Hi, It’s another topic from a long time reader, as itseems that I don’t have the applicable knowledge on here to contribute to thewealth of experience of other posters.

Thanks in advance for taking the time to read this

I throw myself at the mercy of the forum, and any advicethat you can offer regards to my current predicament.

History:-

Back in 2005 myself, and a business partner had abusiness account. We were not limited, just partnership.

The business grew, more cash flow was required, and soonan overdraft of up to 23k had been run up. We were expanding rapidly, staff andstock..

The overdraft was extended numerous times, in smallincrements each time incurring a £500 arrangement fee. This was never once,signed for, at one time, it was done twice in 1 month where the manager hadupped it twice, after being asked once..

After trying to chisel away at this, and reducing thesum, on the advice of a business manager, it was turned into a business loan.It was less interest, and looked better to the bank to be seen to repay it.

This happened simply by talking about it, on the phone.An email was requested to confirm that’s what we wanted to do, but this wasnever sent. ( im male, and it’s in our nature not to do as asked sometimes). Thefunds landed in the account.

Payments were made on this up until the recession starteda good few years back. When we couldn’t afford the payments. It just neverseemed to end. Payments were crippling us, they kept increasing also. We had itback down to just over 10k when we couldn’t pay anymore. So, we worked out somesums.

Working out what was left to pay, and what we have paid,meant me had paid over 25k back, and yet had another 10k left to go? This didn’tadd up, given the term of the loan, and how long it was paid, that the 10Kwould not be paid within the timescale of the alleged agreement. This andcaused us to start asking questions. At the time, the overdraft was under 3kalso.

We had (due to financial reasons), stop paying, approx.2008 and we had banked with another high street bank for a while before this,so the business could be run under a new name, while it was being closed.

As the old business ended. I sought work elsewhere, andthe partner continued to run what was left of the business.

After no payments were made into the account, they tookover a year to phone the business and ask why? We asked for confirmation of anydetails verbally to managers, regarding copies of agreements as we felt we weretreated unfairly, and they never phoned back. More time passed.. and we gotletters every 6 months informing us the balance.

After seeking advice on here in 2011, I requested a CCAfrom them, with the 1£ PO for each of us, as per the template on this site.Nothing.

We sent another six months later, Nothing! so they’ve nowhad over 2 years to respond.

Over a year back, my wife’s mobile phone rang.. Andsomeone on the other end, not saying they were from RBS asked if a (my Name)was there, and was it the same ( My Name) that had a business called (Businessname) ?? They then said it was RBS, and could they talk to me.

She said yes, that’s my husband.

She put the phone onto myself.

The conversation was very vague.

I informed them that the alleged account was in dispute,and that details had been requested. They also asked, repeatedly, if I had acopy of anything, I said “I had something, but not sure what it was”. They keptasking.. “do I admit I had an agreement”.. I would not answer this.

How they got the wife’s mobile, is beyond me. I had thesame phone number at my house/previous house since 1998, and the same mobilefor the last 8 years.

Yet? they didn’t have my details?

I may have what looks like an agreement, however it’s notsigned by me, the other partner, or the bank. There is in fact no signatures atall, or provision for one.

There are no dates, and the sections regards to paymentsare linked to points which don’t apply, or not there. It’s so vague, it doesn’tcover much.

Over a two years ago, they have since sent me the firstletter ever asking me to talk about a repayment plan. Followed moths later bytelling me that they had passed the debt onto a third party collection company.

(I have dealt with an HSBC loan a few years back, ofwhich we settled before it got to court, and looking at how quick that moved,makes me think that RBS may be hiding something. The HSBC did NOT mess around,from letter of default, to court form in under 3 months)

There have been numerous agencies that this has been soldto, Triton, Zinc (nightmare), Westcott , I’ve lost track. I have not acknowledgedANY in writing, since in my opinion, since RBS did NOT send a CCA as requestedall those years back. There’s been over 10 differing agencies, and letters fromRBS every 6 months telling me that the new collection agency will be XXX

I have a drawer full of letters, threats, act. There’scalls to my mobile, of which I had given them as they were calling my wife inwork, asking to speak to me. Despite informing them that its nothing to do withher, she still gets calls now. She has ended up blocking them.

Calls to me, happened several times a day, in work, home,after 6pm.. I had to change my number. Almost harassment, and job costing.

Yet, over all the years, the ex-business partner remainsUN CONTACTED, despite mobile being the same, same address and so on.

Im thinking it was a fishing call, and there only lead, that’sbrought this. I also think that fishing to my wife’s mobile, to ask for me, isa grave data protection breach of her records. And, sending these details toother parties is a further breach.

The current agency, is Tenon, and again, no communicationon my part. A few letters inviting me to London (Could not afford this) andthen the threat of a home visit after 6pm, over the next few weeks to discussface to face.

This puts a burden on my relationship, and suffering fromdepression/anxiety, compounds the situation. What if my 6 year old answers thedoor to someone? The wife is

Overall, it looks like the goalposts were moved, andrates/payments/arrangement fees were repeated added onto the balance, which isnow 25k ish. ( funnily, it’s never gone far over it, over the last year orso..) Over 12K of charges, and fees. In the 6 month statements, they debit theloan payment from an account, then charge an overdrawn fee, then return themoney back as it was overdrawn, charging for the bounced DD and returnedpayment.. Charge city.. The total figure consists of 2 accounts combined, 1 anoverdraft, and 1 loan. I cant make head or tail of any figures, as they changeper DCA, that just demand 1 amount.

A date for SB is not known exactly, but by memory, isnear. I don’t know exactly when, as there are no dates on anything I possiblyhave.

My Experian/Equifax is clear, except for a satisfiedCCJ.( nothing to do with anything here)

No defaults, no delinquent payments.

Not sure where to go from here really… But I need thisending, its making me ill, and I can see why so many people can just fold,calling it a day. Im not ready to roll over just yet.

Im thinking SAR, but If they have no details on me, thenwill an SAR give them something.?

The only legal advice I’ve had, advised that the courts won’tbe interested, unless they can provide a CCA, is this why so far, were still inthe DCA route for 3+ years?

Any advice would be welcome.

Thanks.

Loops

send the latest fleecer the statute barred letter frfom the library

its cause they keep 'speaking' to someone

that they think they might have found a mug to fleece.

even if its not SB'd

they'll never dare take this to court!!

dx

Thanks,

Ive not spoken to anybody since changing my number, and neither replied to any communication. IMHO its between me and the bank.. not the DCA.

Would asking for a SAR stir up the nest? as that would give me dates of last payments.

What if they arent able to provide SAR as they have no records? Surely me requesting, would be giving them info they dont have?

Checking up on the home visit threat, its against regulations to turn up at your house, without making an agreed appointment, not stating a date or time either. Harrasment complaint to OFT if the case.

Thanks for advice so far.

its your legal right to rest sar info

and no it does not 'stir' anything up.

as for the home visit rubbish

just remember these companies ARE NOT BAILIFFS

they have NO SUCH LEGAL POWERS

if anyone did ever turn up

simply tell them to leave your property

and call the police.

dx

Thanks,

I will look at SAR, but very carefully. The usual no signatures, PO for SAR use ONLY etc. At the minute, they dont have a confirmed address, as its not been verified.

Sods law, theyll look at dates for SB, then step the game up. Maybe its imminent, and thats why there firing one DCA after another concurrently.

Probably best to SAR and collect the information in branch with passport ID?