Help Reclaiming charges and resultant CCJ

Hi I wondered if anyone can help, about 7 years ago I got myself into a financial mess with 2 RBS credit cards and an RBS student account, I ended up with countless charges, so being 'helpful' the RBS encouraged me to take out a loan I couldn't afford to clear the debt in the current account and on the Credit Cards which I did.... I could afford the payments and did the usual of burying my head in the sand. I got myself some help with the CCCS and got a debt management plan set up, the CCCS made an offer to the RBS which they rejected and then they lodged a CCJ against me ad I eventually ended up paying them the same amount as the original proposal from the CCCS. I can't help think that I have been treated unfairly here, though I do very much regret burying my head in the sand....
I feel like my life is on hold until the CCJ is off my file in 2011.

My financial position is much healthier now, but I'm treated like a leper by many financial institutions due to the CCJ

Is there any advice anyone can give me......?

Comments

  • esmerellda
    esmerellda Posts: 2,237 Forumite
    Hiya

    Well it does sound like you have managed well with what you have had to work with so far. Well done for getting sorted with CCCS - its not at all unsual for them to go for a CCJ at same rate CCCS were paying. just gives them security.

    You say the original loan was pretty much caused by late payment, overdraft etc charges on your bank accounts and credit cards with RBS ?

    You can still reclaim the charges, depending on the figures then you may be able to try to get the ccj overturned as the loan was to pay unlawful charges and you should never have been sold it in the first place.

    Fair way to go before we can say whether thats an actual viable option, but I would do a comprehensive SAR (subject access request) on RBS to get your transactions from all the accounts and find out exactly how much you were charges and how that equates with the amount of the loan you were forced into.

    Hope that helps for the moment..
    LegalBeagles
  • Thanks for the advise will get on to RBS and start investigating

    Thanks again : )
  • borgbaiter
    borgbaiter Posts: 600 Forumite
    hi

    i would add you need a full SAR and to send £10 to pay for this. DO NOT just use the template letter off here regarding bank charges. You need all the information they have regarding all your accounts, correspondance internal reports etc etc, not just the statements.


    Borgbaiter
    claimed/settled - Natwest £2,535/£2,535, HSBC visa £80/£80, MBNA £1,258/£1,258, capital one £282/£282, tesco visa £515/£515, HSBC visa £140/£140. HSBC £1,450 MCOL Stayed for OFT case. Chelsea Mortgage charges & cashback £5000/£672. complaints with banks pending OFT Halifax £30, A&L £35. TOTALS £11,325/£5482
  • Does any one have a template letter for a full SAR getting nowhere with RBS

    Please help : )
  • Orford
    Orford Posts: 2,199
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    Dear Sir/Madam
    Your name:
    Account No/ No’s xxxxxx
    DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST
    I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts And or credit cards
    Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and or credit cards, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:
    • Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.
    • A complete list of all transactions or statements relating to ALL of my Loan Accounts and or credit card with your organization.
    • Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
    • Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.
    • Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
    • Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.
    I enclose a cheque in the sum of £10 to cover your fee.
    IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION.
    I look forward to hearing from you in the first instance of receipt.
    Yours faithfully

    Your name
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