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Fireballxlfive

RBS credit card, old discontinued claim - now DCA chasing?

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Hi advice please,

 

 

back in April 2012 I requested a copy of a CCA on a credit card from RBS, they failed to comply,

I put the account in dispute,

they came back eventually with a recon agreement that did not have the correct "necessary prescribed terms".

 

 

After numerous letters to and from RBS and then solicitors it went to court in Feb 2014.

I did try mediation but RBS refused,

in my defence I asked the court to strike out the claim as RBS failed to provide a CCA,

the Judge ordered in my favour,

 

 

the judgement was

 

"1. RBS having failed to comply with the relevant provisions of the Consumer Credit Act 1974 these proceedings are stayed

(and no interest is to accrue on any outstanding sums) until RBS complies with its responsibilities to the satisfaction of the Court.

 

2. Provided that if RBS fails to comply with paragraph 1. above by 4pm on the 16th June 2014 then the claim is dismissed.

 

RBS did not,

their solicitors then wrote to me in April 2014 asking me to sign a consent order to withdraw the claim and no order to costs.

I replied inviting them to issue a notice of discontinuance, which they did for all of the claim and I have a copy which was sent to Court.

 

Out of the blue I get a letter the other day saying the RBS had failed to contact or agree a suitable repayment plan

and have passed details on to a collection agent who will be in contact to discuss a repayment option.

 

As far as I'm concerned,

a judgement had been made,

RBS withdrew the case and if a claimant discontinues a claim

they can't take the same case back to Court if the defendant had filed a defence,

 

 

I really am getting fed up with RBS and feel its time to deal with these incompetent people,

what's my options harassment ??

Edited by Fireballxlfive
RBS CRedit Card

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they can still ask for payment

 

 

you can ask them to go away.

 

 

has the debt been sold

or simply sent out for collection to a powerless DCA?

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Should have gone down the Consent Order route....far greater protection.They can continue to try to collect on a discontinued claim......its only if they try to issued a further claim on the same debt that they require the courts permission...as a defence was submitted.

 

CPR 38 (7).....

 

 

 

Hope this helps

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