Intrum Justitia and OH's rbos debt

[santamonica]

Hi,

 

I'm currently dealing with Intrum Justitia for my other half. They are dealing with a debt from RBOS and he's been paying £50 a month. He knows he owes money to them but is disputing the amount. He sent the CCA request which we thought they had ignored. They responded to this only after a letter was sent by him saying you've failed to respond so stop contacting me etc, etc.

They then phoned him at work to say the account was being put on hold and they were awaiting the documents from RBOS. Yesterday he recieved a letter from Wescot for the same debt, so it appears that Intrum Justitia has now offloaded the debt.

Should he now start again with a CCA request to Wescot or should he write and tell them that the debt is in dispute and should never have been transferred to them??

[falcon185]

I believe that once an account is in dispute and you have informed them, (CCA) then they have to wait until the dispute has been resolved? I may be wrong so dont quote me. They cannot pass on the debt once it is in dispute. Check out the threads on here there are quite a few informative ones.

Good luck Bazza

[buzby]

I think what would be more interesting is to discover what has actually happened to the debt, has RBS sold it on to IJ, and they to Westscot - or are they being used as collection agencies only, whilst RBS hold the principal debt? Once you know who's responsible for what, it makes it easier to know the best approach!

[santamonica]

How do I find out who owns the debt? IJ wouldn't tell us if they were acting as agents or if they actually owned it. They sent none of the documents asked for but we don't remember getting a letter from RBS telling us it was being sold on.

[buzby]

You've really got to start at the beiginnig - RBS should be able to tell you what they've done, and faced with that info give you a heads-up on how to complain further.

[santamonica]

I received a phonecall from Wescot so explained to them I had asked IJ for the CCA. They agreed that the debt shouldn't have been passed on while in dispute and told me they would get the agreement for me. I followed this up in writing but I haven't heard another peep out of them.

 

I've now received a letter from RBS about off-setting and saying that they are going to transfer the remaining balance from one of my accounts I hold with them.

I know that this happens but can they do it while this debt is in dispute??

[ecobabe]

I would write to them (RBS) with a CCA request + £1. also state in letter what your actions to date are ie cca to 2 dca's and that the debt is in dispute. they will write back and tell you why they can't comply with cca - who they've passed it onto.

[demon_x_slash]

I've now received a letter from RBS about off-setting and saying that they are going to transfer the remaining balance from one of my accounts I hold with them.

I know that this happens but can they do it while this debt is in dispute??

 

They shouldn't do this while the amount is in dispute, no, and it would look very bad for them in court if they did. However, have you actually informed RBS that you are disputing it, or did you take the DCA's word that they had informed RBS? It may be that RBS doesn't actually know that you are disputing it... get a recorded letter out quickly, outlining all correspondence/interaction with the DCA about the dispute with copies of any (dated) docs to prove it.

[payingonlyencouragesthem]

I had the same thing. RBS used IJ as a collection agency then passed it to another DCA when I disputed it. You'll find RBS almost certainly still own the debt. Banks don't seem to sell bad debts as willingly as ccard and finance co.'s - they just hang on to it forever rotating it around the usual suspect DCA's. Bit of a bore as it makes it harder to SAR the debt away if you actually owe it because the bank has quicker access to data:(.

[dollypops]

I got a letter from Capquest last week saying they had bought my debt from the RBoS. That debt is about 4 years old.

[santamonica]

I got a letter from Capquest last week saying they had bought my debt from the RBoS. That debt is about 4 years old.

 

Good luck with them they are a nightmare to deal with and seem to favour the 'bully boy' tactics. Make sure you put everything in writing.

[santamonica]

A letter has been sent today, recorded delivery, to RBS with copies of letters which were sent to IJ and Wescot. Also enclosed a £1 cheque for the CCA agreement.

[santamonica]

Well, got a reply from the Rbos today. They have sent a copy of all the statments but no credit agreement. They say they no longer have a copy of this. They say that they are only legally obliged to hold the agreement for 6 years and this account was opened 7 years ago.

[ecobabe]

check the general thread, "consumer credit act agreements" and also the other institutions thread "loan company cannot supply the agreement" lots to read but tells you everything you need to know

[santamonica]

After countless letters back and forth I received a letter from the bank today saying that the 'current balance has been discharged and is no longer obligatory' BUT the default entry is correct and will not be removed although they have updated it to read satisfied with the CRAs.

They say that their 'processing of data is fair, lawful and warranted.....notification of default information was carried out in accordance with long established procedures which were contained in the credit agreement I signed' (how do they know I signed it they don't have the agreement!!) they finish by saying that 'given the processing of your personal data was consented to by you you cannot retrospectively withdraw that consent after the processing has been carried out'.

 

So what do I do next?

[buzby]

Lie down in a darkened room? All credit agreements since 1994 (or thereabouts) have had the disclosure clause and with that implicit agreement, they're on solid ground.

[santamonica]

Guess i'll just have to wait until next April for the default to fall off. But at least that's 700 quid I don't need to worry about finding anymore

[santamonica]

After sending everything to the FSO I've recived a letter from RBS saying as a gesture of goodwill they will refund the charges. They have said they will pay them back into the account which was a joint account when the charges were made, but isn't anymore. I took my name off of it and it is now only in my husbands name.

Can I insist they pay by cheque or into my bank account at the A&L?

[PPMAN159]

I would think that as you have an open aco**** with RBS then they will insist on paying the funds direct to there.

 

No harm in asking for a cheque but I doubt if they will play ball.

[santamonica]

I no longer have access to the account and am currently separated from my husband. But seen as I made the claim can they insist on paying it all to him?

[crystal palace]

Hi Santamonica

We have more or less the same request we would like a cheque from rbs as our account is being dealt with Allied International and the refund can be put to better use than paying them back as the monthly payment to them is only £30.If you get any advise it would also help me

regards

Crystal Palace

[Kurt_Hamster]

The bad news is that as you were claiming from a joint account to which you both had access then technically you owe your ex half the claim.

 

Personally I'd write a letter explaining the situation to the bank and hope it ends up on the desk of someone with either a heart or a modicum of common-sense.