I am sure, but they can only go for a charging order if they have a ccj against you. I would suggest that you ring the courts today,if it was done at this court they will have a record of it & will supply all relevant details.You should also request a postponement, to give you time to get all the info you need. Debs

By the way, are they chasing you using your origonal account numbers, or the new ones they gave you. debs

Send solicitor letter explaining debt is in dispute. Until it is resolved they have no legal right to harass you. They can't take it to court without the CA, they Know this, but you'll have to tell them in writing. Copy Telford & complaints dept. Debs

If its been requested, why aren't they sending it.......oh yes...they haven't got it. So lets still demand money for a debt we can't prove in court....nice try Cahoot. From what I've read on this forum, until they comply with your CA request, the debt is in dispute & they have no legal right to harass you for this money. I don't understand, how can they collect the full balance without proof that you owe the money. The courts will throw them out on ther big fat greedy backsides:p. I'm sure you already know, do everything in writing..DO NOT phone them. Debs

Hi fuggles, the council are always quick to bring in the bailiffs, its standard practice, but when it comes to speaking to them directly, the staff are always helpful at setting up a repayment plan.Go in, explain your situation & resolve this.I don't think they have any intention of making you bankrupt, thats nonsense. As for the RBS, challenge those charges. Put the account into dispute, and freeze any further charges & interest.

She has been paid £380 a month for 2years, for a job she was nolonger doing. Has spent the money renovating her house. I'm sorry I have no legal knowledge to avoid this claim, but surely she has to accept some responsability for this error, & in all fairness, come to an arrangement to pay this money back.

Oh by the way, no credit agreement, no enforceable debt. Send a CA request asap.See what comes back. Depends how long ago since she opened the account, but RBS are not very good at retaining paper files.As your not using the account, you've nothing to lose.If they don't supply the CA within the 12+2 working days, the debt is in dispute. Debs

ok, this is RBS. They do not have to follow rules like the rest of us.SO they think. Do not be bullied by these people.Do not speak to them on the phone. From this moment on all correspondence is in writing, & every letter sent is copied & recorded. This is an overdraft account,they say is being managed in accordance with there terms & conditions. OK, YOU WANT A COPY OF THOSE TERMS & CONDITIONS,& A SIGNED CREDIT AGREEMENT, making you aware of this. Also send off letter of complaint to RBS at Telford. Debs

Do they have a ccj against you for this Debt? Debs

Bob, from my own experience at my charging order, the Judge made it perfectly clear that because of the current state of the housing market, & if every charging order became an order to sell the courts would be putting 1000's of people on the streets everday & they are reluctant to do this.Yes they have the CO, but they can do nothing withit. So please put this concern to one side & focus on getting this setaside. Debs

Hi,welcome to cag Firstly, don't worry. Yes you need to put everything in a letter to the courts ASAP. Speak to debtline they will go through it all on the phone,they'll give you as much time as you need. From my own experience ,If you have defaulted on the payments they may get the charging order, but I can tell you 100% this WILL NOT become an order to sell. The judge will not put you & your family on the streets, & as long as you are paying the mortgage it is still your home. As for the £25 per month, if they get the charging order, the debt is fulfilled, the judge might advise you to pay in order to reduce the debt but that will be up to you. The debt is for £9500.Does it include any charges ? Have you done a CA request? Debs

I think your right, this is a new excuse by RBS to not comply, I don't believe it is a valid reason. A postal order is a valid form of payment, I would resend it, along with a letter to there Complaints dept in Telford. See what happens. In my experience these people will lie in order to not comply.Probably the real reason they have returned it ,is because they CAN'T supply your CA. In our case we sent postal orders to RBS, but our request was rejected because they have a ccj against us, & according to them they don't have to comply with our request,& yet I've read other threads were people have had CCJ's set aside because no CA has been supplied:confused:. Don't assume that because this is a large bank that they will conduct themselves accordingly, I can assure you 100% they will not. Debs

well done however you still have this ccj. Perhaps now that you have empowered yourself you should use this site & this NEW relationship with RBS to resolve this debt. debs

Paul, we tried, she didn't want to Know. She had already made her decision before we even entered the room. She was utterly utterly ignorant of consumer law, as far as she was concerned the RBS could do whatever they wanted....according to her they don't have to comply with a SAR, & only have to keep Data for 2 years they could add interest after judgement without any agreement. I wanted to scream:mad:. Duncan had to lead me out before I said something.

