelim, tell them that you have previously sent them an lba but ask that they discredit this as you have followed the process incorrectly (I'd leave it at that, don't need to tell them any more). Then enclose the statement of charges and wait 14 days before you send your lba in.

You can do this, it shouldn't be a problem.

 

What I would suggest you do is send them a prelim, tell them that you have previously sent them an lba but ask that they discredit this as you have followed the process incorrectly (I'd leave it at that, don't need to tell them any more). Then enclose the statement of charges and wait 14 days before you send your lba in.

ok thanks, one question re the overdraft interest. I started to put in the charges on the spreadsheet I had 3 in august 2001, 1 for £15 & 2 for £60 I put in the amount of interest & date of the interest & the 3 interest amounts came to nearly 50% of the total interest for that month.

In short I was £1900 o/d, interest was £29.34

the charges were £135 I make this about 12% of the overdraft total

I thought I would be claiming back 12% of the intertest which comes to about £3.50 yet on the spreadsheet it comes to £11.21 or 3 x £3.74

am I doing something wrong ??

thanks again

martyn

I'm not a pro on this, but I believe it's a cumulative charge - it takes into account the charges up to that date too.

I worked it out yesterday, I only need to put in the interest once a month & the amount works out correctly

thanks anyway

martyn

I need some help with this, I just checked my credit file & my bank account is being defaulted continually every month, how is it possible for them to do this. They merged the account with my loan & issued me with a CCJ.

A number of issues with this

1 I never got a default notice for the bank account

2 the statements say IBP To Close 5th of Nov 2004

3 I tried to close the account & even signed documents to close it but was later told that I could not close the account due to the outstanding loan

4 statements show a default notice fee in oct 2004

can I get the defaults removed & can I claim the default notice fee back as a penalty charge on the grounds that the account had a nil balance in aug 2004 when I asked to close the account.

where do I stand with regard to the CCJ as I feel this was handled wrongly & I should have been taken to court for the loan only

I have been on benefits for the last year so I have financial hardship. My RBS account was closed 3 years ago so my charges relate to when I was in work.

Do I have grounds to pursue my claim with RBS as atthe moment I like everyone else has to wait until the case is over before I hear from them again.

If you can prove financial hardship then they have to consider your claim. if your outgoings are more than your income, if you are having difficulty in paying priority bills, if DD/ standing orders are being returned, if you have been charged more than £500 in the last year then these are the things the FSA have recommended to be taken into consideration. I would write and tell them what difficulties you are having ie no money! and if they fob you off, write again. If you still get no joy you could complain to the ombudsman or go down the court route anyway.

hi I hope you can help me

I have 3 CCJs but due to becoming unemployed have not kept up payments on them in the last 18 months or so

Recently spoke to CCCS & they said I should contact the courts immediately to stop any further action. I have had no action other than debt collection agencies occasionally sending me letters so I dont know who to contact can you tell me what to do.

I want to get the CCJs removed to & want to know if that is possible

1 is with cap 1 & 30% of the amount is penalty charges

1 is with RBS mastercard, I didnt receive a default notice until after the CCJ had been issued & I just checked the POC & they said that they did issue a default notice.

1 is with RBS Loans, I never received a default notice on the loan as I moved before the CCJ was issued but the only paper work I got from my old address was the court claim form to myself & my wife.

I also sent a CCA request to RBS for all details held, I got my statements but no default notices, yet my credit file has a default for both bank account (which I closed) & loan account

help me please !!!

regards

martyn

Hi Martinandemma

This is the letter you need to send if you are claiming hardship.

Hardship and Stayed Claims

Tilly

Hello

Welcome to CAG. If you are unable to meet your basic needs with the money you have coming in, or if you are facing repossession, arrears or non payment of council tax/fines, your income has recently fallen by over 45%, or if you live solely on benefits, this is classed as hardship.

The main points are to get your claim going are:

1) Get your bank statements or transaction lists for the history of your account from your bank. Use the Data Protection Act Subject Access Request letter to do this.

2) Input all your figures on the simple interest spreadsheet, with the dates and reasons for the charges.

3) Send your preliminary request for repayment letter and include some information about your hardship and a basic outline of your circumstances.

4) You should receive a letter back from the bank telling you about the test case. This might have an income/expenditure form with the letter from them, if they have looked at your hardship request. If so, complete the form and attach evidence as requested, then return it to the bank. If they havent sent the form, then write back to the bank reiterating your request and concentrate on the hardship aspect of your claim.

5) Give them a couple weeks to reply. If you have'nt heard anything after say 14 days, then telephone the bank to check that they are dealing with your claim under hardship.

