No CCA Account Defaulted & Terminated But Statements keep coming

[angry cat]

I am one of the members who has been advised by RBS that, they have mislaid the credit agreement. Thus, they cannot enforce the alleged debt.

 

Now, I have been going through my old paperwork in order that I can ascertain as to whether the account was correctly defaulted and terminated.

 

A DN was served 14 October 2002;

The breach is capable of remedy if you make a payment sufficient to clear any arrears and which leaves the balance within the credit limit;

Arrears on the account are £2,735.00;

the payment must be made by 28 October 2002;

if you do not take the necessary steps to remedy the breach, the Bank will Terminate the agreement.

Please read the DN carefully and send the required payment of £2,735 within 10 dys of the date on the notice.

 

28 October 2002;

Letter received -ACCOUNT TERMINATED.

 

The amount as stated as the arrears on the DN was incorrect as there were charges levied, therefore the DN would be inneffective and RBS Terminated the account on the back of an inneffictive DN.

 

My position is, No CCA, Account Terminated;

BUT RBS continue to send monthly statements;

they just keep coming!

 

AC

[the_shadow]

I am one of the members who has been advised by RBS that, they have mislaid the credit agreement. Thus, they cannot enforce the alleged debt.

 

Now, I have been going through my old paperwork in order that I can ascertain as to whether the account was correctly defaulted and terminated.

 

A DN was served 14 October 2002;

The breach is capable of remedy if you make a payment sufficient to clear any arrears and which leaves the balance within the credit limit;

Arrears on the account are £2,735.00;

the payment must be made by 28 October 2002;

if you do not take the necessary steps to remedy the breach, the Bank will Terminate the agreement.

Please read the DN carefully and send the required payment of £2,735 within 10 dys of the date on the notice.

 

28 October 2002;

Letter received -ACCOUNT TERMINATED.

 

The amount as stated as the arrears on the DN was incorrect as there were charges levied, therefore the DN would be inneffective and RBS Terminated the account on the back of an inneffictive DN.

 

My position is, No CCA, Account Terminated;

BUT RBS continue to send monthly statements;

they just keep coming!

 

AC

 

Bizarre... does it still show on your credit file as an account or has it slipped off now?

 

S.

[angry cat]

No, there is no record of the Default on the CRA files any longer

[the_shadow]

No, there is no record of the Default on the CRA files any longer

 

So all they are doing is wasting our taxpayers money sending you statements that have no meaning as the debt is statute barred?

 

S.

[angry cat]

Experian state: settled 28/08/2002

 

Equifax state: settled 28/11/2002

 

No, S not quite statute barred yet

[angry cat]

Actually, there was a mighty battle going on after the account was terminated about the mis-selling of PPI plus the levying of charges...long story;

RBS marked the CRA files; Settled.

 

But, they continued to pursue me, until I made an s78 CCA Request.

[the_shadow]

Experian state: settled 28/08/2002

 

Equifax state: settled 28/11/2002

 

No, S not quite statute barred yet

 

Err 6 years added to either of those dates would be stat barred? Or am I missing a piece of the jigsaw

 

S.

[angry cat]

Err 6 years added to either of those dates would be stat barred? Or am I missing a piece of the jigsaw

 

S.

 

Some £1 token payments were made to the account that were marked 'Without Prejudice' prior to seeking counsels opinion. As I said, not quite statute barred.

[the_shadow]

Ah right ok... hmm waiting game then.

 

S.

[angry cat]

Surely, RBS should not be sending out statements (demands for payment)

Re: a Terminated account and an account where there is no valid agreement?

[the_shadow]

Surely, RBS should not be sending out statements (demands for payment)

Re: a Terminated account and an account where there is no valid agreement?

 

Nope they shouldnt as any futher payments have probably been written off at termination time however its probably only a flag on a database that somebody forgot to put to "N" instead of "Y".

 

If you write and advise them you are potentially acknowledging the debt as I see it.

