Please help for an old lady

[bill-k]

Heyy, grasshopper !!

[Guest bong]

might also be worth adding their name to the complaint here http://www.consumeractiongroup.co.uk/forum/general-debt/58086-mass-complaint-add-your.html#post485985

[sarahpp]

Good stuff guys. I think I am right insofar as the lady in question has now opened an account with another bank for benefit payments but, it is certainly worth bearing in mind.

 

As far as the DCA is concerned - they are expected to abide by the OFT guidelines so, it may be worth having a look through to see whether they have...

 

http://www.consumeractiongroup.co.uk/forum/general-debt/55579-oft-guidelines-debt-collection.html

 

I realise we have given you a heck of a lot to read and digest but, I hope it all helps you to feel as if you have some information which you will be able to use at some point.

[Destinyofsouls]

Thanks for all your wonderful helps everyone. I will keep yopu all posted and then look out for it in the nationals

[chezt]

Hi there ... I've just been lead to this thread by a big hairy guy with an even bigger heart! (The jungle drums were calling!!)

 

Anyway, looks like you've got enough help to get you going for now but please make sure you keep updating this thread along the way with any Q's so we can guide you along. I've subscribed to your thread now so I will be informed of any new posts & if I can help then I certainly will.

 

DCA's can be scary & for an older lady especially so. Lets hope even now at this early stage that she can hopefully feel a little better about the whole situation. Tell her we're all behind her

 

Good luck & I think what you are doing for this lady is just wonderful

[Destinyofsouls]

Thanks Chezt.

I have put my own claim on hold for now just so I can help this lady out. I dread to think how much they are going to owe her if these few statements are just the tip of the iceberg. I have asked her to call and get statements herself as well, to see if thats any quicker.

Can anyone tell me how I can get the interest frozen? It's going up big style. If this takes a while to settle, it could amount up.

Thanks

[sarahpp]

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Have a look through these DoS

[Guest NATTIE]

I was asked to comment on this one. Credit Management Services is part of RBS. If the charges are all of the interest then all the charges plus interest should be claimed. If she has made payments then the total amount minus the payments should go to the old lady. As I said if the amount of the £3000 is charges then they should write it all off but then there is the payments of £25 a month which clearly is the old ladies money. Everything is part of RBS still so all agreements should be covered by SAR

[loki187]

Reading this has made my blood boil!!!!

 

Were do they get off on this???

 

I hope to god that they get dragged through a field of catus!!!!

 

Is there anyway that if you go to the courts that you could claim damages??? I mean has she had to move into sheltered acomodation because they have been taken all this money from her?? Am I barking up the wrong tree???

 

I'm sure you can tell it bugs me to bits that they can make such a old ladys life a misery!!!!

 

And btw Destinyofsouls, what a nice thing you are doing, if only the world was full of people like you

 

Anyways I wish you all the look on this claim.....

[bill-k]

I wonder if Justwon's thread is worth a look in connection with this.

 

http://www.consumeractiongroup.co.uk/forum/rbs-bos-successes/49470-contractual-interest-details-case.html

[bill-k]

Oh - and credit where it's due. It was Sarah that told me about this thread - I just got on the old bush telegraph !!

[Destinyofsouls]

Thanks everyone. I think I am going to need some help from the experts on here for this one. But............

I am determined to make these **** pay back every penny to this lovely dear old lady.

 

There are 4 accounts in question and one loan. Do I need a £1.00 for eahc one, or does the pound cover all of them like the S.A.R - (Subject Access Request) £10.00?

 

I was asked to comment on this one. Credit Management Services is part of RBS. If the charges are all of the interest then all the charges plus interest should be claimed. If she has made payments then the total amount minus the payments should go to the old lady. As I said if the amount of the £3000 is charges then they should write it all off but then there is the payments of £25 a month which clearly is the old ladies money. Everything is part of RBS still so all agreements should be covered by SAR

Nattie,

should that not be the total amount plus the £25.00 per month? If the £25 per month doesn't even cover the interest then she should get all that back? I am sure that all the debt is made up of charges and more!!

[Guest willowb]

There are 4 accounts in question and one loan. Do I need a £1.00 for eahc one, or does the pound cover all of them like the S.A.R - (Subject Access Request) £10.00?

DOS...you have a good soul, well done me dear for taking this lady's

part;) .....the drums have attracted me to this thread also Chezt....must be that musical gorilla guru we all know and love hey?

 

As for the quote above, so's not to confuse things it may be wise to set up separate threads for each account when things start to get rolling....and they will!

 

As for the RBS account and your question above, I took on RBS and won some months ago. In my case I claimed the charges plus the interest charged on the account as the account was near totally made up of the charges.....understand?

 

So, you are not claiming back the £25 a month your friend has been paying each month but the interest that has been applied to the account each month (that's if the o/d is made up entirely/mostly of charges). It probably would amount to about the same anyway.

 

Am I making sense at all?

