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Ex-employee with unauthorised o/d


dale1988
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Hi guys,

 

Just looking for some advice on where I stand and what process to follow.

 

Approximately 18 months ago I was given the boot from RBS and obviously as I had my staff account with them, they took an unexpected sum of money from me as a payment in leiu so to speak.

 

Obviously I had a few DD going out to gym membership and mobile phones, now bare in mind they'd already taken me for £200-300 the added stress of the DDS going out just got me into a spiral to the point of about £500-600 owed, I proceeded to take advantage of my cheque guarantee card and get pay advances at a local store to try and keep the other creditors at bay so to stop hassling me. This had a worse affect on my account with RBS and I've slowly racked up approx 1300-1400.

 

Moving on I've had numerous phone calls, threats etc I refused to enter into a loan plan with them at some stupid high APR, and now i've got threats of court action etc. Bare in mind this was 18 months ago, the total now is approx £2800* due to interest, o/d charges, and the guarantee payment fees, unpaid D/D etc - this has gone to an external debt company as far as im aware, I still get letters from both RBS collections in birmingham and the external company, but I haven't received anything for the past 2 months. I don't even think they're applying interest anymore because the last letters I received from the company were all the same figures, where as previously I was being charged £35 for being overdrawn and £62-70 in interest pair month.

 

Any help as to where I stand is much appreciated, can I get some of the money back? Should I ring the external debt company and barter for a lower settlement figure and request it in writing when paying?

 

Cheers!

 

 

Just like to add that the advice I get here's going to sway my decision in terms of getting a loan to sort the whole mess out once and for all, but i'm unsure as to if there's a point as non of the creditors are applying charges/interest as such, just RBS, cause at the moment im constantly using pay day loan companies to get by and then using them again once I've paid them off, ridiculous I know!

Edited by dale1988
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If you can help it I would suggest not taking out a loan to clear your debt with RBS, especially if it is made up of penalty charges.

 

Your obviously in a rock and a hard place, so I would suggest proceeding to start a reclaim for the charges levied against you through either the county courts where you can claim interest (there is a waiver on fees for people with low incomes), or submit a complain to the financial ombudsman service. It is important that you state that you wish the claim/complaint to proceed in both instances, otherwise the matter could be stayed.

 

I was very interested that you were told to take out a loan with RBS to pay off a debt with RBS, as this is against Office Of Fair Trading debt collection guidelines.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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.

 

I was very interested that you were told to take out a loan with RBS to pay off a debt with RBS, as this is against Office Of Fair Trading debt collection guidelines.

 

 

Enron this is interesting. Can you elaborate on this for my own benefit. I did a have loan with RBS now in default as they told me to take it out to pay my overdraft.

 

Is that what you mean?

 

HH

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Heres what you need, the OFT Debt Collection Guideance (on unfair business pratice.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

Specifically.

 

Physical/psychological harassment

 

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing

 

So they shouldn't be putting you under pressure to cover one debt by taking out further borrowing.

 

That said the people making contact are likely unaware of the OFT guidelines, or are breaking them being under pressure to achieve targets. Probably the later especially if they are working on behalf of an external DCA.

Edited by Enron

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 4 months later...

hi guys,

 

long story short,

 

I am an ex employee of RBS and was told I had to take out an account with them as it was part of the contract so they could pay my wages.

 

I opened the account and within 1 month they'd given me a £300 overdraft, (I was 18 at the time, and had no credit at all! despite no other bank being willing) unforuntately/fortunately I ended up being jobless shortly after.

 

Anyway luck would have it when it came to my final pay cheque they deducted an amount of £500 for "salary in hand" that they had paid me prior to starting. Obviously that but me in a bad position, I was into my overdraft for £200 and I had other bills to be paid and was in a bad position financially.

 

As I was young/stupid at the time I used my Royalities gold card along with my cheque book to get "cash 4 cheques" amounting to approx £1200 - this was over a period of about 3 months. The cheques always got paid due to them being guaranteed, but I obviously incurred a serious amount of charges.

