Rbos help

[mightyroyals]

Hi i have a debt of around about 380 pounds with Rbos of which most of this is interest they have added on the original debt was proberbly for around about 170 pounds.

My question is what do i do, do i pay the full amount ir do i challenge them some how any advice is much appreciated as i have no clue what so ever of what to do.

 

Thanks in advance

 

mightyroyals

[reallymadwoman]

What is the debt for - current account? loan? credit card?

 

Can you give us some idea of the sequence of events so far without revealing any personal details.

[mightyroyals]

thanks for the reply,

 

it was from a basic kind of account that i had when i was 16 they charged me for going overdrawn even though i was not ment to be able to (im guessing as i was only 16 possibly even 15) and i refused to pay it for years and they have now caught up with me demanding even more out of me

[42man]

May I ask how long it has been since you made a payment towards this account ?

 

Have you thought about reclaiming the excessive charges ?

[mightyroyals]

hi

 

i cant remember the last time i made a payment to be honnest i burried my head in the sand and hoped it would go away like i did with the rest of my debts but i just wanna get em sorted now and live a stress free life

[42man]

Well if you haven't made a payment or acknowledged the debt in 6 years (5 in Scotland) then it will be statute barred....however it may be that if it is within 6 years, they might owe you more than you owe them due to the excessive penalty charges + compounded interest.....

[reallymadwoman]

And if he was only 15 or 16 when he took out the account, they couldn't ask for their money back anyway ....

[mightyroyals]

Well if you haven't made a payment or acknowledged the debt in 6 years (5 in Scotland) then it will be statute barred....however it may be that if it is within 6 years, they might owe you more than you owe them due to the excessive penalty charges + compounded interest.....

 

hi thanks for the reply,

 

what would i need to do next i think it has been over 6 years and i have not made a payment do i need to write to them or the dca if so what do i need to ask etc sorry for all the quetions but i do not know what to do and dont wanna mess it up

[42man]

Letter 'M' from here - and send it recorded delivery - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

and don't hand sign it, as it has been alledged that some institutions use photshop to 'lift' your signature....

 

Keep us posted !!!

 

If you are in Scotland it is a different letter.....(courtesy of Rory32)

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

 

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

 

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

 

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

I look forward to your reply.

 

Yours faithfully

Mr A N Other

[mightyroyals]

I have a debt with RBOS that is now coming up to six years with no payment made as i originally argued the debt and never heard anything since, i know when it comes to the 6 year mark it becomes unchaseable but it still shows on my credit file as a default is there anyway i can get this removed from my credit file???

[cerberusalert]

The default will drop off your file six years after the a/c went into default, i.e, six years after the last payment became due but wasn't paid.

[loobyloo85]

If you havent had any communication or correspondence with them for 6 years, including payments made/taken, then this should be statute barred, and you should no longer be liable