Help with RBS CC and Bryan Carter

[davids3511]

Hi All

I have a huge amount of debt and it is beginning to catch up with me. My situation is as follows -

• 30k owed to RBS over 3 cards (all opened between 1999 and 2001)
• 16k owed to RBS on overdraft in my name only
• 6k owed to RBS on overdraft in joint names with my partner
• 5k owed to MBNA (sold on to MAX Recovery)
• 5k owed to Halifax on a credit card

About a two years ago a DCA for RBS chased us hard for the joint debt, agreed a full and final of 50% over 3 payments. Two small c. £150.00 each and one big c. £2700. We made the first payment and then the DCA pulled out of the agreement saying RBS had taken the debt from the DCA and the agreement was no longer valid (w didn't get it in writing). I have no idea why but they have not chased us for this debt since.


I have had alot of correspondence from different DCA's regarding one RBS cc but have so far ignored them. However, Bryan Carter are now on the case and have begun threatning legal action. I do not have the money to pay but could scrape 1-2k together. As the debt is so huge I can't see a DMP working, it would never be finished.

I am

• prepared to take the ccj
• prepared to go bankrupt to escape this debt mountain
• happy to go after cca's and soch like
• not a home owner
• not in posession of any realisable assets
• afraid that if I do go bankrupt RBS will begin to chase again my partner

If I could string this out for another year we would be in a much better position to deal with the joint debt as my partner will be made redundant in the next year or so with a substantial payout.

What do I do. Any help would be much appreciated.

[seduraed]

Re: Help with RBS CC and Bryan Carter

if the debt is your name only then no one can chase your OH for the debt. Have you thought of starting an arragement with the creditors and paying what you can and then when the OH gets the payout offer full andfinal payments. I'm no expert but that may be way forward . REmbember that bankruptcy CCJstays on your record for six years .

[Angry Cat]

Re: Help with RBS CC and Bryan Carter

RBS, allowed you to run up a debt of £46K plus an overdraft in joint names of £6K?

But you state that you are not a home owner and;
not in possession of any realisable assets!

[davids3511]

Re: Help with RBS CC and Bryan Carter

RBS, allowed you to run up a debt of £46K plus an overdraft in joint names of £6K?

But you state that you are not a home owner and;
not in possession of any realisable assets!

Yes, that is correct. Plus there is a consolidation loan of 3k I forgot about so in total RBS are owed £55k over 3 credit cards, two overdrafts and one loan.

[Angry Cat]

Re: Help with RBS CC and Bryan Carter

[/Quote] by davids3511:
...then the DCA pulled out of the agreement saying RBS had taken the debt from the DCA and the agreement was no longer valid (w didn't get it in writing). I have no idea why but they have not chased us for this debt since[/Quote]

http://www.oft.gov.uk/shared_oft/bus...al/oft1107.pdf

[Angry Cat]

Re: Help with RBS CC and Bryan Carter

Reckless and Irresponsible Lending by The Royal Bank of Scotland!

[Quote] by Vince Cable circa 2003:
"Something is seriously wrong when a reputable bank, like the Royal Bank of Scotland, can send out a gold card with a £10,000 credit limit to a dog called Monty.”
On another occasion in 2003 he asked Gordon Brown about banking regulation:
“Can the Chancellor confirm that one of the objectives of risk-based regulation… is the prevention of dangerous booms and busts in bank lending? Will he therefore explain why, at a national level, no one is taking responsibility for the often reckless debt promotion by the leading banks and credit card companies?
“The Government and the regulators are either blind or asleep where the banks are concerned,” he added.[End Quote]
------------------------------- merged -------------------------------
Ask, B Carter to put up or, shut up!

It is you who has to take the reins, make CCA requests and SAR requests.

[davids3511]

Re: Help with RBS CC and Bryan Carter

Reckless and Irresponsible Lending by The Royal Bank of Scotland!

Ask, B Carter to put up or, shut up!

It is you who has to take the reins, make CCA requests and SAR requests.

I am not sure how to go about that. I have read this site and others for hours and it appears a cca request will be met with something the bank can splice together and tell you that it is a good copy of what you were provided with at the time.

Do I really need to go with an SAR as that should include all they have on me, including the original credit agreement if they have it? If the SAR package arrives and thEre is no original credit agreement can I assume they don't have it and go for settlement on a much lower amount due to UE?

Thanks for your help. It lifts the weight off a little to know others care enough to reply at nearly 12 on a sat night, so thanks again.
------------------------------- merged -------------------------------
Also, is there a library of these letters. I keep seeing a 'prove it' letter mentioned but can't find it.

[davids3511]

Re: Help with RBS CC and Bryan Carter

[quote=Angry Cat;193335]Reckless and Irresponsible Lending by The Royal Bank of Scotland!

by Vince Cable circa 2003:
"Something is seriously wrong when a reputable bank, like the Royal Bank of Scotland, can send out a gold card with a £10,000 credit limit to a dog called Monty.”
On another occasion in 2003 he asked Gordon Brown about banking regulation:
“Can the Chancellor confirm that one of the objectives of risk-based regulation… is the prevention of dangerous booms and busts in bank lending? Will he therefore explain why, at a national level, no one is taking responsibility for the often reckless debt promotion by the leading banks and credit card companies?
“The Government and the regulators are either blind or asleep where the banks are concerned,” he added.[End Quote]
------------------------------- merged -------------------------------
Ask, B Carter to put up or, shut up!