 

I had guaranteed payment charges, charges for unpaid items and also interest. At the present moment the account is closed, it's been to triton they tried forcing/bullying me into taking out a loan to settle the debt.

 

At the present moment the account totals £2800.

 

I sent a Subject Access Request and all i got was a print screen off the DCA which basically gave the total amount owed, my address, my name and a few other details (i'll scan it later when I get home)

 

I'm just wondering where I stand at the moment, it's been a while since I've heard anything but I can probably guess my credit history is in disarray due to this. Anyone got any guidance as to what I can do? like I said I know for certain the cheques amounted to approx £1200 and the rest of the total is made up from numerous charges and interest of around £60 a month.

 

Thanks!

Edited by dale1988
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You should have sent the SAR to the Bank

 

If you have proof of Triton forcing you to take out a loan then you MUST report them as this is a serious breach of OFT Guidelines.

 

When you get the SAR from the bank then you can assess exactly what the charges are involved.

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So I should send another SAR to RBS this time at Birmingham collections dept?

 

I'll upload the one from the DCA just for laughs and if you don't mind going through it, personally I think I know it isn't what I asked for and doesn't cover my SAR request, but your opinions would be a great help!

 

As for the forceful requests to take a loan out, there's no evidence as it was all verablly over the phone. They wanted me to make a good will payment of £300 and then they would go through the application with me to take the loan out to cover the amount of the debt only - Also whether this is any use or not, as an ex employee I know exactly of this tactic, as when we were on the phone looking at peoples accs for the possibility of a loan to settle o/ds - if said customer was a risk band 10 (RBS inhouse risk assesment) you would get referred to Birmingham collections. Also big bonus for the telephone banker in their annual salary review if you were hitting your targets, one of which was the above.

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Here's a list of documents I've had and the ridiculous SAR that I got sent from Moorcroft.

 

I've compiled a SAR for RBS - i'm going to send this to Birmingham collections, rather than the solicitors or robinsons - am I right assuming that the collections team at RBS is who I want to get this sent off to?

moorcroft_SAR1.doc

RBS_horwichsolicitor.doc

robinsonway.jpg

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Actually that's in house team not Triton, it's the birminghams collections department that I rang. They tried to coherse me into making a good-will payment of £250 into the account, to prove that I could afford the monthly repayments on the loan - the loan they offered was to cover the amount of debt and no more, but the rate of interest was a joke obviously.

 

What you'll find more intruiging is that telephone banking staff are actively told to look into your bank accounts with overdraft limits over say 1500+, and suggest that perhaps you'd like to consider "reducing your monthly repayments" - at which point they will check your "risk band" this is RBS/natwest in house assesment graded 1-10. if you're 1-7 you'll be put through to standard loan department to assess if you'd end up paying more in interest on the OD, if so they'll work a loan out to pay it off. If you're 8-10 you'll be passed to Birmingham collections to discuss the same thing, but you'll only be offered an amount to cover what is owed.

 

Bare in mind you could end up "reducing your monthly outgoings" but being stitched up with owing more in the long run.

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Taken from my older thread for anyone wanting some insight...

 

"Actually that's in house team not Triton, it's the birminghams collections department that I rang. They tried to coherse me into making a good-will payment of £250 into the account, to prove that I could afford the monthly repayments on the loan - the loan they offered was to cover the amount of debt and no more, but the rate of interest was a joke obviously.

 

What you'll find more intruiging is that telephone banking staff are actively told to look into your bank accounts with overdraft limits over say 1500+, and suggest that perhaps you'd like to consider "reducing your monthly repayments" - at which point they will check your "risk band" this is RBS/NatWest in house assesment graded 1-10. if you're 1-7 you'll be put through to standard loan department to assess if you'd end up paying more in interest on the OD, if so they'll work a loan out to pay it off. If you're 8-10 you'll be passed to Birmingham collections to discuss the same thing, but you'll only be offered an amount to cover what is owed.

