RBS say I owe them money, my account/s are in balance.

[slick132]

If you intend to use the Durkin case, you obviously have to wait for the judgement on that to be handed down, and dissected.

 

[shakuri]

Hi been absent for a while but have some recent developments on this one.

 

I sent off a LBA in the middle of March(no response) and I had intended to file the claim soon, however I have since received a couple of interesting letters.

 

They both arrived on the same day, the first one explaining that my overdraft agreement was being terminated as I hadn't responded to a notice they sent under CCA. The second one was similar and for my loan and explaining that I hadn't responded to a default notice under section 87 of the CCA and so they were asking for the full amount by 25th April. Both of these letters received on the 23rd April.

 

The funny thing is that I didn't receive any such notices and it looks like they are terminating the loan and overdraft without actually sending me them.

 

Should I continue with court action or wait for confirmation of termination and SAR them to ask for any DN?

 

Thanks in advance

[shakuri]

An update on the situation for those still interested.

 

Having received the letters mentioned in my previous post I have since received one letter from RBS stating that my overdraft account would be passed over to Wescot, who would be in touch. Soon after they placed a default on my CRA file for this account.

 

Nothing else received regarding loan.

 

Been receiving automated message phone calls everyday for well over a week now from Wescot and today received a letter stating that I owed nearly £5000 which I take must include overdraft and loan. This is interesting considering RBS have done nothing regarding my loan account and it is still on 6 late payments on my credit report.

 

What are they playing at? Ignore or write back?

[slick132]

Hi Shakuri,

 

Sorry to repeat this but can you confirm re. the FOS decision above - did you get the decision in post #48 above from an Adjudicator, or was this from an Ombudsman following the appeal of an earlier adjudication.

 

With your payments now in arrears, your case against the bank grows weaker.

 

[shakuri]

The decision was from the ombudsman following appeal. I've since received £500 compensation from the Independent Assessor however.

 

There is very good reason why it's in arrears all down to RBS's mistakes which they haven't admitted to yet, although have commented on internally through information gained from FOS SAR.

 

As explained previously however the accounts have not been terminated properly either.

[slick132]

Hi Shakuri,

 

I know what you're saying about the arrears being down to RBS mistakes. However, you still acknowledge you owe money to the bank and you could, or you should have been doing something to maintain payments whilst the matter was being investigated.

 

Alternatively, if you withheld payments during the investigations, can you now catch up with the missed payments and enter an agreement to repay the balance owed.

 

Taking the bank to court means you have to prove your case to the judges satisfaction and this may be a harder task than defending against a claim they make against you. If they take court action, you can argue about defective DN, etc. You can also counterclaim using BCOBs etc.