Urgent Plea For Help

[rory32]

RBS shouldn't pass the account to a DCA - they often still do though. Personally I would file the letter under ignore, although you may wish to write to them and inform the account is currently in dispute for your peace of mind. If you need a template for this just ask.

 

It is however just a standard template letter designed to frighten you into phoning and making payment arrangements (usually they will try to get you to agree to more than you can afford). If you read the letter you will notice the use of the word MAY. This means they have committed to absolutely nothing.

 

On no account phone them.

[SweetRevenge]

Rory you're my hero.

 

I've sent off the letters to RBS - they ought to act responsibly, but I'll assume they won't. If we get any more hassle, I'll copy these letters on to the DCA.

 

thanks for your support. (s'posed to be a x)

 

If you get the chance, can you look at my other thread http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/125684-advice-needed-re-contractual.html#post1342182 as well and give me some advice on that? thanks

[loopinlouie]

Intrum Justicia terified me for years with verbal threats. I have learnt not speak to them on phone, or if I do tape it for my own reference as they are nasty verbally and I do not believe anything they say including various threats to pressure us. RBS never ever replied to me and I gave up with I J untill recently with myself sending cca request as they do not reply to anything else as the norm they told me. I now am NOT intimidated by them and just make nominal payment as all I can do. I now dont confirm my name on the phone and they are flumoxed due to data protection and have to correspond by post, good luck as your on the right track with cca.

[SweetRevenge]

Thanks for that - I'm much happier about the situation now. We have received a response to our letter saying the account is in dispute and they have confirmed there will be no legal action against us providing we continue to pay the amount agreed through CCCS - how nice of them. No sign of the CCA's we've asked for however!

 

In the meantime, we've also got the information on the charges applied on the Royalties account since Dec 03- and I'm just about to add them to the claim amount. These charges are £40 per month and interest of @ £10, and the overdraft was created by charges in the first place, and unpaid loan standing order from Oct to March when this had been cancelled and replaced with the CCCS payments!!

 

I'll come back when I've worked it all out! Thanks for your advice.

[JOSH_IOU]

Subscribing ...

[SweetRevenge]

The Royalties Gold Claim now comes to £2,7xx.xx, so its gone up by £1,4xx.xx since dec 05.

 

Interesting, given the OFT case and the banks submission that the charges are fees for an overall package, I wonder how they would explain £40 charges per month on an overdrawn account, when a debt counselling service had negotiated a payment of £5 per month which was being paid in, and no other transactions were taking place, ie. no unpaid dd's, standing orders, or further regression into debt.

 

They are so cynical, my husband is undergoing long term treatment for chronic depression because of this.

 

Do I need to start again with my letters to the bank?

[rory32]

Yes you need to send a new letter as your claim has changed. Remember that you can't claim back the Royalties Gold monthly fee as this was for a service, although you can claim back the account maintenance charges, etc.

[SweetRevenge]

Right the letter's gone orf today.

 

I still need to make a decision whether to deal with all these claims as one or separately. Each of the accounts relates to each other in that one account arises from an overdraft on another made up of charges . . . all are in dispute, but I haven't found a POC yet that comes anywhere near what I need to do the three at once, and I've tried and failed miserably to put one together myself.

 

Any ideas? Anyone willing to take a look and see if they can come up with one?

[rory32]

Have you read this http://www.consumeractiongroup.co.uk/forum/show-post/post-1073793.html

[SweetRevenge]

Hi everyone, been away for a bit (now that's what I call a honeymoon!!!!). Hope you are all fighting fit and enjoying the banks discomfort, for however long it may last. I'm going to start a campaign so that when all the banks are nationalised (hopefully into one) they have to start accounting to us (the taxpayers, and therefore the shareholders) for their less than transparent dealings!!!!! and we can set their bonuses, heeheeheee.

 

As an update, I sent off two letters to RBS asking for copies of Credit Agreements in January 2008. Heard nothing more until a couple of weeks ago - can you believe it, nine months to respond!!

 

Can anyone please comment on the default comments in the text of their reply:-

 

"We regret to advise that the loan agreement has been misfiled [there never was one, and nothing was signed by hubby] and despite searching of our records we have been unable to locate it. Our record of the setting up of the loan has insufficient detail to enable us to recreate the agreement with the required degree of certainty this course of action requires. [Not a big surprise is it?]

 

In the circumstances we appreciate that under s.77 (4) of the CCA if you decide not to meet your obligations under the loan as they fall due we will be unable to take steps to enforce payment of the loan. However we consider that you should continue to meet your obligations under the agreement bearing in mind that the agreement isn't void, it remains valid and your continuing default will be reported to the credit reference agencies. S. 77 (4) only prevents us from pursuing recovery of the debt through the courts."

 

Grateful for any help you can give on our position.

[SweetRevenge]

bump - please take a look