Thats right,just because you are exercising your legal rights, it is not uncommon for the banks to turn nasty, taking away overdraft facilities & closing accounts. Be prepared. Debs

This is the problem, they are creating these hidden accounts,accruing massive amounts of interest. They are going to all this trouble, opening these accounts,managing them, storing all this data, inflating there balance sheet each year, and they stand up in court & say we don't profit from them. Nobody goes to this much effort,to lie & decieve unless theyv'e got something to hide & gain. The value of our charging order wasn't for the amount on the router account....we think. According to CMS our indebtedness is @£100000, but we had seperate charges totalling £78000, theres nothing on each of the court docs to link the 2, they should be a joint debt, the bank have doubled the debt. I have no doubt that at some point if we don't challenge this they will try & enforce the whole debt. Don't forget ,had I not challenged them, I believe they would have tried to use the false quarantee held by Fladgates. The property mentioned in the quarantee has no mortgage & its value more than covers the debt. Debs

Ok, so they said in court that the Router account was only set up once they got Judgement. But that simply isn't true. Once again we can prove thats a blatant lie. We can provide data showing ours was active 2years & 8mnths before judgement. Why are they prepared to lie to a court about this, what is it that they are trying to hide ? Debs

Ok, so you took the loan out 5 years ago.Good. A cost cutting exercise by the RBS some years ago meant that they destroyed alot of important paperwork & only store info on screen. Infact I know that CMS do not retain paperfile. You need to do a Consumer Credit Agreement request. Fingers crossed if they can't come up with your origonal signed agreement, they can't enforce the debt. As soon as there time is up to comply you can dispute the debt. Might be worth a go....nothing to lose. Debs

What exactly is the DMA offering to do for you? Are they asking for money ? Debs

Mmmm.. ours is different then, our router account was set up in June 96,when they opened the new loan accounts. They didn't get the CCJ until Feb 1999. Maybe, they were always intending to get judgement against us, thats why they altered the account types,used a false guarantee,lied to us and refused to accept any of our offers.

Send to The Recovery Manager Credit Management Sevices Kendal Court Ironmasters Way Telford TF3 4DT When we did our SAR, the letter & PO for £10 were sent to Retail Regulatory Risk In Edinburgh. But we also sent a letter to Telford,plus a copy of the SAR.This meant we were getting data from both.You'll get statements from RR,but CMS should send a Dairy event history,from this you can see what they've been doing.All there data is held on screen,they don't keep paper files. I think you should point out to CMS that they have no legal justification in harrassing you for this debt. Ask why they are passing it on to DCA's when you are complying with the CCJ. Also write to the DCA, there are templates on this site.They are not allowed to chase you for this money.Make sure CMS have a copy of this. Don't ask nicely,make it short & to the point. Debs

The bank will only continue to win, as long as people remain ignorant of the law. This site will give you the knowledge to fight back & challenge the RBS. They will bully you, & they will lie to you, with help you WILL catch them out. If we had known what we know now, the RBS would never have got a CCJ against me & Duncan [DandDvRBS]back in 1999 For £58000 each,for a joint debt of £25000 in 1993.Despite paying back over £30000 we still owe over £100000....and growing daily. Don't give up at the first hurdle. Debs

My advice, don't sit back & wait for CMS, they are not nice people, don't assume that because you are dealing with a such a large bank, that they will be fair, honest & open with you.Far from it. When did you take out the loan? Is it possible that the overdraft account is/has accrued charges which may be excessive?

Sorry but no, CMS are employed to extract as much money from you. The next step they will probably go for a CCJ.

Write to them again, enclose a copy of your origonal request & a youv'e not complied with my origonal request letter. Make a complaint to the information commissioner, you'll get a number & thats about it...as Sparkie will tell u. Waste of time. Best option,be a total nuisance write to R. Johnson ,the recovery manager at Telford Joyce E Tudor ,retail regulatory risk in Edinburgh Kelly Collinson ,Office of the Group Chief Executive, Bishops Gate, London. Then of course RBS complaints dept, which is the same office as Telford. Until you get all info theres very little you can do, basically without the ammo your firing blanks...sorry but you will have to be patient but aggressive.