Me Vs. Wescott (RBoS current account debt) - Help Required!!!!

[gunner_ben]

Hi, first the background:

 

I opened a current account with RBS back in '05 and after a while found myself frequently going overdrawn and received a number of bank charges (in excess of £800 over the course of around a year). After a while I attempted to claim these back back around the time that claiming bank charges back first reached the media spotlight. They eventually offered me something like £450 which I foolishly accepted given that I was now banking with LTSB and had no intention of using the account.

 

Unfortunately I was unaware that the £450 they refunded did not cover the amount was overdrawn by, something that was only brought to my attention when I started receiving calls chasing for a debt. The debt was then passed on to a DCA (AIC) who proceeded to hound me over the amount. I sent them a CCA request as I was unaware that this did not apply to overdrafts & current accounts. I received a letter back from RBS which stated the following:

 

Dear Mr XXXXXXX

 

RE: Request for copy, Credit Agreement under Section 78 of the Consumer Credit Act 1974

 

We refer to your correspondance regarding the above mentioned account.

 

When responding to requests made under Section 78, the Bank is required to provide you with a copy of a security document (if any) and a letter containing the following details; outstanding balance, details of interest and charges outstanding and the amount of daily interest accruing.

 

Therefore, please find below a Statement of Account for your Royalties Gold Account Account No xxxxxx xxxxxxxx

 

*Date account opened - 5 August 2005

*Debit balance - £XXX (in excess of £450)

*Interest rate - nil

*No interest or charges

 

Please note that due to your account being with one of our collection agencies interest being applied to the balance. However, we reserve our right to apply accrued and accruing interest if brought back to Credit Management Services.

 

Should further assistance be required, please do not hesitate to contact us at the above Office.

 

Yours sincerely

 

Customer Service Manager

 

I took no further action at this point, and AIC soon relented and I did not hear anything from them again. Recently however, I have been contacted by a new DCA - Wescott, who are actively pursuing the debt and frequently contact me with regards to it. I have advised them that I am disputing the debt and therefore have no intention of discussing it but they continue to call and send letters.

 

The last letter I received from Wescott read as follows:

Final Notice

Despite previous correspondance a balance still remains outstanding on the above debt.

 

Unless you make a payment of £(FULL AMOUNT) within the next 14 days a Claim Form/Summons may be lodged with Hull County Court or the local Sherrif Court for residents in Scotland and subsequently issued to you for payment of the outstanding balance plus all statutory legal expenses, as follows:-

 

Amount Claimed* £(FULL AMOUNT)

Legal Expenses £95

Total Amount £(FULL AMOUNT + £95)

 

Payment due before: 16th January 2009

 

My questions regarding this are as follows:

 

How do I proceed? I've become aware that requesting the CCA was redundant as RBS do not have to provide this given that it's in relation to a current account/overdraft. However, if this was the case why did RBS respond with the letter mentioned above?

 

Should I just bite the bullet and offer them £10 a month until the debt is cleared? Do they have to accept this or can they hold out for a higher amount (which I would begrudge paying on the basis of how they've treated me since the issue first arose)?

 

Any assistance would be much appreciated!!!!

 

Ben

[twofoot]

There is no way you can dispute the debt if you have accepted their offer of a settlement. You now have to suffer and pay up one way or another. Either reach an agreement or take a CCJ.

[gunner_ben]

Really? Because I was under the impression that claiming back your bank charges wasn't related to the matter of them selling the debt on.

 

Is this really my only option? As I can't afford to pay it off in one go, do they have to accept any amount I offer?

[PGH7447]

they can sell it to whom they want, what you have done is accept their payment of charges that you claimed, if this did not clear the overdraft then i am afraid that that still exists.

 

however that said, I would assume that you have received a letter of assignment reference the debt from either rbs or aic.

 

if not send wescrap a prove it letter first to delay them

[gunner_ben]

they can sell it to whom they want, what you have done is accept their payment of charges that you claimed, if this did not clear the overdraft then i am afraid that that still exists.

 

however that said, I would assume that you have received a letter of assignment reference the debt from either rbs or aic.

 

if not send wescrap a prove it letter first to delay them

 

I'm not sure what a letter of assignment is but I know I've only ever received two letters from Wescott (one of which I transcribed in my original post).

 

Can anyone confirm whether or not legally they have to accept any offer I make? i.e. £10 a month?

[gunner_ben]

Can anyone answer the last question?

[mr.ton]

Can anyone confirm whether or not legally they have to accept any offer I make? i.e. £10 a month?

 

You are the one with the power in this situation, no-one else - you can either offer a token payment or tell them to get lost and to take you to a county court were the court will have to take into account all your essential outgoings....it will cost them money to take you there & chances are you'll end up repaying £1 per month which is the minimum legal amount on any debt.

[gunner_ben]

Just spoke to Wescot who were very rude.

 

Offered a payment of £10 per month which they refused on the grounds that they did not have a statement of my earnings.

 

They then said they would take it to court and that they would take the money out of my paycheck direct before I even get paid and it would be substantially more than £10. Is this possible?

 

I also asked them to remove the telephone number from their account which they wouldn't do until I argued that it was not a home telephone number and was used for business purposes.

 

They then said that they'd remove the number and that the next letter I'd receive from them would be a court summons. I'm a bit worried now, can anyone help?

[gunner_ben]

Bumping... due to the fact that I really need some advice on this one.

[PGH7447]

Just spoke to Wescot who were very rude. Dont speak write

 

Offered a payment of £10 per month which they refused on the grounds that they did not have a statement of my earnings. In that case offer them £1 a month and let them stew

 

They then said they would take it to court and that they would take the money out of my paycheck direct before I even get paid and it would be substantially more than £10. Is this possible? They always say that

 

I also asked them to remove the telephone number from their account which they wouldn't do until I argued that it was not a home telephone number and was used for business purposes. If they ring say in writing and put the phone down and send the phone harrassment letter

 

They then said that they'd remove the number and that the next letter I'd receive from them would be a court summons. I'm a bit worried now, can anyone help?

 

I will be very suprised if the next letter is a court summons.

 

Write back and state what you are prepared to offer, if they refuse that then the judge if it ever got to court would take a very dim veiw of these morons.

 

also demand their complaints procedure and report the phone drone for threatening death and destruction upon you.