Hi. I had a RBS/Lombard direct loan pre-2007 and they have a final charging order on my home, even though I kept up with my payment plan (DMP) with them and CCCS... so you could say I'm gunning for them.

I have offered them a very low full and final settlement of just over 10% for a debt of around £5700 (not including court costs). Also sent a request for CCA. If they admit they don't have what I request I will want to know how they got a charging order..... I know it's jumping the gun a bit lol.

Am hoping they take my low offer.

Will see what transpires and hopefully get some help off here!

Thanks guys.

If you wish to set aside the Charging Order it will be a tough fight.

If you admitted the debt, it will make it even tougher.

Have a look at this link - http://www.consumeractiongroup.co.uk/forum/show-post/post-2494654.html

and look at the links below for more info -

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/167654-help-ccj-charge-home.html

A Guide To Setting Aside CCJ's You Never Received

CCJ removal inc. step by step guide

Applying for a Set-aside

Spamalot - CCJ and interest on debt. ***WON***

Setting aside the original CCJ of your CCA

I have a reply from RBS/Lombard regarding my request for CCA:

Dear Benboy,

Consumer credit act - section 77 Request

We acknowledge receipt of your recent letter requesting personal data held by the bank and payment of the £!.00 fee.

In order that we can deal with your request we require consent from the individual named on the acount/joint account holder.

Please provide us with a letter of authorisation from "benboy" as we cannot release information without the consent of all parties. Please note photocopies are not acceptable.

When we have received this we will be happy to proceed with your request and any information required to be provided to you under the consumer credit act will be forwarded to you at the above address. Please be aware that under the consumer credit act we must comply with your request within 12 days.

If you have any queries relating to this matter please do not hestitate to contact me at the address shown above.

Yours sincerely

Mr W. Anker

Team Manager

Ok, I don't understand this. Wasn't my letter requesting the CCA my consent??? I even signed the letter (using my special signature so I know if it's been cut and pasted) Is this stalling tactics?

Have recently sent an offer of full and final settlement of 25% of the debt.

Pratt Endicott solicitors solicitors have written back to me saying:

Received today:

"In order for our clients to consider your offer of full and final settlement they have requested you provide us with income and expenditure.

We have attached our form for you to complete, please return within 7 days from the date of this letter."

How come I have to do this??? Ar they after higher monthly payments? They will have to take me to court as the amount I pay now was set in court.

Any advice???

Thanks

I guess, as RBS's solicitors Spratt Idiot turned down my first offer and now on my second offer their client wants me to fill in an Income and Expenditure form is quite promising?

Wish I'd read this properly first time !!

If you wish to see the agreement for the account then you'll need to send a Subject Access Request to RBS\Lombard.

They are not obliged to furnish you with the agreement if you made a CCA request under s78 of the the Consumer Credit Act 1974 as the CCJ subsumes the agreement.

If you do send off the SAR and get a response then let us know.

Finally, You are under no obligation to provide an I&E to any creditor.

Hi SS

What would I gain from SAR? As regards the CCA request, they said they would send it to me once they received my authorisation. I am confused as I thought my letter requesting CCA was my authorisation. The letter was signed with a new style signature and overlapped my printed name. But once again, what would I gain from receiving / or not the CCA? They have a charging order on my home.

The solicitors have been asking me to supply a I&E for a while now. The first time I phoned them to ask why should do this when I have a charging order and the monthly payments were set in court. They made an appology and said ignore it. Then a month later they sent anohter request and said I must fill in an I&E! I ignored this!

As I want to make a F&FS offer, I am now prepared to fill in a I&E (they asked me again, 3rd time) as they said it is necessary in order for their client (Lombard/RBS) to consider my offer. At least it's better than my first offer when they wrote back simply refusing.

RBS have turned down my new offer.

Have made a new offer of £2,500. This is the max I can afford.