Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

RBS loan & RBS credit cards taken out in 2000 enforceable?


Yorkgirl74
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3833 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi there

 

I have an RBS loan of £19k taken out in the year 2000, is it enforceable and how will I know?

 

I have been paying it off since 2005 through a DMP.

 

Same as the 5k credit cards x2.

 

They are still with RBS and I have claimed charges and PPI from them in the last 2 years.

 

I just want to get rid of these now and have been in a position to offer them at least 40% of the debt by offering a F&F payment.

 

They are refusing to negotiate with any F&F payment. Any advice?

 

I am tempted to bankrupt these to force their hand?

 

I have no assets as I rent through the council and have a £600 car and currently a student so not in a great financial position, apart from the F&F payment I have offered.

Link to post
Share on other sites

If you have been paying since 2005 and still are the debt has been admitted and it is not statute barred.

 

Statute Barred = 6 (5 in Scotland) clear years with NO payments or unequivocal written acknowledgment of the debt.

 

So yes the debts are enforceable.

 

Full and Final Settlement offers need careful handling never start offers higher than 10-15% of the outstanding balance to give room for negotiation.

 

An F&F offer if accepted results in the CRA entries being marked partially satisfied if the debt is defaulted the entry remains on file for the balance of the 6 year default period.

 

This is presuming that the debt have been defaulted on entry or before entering the DMP.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

If you have been paying since 2005 and still are the debt has been admitted and it is not statute barred.

 

Statute Barred = 6 (5 in Scotland) clear years with NO payments or unequivocal written acknowledgment of the debt.

 

 

So yes the debts are enforceable.

 

Full and Final Settlement offers need careful handling never start offers higher than 10-15% of the outstanding balance to give room for negotiation.

 

An F&F offer if accepted results in the CRA entries being marked partially satisfied if the debt is defaulted the entry remains on file for the balance of the 6 year default period.

 

This is presuming that the debt have been defaulted on entry or before entering the DMP.

 

Many thanks for the prompt advice. So can I clarify something?

 

At it stands the RBS loan debt and RBS credit cards do not show on my credit file at present.

 

If I do come to an arrangement with a F&F payment.

 

Will RBS update the Credit file with partially satisfied and Will that update be seen on my credit file in 2013- 2019?

 

I hope I have made my question clear.

 

Thank you again.

Link to post
Share on other sites

It these have already been removed due to the 'time scale' of 6 years from the default date then the accounts can never be reported again to CRAs.

 

So you have no problem there at all!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

the accounts will prob already have been defaulted and dropped of

they cannot return.

 

as they are not going you any harm

why F&F?

 

keep doing what you are doing

oneday they'll sell them to a DCA and the F&F will be very low to them.

 

I know it sounds strange

but as such I would not 'waste' that money paying a debt that is already off your file and not harming you.

 

who is the DMP with?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

the accounts will prob already have been defaulted and dropped of

they cannot return.

 

as they are not going you any harm

why F&F?

 

keep doing what you are doing

oneday they'll sell them to a DCA and the F&F will be very low to them.

 

I know it sounds strange

but as such I would not 'waste' that money paying a debt that is already off your file and not harming you.

 

who is the DMP with?

 

dx

 

Thank you all so much for your info. This is priceless info.

Yes DMP is with B&E, yes I know a fee paying DMP, soon to be changed to a non- fee.

 

The reason why I need to get these debts paid off is, I want to buy my council house next year.

One of the conditions of being able to buy the house is that you are not allowed to have debts with any creditors.

 

So although these debts are 10 years old and don't appear on the CRF, they still need to be paid.

 

All in all I have paid £140,00 per month for about 75k worth of debt.

 

I really thought I would have got some really low F&F acceptances.

I started offering them 15% on all of them from last year. I know it's a waiting game!

But time is running out!

 

So far the best offer was 30% of the debt.

And RBS are claiming to still want the remaining balance total of 20k across a loan and 2 credits card.

 

But what has been interesting is that another RBS loan being collected on behalf of Apex.

( so apex didn't buy the debt) are happy to accept 50% of the loan.

 

Is that a good F&F or are Apex trying their luck.

 

What should I reply to them?

Link to post
Share on other sites

having done council moves 3 times in the past with debt myself under the same rules

 

if it don't show on your CRA file - then they wont know about it.

 

 

as for the F&F's

 

it puzzles me why you are being offered discounts

 

ig you've done PPI/charges

then there got to be something else wrong for them to offer a discount.

 

ok they do offer them, with no 'reason'

 

but just seems strange to me

 

I assume you have CCA's them all too?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

having done council moves 3 times in the past with debt myself under the same rules

 

if it don't show on your CRA file - then they wont know about it.

 

 

as for the F&F's

 

it puzzles me why you are being offered discounts

 

ig you've done PPI/charges

then there got to be something else wrong for them to offer a discount.

 

ok they do offer them, with no 'reason'

 

but just seems strange to me

 

I assume you have CCA's them all too?

 

dx

 

Hmm yes,

well I have instigated the F&F's to be honest.

 

But yes actually the Apex ones approached me?

 

Shall I ask all for CCA's on all my debts even the ones which are still with RBS?

 

Thanks dx

 

you are right if they are not the credit file,

I should just pay them the token payments until I die!

 

I fact I am going to cancel my plan with the DMP and offer less to RBS to force their hand to accept an F&F!!

 

Thank you for all your excellent advice!

Link to post
Share on other sites

if its with a dca you'll be bang to rights to guess they brought the debts for peanuts

then claim the full wack.

 

yes CCA them.

 

pers I've never liked the idea of paying off any debt that's no longer 'harming' you by inflicting a poorer score.

 

anyone in debt has more important debts to rid themselves of to minimise active cra file damage.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...