 

Bare in mind you could end up "reducing your monthly outgoings" but being stitched up with owing more in the long run."

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Taken from my older thread for anyone wanting some insight...

 

"Actually that's in house team not Triton, it's the birminghams collections department that I rang. They tried to coherse me into making a good-will payment of £250 into the account, to prove that I could afford the monthly repayments on the loan - the loan they offered was to cover the amount of debt and no more, but the rate of interest was a joke obviously.

 

What you'll find more intruiging is that telephone banking staff are actively told to look into your bank accounts with overdraft limits over say 1500+, and suggest that perhaps you'd like to consider "reducing your monthly repayments" - at which point they will check your "risk band" this is RBS/NatWest in house assesment graded 1-10. if you're 1-7 you'll be put through to standard loan department to assess if you'd end up paying more in interest on the OD, if so they'll work a loan out to pay it off. If you're 8-10 you'll be passed to Birmingham collections to discuss the same thing, but you'll only be offered an amount to cover what is owed.

 

Bare in mind you could end up "reducing your monthly outgoings" but being stitched up with owing more in the long run."

 

yhea, lots of interest for them fat humpty dumpty bank bosses.

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Thank you Dale,

 

it was Birmingham Collections that set up my loan as they kept ringing me and writing letters. They said "I could reduce my monthly outgoings by taking out another loan to pay off my overdraft and my present loan. I wish I had never done it now but you know at the time it sounded fine. My previous loan certainly would not have a valid agreement. Felt like I have been well and truly stitched up.

 

HH

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The amusing aspect is hammy, if you had applied for a credit card or another overdraft increase you would be told simply no - but because they want you on the books for longer to earn more money out of unaware people, they will bend over backwards - or so it would seem, to get you that loan.

 

Another funny point is that whilst your discussing the possibilities of the loan they're all nicey nice, well that was the case with me. The minute I said no disrespect but I appreciate your time but I'm not willing to go through with it they went absolutely ape sh*t - threatening me with defaults and all the other usual crap.

 

This is the only debt worrying me that I have, I've finally got back on my feet and have about 6-7k in savings - I don't want to have any credit whatsoever in the future, but it would be nice to know I don't have to worry about a CCJ. But there's no way in hell that I will pay back £1500 in interest + charges - I've sent them a recorded SAR yesterday with £10 postal order, once I've got some form of reply I'll post it up here.

 

Could someone tell me where I stand in terms of maybe not claiming the charges as such, but getting them removed from the balance? Also as I was out of work at the time would I even have a case of hardship or am I missing the point of hardship. I wouldn't want to be seen to use something that was for genuine cases and come across as fradulent!

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  • 3 weeks later...

You are not obliged to send them your signature. They are satisfied enough of your identity to send threatogrammes so the do not need your signature. If they are not sure of your identity then they should not be sending threats or demands

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I've just read upon a few posts, where creditors are refusing to process a SAR without seeing a signature - in some instances people are providing them and some aren't.

 

Would it be advisable to comply but put a strike through my signature?

 

thanks!

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Never thought of that one! thanks cerber.

 

Could you point me in the right direction of a letter I could send to the Solicitors/DCA that refuses to enter into discussion, so they don't proceed with any legal route - Im currently in talks with the bank with regards the SAR, and was hoping to negotiate a payment plan with them. Just need to get the manchester based solicitors off my back.

 

Also, would you advise recording the phone call when I try to negotiate a payment plan with them - the last one I had with them they tried pressuring me into a loan to pay back the debt, but that isn't what I want to do, I want the charges/interest dropped to a reasnoble figure - originally I owed £1200, the debt is now in the region of £2800.

 

Many thanks

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Quote obviously they're most likely to refuse removal of any interest charges and try for the full amount, once I've got the SAR back and I work out a reasnoble amount of charges/interest. If I remove them from the full amount - should I try my luck with an offer of full and final payment? or would I be better to negotiate some form of payment plan say £200 a month?

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