Hi Everyone

Just completed a claim with HSBC, went quite well.

I've just read the contacts page and there are quite a few addresses for RBS cc. The account is now closed and I paid the debt off in full when they offered me a payment of 1125 against a 1500 debt, I had just received a bonus so I took them up on it. this was a couple of years ago.

So I've already gathered that I can still claim for charges even though the account is closed, but what address do I send the DPA letter to. Thanks in advance.

Hi

Although your branch would be fine (they have a great internal department postal system) best you send directly to the Credit Card Centre in Essex, as thats where it will go eventually. Here:s the address:

The Data Protection Officer

RBS Credit Cards

Credit Card Operations

PO Box 5747

Southend on Sea

Essex

SS1 9AJ

Also ensure to send recorded delivery.

excellent telewest thanks

i've one question actually which is really bugging me

because the Debt Collection Agency reduced the payment from £1500 to £1125, can they deduct that from the amount I am claiming. Ok lets say they I raise a claim for £500, are they within their right to turn round and say - Ok we will pay the £500, however due to the fact we waived charges of 375, we are duducting this from the £500 and will send you payment of £125. Can I contest that decision.

Thanks in advance

are they within their right to turn round and say - Ok we will pay the £500, however due to the fact we waived charges of 375, we are duducting this from the £500 and will send you payment of £125

I wouldnt of thought so - if they have agreed and have indeed waived, I cant see how they can change their stance (which is what deducting the 375 would be in effect doing) regardless of the fact you are making a claim.

You can only claim for what you have actually paid in charges, if you have not paid them because they were waived then how can you claim them back?

thanks its becoming a bit of a minefield. HSBC went so well but now I read in another forum that once a debt has been sold you cannot claim from the card issuer. I'm getting confused but I know with the kind help of the MODS and people such as yourself telewest, I will get there.

Regards

 You can only claim for what you have actually paid in charges, if you have not paid them because they were waived then how can you claim them back?

Yes granted, but then whats to say I turn round and claim that the reduction was of the acutaly money owed, and that in actual fact I still did indeed end up paying the fees etc, how can they prove that the 375 they took off the debt was in actual fact some of the late fees etc, they did not state this in the letter.

I read in another forum that once a debt has been sold you cannot claim from the card issuer

Doesnt sound right to me. Regardless of the fact that the debt has been sold by the card issuer to a third party Debt Company, the fact still remains that a constiuent of that debt is made up of unfairly charged penalties, which the card issuer charged. Therefore I dont see how you couldnt take the card issuer to court and say of the 2000 the debt co are chasing for, you want a refund of the 500 of charges.

but then whats to say I turn round and claim that the reduction was of the acutaly money owed, and that in actual fact I still did indeed end up paying the fees etc, how can they prove that the 375 they took off the debt was in actual fact some of the late fees etc, they did not state this in the letter

Sure someone will be quick to correct me if I am wrong, but based on the fact that it is you potentially issuing litigation and taking the issuer to court to reclaim charges, the onus is on you to prove that. Circumspect arguments need to be legally justified and evidenced.

I wed them something like 1800, I paid off 100 a month, when the debt got to 1500 I recieved this letter.

Allied International Credit

17 Feb 2005

Dear xxxx

RE: RBS CARD SERVICES (MINT PR)

CLient ref no: xxxxxxxxxxxxxxxx

AIC ref no: xxxxxxxxxxxx

Balance outstanding £1500

SETTLEMENT OFFER

As you have maintained an agreed payment plan you have shown willingness and commitment to repay your liability to our client

To recognise this fact and reward you for your recent efforts, we, as a gesture of goodwill, are willing to offer you a settlement figure top enable you to clear the above outstanding balance at a reduced rate.

We are therefore prepared to accept a one off payment of £1, 125.00 which should be received in our office no later than 28 February 2005

If we receive this payment by the required date, this will mean a total saving to you of £375.00 and we will also close your account and mark it as settled.

then it goes on about making a payment by debit card, and its a temp offer could get withdrawn. And if I cannot accecpt call them in the future blah blah blah,

I did pay them the £1125 as I has just got a bonus from work.

I will be calling AIC tomorrow to ask them directly if the debt was sold to them or of they were acting on behalf of RBS, the letter implies they were acting

Bloody glad I kept the letter what a bit of luck

I hear what you are saying Telewest, I will try and link the other thread to this one, the guy who responded was a MOD though, I might try and PM him anyway. Regardless of this the DPA letters are still gonna get sent tomorrow.

You mean which individual pound comprised a fee and which indvidual pound was spending on the card?

Reminds me of a Laurel and Hardy sketch once, Stan and Ollie were down on their luck and could only afford one drink. They planned to share it but Stan drank the whole glass. Ollie protested that half of that drink was his and why did Stan drink it all? Stan replied, "I had to, my half was on the bottom!"