The bank has 8 weeks from when a claimant informs the bank that they believe they are a hardship case. You don't have to put in a separate complaint to your bank about the hardship element of your claim.

If the bank goes over the 8 week complaints time limit, the Financial Ombudsman will take up your case. In the instances where a bank does not agree that a claimant is a hardship case, then go straight to the Financial Services Authority, who will look at your claim. If they agree you have hardship status they will make a reccomendation to the bank on whether they should refund the charges.

The hardship criteria the Financial Ombudsman Service would use is the Financial Services Authority waiver guidance. These are the definitions of financial hardship as suggested by the FSA in the updated Waiver.

1. The firm will be sympathetic and positive when considering any financial difficulties claimed by the complainant. Firms will not subject a complainant to harassment or undue pressure when discussing their problems.

2. In making an assessment of financial difficulty the firm will take into account:

a. evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;

b. evidence of the following events:

i. items repeatedly being returned unpaid due to lack of available funds;

ii. failing to make loan repayments or other commitments;

iii. discontinuation of regular credits;

iv. notification of some form of insolvency or court proceedings;

v. regular requests for increased borrowing or repeated rescheduling of debts;

vi. making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and

vii. repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty).

3. If during the handling of the complaint the firm becomes aware (including by notification from the complainant) that the complainant may be in, or heading towards financial difficulties, the firm will contact the complainant to outline their approach to financial difficulty cases and to encourage the customer to contact the firm if the customer is worried about their position. The firm will also provide signposts to sources of free, independent money advice.

4. The firm will make available to complainants straightforward information in plain English on the firm’s procedures and systems for dealing with customers in financial difficulty.

5. If it becomes clear to the firm that the complainant needs specialist assistance, the complainant will be referred promptly to a specialist team that deals with customers in financial difficulties, if one exists. The firm will give a phone number on all communications that will put the customer in contact with a named person or a team dedicated to dealing with cases of financial difficulty.

6. Where the firm does not have sufficient evidence to assess whether or not the complainant is in fact in financial difficulty, the firm will seek such further relevant information as is reasonably required to make that assessment. In the event that the firm reasonably requires relevant information to be provided by the complainant and the complainant does not provide the requested information within a reasonable period of time, the firm shall not be obliged to treat such a complainant as being in financial difficulty.

You have nothing to lose by doing this, as the FSA Waiver states :-

(16) if the firm attempts to resolve a relevant charges complaint after 27 July 2007:

(a) the firm must not seek agreement from the complainant that the resolution is in full and final settlement of the matter;

(b) in relation to such complaints, if the outcome of the test case produces a result that is more favourable to the complainant, the firm must take all reasonable steps to pay any difference in the amount of compensation actually received by the complainant and that that the complainant would have been entitled if his claim has not been settled by the firm then; and

© the firm must explain the implications of its approach and commitment;

ALSO

(15) to the extent that sums are ultimately to be paid to complainants in respect of relevant charges complaints that have been stayed, the firm must include in these sums an element of compensation in respect of interest charged to or lost by the customer as a result of being out of money during the stay period;

If you have a stayed claim, then written on the defence, you should find a contact name and telephone number for the person in the Bank's legal department, who is dealing with your claim. They should be the first point of contact for you to start your claim for hardship.

Hope this helps. . .

If you have a CCJ then the amount claimed has been enforced by the Court.

If you have reasons for contesting the claims why didn't you do so at the time? Having not done so then makes it much more difficult to do so now - although you can still try. Also, how long ago were the CCJs made?

when I got the CCJ's I had no idea about the penalty charges (that you could claim them back) so I had no reason to contest the CCJ

the RBS ones are similar as at the time I had no idea that banks had to issue defaults before claiming for CCJs also having moved home RBS sent the court claims to the old address so Ididnt know about them til 3 months after the claim had been issued

CCJ1 issued 29/03/2006 cap1

CCJ2 issued 07/02/2003 RBS mastercard

CCJ3 issued 08/03/2005 RBS loan

With the amount of time that has elapsed since the CCJs were issued you are going to have difficulty in getting them set-a-side. Although it can be done.

Have a read of this National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

I do not dispute what you say but I have to admit to being a little bemused by the “length of time” position.

First, the debt does not seem to be in dispute.

Second, the payments are made in the belief that the claimant has a legal right to enforce the debt.

Third, at some point during this period one discovers that the belief in the claimant’s integrity was a mistake and that the debt is not enforceable.

Finally, why would the length of time it took one (especially a litigant in person) to discover this mistake be a disadvantage in beginning an application to set aside?

I ask this in the spirit of enquirery because I know that the “length of time” position is generally held on the forum.