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Historic bankruptcy and demand letters

movingforward2010
movingforward2010 Posts: 1,586 Forumite
Part of the Furniture 1,000 Posts Combo Breaker
edited 23 August at 6:16PM in Bankruptcy & living with it
In 2009 my house was repossessed and 40k was owed to RBS mortgages after it went to auction.  I declared myself bankrupt 2009 and the RBS mortgage was included in the BR. I was discharged in 2010.

Following this RBS continued to reported to the CRA’s I owed them the money.

In 2015 I complained to the financial ombudsman about this and they found in my favour and RBS removed this from my credit files - they’ve been free of this for the last 10 years.  

Today 23/08/25 I’ve received a letter from the RBS Financial Health & Support  stating 

Your account has been closed, but you are still responsible for paying us what you owe and Your outstanding balance of £-41,975.34 is due for repayment and Credit Reference Agencies will be updated with this information until it is repaid.”

 If you do not pay, we may take further steps to recover the amount outstanding, which may include selling this debt to a third party. In this situation, the third party will work with you to agree repayment of the debt. If your debt is sold and no arrangement is made to repay the amount outstanding, the debt purchaser may look to take legal action to recover the debt.”


As it’s 10 years later I don’t have any of my BR docs, any of the letters from
RBS or the financial ombudsman as I destroyed them a few years ago as I presumed the matter was resolved.

Can I get my discharge /BR docs from 15 years ago? Will the ombudsman still have any of my details etc from 10 years ago?  I’ve spent the last 15 years free from debt, building up my credit rating and I’m now concerned I’m going to have 41k debt on the next CRA update.

I’m not sure what to do? Any advice would be appreciated. Thank you.

Comments

  • Brie
    Brie Posts: 14,939 Ambassador
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    edited 24 August at 1:05PM
    Presumably RBS would have been sent a copy of the ombudsman letter finding in your favour.  Maybe you need to try a subject access request to get them to send them everything they have.  Either this will be an absolute stack of paperwork or it will be so little that it might prove they have no case after all these years.  

    edited to add - essentially this is a possible case to use a proveit letter as found on the debtfree wannabee board - it's on one of the top stickies.
    I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe, Old Style Money Saving and Pensions boards.  If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.

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  • Grumpelstiltskin
    Grumpelstiltskin Posts: 5,553 Forumite
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    Two choices, ignore the they know they haven't got a chance of getting a CCJ, they are hoping you will fall for it.

    Or refer them to the London Gazette where your bankruptcy is recorded  ( You can find in online )
    If you go down to the woods today you better not go alone.
  • movingforward2010
    movingforward2010 Posts: 1,586 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Brie said:
    Presumably RBS would have been sent a copy of the ombudsman letter finding in your favour.  Maybe you need to try a subject access request to get them to send them everything they have.  Either this will be an absolute stack of paperwork or it will be so little that it might prove they have no case after all these years.  

    edited to add - essentially this is a possible case to use a proveit letter as found on the debtfree wannabee board - it's on of the top stickies.
    Thank you. I’ve just done a SAR online with RBS!
  • movingforward2010
    movingforward2010 Posts: 1,586 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Two choices, ignore the they know they haven't got a chance of getting a CCJ, they are hoping you will fall for it.

    Or refer them to the London Gazette where your bankruptcy is recorded  ( You can find in online )
    Great, thank you , just found it on the London Gazette 
  • sourcrates
    sourcrates Posts: 31,703 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Send them a copy of that London Gazette entry, remember to tell them that bankruptcy is an all encompassing debt solution that covers all of your known or unknown debts.

    Then thank them for writing, and wish them good bye.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • ManyWays
    ManyWays Posts: 1,431 Forumite
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    You should also be able to get a copy of the FOS decision from FOS.
    I think you should complain to RBS about this, ask them to confirm that debt has been written off, for £100 compensation and say you will be asking for more if this has to go to the Ombudsman for a second time. 
  • movingforward2010
    movingforward2010 Posts: 1,586 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 24 August at 1:05PM
    ManyWays said:
    You should also be able to get a copy of the FOS decision from FOS.
    I think you should complain to RBS about this, ask them to confirm that debt has been written off, for £100 compensation and say you will be asking for more if this has to go to the Ombudsman for a second time. 
    I’ve found an email from the FOS that I was sent in 2015. I’ve replied to it with a picture of the letter and asking if they still have the documents from my complaint.  

    I found the letter I had yesterday quite threating and unpleasant, especially since I went BR 16 years ago and the complaint against RBS was 10 years ago!

    Am I able to just ask for compensation or do they have to offer it again?
  • Brie
    Brie Posts: 14,939 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I'd wait and see if they reply.  Then if they don't or if they dont respond how you want tell them you will complain to FOS,  And then see if they jump.
    I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe, Old Style Money Saving and Pensions boards.  If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.

    Click on this link for a Statement of Accounts that can be posted on the DebtFree Wannabe board:  https://lemonfool.co.uk/financecalculators/soa.php

    Check your state pension on: Check your State Pension forecast - GOV.UK

    "Never retract, never explain, never apologise; get things done and let them howl.”  Nellie McClung
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