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RBS Credit Card Debt

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I owe £3600 on my RBS credit card. My credit limit is only £3300, so every month I am being charged. I have spoken to them and the only help they offered me is if I pay £90 a month for 3 months, they won't charge me an overlimit fee. After the 3 months I will be back in the same position of still being over my credit limit! After one more missed payment I received a default notice advising me to pay the £300 I am over my limit by or they will put me to a DCA. I can't afford to pay it. I don't really know what to do. Should I just let them pass the debt to a DCA? (My credit rating is completely ruined anyway) or should I fight this one out with them? I have had so much trouble with RBS in the past and each time have won my little battles (bank charges, mortgage terms etc). I can't bear the thought of them screwing me on this one! Any legal loopholes?:|

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Hi and welcome

 

How old is the credit card, when was it taken out?

 

Have you previously sent a CCA request?


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Thank you. I can't remember exactly, probably 2006 or 2007. I haven't sent a request yet, not sure how to go about it.

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Not sure if the CCA request route would be valid for a card issued in those years, but it might be worth a try.

 

A CCA request letter (N) from our templates library should be sent by Recorded Delivery with a £1 postal order. Do not sign the letter.

 

They have 12 + 2 working days to supply an acceptable copy of your Credit Agreement. In older agreements there are some problems with their enforceability and this can, if you wish, mean that you cannot be forced to make any further payments as these Agreements cannot be enforced by a Court.

 

Hopefully others with more knowledge of the exact dates will be along to offer further help.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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There might be some mileage in the default notice.

 

There should be 14 days from when you receive it to resolve it, plus some time for delivery.

 

I think that they have problems if they have included penalty charges in the default amount.

 

Did you keep the envelope?

When was it dated?

When was it posted?

When did you receive it?

What is the date to resolve the default?

Have they applied any charges to the account? If so, what is the rough total?

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Hi :)

As far as I'm aware if the rules changed after 6th April 2007.

As above, send off for the agreement to see where you stand, then take it from there. The link is below. Don't sign the letter, send with £1 PO by recorded delivery. If they fail to supply within 12+2 days you can legally put the account in dispute and choose not to pay, if you wish, until they produce it.

If you want to find out about all the charges etc another route is the Subject Access Request, costing £10..link below.

As 2grumpy says, the Default Notice is important too, so if you could let us have the info it may help. Better yet if you could scan it, remove personal details and post it on here that would be great.

All the best with this,

Elsa x


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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The default notice is dated 25/07/09 and I received it on 29/07/09. It says I have 17 days to credit the account. If I am passed to a DCA will they still be able to charge me interest? I'm just annoyed about the fact that these banks do this to people intentionally. Fair enough, I have a personal responsibility to keep within my credit limit, but drastic times call for drastic measures. I'm sure thousands of people are finding themselves in that position.

This does not eliminate the banks' responsibility. I have a credit limit set it place. A limit. Is there nothing that stipulates that my card should be suspended once this is reached? I am awaiting a copy of the terms and conditions of the card, but surely it has a definition of 'limit' or reasons why a card would be suspended?

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Not sure if the CCA request route would be valid for a card issued in those years, but it might be worth a try.

 

Definately worth a try. I took out my RBS card at the start of 2006 and Wescot have failed to send the CCA I requested. I have just posted my Failed to supply a CCA letter today.

Edited by mcg68

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something doesn't ring quite right here; the card would have been refused when you tried to exceed your limit?


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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3 months of interest + unpaid fees would rapidly add 300 to a 3.3k debt though, and if it's hitting default status with rbs, then there will generally be at least 3 missed payments in a row.

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True


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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The default notice is dated 25/07/09 and I received it on 29/07/09. It says I have 17 days to credit the account. If I am passed to a DCA will they still be able to charge me interest? I'm just annoyed about the fact that these banks do this to people intentionally. Fair enough, I have a personal responsibility to keep within my credit limit, but drastic times call for drastic measures. I'm sure thousands of people are finding themselves in that position.

Just to be clear, does it say "17 days" or did it give a date & you did the maths?

 

I think it should have been a date. If that is the case you might be in a reasonable position when they terminate the account.

 

If you don't pay, they will probably ask you for the whole balance & then send to a DCA fairly quickly.

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I haven't had 3 missed payments in a row, I missed one payment and then had the default letter.

 

My card was not suspended until 2 months after I went over my limit, I used it several times after hitting my credit limit. Surely it should have been declined when I tried to use it the first time I was over my limit?

 

The default letter actually says "17 days from the date of this letter"

 

It doesn't seem quite right...

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I haven't had 3 missed payments in a row, I missed one payment and then had the default letter.

 

My card was not suspended until 2 months after I went over my limit, I used it several times after hitting my credit limit. Surely it should have been declined when I tried to use it the first time I was over my limit?

 

The default letter actually says "17 days from the date of this letter"

 

It doesn't seem quite right...

Is it headed Default notice under section 87.......................

 

Or:

 

Notice of default.

 

A default notice has to be headed such and must give a date to rectify by, not a number of days.

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It says "This is a Default Notice served under Section 87(1) of the Consumer Credit Act 1974"

 

What do I do about an invalid DN?

 

Does anyone know the legalities of a credit limit?

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It says "This is a Default Notice served under Section 87(1) of the Consumer Credit Act 1974"

 

What do I do about an invalid DN?

 

Does anyone know the legalities of a credit limit?

The faulty Dn is only of use when they Terminate of request the ballance in full.

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The default period hasn't expired yet ...

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Sent my CCA request to RBS today. What date do they have to respond by? Can't wait to see what they have to say...!;)

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My credit card account has been removed from my digital banking?? As far as I can see, I have until tomorrow to "rectify" the situation (according to my invalid default notice!) Do we think this is an early sign of RBS terminating my agreement?:confused:

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Sent my CCA request to RBS today. What date do they have to respond by? Can't wait to see what they have to say...!;)

Close of business, 26th August.

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My credit card account has been removed from my digital banking?? As far as I can see, I have until tomorrow to "rectify" the situation (according to my invalid default notice!) Do we think this is an early sign of RBS terminating my agreement?:confused:

Could be, but sit tight and wait to see what they do.

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Am I still supposed to receive statements once I have been issued with a DN? I got one today asking for a minimum payment of £81:confused:

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Am I still supposed to receive statements once I have been issued with a DN? I got one today asking for a minimum payment of £81:confused:

They can add interest until they enter default in not supplying the CCA by the 26th August. After that date:

 

  • You may not ask for payment against this account.

  • I am not obliged to offer any payment against this account.
  • You may not add further interest or any charges to the account
  • You cannot register any data with a third party.
  • You cannot take any enforcement action, including registering Defaults.
  • You cannot pass the account on to a third party for collection.
  • You cannot sell the account.

Read They for you.

 

They will ignore the laws and still carry on regardless, but you need to keep the letters going in to them at the appropriate time.

 

Next one is due out on the 27th August!

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I have been reading some of the other posts and a few are saying that because I applied for the card online, it will most likely be enforcable? Do they still have to provide a CCA? :|

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I have been reading some of the other posts and a few are saying that because I applied for the card online, it will most likely be enforcable? Do they still have to provide a CCA? :|

I think it depends on the date that you applied.

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