Rainbow Moon v Royal Bank of Scotland

[rainbow moon]

I have a loan with RBS that I have been unable to pay due to my change of circumstances, I sent off details of my inc/exp and the reasons why I couldn't pay it anymore last month and asked that all comms be done in writing.

I had a letter two days ago telling me that they had received my letter and to phone a number to discuss the account with them - I didn't.

 

Last night I had a witheld number ring on my phone which I have to answer as doctors etc are ringing me concerning my caring role and are usually witheld no's - it was a call from RBS and I decided on this occasion to stay with it as I was worried about what they were going to do, I have to say that the man I spoke to was extremely polite and told me exactly what would be happpening with the account, he told me due to my circumstances they would put a hold on the account to stop their collections dept from chasing me (they haven't done anything up to now).

 

I had offered a token payment in my letter but he did say they would need a letter from me showing who else I owed money to along with the amounts to make sure no-one else was getting more money than them pro-rata. I didn't agree or disagree to the request just took down the address he gave me. I came away quite surprised at how nice he was with me and now worrying why he was so nice and what to do next? Would it be ok to send a letter back showing the amounts of the money owed to other creditors and just put creditor 1, 2 etc or will they get annoyed with me for not telling them who I owe the money to? I did tell him that the amount of income I have over to pay my debts will be further reduced over the next couple of months so will not be able to pay any more than the token payment offered but he said to just wait and see whether the payment was accepted on the back of this extra letter. Thanks for any advice, Rainbow x

[IdaInFife]

Hiya ,

 

It's up to you. You are under no obligation to give this info but if you are happy to provide it to get a quick resolution then go ahead or just keep making the payments you have proposed.

 

For all they know you could have made it up

 

ida x

[rainbow moon]

Thanks Ida,

I think I will send the letter without putting any creditors names on it and see what they send back. Rainbow x

[rainbow moon]

Just an update, RBS had been really quiet other than another letter asking me to confirm how my income was going to be further reduced due to kids leaving school less tax credit etc which I sent off a couple of weeks ago. The income/exp made grim reading as I had negative income to cover all the outgoings, I did say I was still willing to pay a token amount but they have always said they would decide how much they thought I would have to pay.

 

Yesterday they sent me two default notices, one for my loan and the other for the overdraft off my current account. I am upset by the tone of the letter as it reads like I haven't even bothered to keep in touch and try and sort this out with them when I have done everything they have asked. The loan debt is the one that worries me the most as it is the biggest amount of money that I owe. They had told me to hold off paying anything until they decided how much they thought I should pay and now I feel a right idiot as if I had paid something to them each month it would have shown to everyone else I was serious about helping clear the debt.

 

Is it worth starting a token payment with them now even though they have issued the DN? The debt has always been made up of my overdraft being turned into a loan to reduce interest charges, then after time they rang and offered re-arrange this into a new loan with less payment and a bit of spare cash which, when you are desperate always seemed a good idea at the time - they must have seen me coming I know a lot of this debt is made up of charges and at least one of these loans had payment protection even though at the time I wasn't working. I would be greatful for any help on this one especially if you think it is still worth starting a token payment instead of waiting for them, I feel I have just played right into their hands now Thanks for any replies Rainbow x

[rainbow moon]

just uploaded dn - does anyone know why it states for internal use only at the top of the dn and if that has any significance to the dn at all?

Thanks for any replies. Rainbow x

 

 

[cerberusalert]

What postage was on the envelope it came in and what date did you receive it?

[rainbow moon]

Hi Cerberusalert, I didn't get the letter until this Monday (14th) , the envelope is a pre printed one with the usual S - think that means it is second post/business post? Rainbow x

[cerberusalert]

The default notice is defective, they have to allow you 14 days from receipt to remedy which should be the 28th.... they're two days short.

 

This means when they terminate the a/c it will be unlawful rescission of contract meaning they can only claim the arrears not the full balance.

 

Keep the envelope with that DN for later use, & do not let on to them that it's defective until they terminate otherwise they can re-issue another compliant DN.

[rainbow moon]

Thank you as always for your reply - Is it still worth me starting token payments with them or just wait for them to terminate? I did send a letter to them a couple of weeks ago asking about the reduced payments but they seem to have ignored it as I have had no reply. Thank you Rainbow x

[cerberusalert]

Have you sent a CCA request for this a/c?

[rainbow moon]

No I haven't, this loan has been made up of previous loans which were then consolidated into new ones where a new agreement has been signed.

 

The last one was about two years ago so I wasn't sure if there was any point. I do know for definate that some payment protection went on one of the previous loan agreements as the lady who sorted out the next one told me it had been added by mistake. I know a lot of the original loan was made up of bank charges aswell - do you think it would be worth doing?

Thanks again Rainbow x

[cerberusalert]

It would be worth sending a SAR to find out exactly what had occurred with your previous a/cs., in that way you should be able to see exactly what charges you should be able to reclaim. With the SAR they have to supply you with all the information they hold on you & that includes all the a/cs you have held with them. If you send the request it is best to list exactly what information you require ie., statements, copies of agreements etc.

 

For the time being keep paying the token payment, no doubt they'll send the termination notice shortly.

[rainbow moon]

Just an update, I received a letter from RBS asking me for an updated i/e form and payment. I sent a letter back stating I could not pay any more than a token payment which I included with the letter plus an updated copy fo my income which has not changed. They have cashed my token payment but have not sent me a letter back accepting this payment or that they can see this is all I can afford at the moment. . I have now received this letter from Triton.

 

I still haven't sent off the Subject Access Request letter as I thought if they were to agree the repayments then I would send it after this. Now I don't know who to send this months payment to. Do I send a letter back to Triton saying I am willing to carry on paying to them?

 

I don't want to leave it as I have just had a court claim for a smaller debt that I am defending - I don't think I can cope with two. Should I now send the Subject Access Request letter and if so, who do I send it to RBS or Triton. Sorry for all the questions. Rainbow x

 

[cerberusalert]

Send Triton a CCA request.

[cerberusalert]

BTW, Triton are the 'in-house' threat monkeys for RBS.

[rainbow moon]

Thanks Cerberusalert, I didn't know they were related. Should I send a cca request rather than the sar? I have signed many agreements over the years for loans that are then consolidated into new agreements/loans. I don't know if the procedures are different for loans rather than credit cards. This is a loan so I will wait for your answer before I send. Many thanks Rainbow x

[cerberusalert]

Send a SAR to RBS and a CCA to Triton.

 

If you look on the very bottom of Triton's letter, what do you see in the small print?

 

Always read the smallprint.

[rainbow moon]

Thanks Cerberusalert - will do - I did miss the bottom bit but will look there first in future Thanks again for your help Rainbow x