RBS solicitor is going for a summary judgement on Wednesday for around £9,000

[Round table]

Hi all,

 

I'm brand new to this forum & wondered if RBS Advanta still exist?

 

I have a credit card contract signed with RBS Advanta - and this seems to be MINT now?

 

Is the RBS Advanta credit card contract a valid contract still?

 

I'm being taken to court by the Royal Bank of Scotland over a credit card loan, which I signed for with RBS Advanta for £3,500 back in 2003,

but they kept on increasing this, without my permission or requests, to over £9,000, and now I'm unemployed I cannot afford to repay this,

and they are taking me to court when I have no money?

 

Can they do this when only £3,500 signed for?

 

Also, signed with RBS Advanta (not MINT)?

 

Any help here would be greatly received, feeling desperate, thank you.

 

Round table.

[ims21]

Have you actually received a court claim?

[BRIGADIER2JCS]

hi welcome to CAG, the guys will be along to help asap.

[Round table]

Hi,

 

Yes, it is scheduled for this Wed 12 Dec, but their solicitor has asked for weeks postponement while we discuss some more as I'm defending this...not confirmed if delay has been granted yet by the judge.

 

Many thanks, Round table.

 

...sorry for the delay in replying as just eaten some dinner..!

[ims21]

Ok thanks

 

I have moved your thread to the Legal forum in view of the imminent hearing.

 

The more legally minded will be along to help you as soon as they can.

 

So that they have a bit more information can you type up the Particulars of Claim verbatim but round the figures so that you cannot be identified from them.

 

Can you also outline the defence you submitted please.

[Round table]

Hi,

 

RBS solicitor is going for a summary judgement on Wednesday for around £9,000 plus I expect expenses.

 

My defence is I only agreed to £3,500 to £9,000 plus. Also, that I'm unemployed with no money. I disclosed my full income and expenditure and assets to their solicitor, without prejudice, while discussing a potential settlement offer from friends and family which is nearing potential agreement but would cost me very dear & leave my other significant debts fully exposed still....

 

Thanks for your needed help.

 

Round table.

[dx100uk]

tell us the story please

 

how old is the debt

 

last useage in/out

 

what does your CRA file say about it?

 

dx

[Round table]

Contract signed with RBS Advanta in 2003.

Card not used in the last 3 years.

Called MINT now.

Is contract with RBS Advanta valid still?

 

Thank you.

[ims21]

Two threads merged...please keep to one thread for this issue.

 

I beleieve the RBS Adavanta card is now Mint, yes.

 

You say a credit card loan...do you mean a credit card account in which case these increases would seem to be credit limit increases?

[BRIGADIER2JCS]

Contact RBS head office the will be able confirm who you should be deailing with, my guess is the account is live and that account was just renamed and is valid.

[ims21]

Now back in Legal Issues and thread tidied

[Round table]

Are they able to increase my credit card limit 3 x more than what I asked?

 

Without asking me?

 

My salary and other loans could not support these huge increases?

 

Should these increases be classed as under their own risk, as I did not ask for them?

 

Thanks.

[dx100uk]

no they shold be writing to you.

 

have you all the statements.

 

dx

[BRIGADIER2JCS]

Questions:

1. Did you deciline the offered increases (I know you could very simply as I had such an account)

2. Did you use the increased facility?

[ims21]

You didn't have to use the available credit though.

 

Are there any late payment charges and or mis-sold PPi on the account which you can claim back?

 

Did you mention anything else in your defence to the action other than that which you have mentioned above?

[Round table]

What is the best action or pointers for defence here?

 

Recommendations?

 

Thanks.

[BRIGADIER2JCS]

Can you answer the questions in post 14 please, they would I think be asked in court if not by the claimant certainly by a judge.

[Round table]

Not declined their increases (not sure if they stated they were increasing, if so, maybe in the small print, not sure?)

 

Used their credit over time, until I was unable to pay back due to worsening changes in my financial circumstances.

 

What is the best action or pointers for defence here?

 

Recommendations?

 

Thanks.

[Round table]

What is the best action or pointers for defence here?

 

Recommendations?

 

Thanks.

[ims21]

I think we are awaiting your answers to #13 and #15

[Round table]

13. Yes.

15. No.

15. Nothing else.

 

What is the best action or pointers for defence here?

 

Recommendations?

 

Thanks.

[ims21]

So there are no charge for being late with payment/going over the credit limit etc?

[dx100uk]

can you scan up the front page of the claim form please

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[Round table]

Have given a great deal of information already...therefore on the basis of what has been given so far...please...

 

What is the best action or even just pointers for defence here?

 

Recommendations?

 

Thanks.

[citizenB]

No actually you havent given us anything at all to help you.

 

You have a court hearing on 12 December for a Summary Judgment hearing.

 

Have you actually put in any defence at all.

 

What exactly did you say?

 

You say you entered into an agreement for £3,500 in 2003. Over a period of time your credit was increased - presumably because you were in good standing with the card.

 

Were you making minimum payments only at this time (this would give you a mitigating argument in that even though the creditor knew you were struggling - they continued to increase your credit).

 

Didyou let your creditor know you were struggling - did they default you correctly - is this the original creditor taking you to court or has the account been assigned ?

 

If there are any triable issues, then Summary Judgment should not be allowed.

 

If there are default/late payment charges on the account, then these can be reclaimed by you. This would make the sum they are claiming is outstanding is incorrect.