Help With RBS Loan

-MRS_T-

Hello

I am hoping someone could give me some advice please. I will try and explain the situation as simply as I can.

My husbands step mum died recently and we have since found out that she had racked up almost 30k worth of debt without her husband knowing about most of it. Anyhow one of the large loans is appx £15,000 with the royal bank of scotland. We are unsure as to how they gave her this loan as she hasnt worked to due to ill health since she was in her 20s and her husband is retired. So we asked the bank for a copy of the agreement as it is seemingly in both names and my father in law knew nothing about it and doesnt remember signing any paperwork.
The bank have came back to us after weeks of searching to say they cannot find the original paperwork.

Anyhow I was reading the thread unenforceability template letters thread and was wondering if the first template letter there would be suitable to use to ask for a copy of the original credit agreement.

Unenforceability Thread Link

We are unsure as to where my father in law stands with this so we are going to seek professional advice.

I would appreciate any advice that anyone could give me.

ps sorry for the long post

GeorgeUK

Sorry for your loss.

For the agreement to be unenforcable, i think the credit agreement for the loan amount would need to have been less than 25k. Also if they were to try to go to court to get payment, they would need to produce a copy of the original agreement for the judge.

I would send a subject access request (SAR-cost £10) to see exactly what information they do hold on your father. Not sure if the executor of your mothers estate will be able to do the same on her behalf.

-MRS_T-

GeorgeUK wrote: »

Sorry for your loss.

For the agreement to be unenforcable, i think the credit agreement for the loan amount would need to have been less than 25k. Also if they were to try to go to court to get payment, they would need to produce a copy of the original agreement for the judge.

I would send a subject access request (SAR-cost £10) to see exactly what information they do hold on your father. Not sure if the executor of your mothers estate will be able to do the same on her behalf.

Hi George

Thanks for your reply. The loan is for appx 15k so it is under the 25k. I will search the forum for the sar you suggested and get the template letter hopefully.

Unfortunately she did not make a will and this is proving to be a problem.

Thank you for your help its much appreciated.

DarkConvict

SAR - http://forums.moneysavingexpert.com/showpost.html?p=11753093&postcount=9

Was it a joint loan, if not i believe they can only persue your nan for it, as such whatever assets she has can be used to pay of the debt. As such the debts must be paid before the will is executed (paid to benifiacries). I would seriously consider ringing both national debtline and a solicitor.