Hi, To start off with, I must say, brilliant site, spent quite a few hours reading up on the forum.

I would like to ask however, how would I go about dealing with my case where RBoS has gotten a DBA to handle my account?

The background on this: I had a RBoS account as a student several years ago, and afaik, I was not in credit, with a account balance of just under £1, when I moved out of the registered address.

Originally, I had gone a few pence over the limit (I had no overdraft on this account), so I was automatically slapped on with a charge. I paid that off (or so I thought), and sent a request to close the account. This was several years ago.

Now, I received a phone call from the DCA (Interim?) saying that I owe around £360 - this would be the first I have heard about this debt. I called my original branch of RBS up, and enquired about what caused my balance to be so much - they said that they only have 12months worth of details, but they will order the full statements for the past few years (free of charge); this will take 2 weeks. In the meantime, the woman says that I should deal with the DCA as I must pay off my debt.

So, I am wondering how to pursue this; I am waiting for the statements to arrive (should I start making all my correspondance in writing from now on?), and as I feel that my debt is unjustified, how do I deal with the DCA? I do not know if they purchased the debt off RBS however.

Hi, To start off with, I must say, brilliant site, spent quite a few hours reading up on the forum.

 

I would like to ask however, how would I go about dealing with my case where RBoS has gotten a DBA to handle my account?

 

The background on this: I had a RBoS account as a student several years ago, and afaik, I was not in credit, with a account balance of just under £1, when I moved out of the registered address.

 

Originally, I had gone a few pence over the limit (I had no overdraft on this account), so I was automatically slapped on with a charge. I paid that off (or so I thought), and sent a request to close the account. This was several years ago.

 

Now, I received a phone call from the DCA (Interim?) saying that I owe around £360 - this would be the first I have heard about this debt. I called my original branch of RBS up, and enquired about what caused my balance to be so much - they said that they only have 12months worth of details, but they will order the full statements for the past few years (free of charge); this will take 2 weeks. In the meantime, the woman says that I should deal with the DCA as I must pay off my debt.

 

 

So, I am wondering how to pursue this; I am waiting for the statements to arrive (should I start making all my correspondance in writing from now on?), and as I feel that my debt is unjustified, how do I deal with the DCA? I do not know if they purchased the debt off RBS however.

I had a similar experience with debt on a store card going back a few years. At the time, I questioned the debt (and the need to go to recovery agent). The recoveries were chasing me for my cash but I told them I was disputing it and I managed to get this sorted with the finance company.

Whether you can do this with them I don't know. It sounds to me as though RBS are in error and as a result, you are disputing the debt. I don't think RBS are correct in what they have said (having to deal with DCA). If it was me, I would contact DCA asap and tell them you are disputing the debt as you believe RBS are at fault. Inform them you don't wish to clear the debt until you are sure you owe it and see how they respond.

There may be someone around with a bit more knowledge of this area. I'm just suggesting to you what I would do.

Ok, they made another phone call, woman this time. Basically, she said that if I refuse to confirm my identity, they will send someone around. I said I don't live at the disputed address anymore, and she said that they can trace where I am anyway, and the phone call ended around this point.

Bad or good?

Intimidatory I would say...Threats to 'send someone round'?

If you've told them the account is in dispute they should pass it back to the bank, if they keep phoning you maybe this letter could help -

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

Ok, I've finally managed to retrieve the past bank statements, I ended up going directly to my local branch and ordering the statements there, as otherwise, they were faffing about going around in circles on the phone.

It's not too hard to see what has been happening, as I did not use this account much; there are several small instances where I go into the overdraft by several pounds, and I promptly get charged £10 'admin fee'; even if I did put money back into it within several days and leave with a positive balance, the account gets deducted around a week later, some of these bring it back below 0 again.

The beginning of the end is around early 2005, when I move out of my then address; I am overdrawn by 2 pounds; money puts it back into the positive a week later; a new admin charge then brings it back down.

This goes unnoticed for several months, when £10 is deducted from the account, up till mid 2005, when I go into the branch to cancel the account, find that I around -£45; I put £50 in to balance it, and ask the counter guy to close the account for me; he says ok.

