Fullyskinted needs URGENT advice re Default!

[Fullyskinted]

OK, Ive got in a mess with my RBS card acct recently (Amongst others).

 

Didnt make the payment in September. On top of this I was having issues with tryign to get statements out of them so said I wouldnt be making any more payments until I had an up to date statement.

The DD bounced and then they never tried takign it again (afaik).

 

So, I recieve a letter yesterday (18th Dec) saying that I am being served a default notice. the letter is dated 18/12/06. It says I have until 22/12/06 to make the payment of £351 and avoid further action.

 

I called them and they said that if I was having money issues I will need to fill out a financial staement form and one had been sent to me after I had a phone call on 27/11/06. I havent recieved this :-?

 

The thing is this.

 

I made a payment of £50 on 27/11/06 by visa debit over the phone. Now as far as I know, they cant serve a default on me as long as I make payments!

 

Whats going on?

 

Im just about to ask all the S.A.R - (Subject Access Request)/CCA stuff in a letter, but Im gonna be out of time! Can I call them and ask for an email address and send it CC via email so I know theyre aware of the situation?

Ive also been advised that because they have served a default on me when they shouldnt have, they are in fact in breach of the contract which exists between us. Is this correct? If so can I quote that on the phone?

 

Ive drafted a letter but Im not sure its right to post it here...

 

WHAT THE HELL! Heres goes...

 

Mrs L Angell

Manager Customer Assistance

RBS

Credit Card Operations

PO Box 6050

Southend On Sea,

ESSEX

SS99 1WL

 

18th December 2006

 

My Ref: XX XXXX

Your Ref: XXXXXX

Ref Account No - 5434XXXXXXXXXXX

Dear Mrs Angell,

 

I write to confirm your letter dated 8th December as received today (18th December 2006).

 

I am confused as to why a Default Notice has been issued on me when I made a payment to the account with my VISA debit card at the end of November following your letter dated 24th November 2006 (I estimate the receipt of the letter dated 24th November and payment as stated; to have been on the 27th November, the reasons will be outlined below). The payment was for £50.00 (Fifty pounds). The telephone advisor I was speaking to said that if I was wishing to discuss a payment plan as I was having payment issues then she would send me a letter and a financial statement form which I was to complete and return.

 

I have had no contact with RBS in that time frame – written or verbal. Today I am in receipt of your letter (dated 8th December 2006) with a Default Notice. Hardly fair, in my honest opinion. And as far as I am aware, seeing as I made a payment to the account, you yourselves (RBS) are in fact in breach of contract, not me. I have made a payment to the account and as long as I continue to make payments you cannot issue a default notice.

 

I therefore hold the account in dispute until I receive further information as described below and I have had 14 days to respond accordingly:

 

 

1.With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77 through 79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not.

 

I understand a copy of my credit agreement should be supplied within 12 working days of receipt of this letter (sent recorded delivery).

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

 

 

Yours faithfully,

 

 

 

Fullyskinted

 

 

OK, what says you lot then???

 

I need answers and FAST!!! (thanks)

[zootscoot]

Hi FS,

 

A few points:

 

Delete points 2 & 3 as the debt has not as yet been assigned so best to omit them.

 

Also I'm not sure that there would be anything in your contract regarding them issuing default notices. Terms and conditions are generally less specific than that simply reserving the right to share your data with the CRAs. So I don't think you can argue that they are in breach of contract regarding this.

 

They can serve a default notice if you are not meeting the minimum payments or arranged a payment plan. So if your payment of 50.00 did not bring the account up to date, it may well be that they are able to issue a default notice.

 

It might be worth trying to send a budget planner and still trying to negotiate a payment plan on the grounds that you did not receive their budget. There are templates for this in the stickies at the top of this forum. However, once a default notice is served they may be less willing to negotiate but its worth a shot.

 

Also if the debt is made up of any charges you could dispute the debt on this grounds. Make it clear in your letter that you know you have paid charges on the account and that you formally dispute the amount owed on the grounds that it is partially made up of inaccurate charges. As the account is in dispute no action can be taken in respect of the account until such issues are resolved. Include a SAR request in the letter.

 

All the best

 

Zoot

[Fullyskinted]

Yeh, but the problem is the letter/response is due by Friday!

 

What if I offered to pay a further amount for now? Would that help?

 

Oh and thanks Zoot

[Fullyskinted]

I should also add that their letter was dated 8th Dec, not 18th

 

It took 10 days to get here!

 

Typo!!!

[zootscoot]

If you have an e-mail address then e-mail it and send a letter just to be sure.

 

I would also point out the date discrepancy in your letter as this means you've had less time to respond and adds to your argument that they are acting unfairly.

 

Making payment at this time would also show willing and make them more amenable to negotiate.

 

Best of luck

 

Zoot

[Fullyskinted]

OK, just got off the phone from them. Ive paid £51 out fo the £351 arrears.

They said I will stil default even though I made a payment but they could delay it by 7 days.

7 days in this time of Xmas / NYE etc is bugger all imho but there you go.

 

I also requested Statements from Jan 2000 up to December 2003 (I already have 2004 thro 2006 due to another duspute with another part of RBS (Insurance). So that can get the charges claim rolling.

 

I also asked for a copy of the original credit agreement signed by myself.

 

I offered to pay the £1 but they said this was not needed.

 

I also asked for the deed of assignment (why not!?!) - maybe it will make them take a future offer seriously if it goes that way

 

I am going to fax them all this in writing (as per the letter) in the morning.

 

And hard copy in the post recorded delivery with the ammended dates on etc.

 

They said that the statements will take 7 working days and the Credit agreement 10 days. All within the CCA request timescales. The clock wil really start clicking when I recieve the statements. If they can uphold that part of there end, why wouldnt they be able to send me the agreement too?

 

Am I able to dispute the Default or not?

 

Notes:

Req

Statements

Copy of original agreement that was signed by myself

Copy of Deed of Assignment

[djweeble]

I also asked for the deed of assignment (why not!?!)

 

Why ?? there isn't one !! they haven't sold it on !!

[Fullyskinted]

Ah, that'll be why then!!!

 

Ill scrub that bit from the letter Im sending them. To be honest it was cribbed from a letter a mate used. His situation was *cough* slightly different *cough*