SOS Charging order in place but RBS have closed accounts

[debbbbsy]

Hi

 

In 1999 the RBS got a CCJ for £59k. I never denied having a debt but I challenged the amount of debt being levied against me. They withheld statements and their solicitor refused to discuss any form of settlement prior to the CCJ. Unaware of my rights and their bullying tactics they got judgment.

 

In 2008 they applied for and got a CO for £38k.( It is a joint & several debt so hubby got one to).

 

I found CAG in 2008 and SAR'd them. For the first time since 1995 I had statements which revealed huge discrepencies in the way our accounts had been managed both pre and post judgment. We challenged the bank, the FOS took it on because of the seriousness of our complaint....after 1 year....we cannot make a decision because these accounts have been litigated on...they knew that from the outset:-x.You need to take this back to court. The FOS is a waste of time.

 

Had to put everything on hold in 2009 because hubby was diagnosed with cancer. Got through it ....all ok.

 

Anyway, in Ferbruary I phoned CMDS who are supposed to managing these accounts. They couldn't find either myself or hubby on their system.

 

Sent SAR's on 21 Feb. All I got was a data sheet with my name, address and DOB. Spoke with them directly. We do not exist, they hold no data on either of us.To date, despite sending a 7 day LBA they have been unable to comply with our request for data.

 

Phoned CMS again. The accounts have been closed. They have no record of us, the CCJ or the charging order. We have been deleted from the RBS system.

 

Has anyone come across this before ?

 

The Charging order exists to secure the debt, but according to CMS the debt nolonger exists.

 

The accounts referred to in the POC have been closed.

 

Any suggestions would be really appreciated.

 

Debbie xx

[AndyOrch]

Hi Debs

 

Are you still maintaining payment of the judgment and to who? PM me if you prefer to keep it off the thread.

 

Regards

 

Andy

[debbbbsy]

Hi Andy

 

We stopped making payments in 2007, as soon as we did they went for the CO in March 2008.

 

Late 2008 got letter from Solicitor demanding we make payments or their client the RBS or would go for a Sale Order. Sent quite abrupt response pointing out serious irregularities that had been exposed in data held by them and their client.

 

They have not requested any money since then and we have not paid any.

 

Andy I will PM you tomorrow.

 

debbie

[AndyOrch]

No problem.

 

Regards

 

Andy

[serenstar14]

Hi

Sorry to jump on this thread debbbbsy.

 

I am in the same situtation as you where.

CCJ Obtained.

Did not receive the court paperwork

 

now they have gone for an interim charging order which is going to court on the 14th Jan.

 

I have requested copy of the court papers which should be with me soon.

 

I have called the bank but my account has been closed and I cant pass the security questions as the account is 13 year old

and they have no information on file so how on earth did the DC get a CCJ??

 

Was it though bulk at NCC??

 

Now been transfered to my local court birmingha,.

 

Any ideas on what I can do.

 

Account was last paid in 2007.

 

No letter from LLoyds to say it had been purchased by Hillsden.

 

Any ideas and help would be great.

 

Debt for £4000 including the charges.

 

Thank you so much

[AndyOrch]

This thread is from May 2012 with no further updates...I would recommend you start your own thread to attain responses.

 

Regards

 

Andy

[Pavi]

Has any cagger noticed that Hillsden are operating from Welcome Finance address.

 

I have an application to strike out their claim and counterclaim on HP car CCA sec 90/91.(ex Welcome). Solicitors Aspins.

 

I will post the pleadings after the hearing early next year.

 

I also have a load of stuff from my battle with RBS which ended in a draw/ win since I didn't pay them anything.

 

Needless to say they submitted bogus copies of the agreement.

 

Solicitors Irwin Mitchell ( see Private Eye so you know what your up against i terms of honesty)

they discontinued in the end which I stupidly agreed to.

 

In both these cases I have gone for an application to strike out.

 

I also have an impending action with Lowell/ Bryan Carter but not a very good defence.

 

However I think I found an argument against their bankruptcy debt collection tactics.

 

I will post this for the perusal of the site legal team.

 

Sorry if I have posted this in the wrong place.

Regards Pavi

[debbbbsy]

HI

 

Sorry for not responding sooner.

 

If you didn't recieve the court docs you should have made an application to set a side the original CCJ. Have you done this?

 

When was the CCJ gained?

 

debbie

[Pavi]

Debs,

Sorry my post was just a comment.

 

I have an application hearing pending re Welcome to strike out their claim and recover my losses under CCA 90 / 91

and also to have an unfair relationship CCA sec140 decided.

 

I will post the pleadings after the hearing as this may be of use to our mutual caggers.

 

My other post was regarding misleading and omitted terms in personal loan and credit card agreements et alia.

That is to say that if they have not indicated that your home may may be lost if you do not keep up payments on your loan/card/phone agreement.

 

In any case where this is shown to have happened the OFT has a statutory duty to prosecute the offending party.

 

You will notice that all secured loan adds contain the caption

" your home is at risk if you do not keep up the payments" which is obvious!

 

It therefore follows that a loan taken out in good faith as unsecured,

should not be later become secured by the default method of bankruptcy/charging.,

except where this remedy is a term of contract.

 

Of course no sane person would sign up to a phone/card/loan agreement if it meant loosing their home if they fell on hard times.

 

It is of course also a post contract penalty which is as we know is also unlawful.

 

I think think there are many thousands of debtors who should be worried about this given the predatory nature of firms like Lowells

who amalgamate debts to bankrupt people in financial distress with unsecured loans.

 

In fact I feel a petition would be a start.

 

Look what happened with bank charges PPI.

 

Regards and a happy new year Pavi