Claim form recieved from RBS - help please!

[emboli]

Hi

 

My wife has recived a claim form today from RBS for two outstanding accounts. The first is for a loan that we were pressurised in to taking out to refinance an existing loan. The other for an overdraft, both are years old (2003?). Strangely both are in our joint names and not just my wifes, but the court action is only for her.

 

So we did a CCA a long time back and the paperwork for the loan may have an issue re cancellation rights - there were none, no reference to cancel what so ever. I'm trying to see if it is enforcible.

 

The PoC are as follows

 

The claimants claim relates to the outstanding bank aacounts maintaned by the defendant with the claimant as follows:

acc number 1 - net amount

acc number 2 - net amount

 

The claimant is the holder of a licence unther the consumer credit act 1974. The claimant has made demand/issues default notice in respect of the outstanding accounts. The defendant has failed to repay and/or the default notice has not been complied with. The total amount outstanding set out above includes accrued interest at the relevant agreement rate (contractual) from the date of demand/termination date ot the date of issue. And the claimant claims

1. xxxx 2. Costs 3.interests pursuant to section 69 of the county courts act 1984 until judgment

 

 

We are at a loss why we recieved this as we have a repayment plan with RBS for around 60% of the original balance. We were in discussion with the banks agent (Incasso) trying to clarify why they were demanding payment from us when we were making agreed payments, and we are waiting on RBS to confirm Incasso are acting on their behalf.

 

I need to first tell my wife that the letter from the court has arrived, secondly we need to acknowledge back to the courts, after that i don't have a clue.

 

So what would our next steps be? Can i defend this? If it goes to court will my wife have to appear (emotionally she will never cope)? It it valid as it's only for my wife and not us both? I'm confuesd - must be the heat.

 

Cheers

[42man]

Please do have a read of this - http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

[emboli]

Oh this just gets better - my wife has just come in from work and had a good rant at the RBS over the phone, all emotional etc (not good at this type of thing). Anyway, they have now admitted they have filed in error and it should never have been sent to the county court as they are happy with our repayment terms. They will instruct their legal sharks to withdraw / cancel it.

 

So, i assume it's best that i/wife file a defence just in case it's not cancelled. If it is, does this prejudice their position regarding future court action? There must be some ramification.