 

Wxxx

[bill-k]

Thanks for popping by, Willow. Yes, Destiny, good point about separate threads. Post the links in here so we can all follow you.

 

This poor lady's not going to know what's hit her. She's gonna be helped across the road and back so many times, now !!!!!

 

And she only stopped to take a rest !!

[Destinyofsouls]

Thanks you lovely lot. Re: starting a new thread. As it will be all one claim for the 4 accounts, is it best to start one for them and then one for the loan?

[Destinyofsouls]

So, you are not claiming back the £25 a month your friend has been paying each month but the interest that has been applied to the account each month (that's if the o/d is made up entirely/mostly of charges). It probably would amount to about the same anyway.

 

Am I making sense at all?

 

Probably - but I don't know!

I told her to stop payments to them now whilst in dispute.

[bill-k]

Am I making sense at all?

Probably - but I don't know!

I told her to stop payments to them now whilst in dispute.

Someone correct me here if I'm wrong, Destiny, but I think Willow was saying that the £25 payments were going toward paying off the total debt, which now includes the original amount plus the interest & charges since added to it.

What you will be claiming for is the interest & charges, and just leaving the original debt amount. This amount has probably been paid off by now, and any remaining amount due may yet be uncollectable if they cannot supply the original contract.

[Guest willowb]

Ok yes and no, the claim is the charges and the monthly interest charged on the account as from what I can gather the lady went into overdraft because of the charges so therefore interest on the overdraft is claimable.

 

When you win (and you will win) your claim then you ask for it in the form of a cheque (Cobbetts, RBSs sols usually do this anyway), make sure that Cobbetts are certain of this.

 

Your friend should stop paying the monthly figure and inform the DCA that the account is in dispute. Has she been defaulted already? They certainly cannot default the account whilst in dispute but once the claim is settled they may default straight away if the debt is not cleared.

 

As for what Bill said about the origional agreement, this is to prove that the debt doesn't exist at all....yes? I haven't had much experience in this field, still yet to clue myself up on it but I would assume that this avenue could be explored after you have won the charges back? I dunno I'll leave that one to Bill, Sara and Chezt.

 

Wxxx

[bill-k]

As for what Bill said about the origional agreement, this is to prove that the debt doesn't exist at all....yes? I haven't had much experience in this field, still yet to clue myself up on it but I would assume that this avenue could be explored after you have won the charges back? I dunno I'll leave that one to Bill, Sara and Chezt.

 

Wxxx

Thanks for clarifying that, Willow. That'll teach me to stray into your department !!

 

Yes, the idea of the original contract is just to have another string to your bow, should you need it later on. It's best to request it at the outset, before they know what's coming !!! You might not have to use it, but it's handy to have on standby, for a bit of leverage later.

[Destinyofsouls]

When you win (and you will win) your claim then you ask for it in the form of a cheque (Cobbetts, RBSs sols usually do this anyway), make sure that Cobbetts are certain of this.

Can they refuse to do this? If they pay it direct into the account to pay off the balance, they will argue that it has been paid and there is little the poor lady can do about it.

[Guest willowb]

When I had my pay out, they issued a cheque which was about £200 more than I owed RBS (or their DCA, who was handling the account - capquest), I cashed the cheque and then settled the OD straightaway otherwise they would have defaulted me again (I had the default removed with the claim). At no point did I specify that I wanted to be paid by cheque, it just landed in my hallway one morning.

 

All I can say is that at a later date you need to make Cobbetts aware that's how you wish the claim to be settled and you will then deal with the amount outstanding to RBS later.

 

I will tell you this for nothing, RBS has no idea what Capquest is up to (your friend will probably still get letters from them even though the account's in dispute because they are not made aware of the fact) RBS hasn't got a clue what their sols are up to and visa versa (they will offer differing amounts days apart....they will! for my erc, RBS offered me £250 to settle and then 3 days later Cobbetts offered £2,500!!!)

 

So, don't get caught up in interdepartmental confusion just stick to your guns and your timetable, don't let them confuse you and if your friend starts getting red letters tell her not to panic, just respond calmly and firmly....I will help you with all that one stage at a time.

 

Wxxx

[Guest willowb]

That'll teach me to stray into your department !!

 

.

You make me sound like one of those ghastly ladies who sprays your face with perfume as soon as you walk through the door!!!

 

Wxxx

[bill-k]

Not at all, Willow - more like the mad blonde with the Uzi, who I remember so well !!!

 

Destiny - this gal's a good-un, believe me.

 

Seriously, thank you so much for helping here, Willow - I know you're very busy ATM, and it is good of you to stick around.

....now put the gun down, and step away from the PC.....

[Destinyofsouls]

Nothing to report yet. Sent off S.A.R - (Subject Access Request) to RBS for the 4 accounts

Sent off letter to DCO telling them account is in dispute and under NO CIRCUMSTANCES should you contact her direct, under the OFT guidelines, you must now deal with me.

Waiting .............................

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