RBS Loan and Overdraft Ordinary Cause Citation Aberdeen

[dx100uk]

the debt OWNER gets a CCA request be that a dca or an OC.

if an enforceable CCA is returned

only THEN do you send our pro rata letter .

 

dx

 

 

[dellnasnoods]

I've had no reply from the SAR request to RBS on the OverDraft, do they have a deadline?

 

Will the SAR be for all the accounts I've had with RBS or just the OverDraft?

 

Thanks.

[dx100uk]

as the sar letter states they have 30 days 

 

an sar gets all your personal data a company holds on you.

[dellnasnoods]

Thanks, Its 30 days today by chance.

 

Awaiting SAR as I've said, if this shows they don't have an agreement for the Loan then is the debt still enforceable.

 

Thanks

[dx100uk]

an sar typically does not give a CCA copy if the credit is still live.

[dellnasnoods]

I've received a letter from the RBS to contact them with regards to payment.

 

While awaiting the CCA I stopped my arranged payments to them, they supplied the CCA.

Can they still request payment while I'm waiting on the SAR?

 

Thanks.

[dx100uk]

don't think we suggested stopping payments until anyone failed the CCA request.

[dellnasnoods]

ok, I'll get the Pro Rata letters sent.

 

Thanks

[dellnasnoods]

I've not sent this out yet and I received a call from RBS the other day.

We spoke about my health issues and they have asked me to supply evidence which I can so thats not a problem.

They also want me to provide an Income and Expenditure which I can easily do as well to prove payments are unaffordable at the moment.

 

My thought is what if I just blank them,

what are the likely scenario's,

 

I'm hoping they sell the debt so I could make Full and Final Settlement as I've got a little bit of money coming my way later in the year and would like to put this to bed.

or

If it's sold to DCA could I try another CCA on them,

would they be able to provide the neccesary documents or are they able to do the same as RBS and just send an unsigned one.

or

Would RBS accept a Full and Final settlement and what offer would I suggest.

 

Many Thanks

[dx100uk]

without an enforceable cca I would not ever  be paying anyone!!

 

 

[dellnasnoods]

I thought RBS sent an enforceable CCA did they not, even though it was unsigned.

[dx100uk]

On 31/01/2020 at 14:50, dx100uk said:

as this was taken out 2012? and is still owned bythe original creditor I think that is a good enough recon return.

 

 

but not for a dca if RBS sell it on...

 

dx

 

[dellnasnoods]

Got ya.

 

So should I just ignore RBS and hope they sell the debt,

what other action is RBS likely to take if they don't sell.

 

Thanks.

[dx100uk]

just type in the reply box......

no need to keep hitting quote

it makes the thread twice as long to scroll thru and find your responses..

and I know what I said anyway.

 

………………..

 

original creditors don't usually do court..

so other than passing it on to a handful of DCA's that all say 'our client - RBS' you are safe to ignore them.

 

dx

 

[dellnasnoods]

ok thanks

 

dx, the debt is 25k loan and 6k overdraft, I'm hoping yo'ure correct that RBS wont do court even for this amount.

 

Thanks

[dellnasnoods]

This has came up again, RBS have began court proceedings and I need to decide if I have a chance with this if I go to defend their action.

 

Main question I have is will the RBS have to show a signed copy of the loan agreement at court. In my SAR request they only provided a copy without my signature. 

 

Also how will court action for the overdraft go, do the RBS have to show a signed agreement for this too.

 

Many Thanks

 

 

 

[dx100uk]

RBS have launched a court claim?

 

or do you mean the debt has since been sold to a dca and You have a spc Scottish degree court claim that was served by sheriff officers at your door Or a english claimform pack through the post?

 

I though you took this RBS credit out whilst resident in Scotland and are still in Scotland now?

 

Dx 

[dellnasnoods]

Yes its RBS although the account was transferred but not sold to Aberdeen Considine Debt Collectors and I received one lettter with a demand for the full amount which I ignored. 

 

The next thing a few weeks later there's a Sheriffs officer at the door issuing the summons to court, I still live and reside in Scotland.

 

RBS credit was while residing in Scotland.

 

Many Thanks

 

[dx100uk]

please complete this:

 

You have received a SCOTTISH Court Claim - What you need to do. **updated April 2017** - Scotland Financial Legal Issues - Consumer Action Group

[dellnasnoods]

Name the issuing court:

 

Who Is The Claimant: The Royal Bank of Scotland Plc

 

Who Are the Solicitors: Aberdeen Considine

 

What type of action? (Simple/Ordinary): Ordinary

 

What is the claim for –

1.      To grant decree against the defender for payment to the pursuer of the sum of £28,671.67 Sterling with interest thereon at the rate of eight per centum per annum from the date of citation until payment; and

2.      To find the Defender liable to the pursuer in the expenses of the Action.

 

Condescendence

1.      Jurisdiction.

 

1.1   The pursuer a company incorporated under the Companies Acts (Company Number: SC083026) and having its registered office at 38 St Andrews Square, Edinburgh. The defender resides at xxxxxxx. Scotland. The Defender has been so resident during the three months immediately preceding the raising of this action. The Defender is domiciled there. This court accordingly has jurisdiction. To the knowledge of the pursuer, there is no agreement prorogating the jurisdiction of any other court over the subject matter of the present cause of action. To the knowledge of the pursuer, there are no proceedings involving the present cause of action in subsistence between the parties before any other court.

