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Update Charging Order.....Advice Please

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Comments

  • Right having sent off the CCA request last Saturday today Monday we receive an envelope from RBS that contained our bank/account statements a compliment slip attached with handwritten note on it stating "Your statements as requested." Ummmmm I don't think so. Are they seriously thinking they can fob me off as that being compliant with a CCA request?
    The 12 +2 expires this Saturday. It maybe they will send the CCA under seperate cover before then but seems odd they would do that.
    I will obviously send the follow up letter next week if the CCA has not arrived basically putting the account in default.
    What do you guys think?
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    The 12 +2 expires this Saturday. It maybe they will send the CCA under seperate cover before then but seems odd they would do that.
    I will obviously send the follow up letter next week if the CCA has not arrived basically putting the account in default.
    What do you guys think?

    Yes, do that, Uww.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • bobdauilda
    bobdauilda Posts: 791 Forumite
    Thanks Rog,
    Only sent the CCA off a couple of days ago. Was under the impression RBS were playing ball as it were been accepting DMP payments for over 6 Months then out of the blue the solicitors letter turns up demanding full payment or installments £200 over what we are paying on DMP. Had not CCA'd them previously as did not want to upset the apple cart thought they were onside.
    Have spoken to DMP Manager(Very Good) who has attempted to reason with RBS/Solicitors but argument/s not to pursue CCJ fell on deaf ears.
    Is it best to attend court in person to put our case forward. Basically we are already paying via DMP have been for over 6 months, only £80 ish off the contractual payments and feel we can increase the amount paid in time.

    10past6- sorry to bother you again but it looks like applying for the CCAs before the DMP is set up could be detrimental as to how they deal with the situation.
    The post above seems to show this so does your advice from Friday still stand?
    Happiness is wanting what you have, not having what you want.

    Primum non noce!
  • bobdauilda wrote: »
    10past6- sorry to bother you again but it looks like applying for the CCAs before the DMP is set up could be detrimental as to how they deal with the situation.
    The post above seems to show this so does your advice from Friday still stand?

    Hi,
    I think you have misunderstood my post:o I sent a CCA request a week ago after RBS commenced with threats of litigation on our accounts that have been in a DMP for over 6 months. Basically whilst they were accepting the payments i had no need to cause a scene. Now they seemed to have moved the goal posts and think they can do as they like whenever they like i have had little choice but to fight back at their dispicable behaviour.
    For me although happy with the DMP it does show that the warnings about it not being legally binding etc should be noted.
    Whatever route you take it appears they want to frustrate genuine efforts at resolution. If 10 past 6 suggested requesting a CCA i would take that advice. It is your legal right and has no bearing on what they may or may not do down the line. Besides if they can't comply it puts you in a stronger position.
    All the best
  • bobdauilda
    bobdauilda Posts: 791 Forumite
    Thanks for clarifying that for me uselesswithwonga. seems like theres definitely a need for a revision of the current setup of debt management in the UK with more legal protection. It seems like the government would prefer people to become insolvent than genuinely help those who are currently struggling on dmps.
    Happiness is wanting what you have, not having what you want.

    Primum non noce!
  • No problem:D I'm already insolvent:o but i'm making real efforts to get the debts paid off but RBS just want to turn my unsecured debt into a secured debt by way of a Charging Order and won't deviate from this course of action as unwarranted as it is:mad:
    I am now prepared to fight them tooth and nail. If they had left us alone we would happily have carried on paying until the debt was satisfied. As it is they have sought a scrap and i'll give them one. I intend to dispute everything and put them under strict proof of everything they claim.
    I may lose but i'll not go down without a fight. There is no choice either lay down and accept their carp or face them and fight.
  • bobdauilda
    bobdauilda Posts: 791 Forumite
    No problem:D I'm already insolvent:o but i'm making real efforts to get the debts paid off but RBS just want to turn my unsecured debt into a secured debt by way of a Charging Order and won't deviate from this course of action as unwarranted as it is:mad:
    I am now prepared to fight them tooth and nail. If they had left us alone we would happily have carried on paying until the debt was satisfied. As it is they have sought a scrap and i'll give them one. I intend to dispute everything and put them under strict proof of everything they claim.
    I may lose but i'll not go down without a fight. There is no choice either lay down and accept their carp or face them and fight.

    Sorry I meant officially insolvent ie bankrupt
    Happiness is wanting what you have, not having what you want.

    Primum non noce!
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    bobdauilda wrote: »
    Sorry I meant officially insolvent ie bankrupt

    Like me :rotfl::rotfl:

    And yes by the Government - well HMRC to be exact, but it's the Civil Service that run the Country. :rolleyes:

    Or should that read 'ruin'? :confused:
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • bobdauilda wrote: »
    Sorry I meant officially insolvent ie bankrupt

    I know, sorry I was being flippant;)
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