RBS default

[lochnettie80]

i recieved a intention to file default from NatWest bank on 6th of january 2010 with 28 days to pay or make arrangments to pay.

 

had a phone call from their collections dept on 26th of januray who said after taking into account incomings and outgoings it would be best to have a consolidation load to pay outstandiing debt which was wholly made up of charges.

 

They told me they would ring back for first payment on the tuesday after call and didnt. left no name or number to contact them

 

on monday i recieved a letter from triton credit services who said debt had now been passed, i phone the birmingahm colletors and ask why it had been passed to triton as i had already made arrangments to pay and it wasn't my fault that they didnt phone back for the payment, she said that she could see on my account what had happened and the said she would put through the loan thenshe processed it and it was refused as the debt had been passed to triton so i ahd spent ah houir of my time and money only to be passed through to triton direct who then asked me to pay in full i told them i couldn't went through the whole thing again with triton,them an then said he would have the debt passed back to birmingham collection dept and deal with them.

 

while i was on the phone to triton i aske if theres was a default on my account and he told me yes it was placed on 5th of january. it was palced b4 i had even recieved the notice of intention

 

i am now reciveing phone calls 3 times a day of triton demanding payment in full

 

i have tried to deal with this but it is starting to make me mad

 

thanks in advance for any help you can give

[Revenant]

General rule of thumb . . DO NOT enter into any communication over the phone do it all in writing that way they cannot lie . . erm sorry falsify the truth or bully you into paying . . next time they call just tell them "Everything in writing" and put the phone down, there's a telephone harassment letter you can also send

I'm not sure but I think that by placing the default before you got the notice they've made a mistake but someone with more knowledge will be along with more info

Good luck

R

[BankFodder]

completely correct -- that you should never get involved in telephone conversations with these people unless you record the calls.this is such an important rule and yet the majority of people don't do it -- even though later on the majority of people bitterly regret it.

 

You are caught in a spiral and I'm afraid that the only way to deal with it is to go in heavy-handed. This means that you will have to threaten -- and then to take court action.

 

They have a duty to communicate with you -- and they haven't

 

They have a duty to treat you fairly -- and they haven't

 

They have a duty to provide you with a default notice before they default you -- and they haven't

 

They have offered you a loan -- and then they have gone ahead with it: this is unfair

 

You can keep on writing to them and toTriton until you are blue in the face that nothing will happen and meanwhile Triton will keep on phoning you and phoning you.

The bank may eventually receive your complaint, tell you that they will take eight weeks to investigate it, and then offer you the ombudsman as a complaint solving process. This whole process would take up to a year and you could not be sure that everything would be solved -- and in the meantime Triton will keep on phoning you and phoning.

 

The easiest thing to do here would be to send Triton a letter telling them that the account is in dispute and that they should refer back to the bank and if you receive any more communications from them that you will refer them to trading standards and to the OFT.

 

Then you should also write to the bank, explain to them what has happened and tell them you want it sorted out immediately or else you will take a court action. Give them only 10 days to respond with 100% satisfactory letter.

 

If they don't sort it out (and they won't), then you issue a claim in the County Court.

 

Unfortunately, because you are not claiming any money from them, this would be a part of a claim and it would cost you about £150. This is quite a chunk of cash. On the other hand your chances of winning are better than 95% and you will get your money back and you will get the situation sorted out completely. I can also imagine that you will be able to claim some compensation for the distress which has been caused.

 

So it is up to you.

Do you want to sort it?

Do you want to sort it quickly or slowly?

Do you want to sort it out for certain -- or just probably?

 

don't think that threatening court action will suddenly make them get their act together. If you think that you will try and bluff them -- then don't bother. Only make the threats if you intend to go ahead with it.

It isn't difficult. It's just a bit of hassle.

[lochnettie80]

yes i want this sorting out as soon as possible the amount that i owe is £450 an it is all charges.dont know if this will help i waent in to the bank last may about £28 charge that had been added to my account and 12.95 fee for account which i thought was been taken at the end of the month but natwest had chaged tha dates that these charges are taken , as i had paperless billing i didnt know that they had changed. the money wasnt in the account. the day before these charges were taken i had used my card like i always do and made purchases they was 7 altogether. iwent in to the bank and said i didnt understand why i was overdrawn ,to which the lady told me why. so i put the money in the bank and asked if i would be charged as ayt the time there were 5 highlighted piad referal fees on the account. iwas told no as i had put the money in the account.

 

next day is saturday and i had said that my tax credit money was due to go in as it was a bank holiday would i be able to take it out. and she told me yes, saturday i take it out and then on the tuesday i got 5 paid referal fees of £35 each which equals £175 i phoned the bank to which they said it had been added as it was after 2pm that i put the money in.