It is you who has to take the reins, make CCA requests and SAR requests.

I remember once, when I was looking for the consolidation loan the girl typed my details in, including the other credit cards I had with them and the computer said 'no'. She re did it again, left one of the cards off this time an I got my consolodation loan!

[Angry Cat]

Re: Help with RBS CC and Bryan Carter

I am not sure how to go about that. I have read this site and others for hours and it appears a cca request will be met with something the bank can splice together and tell you that it is a good copy of what you were provided with at the time.

Do I really need to go with an SAR as that should include all they have on me, including the original credit agreement if they have it? If the SAR package arrives and thEre is no original credit agreement can I assume they don't have it and go for settlement on a much lower amount due to UE?

Thanks for your help. It lifts the weight off a little to know others care enough to reply at nearly 12 on a sat night, so thanks again.
------------------------------- merged -------------------------------
Also, is there a library of these letters. I keep seeing a 'prove it' letter mentioned but can't find it.

As your agreements are issue date(s) 1999 - 2001, they cannot just send you a reconstituted credit agreement without also sending the inception T&C's of same.
The Terms & Conditions have to be the correct isssue relating to the time that you opened the account(s).

It is always worth making a FULL SAR and you are perfectly entitled to do so!
------------------------------- merged -------------------------------
Dear Sir/Madam

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I/we look forward to your reply.

Yours faithfully


Read more at: Dealing with DCA's - Legal Beagles Consumer Forum

[PriorityOne]

Re: Help with RBS CC and Bryan Carter

I am not sure how to go about that. I have read this site and others for hours and it appears a cca request will be met with something the bank can splice together and tell you that it is a good copy of what you were provided with at the time.

Agree.... that a CCA request will be met with the normal generic response these days, but IMO, you need to send CCA requests anyway (where applicable and by rec, delivery). The point is is not whether they comply or not.... but whether they're willing to confirm/deny the existence of a properly signed Agreement (CCA 1974, CPUTR 2008); enforceable through the courts. Due to the age of the accounts, there's a possibility that the RBS ones have veen amalgamated into one account anyway.... which you can pull them up about very nicely if they get *****ty with you.

If they don't/can't, then it puts the ball in your court re. low F&F settlement, if that's the way you want to go.

:-)

[ODC]

Re: Help with RBS CC and Bryan Carter

Bryan Carter WILL issue a summons through Northampton. He does this as a matter of form. The only way to beat this odious little man is to fight him. He always backs down from a fight. If he does get judgement against you its usually only for his fees which is of course against the rules. The good thing about this is that once he has got one judgement against you for a debt he cannot have a second bite at the cherry

[davids3511]

Re: Help with RBS CC and Bryan Carter

Bryan Carter WILL issue a summons through Northampton. He does this as a matter of form. The only way to beat this odious little man is to fight him. He always backs down from a fight. If he does get judgement against you its usually only for his fees which is of course against the rules. The good thing about this is that once he has got one judgement against you for a debt he cannot have a second bite at the cherry

What constitutes fighting him though. Will a cca request and possibly no valid cca be enough. From the looks of it judges seem to make it up as they go along and are not all that interested in whether the cca is UE or not.
------------------------------- merged -------------------------------
If he does try to split the debt, would it be enough to point out it is not allowed on the defence? Would that be enough to get it thrown out?

[davids3511]

Re: Help with RBS CC and Bryan Carter

Agree.... that a CCA request will be met with the normal generic response these days, but IMO, you need to send CCA requests anyway (where applicable and by rec, delivery). The point is is not whether they comply or not.... but whether they're willing to confirm/deny the existence of a properly signed Agreement (CCA 1974, CPUTR 2008); enforceable through the courts. Due to the age of the accounts, there's a possibility that the RBS ones have veen amalgamated into one account anyway.... which you can pull them up about very nicely if they get *****ty with you.

If they don't/can't, then it puts the ball in your court re. low F&F settlement, if that's the way you want to go.

:-)

Not sure what this means?

[Angry Cat]

Re: Help with RBS CC and Bryan Carter

You have a legal right under the Consumer Credit Act 1974, to make a request for information; sections 77, 78 or 79

You also have a legal right under the Data Protection Act 1998, to make a subject access request.

IMO, the wise would make make both requests!

Send by recorded delivery;
keep copies of letters and the postal orders and;
mark the postal orders: CCA or, SAR statutory fee ONLY (as applicable)

[ODC]

Re: Help with RBS CC and Bryan Carter

You have a legal right under the Consumer Credit Act 1974, to make a request for information; sections 77, 78 or 79

You also have a legal right under the Data Protection Act 1998, to make a subject access request.

IMO, the wise would make make both requests!

Send by recorded delivery;
keep copies of letters and the postal orders and;
mark the postal orders: CCA or, SAR statutory fee ONLY (as applicable)

CCA costs £1 and should be sent to Mr Carter

SAR costs £10 and should be sent to the lender