Were RBS in the wrong to take me to court?

GazW

Going to try and keep this short.

I have a debt with RBS going back around 12 years or so. Original debt was for £12.5k but I now owe £30k because of interest and PPI.
I was sent a CCJ in 2007 to order me to pay £5 a month which I have kept to.

However, in 2006 when they were contacting me I wrote them a letter asking for my CCA. I can't find the letter now (think it may have been on old computer and didn't keep a copy) but they wrote back to me, and I have got their letter, stating that they couldn't find the CCA.

In 2007 as I said they obtained a CCJ against me for £5 per month which I have always paid and on time.

I've had problems with them again recently ringing/writing threatening letters and once again looked into the CCA thing and found of the Office of Fair Trading website something that says if they cannot/have not provided you with your CCA then they cannot obtain a court ruling against you (or words to that effect, I can't access the website at the moment, it's down for maintenance).

So, were they wrong to take me to court when I had requested my CCA and they couldn't provide it?

My latest letter back to them I have had to send proof that I have made 4 payments that they have said I have missed, which I have done. I have also sent another request for my CCA, and asked them to look into the PPI mis-selling and interest (£15k in interest can't be right surely???). Anyone want to give me some advice on where to go from here and whether I should continue to pay them?

Thanks for any advice.

Sparklyfairy

Hi, it would have been unenforceable - but as they went for a ccj & obtained judgement - it's too late for this to be overturned, I'm afraid. However, it's not too late to claim your mis sold ppi. I'd take a look at allaboutdebt forums - but there's really little you can do now other than claim for the ppi.

erdd2

Is RBS continuing to add interest?

GazW

erdd2 wrote: »

Is RBS continuing to add interest?

No they stopped when the judgement was obtained.

Oh well, was worth a try.

Is there anything else I can do now regarding the CCA? What would be likely to happen if I stopped making payments and it was taken back to court?

chanz4

you would get court baliffs, once a ccj is issued they hold all keys

erdd2

You are probably well out of time to Appeal the judgement and stuck with it. It does however appear that RBS are mis managing the collection and this is creating unnecessary stress/hassle/grief for you. Hopefully someone here in the know can point you in the direction of how best to handle this.

GazW

erdd2 wrote: »

You are probably well out of time to Appeal the judgement and stuck with it. It does however appear that RBS are mis managing the collection and this is creating unnecessary stress/hassle/grief for you. Hopefully someone here in the know can point you in the direction of how best to handle this.

I hope so. Not sure what's best to do with this debt, fight it to get the interest reduced and PPI removed or just accept that I will have to pay it, seems unfair though with the amount of interest and PPI

erdd2

GazW wrote: »

I hope so. Not sure what's best to do with this debt, fight it to get the interest reduced and PPI removed or just accept that I will have to pay it, seems unfair though with the amount of interest and PPI

Have you approached any of the firms advertising ppi misselling investigations....you make a call...they do the work...and although they will take a payment/percentage if they obtain a result....what have you to lose?

I too would be questioning the interest, does seem excessive but I am too brain dead to calculate...plus need to know if interest compound or otherwise

GazW

erdd2 wrote: »

Have you approached any of the firms advertising ppi misselling investigations....you make a call...they do the work...and although they will take a payment/percentage if they obtain a result....what have you to lose?

I too would be questioning the interest, does seem excessive but I am too brain dead to calculate...plus need to know if interest compound or otherwise

I haven't contacted anyone no, because the PPI is included in the debt.

I have no idea on the interest rates etc or even what was charged when and why, I know it was probably the wrong thing to do to not to go to court when they sent the paperwork but I was scared to go and now I'm kicking myself for not doing it.

The thing is I'm making the agreed payments and on time and I can't afford to pay anymore right now (wife is a stay at home mom to our 8 month old daughter, I was unemployed when the original judgement was made which is why it's only for a fiver) but they keep on sending threatening letters and calling etc and it's really putting a strain on things at home I know they have a job to do but they're pretty much hounding me (I even threatened to complain to the financial ombudsman and they even continued to write while they were "investigating") and it's all for nothing, they think I've missed payments which I haven't missed! Hopefully once the proof is received by them (sent today) then they'll see they're in the wrong.

GazW

If this went back to court would it be a case of baillifs straightaway or would it be referred back to a judge first so I could argue my case?

GazW

And any idea what would happen if I applied to get the judgement set aside based on what I have said here? I'm finding lots of things on the net now, if only I'd dealt with this sooner