SOS Charging order in place but RBS have closed accounts

[debbbs]

Hi

I need some help.

The RBS got a CCJ in 1999 for £59K and then a Charging Order in 2008 for £38K.

I never denied having a debt with the Bank, but I never accepted the figure being claimed.

I SAR'd the bank in 2008 when they applied for the CO and discovered irregularities in the way my accounts had been managed both pre and post judgment. I challenged the bank, despite documented proof, they have repeatedly refused to acknowledge any wrongdoing. I am still in correspondence with senior management .

I phoned CMS in February, but they couldn't find the accounts on their new system. The old RBS/CMS computer system had been closed after the bank admitted that it was defective.

I sent a SAR on the 21 Feb, after 43 days they provided 1 data sheet with my name, address and DOB.....nothing else. They said this fulfilled my SAR, so I phoned them, she said they could find absolutely no data on me.....nothing.

I phoned CMS again who are supposed to be managing these accounts, gave him the account numbers. He confirmed that they have been closed. Archived. According to the Banks computer system the debt nolonger exits. No records of the CCJ and charging order. Everything on me has been deleted.

The Charging order is their to secure a debt that nolonger exists.

The accounts referred to in the POC of the CCJ have been closed. Not sold or assigned to someone else....CLOSED.

Has anyone come across this before?

Can the Charging order remain if the debt does not?

Debbie x

[Hurricane Puffrose]

Re: SOS Charging order in place but RBS have closed accounts

Hello Debbs
Welcome to LB, sorry no ones gotten back to you, we have just had a major upgrade, and we have only just started getting all the threads back. I'm not an expert in these things but, I will ask for you, and get you some answers.

[labman]

Re: SOS Charging order in place but RBS have closed accounts

A fascinating question, and I'm afraid I can't answer it. I'll pm someone who may be able to advise you though.

[Celestine]

Re: SOS Charging order in place but RBS have closed accounts

I have never heard of this. I can't see how a Charging Order could be applied upon sale of your home, to whom and how much would be paid being a fundamental basic that would now seem impossible to achieve?

Baffling.......

We've been offline a lot today due to an upgrade, lets see if anyone else can assist.

[debbbs]

Re: SOS Charging order in place but RBS have closed accounts

Thanks guys,

I have been doing loads of searching and I just can't find any examples of this.

The Charging Order exists for one purpose only, it acts as security for a debt, monies owing on the accounts referred to in the POC of the CCJ.

If the accounts have been closed, the debt nolonger exists than the security can be discharged.

I discovered that the accounts in the POC were not my original current accounts, prior to litiagtion my current accounts/overdraft, 1 joint business & 1 personal had been converted into Flexible Term loan Capital & Interest accounts. The SAR in 2008 revealed Fraud, deception and concealment. But the bank are arrogant and stubborn and refuse to acknowledge any wrong doing. The RBS say the change of account types was a Normal Practice called the "Transitioning Process". I had a long chat with the OFT this week, they do not recognise this Business Practice.

Again Thankyou

Debbie x

[Celestine]

Re: SOS Charging order in place but RBS have closed accounts

Debbs, check back with us because I'm PM'ing someone who may know x

[debbbs]

Re: SOS Charging order in place but RBS have closed accounts

Update.

I have spoken with the Bank today and they have confirmed that all of the accounts that formed the basis of the CCJ were closed in 2011.

Despite the fact that they have a charging order, they deemed the accounts "Uncollectable".

They cannot at anytime retrieve these accounts from the archive system.

They have no intention of pursuing me for the debt. They will wait until I sell the house.

Not only have the accounts been closed, but all data held on me has been deleted and the solicitor who instigated the CCJ and CO was told in 2010 to close its file.

The Bank seem to feel that even though the accounts have been closed, the debt written off as uncollectible that they can still keep the Charging order in place,hidden away on an archive system.

Debbie xx

[labman]

Re: SOS Charging order in place but RBS have closed accounts

I thought bans had to keep records for a period of 12 years. If I'm correct, then they have deleted your details prematurely and should be brought to task for this.

Have you considered either going to a solicitor for a free initial consultation, or going to your local law centre (can't post link from here, but Google Law Centres and they'll come up)? It may be advantageous for you to do so.