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RBS used a right of set off - advice needed please

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  • RBS used a right of set off - advice needed please

    Hi All,

    Yesterday I have received a letter from RBS senior recoveries officer referring to my Credit Card account and to the formal notice dated 13 March 2009 where they have requested full repayment or realistic repayment proposals that are satisfactory to the Bank.

    Then officer explained that when dealing with unpaid sums they have the right to use my funds held by bank to pay what is due to them. They normally exercise this right - a right of set off - after they have given me the opportunity to make the payment.

    As a consequence of my failure to make payment arrangements recoveries officer advised that on 3 June (letter dated 3rd June as well) the sum of £418.30 was transferred from one of my accounts to repay the outstanding balance of my Credit Card account and they confirm that balance on credit account has now been fully repaid.

    All would sound fair and square but there is a catch to the story. Credit Card account was defaulted in 2009 but now I can't find the letter confirming that and the report disappeared from Experian website. But I do believe it must have been Feb/March 2009.

    As no payments were recovered by RBS at that time the case was forwarded to Moorcraft Group PLC who contacted me. The agreement was made with Moorcraft that 26 debits of £70 and last debit of £75.13 will be debited from Sep 2009 to Nov 2011 each month.

    My payments were collected monthly until summer 2010 when due to some bad luck my finances were stretched and I missed few payments. After my wedding on September 2010 I came back to UK and found quite a few letters from RMA (Risk Management Alternatives) stating their concern of failure to reach a suitable agreement on the repayment of outstanding balance for their client RBS.

    I contacted Moorcraft asking how RMA came into play and was told that Moorcraft are not dealing with my account anymore and I should deal with RMA from now on.

    When RMA took over outstanding balance on the account was £1 195.13 . On 11th October I spoke with RMA on the phone and after few minutes they offered me a deal - to pay off £ 776.83 instead of £1 195.13 to fully settle the debt in a one off single payment. I said I could only pay off this much in 4 installments during next four months. RMA agreed to it and first payment of £194.21 was taken the same day with following three payments taken by direct debit.

    RMA have also sent me a letter dated 14th October 2010 confirming that details of my most recent repayment proposals and confirmed that they are acceptable to their client. Below were the details of instalment amount and they were the same as agreed on the phone.

    Last payment was taken on 11th January 2011 and debt was meant to be fully settled. As I have received o letter from RMA I did contact them few times and was told that it is fully settled and RBS are supposed to send me the letter to confirm that.

    Just over a month ago I looked into my credit file on Experian and noticed that it still contained the figure of £418.30 as outstanding amount. I thought of contacting RMA again but was caught out by few things and then holiday only to come back this week and to receive the letter from RBS stating £418.30 was deducted from one of my accounts. I checked it and yes, RBS did indeed deduct money from my ISA account.

    Looking at all above I wonder if RBS were right to deduct this amount as credit card accout was defaulted Feb/March 2009 and debt recovery agencies were dealing with the account. Also last agency RMA dealing with the account confirmed that proposal of £776.83 instead of £1195.13 was acceptable to their client.

    So if this was the case how RBS can claim on their letter that as a consequence of my failure to make payment arrangements they exercised their rights to deduct sum of £418.30. Clearly this was not the case as my payments with Moorcraft and RMA suggest otherwise.

    I was wondering now whom I should contact first now as I do believe this amount of £418.30 should not have been taken away just like that without giving any notice or warning or even trying to contact me!

    Any ideas would be appreciated.
    Tags: None

  • #2
    Re: RBS used a right of set off - advice needed please

    Ask the oafs at RBS if the account has now finally settled and that you do not need to pay any more on that account.