 

they kept putting the £28 matianence fee and £12.95 account fee on untill october where they down graded my account to currant account and gave me an overdraft (which they had previously told me i could have when i wanted one)and said i had to pay £18 a week which i couldn't afford

 

this is why it has got to where it is.

 

i was told on monday by the birmingham collections dept that i should contact bank and ask to see manager and the lady that i spoke to in may. to try and get all charges refunded, i was told that bank manager wont speak to me and give a number to call to discuss it . i rang the number and guess what it was TRITON again

 

i do want this sorting out as soon as possible but i dont know where to start

[lochnettie80]

does anyone know where i start with all this please

[Pinky69]

I trust you no longer bank with them so they cannot take any more of your money. Go into your local branch or write and ask them for a copy of their complaints procedure. Make a formal complaint about what happened, listing all the points given by Maroondev about what they haven't done, making it clear that the account is now in dispute. Tell them to remove all the unlawful charges for the account or you will have no alternative but to take them to litigation to have them removed.

[lochnettie80]

can anyone help with writing a letter im really no goosd at these things

[Pinky69]

The Complaints Department

RBS

 

Dear Sir/Madam,

 

Complaint against RBS for refusing to communicate with complainant re charges on Acc No xxxx and breaches of the CPUTR 2008 and OFT guidelines

 

I hereby render a formal complaint to the RBS that the bank have refused to communicate with me re charges on the account referenced above. I was advised by the collections department to speak to the manager at (Branch) but when I tried to do so she refused to see me. I am entitled to speak to someone personally about the issues I have raised concerning these charges and the account will remain in dispute until such times as this has been arranged by the bank.

 

Triton have been attempting to collect payment on the alleged charges and I have informed them that the Account is in dispute. I will have no further communication with Tritron until someone at the bank talks to me personally about the issues I have tried to raise on this matter.

 

In accordance with the CPUTR 2008 the bank are required to treat me fairly and they have not done so. They attempted to settle this by a loan, which fell through, and they did not issue me with a notice of intention to default, in breach of the OFT guidelines.

 

Unless these matters are resolved in 10 days and the response is satisfactory I will have no alternative but to issue the RBS a Letter Before Action and litigate to have the issues raised resolved in court.

 

Yours faithfully

 

Nettie

[lochnettie80]

thanks for that pinky

 

the only prob i have is they did issue me with a notice of intention to default date the 31st december didn't receive it until the 4th of january and they defaulted me on the 5th january

this is letter i got

birmingham collections dept

 

date 31st december 2009

 

formal notice of intention to file default and take action to recover debt

 

please note that unless,within 28 days of the date of this letter, satisfactort payment or arrange ments for payment are made with us in response to the attacthed default notice, imformation about your indebtedness will be given to the following credit reference agencies

 

callcredit

equifax EURPOE LIMITED

experian LIMITED

 

We and other companies may use the record of default and any other information provided to the ahencies when considering appications by you or anyone else whom you have a joint account orsimilar financial association, for facilities including motor, household, credit, life and general insurance.

 

the existance of information on accounts in default at the credit referance agencies may impair your ability to obtain credit or other financial facilities such as current accounts for a period of six years

 

In addition,responsibilty for recovery of your borrowing will transfer to our debt recovery area and only credits to your account will be accepted. all your standing ordewrs and direct debits will be cancelled

 

any cheque books not already returned to us must be returned immediately. please be aware of the following

 

the cheque guarantee card has been cancelled

you no longer have authority to use the card

the card is the banks property and must be returned

continued use of the card when there is insufficient funds to meet the transactions is a criminal offence and may result in prosecution.

 

our telephone lines are open 8am til9pm weekdays and 9am til 5pm weekends

[lochnettie80]

this is second one sent in the same envolope

 

notice served under setion 76(1) and 98(1) of the consumer credit act

 

important you should read this carefully

 

THE NATIONAL WESTMINSTER BANK PLC

 

 

overdraft on account number xxxxxxxxx

 

Your overdraft is repayable on demand being made by the bank and such demand will terminate the overdraft arrangment. The bank intends to demand the payment of the Total Amount Outstanding as set out below (if necessary by court action) and accordingly terminate the overdraft arrangement on or after the 17th january 2010 un less by that date you have made an alternitive arrangement for repayment which is acceptable to the bank

 

 

Principle* xxxxx

 

Iterest to date shown above xxxxx

Charges accrued but not applied yet xxxxx

total amount outstanding xxxxx

 

 

Princilpal does not include the 30.00 fee charged for this notice

 

interest will continue to be applied to the account and total amount outstanding will increase accordingly if payment is not made by the date above

 

if you have difficulty paying any sum owing under the agreement you can apply to the courtwhich may make an order allowing you or any surety more time

 

if you are not sure what to do , you should get help as soon as possible, for example you should contact a solicitor, your local trading standards or nearest CAB

 

this notice should in clude a copy of the current office of fair trading information sheet on default

this contians inportant information about your rights and where to go for support and advice. if it is not included please contact us to get one

 

For the national westminster bank date 31st december 2009

[Pinky69]

Then you amend the letter to say the notice of intention to default did not give you the 28 days specified in the notice before RBS defaulted the agreement.