So obviously, this wouldn't be the end of the story; the account apparently didn't close; the statements show that, 1 month later, the admin charges continue, and pull the figure back into the negative again - and this continues on for the next year or two (when the charges are now over £30 per month).

Since I have wasted time trying to understand why I have been getting calls in my work time about all this (DCAs with their intimidatory calls), as well as pleas to give money from the debt department of the bank itself to the DCA without being able to tell me how this debt happened, I am certain that the next move will be to write a letter describing the situation, and asking for the charges returned to me as compensation for the time wasted...

Any particular pointers I should keep in mind?

Yes, a few things.

Firstly, send a letter to the DCA saying that the account is in dispute, use this letter here. They should then hand the account back to RBS.

Also, send a letter to both the DCA and RBS about harrassment by phone using this letter here.

Next, go through the FAQs as to what you need to do to obtain your charges back, especially the user guide.

Ok, I plan to send this letter to the bank, as a response to them contacting me:

... (the rest of the letter follows the prerequest library template to some extent)

I've finally received a reply from RBoS.

The gist of the letter is on how they explain all their terms & conditions, and that they provide many services free of charge, however it is up to us to arrange suitable borrowing facilities to avoid charges they make for unauthorised excesses.

To quote: 'we do not agree with the basis of your complaint. We believe that the charges we levy are for providing services and that they are not penalties or charges for default. Furthermore we believe that these charges are fair, reasonable and transparent.'

Finally, they offer a settlement of the figure I asked for as a gesture of goodwill.

Whilst the settlement figure is what I asked for, there is no mention of the £-300 that they levied entirely in charges, plus the possible default, and the situation with the Interum Justica still calling me.

I am still receiving calls from Interum Justica. The other day, a female representative called me, and I asked her to send it all back to RBoS. She asked me how would you know it's from them, etc etc I tell them that I've had a settlement offer from RBS.

Anyway, she continues to say that it'd be better for them to send an agent round to talk, and that they can't send it back to RBS without a letter from them. She continues to say that I am very rude and wasting her time, when in fact I think I have been quite polite and clear, and she's the one being rude and wasting my time!

If only I recorded this conversation!

Just a thought, I may be wrong but if they send an agent round then they can add another fee to the outstanding debt they are trying to claim.

Well, this never ends!

I sent back a reply regarding the settlement letter, saying that, whilst it covered what I asked for back, it does not mention about the remaining charges on the account, plus I wanted it sent via cheque. I also wanted assurance that any debt collection agency will not contact me.

Guess what? since the original DBA only knew my old address (in another city), they had stopped contacting me at some point.

Now, I receive a letter, for £400 (previously it was £2-300!) from Frederikson International Limited, another DBA. This, my address must have been passed on by RBoS from the return address on those letters I sent them.

I'm pretty incense as the point of the original letters I sent them was to stop all this balooney with the 'debt' which to my knowledge, is their own doing!

Also with the claims being put on hold by the OFT, what leverage is there at all against all this?

OK, it almost seemed to have been sorted, I received a settlement for £70, but I sent back a letter stating, whilst it was a reasonable offer, it did not mention anything about nullifying the existing 'debt' they are claiming for, nor of calling off the DCA.

I answered a call from Frederickson International (the DCA they passed onto), and they seemed much more reasonable to talk to. I stated to them that I am not paying any of the claim, even their offered settlement, as the fact remains that the I tried to close the account with a zero balance, and that the currently ballooned figure is entirely all RBS's own doing. They said I should send a letter in writing to state what exactly happened so they can pass it back to DCA.

Soon after that call, I received a letter from Bryan Carter & Co solicitors, claiming for around £500 on behalf of the RBS, and that hey would start proceedings if I do not pay up within 7 days.

I'm guessing I should be writing letters to all concerned parties, and mentioning that the claims are entirely of unlawful charges.

I'm guessing I should be writing letters to all concerned parties, and mentioning that the claims are entirely of unlawful charges.

Yes. Send them recorded delivery too.

The general advice is to not speak to DCA's it's normally a complete waste of time and as you will have found they can be rather unpleasant (just because you spoke to someone nice at Fred doesn't mean the next person will be pleasant).

I would also put at the top of your letters THIS ACCOUNT IS IN DISPUTE