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    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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Berevment questions RBS credit card


hallowitch
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My husband passed away about 2mnts ago trying hard to deal with this.

 

He had a rbs credit card with less than 2 k outstanding

 

ive had an assets and liability form to fill wanting to know if he had any vehicles owned his own home life assurance jewelry ect and the value of each it also asked how much I paid for the funeral ect and requests for copy's of bank statements funeral bill and all other outstanding loans or credit card debt

 

 

im finding this a bit intrusive do I really need to tell them and prove how much I paid for his funeral ect thanks

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Sorry to hear about this. It must be a difficult time for you.

 

A bit more information would help us answer as these aren't questions RBS normally ask when you tell them their card holder has died.

 

Did your husband leave a Will? If so are you the Executor?

 

Is there enough money in your husband's Estate to pay the credit card bill?

 

Is the credit card solely in your late husband's name? Or a joint account with you?

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tell who is this RBS themselves?

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... 

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moved to RBS forum

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... 

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Imho stuff and all they can do then

 

No i dont think they should get all that info

Are you exec??

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... 

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hallowitch,

 

Are you appointed as the official Administrator of your late husbands Estate, ie have the Probate office issued you with Letters of Administration? Or are you just dealing with it informally as next of kin?

 

 

 

Did your late husband have some sort of repayment plan in place with RBS before his death? ie because he had defaulted on his repayments at some point?

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hallowitch,

 

Are you appointed as the official Administrator of your late husbands Estate, ie have the Probate office issued you with Letters of Administration? Or are you just dealing with it informally as next of kin

 

Informally as next of kin

 

Did your late husband have some sort of repayment plan in place with RBS before his death? ie because he had defaulted on his repayments at some point?

 

 

No never missed a payment or made a late payment on this or anything else in over 20 yrs

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I suspect what is happening here is that if someone's Estate is insolvent there are strict rules about the order any debts are paid in. And if there are, for example, several credit cards or loans and not enough to pay them all then they all have to paid in the same proportion. You can't pay some debts in full and nothing to others. There's a fuller explanation of it here.

 

 

https://www.bereavementadvice.org/topics/probate-and-legal/insolvent-estates/

 

 

 

My guess is you have told RBS there is no money in the Estate to settle the £2k owing RBS and RBS are trying to find out whether the other organisations your late husband owed money to have been paid in accordance with the rules for insolvent Estates. That is why they are asking the information they have listed. It includes the cost of the funeral because under the insolvency rules the cost of the funeral must be "reasonable". As I understand it they are only asking for financial information about your late husband, not your own income and debts.

 

 

Was there enough money in the Estate to pay for the funeral or was the funeral paid for by you (or other family members) personally, from your own money? If you paid for it yourself you don't have to give any information about it to RBS, just say the family paid not the Estate.

 

 

If you had been formally appointed by the Probate office as Administrator under Letters of Administration I would advise that you do have to provide this information. It would be part of your legal duties, and not doing it could result in you being held personally liable for all or part of the money owing to RBS.

 

 

 

But you are only acting informally and I am really not sure where that leaves you legally. You could just reply and say you aren't formally appointed as Administrator or Executor and were just trying to help them out, and see what happens. You are unable to help with the questions they asked. £2k is a relatively small amount, they might well just write it off at that point. Otherwise come back here and let us know what happens.

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My husband passed away about 2mnts ago trying hard to deal with this.

 

He had a rbs credit card with less than 2 k outstanding

 

ive had an assets and liability form to fill wanting to know if he had any vehicles owned his own home life assurance jewelry ect and the value of each it also asked how much I paid for the funeral ect and requests for copy's of bank statements funeral bill and all other outstanding loans or credit card debt

 

 

im finding this a bit intrusive do I really need to tell them and prove how much I paid for his funeral ect thanks

 

Simply write across their letters ...No Estate...No Assets...No Money and return them back to sender.

 

And please accept our sincere condolences hallowitch ...from the CAG

 

 

Andy

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Hallowitch,

 

sorry to hear your sad news.

 

I think Andy is on the right track.

 

I was in a very similar situation to you some years ago when my brother died. He had no assets and left a mountain of debts. I administered things informally as next-of-kin.

 

Regarding bank loans and credit card debts, I simply sent each of the companies a copy of the death certificate and a covering letter saying there were no assets. All of them wrote the debt off immediately. And in every case it was more than two grand.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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