Rbs and Incasso help

Kudox

I have been paying RBS overdraft debts as part of my DMP with CCCS since Oct 08 which they accepted.
Around the begining of this year I was contacted by there in-house debt collection team, Triton, requesting full payment, and I arranged with them a new payment plan on the same basis.
Then shortly after, out of the blue I was contacted by Incasso demanding the full amount or they would take me to court. I phoned Triton to try to get the action stopped since they had accepted the reduced payments, but I was still issued court papers which I filled in on the advice of CCCS and got issued with a CCJ to pay exactly the same amount I was paying originally.
I have paid this via CCCS since.
Today I got a letter from RBS saying I have stopped payments under my agreed plan and they are now going to issue a demand for full payment.
What should I do now? Should I even waste my time phoning RBS, or just wait and see what happens, surely they can't take me to court for the same debt twice?
Sorry this is complicated, appreciate any advice.

fatbelly

Kudox wrote: »

Today I got a letter from RBS saying I have stopped payments under my agreed plan and they are now going to issue a demand for full payment..

Have you stopped making the payments ordered by the court judgement?

It sounds like you have not - in which case you should object (in writing, keep a copy)

If you have stopped payments then you have defaulted on the judgement and the creditor can apply to have the debt enforced by charging order, attachment of earnings or (more commonly) bailiff action.

Kudox

OK I have phoned RBS today and they are saying the debt should not have been passed to Incasso, and that the judgement has been set aside so I should start to pay them again.
I asked for that to be put in writing obviously, not least because they obviously don't have a clue whats going on themselves.:rolleyes:
However if it is the case, does anyone know if they could take me to court in the future for this debt?

rog2

Kudox wrote: »

OK I have phoned RBS today and they are saying the debt should not have been passed to Incasso, and that the judgement has been set aside so I should start to pay them again.
I asked for that to be put in writing obviously, not least because they obviously don't have a clue whats going on themselves.:rolleyes:
However if it is the case, does anyone know if they could take me to court in the future for this debt?

Was it you or RBS who asked for the judgement to be 'set aside'? If RBS, then were you informed by the Court, of any application for 'set aside'?

It sounds decidedly 'iffy' to me.

Provided that you adhere to the terms of the original CCJ, then nobody should be able to take you to Court again for the same debt.

Kudox

Hi it wasn't me who asked for the judgement to be set aside so I guess it was RBS.
I haven't been informed by anyone.
I am paying the ccj but if it has been set aside then would they be able to get another one in the future?

rog2

Kudox wrote: »

Hi it wasn't me who asked for the judgement to be set aside so I guess it was RBS.
I haven't been informed by anyone.
I am paying the ccj but if it has been set aside then would they be able to get another one in the future?

You need to get hold of the office at the County Court, where the original judgement was issued, to check:

1. That the CCJ has, indeed, been 'Set Aside'
2. If so, by whom, and on what grounds
3. Why were you not informed by the Court?

You will, generally, find the Court Officers extremely helpful.

fatbelly

I think you should phone the court that granted the order and ask them what the status of the judgement is.

I suspect that it has not been set aside and so the judgement stands. I think you should be writing to RBS not phoning. Make them respond in writing and let's see what they are prepared to commit to print.

Kudox

Okay I'll do that, hopefully they'll be able to tell me if RBS can get another one in the future.
Thanks for your help

Kudox

fatbelly wrote: »

I think you should phone the court that granted the order and ask them what the status of the judgement is.

I suspect that it has not been set aside and so the judgement stands. I think you should be writing to RBS not phoning. Make them respond in writing and let's see what they are prepared to commit to print.

I am going to write to RBS as well, especially because of all the grief they've caused me over this, they have been the worst of everyone to deal with.
I have asked them to respond in writing but I'm not holding my breath.

Kudox

Ok, so I phoned the court and they have told me the CCJ has not been set aside nor has any application been made.
I have not heard from the bank even though I asked for it to be put in writing obviously they can't confirm it because it's a complete lie.
I'm going to put in a very strong complaint, if I hadn't questioned it and started to pay them again I would have broken the terms of the CCJ which would not have been a great situation to be in.

Kudox

Anyone think it's worth me complaining to the ombudsmen about this, should I write to RBS first?