RBS credit card claim won now new claim after sale by OC

[hammyhound]

Received this today, notice of intention and the default notice. Intention says I have 28 days, default notice says I have 14 days.

 

Sorry I am just confused.

 

http://i375.photobucket.com/albums/oo198/hammond39/NoticeofDefaultNotice-RBS.jpg

 

http://i375.photobucket.com/albums/oo198/hammond39/DefaultNoticePage1.jpg

 

http://i375.photobucket.com/albums/oo198/hammond39/DefaultNotice-Page2.jpg

[hammyhound]

The bank have now told me that my account will be frozen so I am just checking the date when they will be able to freeze it, sorting out another bank account in the meantime.

 

This relates to a loan taken out last year with RBS so they say they are entitled to freeze all accounts held by me.

 

HH

[hammyhound]

Please can anyone reply, getting a lot of pressure from RBS about this.

 

HH

[AndyOrch]

Hi hammyhound

Ok 28days gives intention to default /terminate unless you come to a payment/agreement plan.

The default notice gives you 14 days to rectify the breach but what date is on the default notice?Ipresume 19th Jan and if so the perscribed period is correct and form and layout valid.

I trust you didnt recieve them together ? was there a gap inbetween intention and default notice?

 

Regards

 

Andy;)

[hammyhound]

Thank for replying Andy

 

It says on the notice of intention .... in response to the attached default notice.

 

Both came in the same envelope, both dated the same day!

 

HH

Edited March 11, 2009 by hammyhound
Added text

[AndyOrch]

Ok well in theory the way it is supposed to work is they send the first seperate, and allow 28 days for you to make an agreement with them.they are allowed to rrelease the DN at any time after that because in effect you have breached the agreement hence the arrears hence the need for said agreement.Have you wrote to RBS to explain your reason for the arrears and offering a payment proposal?

 

Regards

 

Andy

[hammyhound]

Went down that route a couple of months ago. Would not enter into a payment proposal until arrears cleared. They were not very helpful.

 

What is the point of sending a notice of default and a default notice attached. Why not just send the default notice.

 

HH

[AndyOrch]

Its procedure a creditor can vary it correspondence and default amount normally 3 months will trigger the DN.I would advocate that this matter is winging to litigation and expect a sols letter anytime.What is the debt CC/pers loan or ?

 

Andy

[hammyhound]

Yep personal loan taken out early last year. I didnt understand at the time though that interest was not included within the loan and that it would be added on so theoretically I was only paying a small amount of payment back on the loan. The interest was applied 3/4 times a year. It was called a capital and interest loan or something to that effect.

 

Got a letter from DCA yesterday so will hold my hands up and hopefully make a payment proposal. That's all I can do. If it goes to court hopefully the judge will look on me favourably.

 

HH

[AndyOrch]

Hi HH

 

I trust you have requested a copy of your CCA to make sure everything is in order incase it does goes down the litigation route and also before you make any payments or acknowledge the debt to a third party.Who is the DCA?

 

Regards

 

andy

[hammyhound]

Andy the personal loan was only taken out last year. RBS admitted that they forgot to take the Direct Debit out for 3 months, okay I hold my hands up and didn't check my bank account but after 5 months I rang them and said the direct debits have not been collected. Their reply was "well pay the arrears and we shall start the direct debit". I told them I did not have that amount of money and could we just starting making the monthly payments, they said no.

 

I know they will have an agreement as it was taken out last year. I could kick myself as this loan was taken out to pay off my overdraft and a previous loan from 2005 which I now know would not have been enforceable.

 

The DCA is Wescot:(

 

Thanks for replying

 

HH

[hammyhound]

They have returned my £1 postal order saying I have to contact OC.

 

I am sure it is up to them to obtain the CCA and not for me to have to reapply. Is there a template letter to use to say "you're in charge now you get the damn CCA - lazy buggers!"

 

HH

[PriorityOne]

It is up to them to supply you with the CCA.... and their letter suggests that they can't. Don't chase them up... just remind them of their legal obligations if they contact you again and they should b*gger off eventually. Keep hold of all correspondence though, including details of when your request was made.

[hammyhound]

Thanks for that.

 

Another for the "useless DCA" pile.

 

HH

[IdaInFife]

dear twats

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

ida x

[hammyhound]

Thanks Ida.

 

Will send that letter when they come back to haunt me.

 

HH

[IdaInFife]

no probs

 

ida x

[hammyhound]

Oh well this has now gone legal despite every attempt to make a payment proposal they weren't interested and said a couple of weeks ago "we will take legal proceedings against you".

 

Claim form received today - great

 

I cant find my agreement anywhere is it really worth defending this or should I just give up and say I admit the claim and send in an expenditure form and hope for the best.

 

Is it really worth treading down the defence route.

 

In answer to Andy's question the default notice has no date attached the 19th January 2009 date is on the formal demand which gives me 28 days but which then says "on the default notice attached".

 

HH

[AndyOrch]

Can you provide details of the Claimants P.O.C Hammy verbatum or post up and a rough ball park figure of how much is in volved.

 

Regards

 

Andy

[hammyhound]

Andy,

 

POC are

 

The claimant's claim is in respect of monies due pusuant to an account maintained with the claimant.

 

and the claimant claims:-

 

ball park figure of £26,000

 

HH

[hammyhound]

Very polite bump

[42man]

Is that all they put in the Particulars Of The Claim ?

[42man]

There is no cause of action on this....incredibly vague claim if that is all they have written....

[42man]

Have a look at these

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/156156-help-mum-being-taken.html#post1665638

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/160703-urgent-help-needed-robinson.html#post1721582

[hammyhound]

Here is the POC - no I wasn't kidding this is it.

 

http://i375.photobucket.com/albums/oo198/hammond39/RBS-POC.jpg

 

Thanks for that, I will use the defence that has been used in those posts and send off the CPR letter.

 

Obviously, if the agreement comes back enforceable what would be my next course of action.

 

Thanks

 

HH