Hi All, Haven't been on for ages, BCW went quiet for a couple of months after I asked for their complaints procedure However, I have received a letter from Horwich farrelly solicitors saying RBS have told them to initiate court proceedings, this is after months of fighting with DCA's to tell them my account isin dispute (it's an unfair charges debt where RBS ripped me off). Just wondering if I can spout all the OFT rules etc to solicitors,how do I deal with these people? ta very much. Mini xx

subscribing... wow you guys on here are great. Jeffo am looking forward to seeing how you get on - we're rooting for you. I was really scared too of debt collections, threats of people coming to the door, court action etc. Similarly had nobody to talk to. This site is more than a chat site - the work these guys do to support everyone is vital. :)

sorry to ask what is probably a really simple quetion but is statute barred after 6 yrs of not acknowledging any debt? what if you were like me and paying towards it (for fear of being taken to court or someone turning up on my mum's doorstep) then decided that the debt is just ridiculous and you shouldn't be paying it t all? the reason I ask is because my student overdraft bank charges were disgusting and doubled my actual overdraft limit. having said that, the account went into default about 5 years ago I think. what do you reckon? Mini x

thanks ODC - nice to have some reasurrance that their letter can be replied to in such a way that is positive for me. One question though - the debt is for the Royal Bank of Scotland but it is not a credit card/loan, it's for a student overdraft that they were charging me up to £100 for going over my limit. Do the same points apply as the ones you listed above? Mini x

ok thanks for advice - have been away (again). I sent Robinson Way & Co a letter dated the 25th April re-iterating that BCW also asked for payment and made them aware they were not able to ask for payment - and said the same to Robinson. I have had a letter today (dated 2nd may) telling me that the notice is one of intended court action, valid even if not read by me (making it look like I am ignoring them!). am starting to get really worried - it's getting sticky. They are asking for full payment by the 9th (it is already the 6th) and made it clear that documents are being prepared for the issue of proceedings. on the top is has, in big letters, NOTICE OF LEGAL PROCEEDINGS. Help!!!! How do I make a formal complaint to the FOS? (I thought it was OFT??? So confused!) Also - itsamometintime, how do I go about court action about the default? I'm getting really fed up of repeating myself and sending numerous letters telling them they cannot harass me for money and things just seem to go from bad to worse with different people asking for the same money! thanks in advance mini xx

Hi all, not been on for ages as things had gone quiet ( see http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/126576-buchanan-clark-wells-now-3.html for background info). Bascially the story is: student overdaft with RBS + lots of charges = DCA (BCW) on my back for twice the amount of my original overdraft. Now then, I'd put my claim into RBS and informed BWC (now Apex???!!) that the claim had been put in and as a result they could not chase me for the debt until the case had been reviewed. That was at the back end of Jan 08. I recieved a letter yesterday (after a few months of everything going very quiet and DCA not receiveing a penny out of me) form a company called Robinson, Way and Company ltd. This is what it says (dated 23/04/08) After BCW/Apex tried chasing me for this they passed it on to their solicitors - nothing a letter from could couldn't sort out (well it shut them up for a while) - now this new agency who I've never heard of! Advice please on the next step??? Thanks Mini x

Hiya chaps & chapesses. Sorry I have been away for a while. I had a lovely letter from RBS saying they acknowledge my complaint, a lot of blah about the test case, and that they will deal with it when the results of the case come through. Ok, fine. But they have IGNORED my request for them to remove the default. What now?

how do I get them to send the manual intervention notes if they are claiming that by law they do not have to keep a note of manual interventions? that can't be right!

thanks chaps, letter has been sent today. I wrote on the end of it ha ha ha. you are all stars!

is it true that they don't legally have to keep records of manual intervention?

thanks x will send it asap!

Thanks Dave - As Halifax have not dealt with my request (I wanted all statements not just a list of bank charges) do you think I can ask them again and still within the 40 day time limit? To be honest I think my claims with RBS and Halifax will both be stayed but I suppose I can at least get the claim in. Cheers

Hiya For background info on my cases please see my thread: http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/126576-buchanan-clark-wells-now-3.html#post1350792 OK so I put in an SAR to Halifax, just the bog standard one off the library on here. This is what I got... Bloomin long winded letter. :? Can anyone translate? Also I only asked them for statements, and I want full statements not a list of charges! What now? Is this woman politely asking me to shove off until after the test case?!

Hiya me again Just got this letter form Halifax re my SAR ( I got my template letter form the library here).. am really confused! Sorry long letter please be patient.. Bloomin long winded letter. Can anyone translate? Also I only asked them for statements, and I want full statements not a list of charges! What now? Is this woman politely asking me to shove off until after the test case?!