    Comment


    • #3
      Re: RBS used a right of set off - advice needed please

      If the letter states the payment schedule and that this will settle the account then you need to complain to NatWest/RBS that agents acting on their behalf came to an agreement with you to resolve the account and this was done. The use of set off cannot be done due to RMA acting on behalf of NatWest/RBS settling the amount owed at a lower amount. They need to repay you the money taken.
      "Family means that no one gets forgotten or left behind"
      (quote from David Ogden Stiers)

      Comment


      • #4
        Re: RBS used a right of set off - advice needed please

        Originally posted by CleverClogs View Post
        Ask the oafs at RBS if the account has now finally settled and that you do not need to pay any more on that account.
        Yes, the letter from RBS confirmed that as of today's date the balance on the credit card has now been fully repaid.

        Leslerc - silly question but should I complain to the same department/person who sent me the letter and issued a right of set off or complain to RBS complains department?

        Thanks both for your earlier speedy replies.

        Comment


        • #5
          Re: RBS used a right of set off - advice needed please

          Originally posted by robkeleuk View Post
          Yes, the letter from RBS confirmed that as of today's date the balance on the credit card has now been fully repaid.

          Leslerc - silly question but should I complain to the same department/person who sent me the letter and issued a right of set off or complain to RBS complains department?

          Thanks both for your earlier speedy replies.
          If you have a full and final settlement letter from RMA then you complain to RBS complaints department on the basis that they have unilaterally pulled out of a deal that was completed and was paid without having recourse to tell you about calling them to arrange payment.
          "Family means that no one gets forgotten or left behind"
          (quote from David Ogden Stiers)

          Comment


          • #6
            Re: RBS used a right of set off - advice needed please

            Originally posted by leclerc View Post
            If you have a full and final settlement letter from RMA then you complain to RBS complaints department on the basis that they have unilaterally pulled out of a deal that was completed and was paid without having recourse to tell you about calling them to arrange payment.
            I'd misread the original post and thought he'd missed a payment to RMA.

            As a result of this, RBS have taken 1p too much and should therefore be reported to the plods for theft. :tinysmile_grin_t:

            Comment


            • #7
              Re: RBS used a right of set off - advice needed please

              Originally posted by leclerc View Post
              If you have a full and final settlement letter from RMA then you complain to RBS complaints department on the basis that they have unilaterally pulled out of a deal that was completed and was paid without having recourse to tell you about calling them to arrange payment.
              And that's where I do believe I was done hard by.

              Letter from RMA sent to me on 14th October confirmed that details of my most recent repayment proposals were accepted and confirmed that they are acceptable to their client. They also said that payments have to be made on time in order to ensure agreement does not become void. They also included dates and amounts required to fulfill the agreement.

              Once last payment was made in January I have received no further letter nor full and final setlement letter from RMA. I called them twice requesting it and they said it should have been sent to me by RBS and if I will not receive it then should contact them.

              Silly me over the following months completely forgot about this issue and only remembered when was on holidays last week. On my return I thought to chase the matter only to receive the letter from RBS using a right of set off.

              I do however have statements proving that payments were made on time and exact amount as requested in the letter from RMA on 14th October. Would that letter together with my statements proving that payments were made on time be sufficient enough to prove that agreement was kept and fully repaid?
              ------------------------------- merged -------------------------------
              Originally posted by CleverClogs View Post
              I'd misread the original post and thought he'd missed a payment to RMA.
              That happens a lot with my posts! I tend to write walls of unnecessary text and confuse everyone then....
              Last edited by robkeleuk; 6th June 2011, 13:57:PM. Reason: Automerged Doublepost

              Comment


              • #8
                Re: RBS used a right of set off - advice needed please

                Yay, happy days for a change!!! Just received a letter from RBS and they have decided to uphold my complaint!!! they are repaying £418.30 back to my account and confirming that account will be fully settled!!!

                Comment


                • #9
                  Re: RBS used a right of set off - advice needed please

                  Brilliant, well done Robkeleuk.
                  "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                  I am proud to have co-founded LegalBeagles in 2007

                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                  Comment


                  • #10
                    Re: RBS used a right of set off - advice needed please

                    test post (ignore)
                    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                    I am proud to have co-founded LegalBeagles in 2007

                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                    If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                    Comment

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