 

2.  Consumer Credit Agreement

2.1. The Pursuer entered into a Consumer Credit Agreement with the Defender in respect of Select Account (xxxxxx ; xxxxxxxx) (“the Agreement"). The current account facility was advanced by the Pursuer to the Defender. The Agreement was properly executed in terms of the Consumer Credit Act 1974 (hereinafter referred to as ‘the Act").

 

2.2 The Pursuer entered into a Consumer Credit Agreement with the Defender in respect of a Personal Loan (xxxxxx ; xxxxxxxx ("the Agreement"). The loan sum was advanced by the Pursuer to the Defender. The Agreement was properly executed in terms of the Consumer Credit Act 1974 (hereinafter referred to as “the Act”). Repayment of the loan was to be made by monthly instalments.

 

3.  Default by Defender

 

3.1. The Defender failed to maintain the payments due in terms of the Agreement. The Pursuer served a Default Notice in terms of Section 87(1) of the Act on the Defender on xx/05/2017 in respect of the Defenders' failure to maintain payments. The Defender has failed to remedy the breach detailed in the Default Notice by making payment of the sums due.

 

3.2. In terms of the Agreement and the Act, the Pursuer is entitled to demand payment of the whole outstanding balance if the Defender fails to remedy their default. The whole outstanding balance as at 31107/2017 was £28,671.67 STERLING, which is the sum sued for.

 

4.  Demand for Payment; Necessity of Action

By formal demand letter dated 31107/2017, the Defender has been called upon to make payment of the sum sued for but has refused or at least delayed to do so. This action is accordingly necessary.

 

date of raised claim [or court stamp date from writ or date from ] :- 26^th April 2022

 

Last Date Of Service [or from form 07]:- 26^th April 2022

 

Last Date For Response [or from form 07]:- 18^th May 2022

 

What Documents are listed in Box E2:[or in your form requesting the same?]

My form doesn’t have a E2 box –

 

Form 07 (notice of intention to defend) plus fee of £129 is requested.

 

Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- The debt is for a loan and overdraft

 

BOX D4 what has the claimant stated: IN FULL

 

  My form doesn’t have a D4 box.

 

Date of Agreement: – There is no agreement date on the Claim/ Writ form

Reference Number: – is this the original creditors account number? YES

 

how many digits does it have? Eight digits with 2 zeros at the beginning.

Unpaid balance: - £28,671.67

 

BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ]

…..

My form doesn’t have a D5 box.

 

 

from your knowledge: answer the following:

 

When did you enter into the original agreement before or after 2007? After

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.:- By Original Creditor

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

No

 

Did you receive a Default Notice from the original creditor? Yes I think so.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

 

When was you last payment:- Around January 2020

 

Why did you cease payments:- CAG advised.

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, I started making regular small monthly payments in June 2018.

 

.................

 

Sorry I've been slow off the mark with this, I have medical issues and been unwell for the last couple of years and this last few weeks have been trying.

 

Many Thanks.

 

[dx100uk]

thanks for this 

did you ever send the pro rata letter?

 

i hadn't quite realised the scale of this debt.

 

you are going to have a hard time fighting this i think.

 

let me have a wee think, poss best to admit and use the forms provided

 

i'll be back soon.

 

dx

 

[dellnasnoods]

Yes I did send Pro-rata letter and a payment plan was set up and I paid small regular amounts monthly for over a year. I stopped these payments in early 2020 after weighing up replies from others in this post.

 

I just cant understand why the bank doesn't have to provide signed copies of the agreements for the loan or the overdraft when other institutions have to, am I misunderstanding something?  I'm thinking they can't provide these possibly due to the branch that initially set up the agreements closed down years ago.

 

Many thanks DX for your input and tme, its very much appreciated.

 

Cheers

 

Just read about 'True-Copy' so I'm assuming thats why signed copies are not required.

Edited May 12, 2022 by dellnasnoods

[dx100uk]

as the advice in this thread:

i'm wondering if your best idea is to complete a time order here

it's a very large sum, and i don't think you'll have a very good outcome even if you run the find all the paperwork RBS route.

 

the claimant here is the original creditor mainly because it also worries me you also have your mortgage with them.

keep them happy with a reasonable monthly payment by a time order.

 

 

 

 

 

[dellnasnoods]

Dx,

 

I've contacted a couple of local solicitors and both of them said that in this case a time order won't do it. Felt a bit intimidated instigating I was trying to avoid the debt. 

 

I've contacted CAB and hoping they can get back to me today but they said I've left it late.

 

Few questions if you don't mind dx.

 

1. What will happen if I ignore the writ?

 

2. These are both unsecured debts, can they force the sale of assets?

 

3. If I were to contact the claimants solicitor to say other than pay off the full debt, is there anyway to avoid going to court at this late date?

 

3. Is there a chance I could get the writ delayed due to illness? It's final day is 18th May

 

Many thanks for your time.

 

 

 

[dx100uk]

a time order or time to pay form you should already have in the pack is admittance of the debt it is not avoidance of it

 

form-o3---notice-to-be-served-on-defender-in-ordinary-action-where-time-to-pay-direction-may-be-applied-for-actions-lodged-on-or-after-4-april-2011.doc (live.com)