Eeeek!What do I do now?

[sashadog1]

Hi all.

 

I would appreciate some help please.

Currently struggling with debt, contacted CCCS who suggested the token payment route, most creditors have been happy with this.

 

Before Christmas I received county court papers from Royal Bank Of Scotland Solicitors. I owe just over £6,000

 

Using this site and in particular Loopy Loos thread I cobbled a embarrassed defence and submitted it to the court-I requested a copy of the agreement and to date have not received it.(Received default notice)

 

Today I have received a letter from the solicitors stating they have been instructed by RBS to allow this matter to stay at the County Court Bulk Centre whilst settlement negotiations proceed, they have no wish to incur unnecessary costs and would like to reach a amicable settlement perhaps by way of a Tomlin order, they shall provide a copy of the agreements as soon as they are received from the client.

 

What shall I do? Contact the solicitor, contact the court or wait for the court to contact me? (Do I inform the court that they are trying to frustrate proceedings by not being forth coming with the information requested)

 

To be frank-I dont have a clue!

 

Thanks for reading

[supasnooper]

Hi there,

 

Welcome to CAG.

 

Until you have a copy of the relevant agreement for the account that RBoS have pursued legal action on, you would be foolish to enter a Tomlin Agreement.

 

Have you sent off a CPR 31.14 request to RBoS ?

[sashadog1]

Thank You very much for your reply, yes I did request CPR31.14. To date all they have sent are the statements for the account.

[palomino]

While it is clear that you had an account with RBS any enforcement rights are contained within the agreement. If there is no agreement then repayments are not enforceable. RBS solicitors have recognised this (but probably won't admit to it in public).

So, the ball is in your court. Negotiate if you will but the lie of the land is very much in your favour.

 

As for a Tomlin Order I would regard this with the same enthusiasm as sticking your head down the toilet - with extreme reluctance and only if you are forced to do so.

[supasnooper]

You would do well to read the link below and put RBoS solictors on the back foot - http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

[sashadog1]

Thanks Palomino and Supasnooper, received agreement this morning, all appears in order-not sure what to do now,getting ready for work now, I will have a look at your link this afternoon.

 

Thanks again or your help.

[Craftygirl42]

Hi sasha, can you post the agreement to this thread, someone will check it for you make sure its ok

[sashadog1]

Hi all, thanks again for reading, please find attached claim form and agreement, I willingly admit I am out of my depth and would appriciate any advice as to what my next step is. Thank You

 

 

I am not sure what I have done with the attachments-they have come out only as thumnails, I will try and sort it.

Edited February 10, 2010 by sashadog1

[sashadog1]

[supasnooper]

have a look at post 15 on how to post up scans - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[sashadog1]

Thanks, I hope this works! http://s998.photobucket.com/albums/af104/sashadog1/

Edited February 10, 2010 by sashadog1

[sashadog1]

Hi guys, sorry to bump my own thread, any ideas what I should be doing next? Shall I wait for the court to contact me or should I start talking to the solicitor? I feel very uneasy doing nothing.

 

Thank you

[sashadog1]

Hi folks, I have heard nothing from the solicitor or court, should I contact them?I really dont want to make the situation worse by doing nothing.

 

Thank You

[Guest]

Is the default notice compliant?

[sashadog1]

Hi Ford, I am not 100% sure to be honest,I owe a loan and overdraft. for the loan I received a defaullt notice, for the overdraft received a notice(no mention of default) served under sections 76(1) and 98(1) of the consumer credit act, my head is a shed!!!

[Guest]

Hi Ford, I am not 100% sure to be honest,I owe a loan and overdraft. for the loan I received a defaullt notice, for the overdraft received a notice(no mention of default) served under sections 76(1) and 98(1) of the consumer credit act, my head is a shed!!!

 

have a look here re dn's http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

[Series3]

post up your default notice (minus your details) and leave the dates on.

when was the loan taken out?

did you receive any T&C's?

when did you send your defence?

[sashadog1]

Thanks Ford I will have a good look at the thread you have put up. Series 3 thanks for your post, at work now will put up info at weekend, I sent my defence just before christmas, will put details up asap.

 

Thanks again

[sashadog1]

Hi Guys, The loan was take out 08/12/08, I prob did receive t & c and the time, dont have original documents I have been sent copys.I submitted my defence on the 6th of Jan 2010. I have uploaded a copy of the default notice. Thanks

001.jpg picture by sashadog1 - Photobucket

[debbbbsy]

Have they lumped the Loan & overdraft together ?

Having looked at the POC, they only refer to the Loan account, & 8% interest. The POC are vague, they should refer to both accounts seperately, each with the account number & any interest rate accruing until judgement.

Debs

[sashadog1]

Hi Debs, yes they have lumped them together, I am worried sick, just not sure what to do, should I contact the court? It was 6th of Jan when I submitted my defence, I dont want to make matters worse by doing nothing.

 

Thank You

[Guest]

sasha

 

with regard to the default notice that you posted up;

imo,

1 - it does not appear to give you 14 clear days even if it was posted first class, 4 sep was a friday.

2 - it does not specify which specific provision you have breached (see schedule 2, para 3 of the 1983 regs) (am not sure whether or not it is required to specify the actual condition number)

3 - it seems that it does not comply with para 5 b of the regs.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

 

have a look at the link, and hopefully someone else can double check as well.

Edited March 5, 2010 by Ford

[Guest]

sasha

 

do you have further details of the 'stay', is there a time limit on the 'stay' that you were notified of?

[sashadog1]

Hi Ford, Thanks for your replys, sorry but I am not quite sure what a "stay" is.

[Guest]

hi,

 

in your first post you stated '...Today I have received a letter from the solicitors stating they have been instructed by RBS to allow this matter to stay at the county court Bulk Centre whilst settlement negotiations proceed...'

 

i am guessing then that the proceedings may have been 'stayed' under cpr 26.4?

CPR - Rules and Directions - Ministry of Justice

is this correct? did you receive anything from the court?