RBS Default Help!!!!!!!

nikki2975 · 24 January 2010 at 11:17PM

I've had a Default added to my credit file for my RBS account.

The balance was made up of bank Charges which with the help of the FOS i've managed to get back through the financial hardship route.

I have previously sent a CCA request for a copy of the default as i never received the original but they wrote to me saying they don't have to provide it but it was sent to me.

Whilst i had my complaint in with the FOS they told me there was nothing they could do about the default and that i'd have to deal with RBS directly which so far has got me nowhere.

I'd really appreciate some advice about what i should do next.

Thanks

Nikki

pendle68 · 25 January 2010 at 8:07AM

hi there
can you get some help through the FOS? i got a letter from the halifax saying that they cant help.
thank for the advise
lol
pendle

never-in-doubt · 25 January 2010 at 8:30AM

Same answer as I gave here: Capital One Default Help!!!!!!

Official line is:

Section(s) 87 & 88 of the CCA 1974 are quite clear, I quote:

s.87 - Need for default notice

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,

(a) to terminate the agreement, or
(b) to demand earlier payment of any sum, or
(c) to recover possession of any goods or land, or
(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or
(e) to enforce any security.

(2) Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.

(3) The doing of an act by which a floating charge becomes fixed is not enforcement of a security.

(4) Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.

s.88 - Contents and effect of default notice

(1) The default notice must be in the prescribed form and specify

(a) the nature of the alleged breach;
(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;
(c) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

(2) A date specified under subsection (1) must not be less than seven days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those seven days have elapsed.

(3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the seven days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

(4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.

(5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

Subsequently, s.87(1) of the CCA1974 clearly states that a default notice must be served before the creditor or owner can become entitled, by reason of any breach by the debtor. As they have failed to, and continually ignore my request to, send a default notice to me then they are in clear breach.

nikki2975 · 25 January 2010 at 4:20PM

pendle68 wrote: »

hi there
can you get some help through the FOS? i got a letter from the halifax saying that they cant help.
thank for the advise
lol
pendle

I did mention it on my FOS complaint form but they said i had to deal with RBS directly and that there was nothing they could do.

Yeah right
Lol

never-in-doubt · 25 January 2010 at 4:26PM

nikki2975 wrote: »

I did mention it on my FOS complaint form but they said i had to deal with RBS directly and that there was nothing they could do.

Yeah right
Lol

If you've gone to the FOS and they have made a ruling you will not be able to take this any further. Just let it go.

nikki2975 · 3 April 2010 at 10:04PM

Hi, it wasn't a ruling, they only ruled on the charges. I did put it in my complaint but they never looked into it.

The adjudicator who was dealing with it told me over the phone when i mentioned it that i had to go to RBS directly.

Thanks

Nicole

RBS Default Help!!!!!!!

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