Solarman 216

[Solarman 216]

Hi folks new to posting, but been reading your threads, most help full, I have had a run in with RBS, applied for CCA they send copy of agreement stating that they did not need to supply a copy with my signature on it, I wrote back and told them that if they wanted to take me to court then they need docs with MY SIGNATURE, eventually they wrote back (last week) stating that they cannot enforce the agreement in court but would I pay it anyway, Ho Ho Ho, just thought you people out there would be happy to read this.

[katpuss]

RBS are just trying it on.

 

If they cannot produce a signed by you credit agreement then they cannot enforce collection of the debt until they do. Thye won't write if off but they must cease any collection activity.

 

Just wondering, what type of debt is it and how long ago did you take it out with them?

[Solarman 216]

Hi katpuss, thanks for your reply, yes I know they are up a gum tree, the debt is credit card taken out too many years ago to remember, so they will not have the required records, tough, that is what the law states, no CCA no enforcement the fact that they are still "asking for payment please" is inefectuall.

[yubnub]

they wrote back (last week) stating that they cannot enforce the agreement in court but would I pay it anyway, Ho Ho Ho, just thought you people out there would be happy to read this.

 

Brought a smile to my face

 

YN

[Stephan56]

Just writing re Katpuss point of RBS not writing it off. I can understand that. On the other hand, if they are never going to get any return on this, why won't they just settle for "some amount" - even if only a couple of hundred pounds? It is better than nothing.

 

I am in the same position with a number of CC providers. They do not have enforceable agreements, yet will not accept my offers (around level of 15% of amount claimed) to "settle". All they have to do for me is to remove all negative references from my credit file.

 

None of them will go for this. So a state olimbo prevails. It just does not make sense to me. Anybody understand a reason for this?

[cerberusalert]

None of them will go for this. So a state olimbo prevails. It just does not make sense to me. Anybody understand a reason for this?

It's not in the original creditors best interest, it's more profitable for them to write the debt off, claim tax relief & then sell the debt on. You would have a better chance offering a F&F with the DCA who purchased the debt & an even better chance if the debt has changed hands a number of times.

[Undercover-Elsa]

A friend of mine had the same situation with RBS a few months ago.

He just saved the letter, and never contacted them again.

He gets monthly statements-static with no interest added. His credit file said "u" for a while..then it disappeared

Elsa x

[Stephan56]

2 points on the F&F issue.

 

1st, I have been trying to settle with DCAs (2nd or 3rd in the chain) and they do not want to know.

 

As regards the original OC, if they sell a debt on for 10% to a DCA - why not settle with me for 15% or even 20%. They are getting LESS MONEY from the DCAs than they might otherwise. Why not try to settle with the original customer/debtor? I certainly could have borrowed money to settle at those sort of levels.

[Solarman 216]

Thanks for all your replies, I am in a fortunate position, in that I am not interested at all in my credit rating nor ever will be, so the only thing that they are threatening me with is not important to me at all. Rick