[Pinky69]

I would prefer if postings were in open forum so everyone can read them and learn from other poster's experiences.

 

Your complaint isn't about Triton - they are only collecting for Natwest - so complaining to them is a waste of time. They cannot resolve the issue of charges, only Natwest can do that. It doesn't matter who Natwest told you to deal with - you are in charge of this, not them, and the bank doesn't pull your strings. Complain to Natwest at their Complaints Department and if they do not reply then the account stays in dispute and they can Foxtrot Oscar.

[lochnettie80]

I would prefer if postings were in open forum so everyone can read them and learn from other poster's experiences.

 

 

sorry pinky i do apologise though it might have been to long winded

should i post it on here, but change it to be directed at natwest not triton

[lochnettie80]

Dear sir/madam

 

I am writing to make a complaint with the way I have been treated over an account held with national Westminster bank.

 

I would like to raise points as to how this debt occured in the first place.

The bank took charges 9 days early and did not inform me in writing that they were changing the dates these charges were to be taken.

 

I went in to the bank to discuss the matter and I was told by the advisor that if I brought my account back up to date there and then that there would be no paid referral fees added to my account which I did, I asked the lady if I would be able to take my tax credits out the following day and I was told yes. The following day was a Saturday and my tax credits went into account which I withdrew because I was not overdrawn.

 

Then we come to the Tuesday I went to go get my child benefit out only to find I had 5 paid referral fees on my account. This amounted to £175.

 

I do not agree with these charges being added as I was told that they would not be.

 

I was sent an intention of default notice dated the 31st of December 2009 which I received on the 5th January 2010 which gave me 28 days to pay or make an agreement to pay. I as I understand the default was already placed on my file the day I received the letter dated 31st December 2009

The notice of intention to default did not give me the 28 days specified in the notice before RBS placed the default the agreement.

 

 

The next point is that I was dealing the Birmingham debt collections department who arranged a consolidation loan for me on the 23rd of January 2010 the lady I spoke to was to ring me on the 26th of January 2010 to take first payment of £45 appox, she did not do so.

 

I then received a letter from Triton dated 10th of February 2010I contacted the Birmingham collections dept again to ask why it had been passed to Triton the girl I spoke to the said she could see what had happened and said she would process the loan application for me as we did this I told her how the debt arose I was advised by the collections department to speak to the manager at (Branch) but when I tried to do so she refused to see me. The consolidation loan was the refused as the account had now been passed to Triton

 

Then passed back to Triton and was told by the man I spoke to then he would send his manager an e-mail about the situation and have it passed back to collections

 

After a week of constant phone calls, I have now been told that it is not being passed back to Birmingham collection dept and that I have to deal with Triton

 

I phoned the branch and was told that they wont deal with me any more and to contact Triton .

 

I am not happy about the way I have been treated regarding this matter as I have tried to deal with this in the right channels and got no where

 

 

I am entitled to speak to someone personally about the issues I have raised concerning these charges and the account will remain in dispute until such times as this has been arranged by the bank.

 

 

 

 

 

 

 

does this sound ok or does it need changing a bit

[Pinky69]

Suggested changes:

 

Dear Sir/Madam, (Capitals)

 

Account Ref xxxxxxxxx

 

National Westminster Bank (Capitals)

 

This alleged debt occurred when Natwest took...........

 

Remove "I as I understand" ..........

 

The default was placed before the 28 days on the notice expired.

 

Just window dressing but it makes your meaning clearer. If you can, try to make each point a separate sentence so they don't run into each other.

 

Apart from that it is fine. Send it to Natwest's Complaints Department by Recorded Delivery so they cannot deny they received it.

[lochnettie80]

looked on report now and the default has not been added to account, should i for the moment send the letter about charges only now

[lochnettie80]

still waiting to hear from bank triton still phoning are they allowed to put intrest on the account they have?

[Pinky69]

Send the letter about charges only. You need to get your complaint off as soon as possible. If you are not satisfied with their reply, you can put the account into dispute until they resolve your complaint. Once the account is in dispute, they cannot add charges. For now, Triton cannot add anything that is not in the agreement. If they do you can reclaim them on the grounds they were added whilst you were awaiting the resolution of a complaint.