Joe and the RBS

[joesoap]

I am making financial arrangements with the RBS and they want to discuss my Incomings and Outgoings over the 'phone.

 

I have previously done this but I feel a bit uncomfortable not having a record of my conversation;

I do not have the means to record my end.

 

I know I am within my rights to resort to postal communication only but is there a specific rule/law that I can refer to?

[silverfox1961]

No law that I know of but there is the lending code

http://www.lendingstandardsboard.org.uk/docs/lendingcode.pdf

 

Section 9 para 188

[joesoap]

Thanks for the quick reply Silverfox.

[joesoap]

The RBS are after some arrears that I built up when income was slashed and I'm trying to come to an arrangement with them. Just a couple of quick questions to assist me.

 

The RBS want to negotiate over the 'phone but I say I want everything done by letter, can they insist on 'phone negotiation?

 

Secondly, as is usual, they want details of all my incomings and outgoings. I'm sure I read somewhere on the site that I did not have to give the RBS these details and it would only be compulsory to give them if instructed by a court to do so, am I right in my thinking?

 

Joe

[dx100uk]

you are correct

 

WRITING ONLY

and they have no legal right to see any of your pers fin dets

 

tell us about the debt.

 

dx

[joesoap]

Thanks dx.

 

Been a long term customer of RBS and of course, when everything is going swimmingly, they want to be your best friend.

 

When things go wrong, it's "we don't like you and we want our money".

Income was fine until the wife suffered an accident at work culminating a visit to the Employment Tribunal which we won.

Did set up a thread on here regarding this.

 

In short,

had a couple of accounts with overdrafts and as income was reduced from £1359 per month to £630

we ended up exceeding the OD limits and charges were incurred.

 

I've managed to get most of them withdrawn but there's still bits and bobs.

In addition, we have a loan which again, we could not repay in full each month.

 

We are trying to come to an agreement but we've been messed around a bit. J

 

ust want to get rid of the debt but wanted to know where I stood for definite on communications and disclosure.

 

Income has picked up a bit now and if we didn't have credit card bills to pay (not in arrears, they were used to keep us going after our savings ran out), we could probably pay the full monthly loan payment.

 

I've got no qualms about repaying just want to do it under my rules; if that's the right term.

 

Joe

[joesoap]

Moorcroft have recently taken over my outstanding debt from another DCA.

 

However, while the original notifications were sent to my house, just recently, they have been sent to a neighbours house (with his/her number of the street) and have been opened, presumably read

 

. I am of course, going to throw the book at Moorcroft but I was wondering if anyone has been down this road before (with any organisation) and has a copy letter/link I could use.

 

Many thanks.

 

Joe

[BankFodder]

This happens lots of times and you should complain. But don't imagine for a moment that anybody cares. You should complain to the Information Commissioner to get it on the record, but they will do nothing. Believe me that no one is bothered.

If you can show that you have suffered some loss or distress then you should attack Moorcroft and try to get compensation - but it won't be very much.

[joesoap]

I do realise that no - one gives a monkeys' stuff but I will report them and I will have a blast at Moorcroft; thanks for the reply.

[joesoap]

I have a couple of credit cards with the RBS that I have fallen behind with.

 

They have now been passed to the DCA.

 

One has been passed to Moorcroft and an agreement has been set up for £5 per month; no questions asked.

 

The other account has been passed to Triton and they are being heavy handed regarding a personal financial statement.

 

The relevant paragraph is shown below.

A personal financial statement is exactly that, any suggestions for my next move please?

 

http://www.consumeractiongroup.co.uk/forum/asset.php?fid=38224&uid=84811&d=1374821933

[BRIGADIER2JCS]

You are in charge of your finances an must decided what you can reasonably afford to pay without causing hardship, who else you owe money to is none of the banks business.

Triton being in house recoveries for the bank always pressurise for chapter and verse of personal finances.

 

Are Moorcroft acting on behalf of the bank or have they now bought the account?

[joesoap]

Thanks for that Brig, already made my offer but they came back with the "demands". Moorcroft are acting as a Collection Agent for the other account.

[BRIGADIER2JCS]

I think I would refer them to the 'most reasonable ' conduct of their appointed agent in regard to the other account held with the bank, and tell them you expect the same consideration from the bank in regard to this account.

[sequenci]

Hello there,

 

How many creditors do you have in total? How much is owing altogether?

 

It's perfectly reasonable for a financial statement to be requested - it's standard practice in the credit industry.

 

What is the original debt for, when was it taken out?

[dx100uk]

have you sent these muppets a cca request

 

I wouldn't be paying a DCA if the debt is still owned by the original creditor.

 

do these debts show on your CRA file too

see below

 

dx

[sequenci]

Triton ARE RBS matey

[joesoap]

I have the CCA and I am aware that Triton is RBS.

I don't understand why they've kept one account and passed one on though.

[joesoap]

I'm guessing that this question has been asked many times but I'm unable to find an answer: can overdrafts be statute barred?

[dx100uk]

of course

 

any debt can as long as its

not a gov't debt.

or has been litigated against at some point (some certain cases)
 

 

dx

 

[joesoap]

Thank you for that, I wasn't really sure. 

[joesoap]

I have an outstanding loan that Moorcroft is trying to collect but according to my records it is statute barred and I am in the process of telling them that

 

. I also have a statute barred overdraft that Moorcroft is trying to collect.

 

I have received a letter from Moorcroft today advising me that my outstanding loan has increased by X amount

 

. It transpires that the RBS, or Moorcroft have added the outstanding overdraft amount to the outstanding loan amount.

 

Ignoring the fact that these are statute

barred, is the the creditor/collector allowed to do that, surely they must be treated as two separate accounts as they were originally notified as separate account numbers!

[dx100uk]

3 threads merged for full history.

 

Who are moorcrofts stated client

 

If its rbs then they still own the debt and its not been sold on.

 

As i expect is stated already here, moorcroft dont buy debts so can be ignored.

 

Untul/unless the debts are sold on quite honestly id just ignore them.

 

Dx

[joesoap]

Champion, thanks

[joesoap]

True to form I guess, RBS Retail have now engaged Wescot as Moorcroft was dropped.

 

As far as I can make out, they have not purchased the debt, stating that they're a "specialist debt collection agency", their words, not mine.

 

They're obviously looking for a repayment plan but as the debt is statute barred, it isn't happening anytime soon.

 

I'm just wondering whether or not to send the Statute Barred letter to get rid of them or just let it ride for now.

 

Any advice gratefully accepted.

[AndyOrch]

Bad to worse...ignore only engage with RBS