 

Like I said waiting game till stat barred letter can be issued and then ask that they stop sending letters/statements.

 

S.

[angry cat]

A flag on a database, thats interesting!

 

The most recent letter that I received from them stating that they do hold hold an agreement for the account, nor sufficient information to reconstruct one. Also said that they would continue to record information with the CRA's about the account! One wonders, what actually goes on in the massive institutions.

 

Anyhow, RBS maintain that the alleged debt remains valid and that they will continue to pursue me for full payment, (even though they cannot, because there is no credit agreement)

 

And so, the bluddy statements keep a coming...I do not open them.

 

I am in Limbo

[the_shadow]

A flag on a database, thats interesting!

 

Yep, on my HSBC one the SAR revealed database entries and one was Send statements Y/N

 

I am in Limbo

 

Only until Stat barred then you can send the bog off its stat barred letter I'm never paying you, once received by them they can ask for payment but you can say no and continued asking is harassment in my mind.

 

A bit annoying admittedly but I'd love some of my creditors to send me a letter stating they cant find the agreement

 

S.

[OnMyWayOut]

And so, the bluddy statements keep a coming...I do not open them.

Just think of them as confirmation of how much you are no longer obliged to pay them!

[angry cat]

All points noted, thank you:)

 

However, is it not harassment to keep demanding payment of monies, when there is no valid agreement; no agreement at all.

 

I actually do have a massive counter-claim against them but they will not issue, they cannot issue due to s78(6)

 

Note that I am not obligated to pay them a penny;

I do not acknowledge the alleged debt.

 

Every time one of their statements arrive, I nearly burst a gasket!

[angry cat]

Oh My God!

 

RBS defaulted & Terminated the account twice:

 

1st Default & Term:

http://www.consumeractiongroup.co.uk/forum/show-post/post-2265159.html

 

The second time was on 22 April 2003;

Default: Please remedy the breach of Arrears £6,991.00 by 6 May 2003;

again incorrect amount is stated on the DN.

 

Account Termination: 07 May 2003.

 

AC

[the_shadow]

Oh My God!

 

RBS defaulted & Terminated the account twice:

 

1st Default & Term:

http://www.consumeractiongroup.co.uk/forum/show-post/post-2265159.html

 

The second time was on 22 April 2003;

Default: Please remedy the breach of Arrears £6,991.00 by 6 May 2003;

again incorrect amount is stated on the DN.

 

Account Termination: 07 May 2003.

 

AC

 

Hmm what a slipshod organisation! you have the termination letter after the first default so the second one is defective anyway, a further reason why they havent issued proceedings or attempted to sell possibly?

 

S.

[angry cat]

Hmm what a slipshod organisation! you have the termination letter after the first default so the second one is defective anyway, a further reason why they havent issued proceedings or attempted to sell possibly?

 

S.

 

Yes, well they could only claim the arrears as stated on the first DN/Termination and I wouldn't even let them have that!

 

And, I would bet my bottom dollar that the account was securitized, in any event.

 

The account has never left RBS, apart from going to, in-house Triton once.

 

Both defaults & Terminations took place at a time when I was extremely unwell and had a PPI claim in place;

A very bad PPI product.

 

I still dont quite know what to do with these ever coming statements?

File them or,

send them back?

 

AC

[the_shadow]

Yes, well they could only claim the arrears as stated on the first DN/Termination and I wouldn't even let them have that!

 

And, I would bet my bottom dollar that the account was securitized, in any event.

 

The account has never left RBS, apart from going to, in-house Triton once.

 

Both defaults & Terminations took place at a time when I was extremely unwell and had a PPI claim in place;

A very bad PPI product.

 

I still dont quite know what to do with these ever coming statements?

File them or,

send them back?

 

AC

 

File / shred... at the end of the day if they are not chasing its not worth worrying about, it doesnt show on your credit file and will be stat barred soonish. Let sleeping dogs lie and all that.

 

S.