I really think you need to look at the statements, as you have clearly done and subtract anything you have actually spent on the card (including interest charged), then subtract the discount they gave you for early settlement and whatever is left can be claimed. To attempt to claim money that you have not actually paid or to pretend that the discount applies to "different money" is

to be no better than the banks.

I will be calling AIC tomorrow to ask them directly if the debt was sold to them or of they were acting on behalf of RBS, the letter implies they were acting

Dont think a phone call is necessary. RBS have over 22million current account holders and over 8 million credit card accounts (including NW and all other RBS groups) they are a huge banking force and would not outsource their collections accounts, nor require an external company to act on their behalf.

When AIC refer to client (as in RBS) I would summise that refers to the company that AIC has relationships with who has sold the debt to them (again RBS in this case) Im pretty sure your debt was sold.

Pretty ****ty offer as well to be honest, but well done for resisting temptation and actually paying it off.

Ive checked btw on the off change AIC were a subsidary or were owned by RBS - but they are definately not. Your debt was sold as far as I can see.

To attempt to claim money that you have not actually paid or to pretend that the discount applies to "different money" is

to be no better than the banks

Well said, and as BF and other mods reiterate reguarly Consumer Action Group disassociates itself from these kinds of immoral suggestions/actions.

hagenUK, yes excellent that makes total sense to me, and thanks I was getting a bit ahead of myself there, however it would still be nice though. What I will claim for though is the charge of AIC, the DCA, I think they added a good few hundred pounds on the debt if I remember, anyway I'm calling them tomorrow.

thanks again hagenUK

No probs. You might also like to look at charging the contractual rate of interest. I am doing that on a few of mine. One of which is only a few hundred pounds but with the interest at 29.9% (which was their cash advance interest rate) it soon mounts up. It has yet to be tested but the idea is sound in that the rate is justified under the principle of mutuality and reciprocity and is based on the Cash Advance interest rate that would be applied under the terms of the account.

right then

if this is the case then both you and HAGEN have valid rights

HAGENUK for saying that I can't claim what I havent paid out

But also Telewest as the debt was sold to them, so regardless of my dealings with AIC, thats got nothing to do with RBS because they lost all rights as soon as the debt was sold. I'm claiming charges applied to the account when it was RBS so it is there responsibility.

Do you see what I mean? It is a tad confusing. This is the same situaltion I am in with EGG and Capital 1......gees I must get that link to the thread regarding DCA's.

thanks HAGENUK i will look into that, I know I ask a lot of questions but I've been on here all day gathering info, I think today I've been on here for at least 8 hours, due to the fact I'm claiming against EGG, CAP 1 and RBS. MOST of the info one needs can be found simply by reading other threads, however there's not too much info about when the debt is sold. Or at least I haven't stumbled across it yet.

so regardless of my dealings with AIC, thats got nothing to do with RBS because they lost all rights as soon as the debt was sold

This is true. The point I was making is that if you wish to contest and enter into litigation to seek recompense for penalty charges then it has to go to RBS as they applied the penalties, not AIC.

ok, again that makes sense, and I will deduct the 325 form the amount, but will add the charge AIC made however I understand I need to claim that charge from AIC.

That will be fun, in fact I really look forward to that as they would not reduce the 1125 to 1000, even though they bought it for next to nothing.

as they would not reduce the 1125 to 1000, even though they bought it for next to nothing.

How do you know how much AIC acquired the debt for ?

after reading some info in other forums its been said that the debt is bought at a much reduced rate, someone mentioned 0.02 pence for every pound, someone else has said 10%.

the debt is bought at a much reduced rate, someone mentioned 0.02 pence for every pound, someone else has said 10%

It would be fantastic to have an insider registered on the forum to corroborate this - but I very much doubt either value quoted above is accurate. I know that RBS run a sliding scale where the fee is in conjuction with the total amount of debt outstanding (therefore the potential gain to the debt co)

Id gestimate nearer the 35-40 % mark for those banks who dont operate a matrix sliding scale such as RBS and NW.

hi there,

found the thread, one of the mods says it has to be claimed back from the debt collection agency

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/23593-do-i-claim-bank.html

but he is the only one so far who has claimed this, he is a mod though.

Id gestimate nearer the 35-40 % mark for those banks who dont operate a matrix sliding scale such as RBS and NW

@telewest - check the following link - chap recons 7-12%

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/3525-debt-collection-agencies.html

I still dont think its any lower than 20%, not much point in gestimating as only the banks and Debt Co's know - never know we might get an Aktiva insider registering soon!

TBH I would agree with you on this one, I mean rather then sell a debt for 10 - 20 %, why not keep it yourself and get your collections department to chase it. Maybe we are missing something.

I tell you what though this AIC/RBS is a mienefield, I've had so many different answers, some say claim from RBS, others say AIC. Havent read the full threads though I've been on here all day so pretty tired I'll read one thread a day, then get the DPA letters sent, and take it at one step at a time.