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How do I deal with this????
Lilly_May_2
Posts: 139 Forumite
Hello, help needed please, I reclaimed £1500 bank charges back from the Royal Bank of Scotland, I sign and returned the form, but....I keep getting letters from the debt recoverly Company, saying I own them £1500, I have send a copy of my agreement with RBS to them and explained I accepted the £1500, I also wrote a letter, saying it was up to the debt Company to come to some sort of arrangement with RBS, but I am still get letter saying you own us £1500!!! grrr...the £1500 was all due bank charges, so I actually never received anything back, just the slate was wiped clean.... but according to the Debt recoverly I still own them! £1500, how do I deal with them, as I am getting really feb up with them now, is there any threating Lol letter I can send them?, all replies, gratefully received...thanks.....Lilly :mad:
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Comments
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Send this letter:You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself.
I must admit that I am rather bemused as to why this account has been passed to yourselves, as it has been settled with your client, the Royal Bank of Scotland, and has been since DATE xx/xx/xx.
I would point out that I have no knowledge of any further debt being owed to you client
I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.
I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.
Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.
Now I would respectfully suggest that this account is returned to RBSfor resolution as ** DCA** cannot lawfully pursue any enforcement activities.
If ** DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.
I would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.
I await your written confirmation that this matter is now closed.
I look forward to your reply.
Yours faithfully0 -
There really isnt alot more you can do. You have accepted what RBS has offered, you have told the debt collectors that you have agreed it with RBS. The Debt collection agency are only annoyed that they have not managed to get the money from you thus getting their %.
Just write to them again and RBS stating the facts and then it is down to RBS to contact the DCA to reslove it.
How are the DCA contacting you?
If its by phone you can quote something about harrasment (look this up there is a legal statement you can say to them over the phone) and that you will only respond to letters. If they keep contacting you by phone then they can be reported.
I had the same with LLoyds and got phone calls from the debt collection agency on a case that i had taken to court, i accepted their offer, contacted Lloyds and the DCA and told them to deal with each other as as far as i am aware the matter is resolved and I do not acknowledge the debt.
Keep all copies of letters sent and send recorded post.
Keep a list of all phone calls from the DCA and who you are speaking to.
Hopefully this will spur them into actually updating your file.I all have learnt is from others on many sites.
Seek legal help if unsure.
Dont pay Private Parking tickets - they are mere invoices.
PRESS THANKS
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