Hiya Was up til 4am (sad I know!) calculating charges on the spreadsheet/going through statements. At first I was just counting all the extra amounts of interest added to my account since every charge put me further and further into my overdraft. Then I remembered the spreadsheet and used that - now what about the other interest charges made to my account? Am sooo tempted to send this off but I need to know exacly what I'm doing or I'll look like a right numpty! The dispute is: RBS put a horrendous amount of charges on my account, sometimes £105 PER DAY! To keep a quiet life, when RBS passed my a/c over to Buchanan Crap and Wells, I just started paying it off bit by bit. Now I've come to realise that I shouldn't be paying so much! However, my last payment WAS late Dec 07. Since these guys have changed over to Apex they are claiming they did not receive payment. I wrote to them stating that I can provide them proof, but the bank would charge me for the service so if they are willing to cover that cost they can have the proof. They didn't get back to me on that one.... And I was not sure exactly why I was paying so much.... that was until I received my bank statements the other day! So... my question is what do I do now? I have the speadsheet with all charges plus interest, but what about the other interest I have been charged for being so much overdrawn? These are about £30 charges at a time! I know that I should send the LBA letter, just not sure about the interest thing. Please advise

oh my god.... i just finished totting up my RBS charges... are you ready? CHARGES: £2235 INTEREST: £563 TOTAL: £2798 That's flipping staggering! It's disgusting and now that I know how much of my money they have taken/trying to pinch fom me I am sooooo angry! I worked out that the total credit to my account since being passed over to the DCA is £1495.88 over a period of 15 months! so lets: Amount the DCA say I owe is £2172, and I have paid £1495. That leaves £677. Actually since they got the Dec payment it's actually £607. Okay... WITH CHARGES: I am owed £1628 WITH CHARGES PLUS INTEREST: I am owed £2191 Have I worked that out correctly? Also, have been reading on s10 data protection act. I had been defualted due to unlawful charges by the bank. Do you think I should send a letter about s.10 of The Data Protection Act 1998. cheers

just been thinking of my reply letter to the solicitors telling them to butt out... if it is against OFT guidance to persue me for a debt when it is dispute, and that I have informed them that the account is in dispute on at least 2 occasions, does that not make it illegal to pass my details to a third party (ie the solicitors)? ???????

you could always point out that you did offer to make some contribution but as they are not willing to accept what you have offered you could say that in light of their actions you will be processing a reuest for a CCA then send your CCA at the same time. I send these guys 2 or 3 letters at a time for different things because that is exactly what they do to me!

suppose there is always the 'wasted costs' order?? I am in the process of spending a lot of time reading and researching, writing and posting letters etc. so when i'm a little more sorted and a bit more sure of what i'm doing, or when my debts are settled i guess, the 'wasted costs' order will be making it's way to RBS. keep your receipts! mini x

er... i think you just stop and let them get themselves into default. yeah i regularly fell into arrears and paid the last payment with the current one but with no problems, i used to say 'well i dont get paid until xxx date' and they'd say 'what can you afford today?' kind of thing. must admit i always tried to stay on the right side of them and spoke to them like i'd like to be spoken to. unfortunately i was very naive and decided to settle the debt to have a quiet(er!) life.

hiya i've dealt with moorcrap before i joined this site. i found them to be ok when i offered to go through my expenditure to describe how i couldn't afford the payments they wanted. they were happy to take what they could get! however, i am sorely regretting it now as i cleared the debt. i'd now say to go the cca way, and although it may get sticky at some times but just try and ride through it. if you have worries post on here there are loads of people to support you x

should I put something like 'it's interesting how you are able to correspond with me with a letter to pressure me into making payment arrangements but seem to be shy about entering into correspondence with me and referring it back to Apex....'

thanks allwood Dave said no CCA as it is a student overdraft that RBS slapped charges on for and then passed it to BCW. The parnters names are Adrian M Ogran and Simon AC Newbold.

hiya sorry been away on a conference jut got back and checked my mail.... RBS have sent my statements (that was quick!). Last week I sent 3 letters to BCW/Apex (they still cant decide who they are...read on). One for asking them to write to me if they wish to correspond (no telephone calls or visits to my home against my repeated requests), one confirming that this silly £70 was paid back in dec, and one reminding them that the account is in dispute and they should not chase me (ie curlyben's letter as mentioned before). Now....... They use lots of bold lettering. So, even after sending CB's letter , instead of them chasing me they have asked their solicitor mates down the road to do it! Am feeling really anxious about it all. I have missed the 72 hours anyway (as I said, I've been away) and the letter was dated the 21st January. Whats the next step? Am very worried that I'm just getting myself into hot water and don't know what to do. Thanks x x x

thanks dave, your a great help. Will send it tomorrow. And keep everyone up to date!