Sweetrevenge's Hubby v RBS

[Sweetrevenge]

Re: Sweetrevenge's Hubby v RBS

Ok, I know it's been a long time since I posted, but it was a huge party!!!1

As an update, I sent off two letters to RBS asking for copies of Credit Agreements in January 2008. Heard nothing more until a couple of weeks ago - can you believe it, nine months to respond!!

Can anyone please comment on the default comments in the text of their reply:-

"We regret to advise that the loan agreement has been misfiled [there never was one, and nothing was signed by hubby] and despite searching of our records we have been unable to locate it. Our record of the setting up of the loan has insufficient detail to enable us to recreate the agreement with the required degree of certainty this course of action requires. [Not a big surprise is it?]

In the circumstances we appreciate that under s.77 (4) of the CCA if you decide not to meet your obligations under the loan as they fall due we will be unable to take steps to enforce payment of the loan. However we consider that you should continue to meet your obligations under the agreement bearing in mind that the agreement isn't void, it remains valid and your continuing default will be reported to the credit reference agencies. S. 77 (4) only prevents us from pursuing recovery of the debt through the courts."

Grateful for any help you can give on our position.

[Davy-m]

Re: Sweetrevenge's Hubby v RBS

Tell them if they place any entries on your credit file you will take legal advice regarding suing them for defamation of character.

Or, just ignore them and get a copy of you credit file from Equifax\Experian for the sum of £2 and see if they have actually carried out their threat. Then, if they have, threaten them with above.

Cheers

[WendyB]

Re: Sweetrevenge's Hubby v RBS

Hmmmm, methinks CB needs to have a look at this one........

if the account is in dispute they are not allowed to register defaults. and aren't they supposed to freeze charges/interest as well? or does the CCA thingy take precedence?

[Sweetrevenge]

Re: Sweetrevenge's Hubby v RBS

Wendy B and Davy thanks for having a look. I'll certainly send them a letter but am I on solid ground?

[WendyB]

Re: Sweetrevenge's Hubby v RBS

BUMP.. Can Curly have a look at this one please?

[Curlyben]

Re: Sweetrevenge's Hubby v RBS

I assume the response from RBS in #16 is about the loan agreement.
Well, as ever they are talking Bovine Excrement.
No agreement means they have NO legal right to process your data in that regard, so time to get it removed.

I'd have a read through this and action as needed: Remove Default Notices on a Credit File - We show you how | LearnMoney.co.uk

Might be a good idea to start from scratch and really hammer them.

[Sweetrevenge]

Re: Sweetrevenge's Hubby v RBS

Thank you so much for this. I'll get on it straight away.

[natweststaffmember]

Re: Sweetrevenge's Hubby v RBS

Curlyben, should the OP start from scratch again even though RBS have responded about the enforement aspect to it? Should the OP be asking for a copy of the default notice?

[Curlyben]

Re: Sweetrevenge's Hubby v RBS

Have a look at the link I posted and follow the advice therein.
The first letter asks for the agreement, default notice and any deed of assignment, hence my advice to start from scratch.
This way you can then hammer them with YOUR time frame and not there poultry attempts.

If at any point in the process they fail to respond, keep hammering away.
DON'T let up the pressure and force them into what you require.

Time frame for first letter response is 12 WORKING days and NOT 28 as stated.

[Sweetrevenge]

Re: Sweetrevenge's Hubby v RBS

Thanks Nattie and Curlyben, I've got the first letter in the process ready today.

Experian lists the loan account as defaulted on 4/6/05. My difficulty is that so far no 'dispute' has been registered against the loan account per se, although it has against the contributory and linked accounts.

To explain, in effect the loan account was consolidated from a previous joint loan and joint current accounts, the latter of which is in dispute because of charges. The linked account from which the loan was paid is hubby's Royalties Gold account which again is disputed re charges. The diagram posted by the lovely phoenix may help with this.

If the Loan account in question is 'unpursuable' will this be written off in terms of the amount RBS say hubby owes in total? And if that is the case are we entitled to stop paying the contribution through the CCCS, which have just gone up to £14.20 a month?

Last thing to note is that we started the reclaiming process against the gold account and the joint account in march 2007, and despite still paying through the CCCS, RBS nevertheless passed the whole debt (which now consists of the royalties account and the consolidation loan) to intrum justitia and then irwin mitchell in january 2008. We have received confirmation that they will not be pursuing the debt on the gold account, however there is no claim for charges against the loan account. I would argue that it is now in dispute given their inability to produce the credit agreement - would you agree?

thanks once again for any help you can give.

Sweet

[thephoenix]

Re: Sweetrevenge's Hubby v RBS

The diagram posted by the lovely phoenix may help with this.



thanks once again for any help you can give.

Sweet

awww bless... even after all this time

.... but someone has nicked the diagram

[Sweetrevenge]

Re: Sweetrevenge's Hubby v RBS

I don't know if I can upload it Phoenix but i'll give it a go.



I hope that works!:tinysmile_hmm_t2:

cheers

[Curlyben]

Re: Sweetrevenge's Hubby v RBS

Sweet, all looks very fishy indeed, but as mentioned previously by RBS, without the agreement they are stuffed.

[Sweetrevenge]

Re: Sweetrevenge's Hubby v RBS

Hi everyone, its taken some time but we've had a response from RBS:

"In your correspondence you queried the default on your credit file and have no recollection of receiving a Default Notice. I would like to confirm that the Default Notice was sent on 9th March 2005 to the following address: xxxxxxxxxxxxxxxxxxxxxxxxxxxxx. The Bank considers that this notice was served in accordance with the requirements of [s176(2)] of the Consumer Credit Act. The default was therefore registered correctly [and will not be removed from your credit file].

We are unable to reproduce this document as it is a system generated letter, therefore we are unable to supply a copy of the original default notice as requested. We enclose your postal order which is not required."

Can someone advise please???

thanks
Sweets
:santa_cheesy:

[Sweetrevenge]

Re: Bump - need some help please

can anyone answer my last post please?