lazaroonie vs RBS & default removal ?

[lazaroonie]

Hi there,

 

first post here, so go easy...

 

I sent my intro letter away about 3 weeks ago giving them 14 days to respond. I got a letter 7 days ago from Sandy Watt saying "yeah yeah we will look into it..."

 

So today I sent away the LBA letter (I guess it is good to work to my timetable, not theirs...).

 

I am pretty confident about getting the money back (several thousand quid). but my question really revolves around the default on my Credit report. has anyone had good experience of getting these removed at the same time as getting their cash back ?

 

 

thanks. I will keep this updated as I go....

[martin2006]

Yes and no.

 

it all depends on the default itself and how it was administered.

 

There is a procedure that the banks and CC companies are supposed to follow but they dont always do it.

 

Get copies of your credit files from Equifax, Experian and Call credit.

 

If the default entries are correct then there isnt much you can do. Ive tried various ways but it depends on the company involved.

 

If they are incorrect then write and ask them to correct them.

 

You will get virtually no joy with the CRAs. If they wont correct them write to the ICO. I got one corrected and subsequently removed this way but its no 5 minute process.

 

Read the sections on defaults and data protection issues for more info.

 

Good luck

[martin2006]

One final point

 

If the default was as a result of bank charges then you can include it in your claim as a condition of acceptance.

[lazaroonie]

One final point

 

If the default was as a result of bank charges then you can include it in your claim as a condition of acceptance.

 

 

that is the key point here - the claim I am making is for £4210, and the default amount is £2700. I have included it in the "what I want from them" part of the letter, I am just curious, with RBS how this goes down - RBS have always been known as one of the biggest "defaulters" of customer accounts.

 

Basically it would be good to hear other peoples experiences - do RBS say "here's your money, but the default stays", or do they "cave in completely".

[martin2006]

My experience is with defaults in general and not specifically with RBS. Can i presume that the default was issued and then charges continued to accrue until they reached the 4210 mark? And also was the 2700 made up of charges, or at least parrtially?

 

If so then the claim i would issue would include the removal of the default in any settlement offer made, otherwise i would reject any offer even for the full amount unless this was included.

 

When the banks settle they usually call it a "gesture of goodwill".

 

This means they arent accepting liability or admitting they have done anything wrong so simply accepting the cash does not give you any proof to later take to court.

 

What are the circumstances surrounding the default?

Did you get a default notice?

Did you get the default notice within 3 to 6 months of last payments?

Do you think you should have been defaulted?

 

 

As much info as poss helps enormously.

 

Martin

[lazaroonie]

My experience is with defaults in general and not specifically with RBS. Can i presume that the default was issued and then charges continued to accrue until they reached the 4210 mark? And also was the 2700 made up of charges, or at least parrtially?

 

If so then the claim i would issue would include the removal of the default in any settlement offer made, otherwise i would reject any offer even for the full amount unless this was included.

 

When the banks settle they usually call it a "gesture of goodwill".

 

This means they arent accepting liability or admitting they have done anything wrong so simply accepting the cash does not give you any proof to later take to court.

 

What are the circumstances surrounding the default?

Did you get a default notice?

Did you get the default notice within 3 to 6 months of last payments?

Do you think you should have been defaulted?

 

 

As much info as poss helps enormously.

 

Martin

 

 

The RBS account was used as our main current account up until 2003, at which point our overdraft had grown to around the amount of the default amount. we stopped using the account, and had our salaries mandated to another account - at which point we entered into negotiation to replay the overdraft - as soon as this happened, the default was entered. It was repaid in full about 6 months later.

 

It is difficult to establish what part of the default was charges and what was "accrued debt", if you know what I mean, because of the fluidity of the account up to that point - there was always money coming in and going out...

[martin2006]

On the face of it it looks like they have been a bit hasty in defaulting you. if you had made no attempt to pay it for at least 3 months then they can default you. If they have defaulted you before this then you could write to the ICO (the address is on here in the FAQs section somewhere) and ask for it to be corrected. Its not easy though getting them to remove it entirely as by your own admission you defaulted on the o/d.

 

Good luck though, its worth pursuing. Give the ICO as much info as possible and dont worry if they dont respond immediately, they are swamped with similar cases and are taking upto 6 months to investigate each case. This is coz they have massive backlogs to get through.

[lazaroonie]

ok - latest update

 

we do not appear to be getting anywhere. I received in response to my LBA letter the exact same letter as I had to my original request.

 

I dont really know what to do now - 3 weeks has passed, and presumably now I should be raising a small claims for this money. but being in Scotland the maximum I can raise thru this is £750. Previously the advice was to raise these actions 1 at a time, but the latest news is that this is maybe not the best thing to do.

 

Should I instruct my solicitor to raise a claim for the full amount ? This really depends on how much it is likely to cost.

 

at a crossroads, looking for directions

 

thanks to all

[lazaroonie]

bumping this...still looking for some advice....thanks

[lazaroonie]

I have today received an offer of settlement from RBS - seems to be a standard letter - "we believe our charges to be fair etc etc...but as a gesture of goodwill....". They have offered 100% of what we asked for.

 

The only fly in the ointment is that they havent mentioned the default which I asked them to remove.....just wonder if I really have got any a chance of it being removed....

 

hmmm