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Hi, firstly I'm not sure if I'm on right category & if I'm not can anyone move it to where I'll get answers? Secondly I apologise for the length, but would like you to understand the background. Here goes....
We had a current acct mortgage with RBS which we repaid when we remortgaged Dec 05. A few days before we completed my wife took a call from them saying they were checking our 2 loans were being repaid also. When my wife said no they said as the acct was being closed as it was a cam, they would have to set up the payments to go to credit management in Scotland & this would be sorted in the new yr. In Jan my wife rang & was told the payment for both was £250 mth taking into acct some arrears added from the closure of the bank acct to then (the prev amounts were £136 odd +£97 odd) anyway that was accepted & she pd by dc & gave our new bank details for a dd to be set up.
Never heard from them but in Ap my wife realised no payments had gone out of her bank. She rang & was told no dd had been set up as they couldn't do it over the phone, my wife argued that they'd let her think she had & they said it was a common problem! She then checked her credit files & they'd added 2 loans on which were duplicate ones for the ones held at branch. She rang & asked for the incorrect information to be removed as it looked like she'd 4 accts & also asked for a settlement figure as we were in a position to repay & we did in late May. In June 06 she checked the credit files again only to see nothing had been changed so she wrote in to them. We received a letter a few days later that was just headed "Accounts" no numbers, but it stated they had now updated all credit files. She checked again & 3 had been removed completely & 1 had been marked as satisfied.
That's the story. Unfortunately my wife had a nervous breakdown in 2007, & as she'd always been the one to look after things has tried since. I didn't realise how difficult she was finding things. but i've just found unopened letters stuffed in bags going back to 07 she says she wasn't hiding them but just put them into bags until she felt she could deal with them. Amongst them was a ccj in default in sept 09 for a debt to RBS!
I wrote to RBS (inc my wife's authorisation) on 24 aug (rec - it was delivered 26th) stating all above & asking them how this debt could be & sent all copy letters & even credit files from the time showing no debt. I had no reply. After I sent the 1st letter we got new credit files & the plot deepens as it shows as a ccj on both experian & equifax but one of them says satisfied & the other doesn't! Nothing has been pd AFTER the ccj was granted - the ccj has just come to light!!
I then sent a 2nd letter urging them to reply & sent the new credit files & stated that they had not even acknowledged my letters. I also added that if I have no response by 21/09 as I believe 28 days is long enough, I would deem this to mean they have no proof of the debt & would apply to the courts to have the judgement set aside.
I don't know if I should have put the last bit cos can't afford the £75 fee at mo, but I thought it would force them to react. I do think we would get it set aside though after reading the reasons that you need, my wife's gp has already stated he would write on her behalf re her illness & her not completing any court papers.
I still can't believe they've not replied, but as i say I am new to dealing with these things. I'd be grateful if any of you could point me in right direction, spinning round at the moment!!
We had a current acct mortgage with RBS which we repaid when we remortgaged Dec 05. A few days before we completed my wife took a call from them saying they were checking our 2 loans were being repaid also. When my wife said no they said as the acct was being closed as it was a cam, they would have to set up the payments to go to credit management in Scotland & this would be sorted in the new yr. In Jan my wife rang & was told the payment for both was £250 mth taking into acct some arrears added from the closure of the bank acct to then (the prev amounts were £136 odd +£97 odd) anyway that was accepted & she pd by dc & gave our new bank details for a dd to be set up.
Never heard from them but in Ap my wife realised no payments had gone out of her bank. She rang & was told no dd had been set up as they couldn't do it over the phone, my wife argued that they'd let her think she had & they said it was a common problem! She then checked her credit files & they'd added 2 loans on which were duplicate ones for the ones held at branch. She rang & asked for the incorrect information to be removed as it looked like she'd 4 accts & also asked for a settlement figure as we were in a position to repay & we did in late May. In June 06 she checked the credit files again only to see nothing had been changed so she wrote in to them. We received a letter a few days later that was just headed "Accounts" no numbers, but it stated they had now updated all credit files. She checked again & 3 had been removed completely & 1 had been marked as satisfied.
That's the story. Unfortunately my wife had a nervous breakdown in 2007, & as she'd always been the one to look after things has tried since. I didn't realise how difficult she was finding things. but i've just found unopened letters stuffed in bags going back to 07 she says she wasn't hiding them but just put them into bags until she felt she could deal with them. Amongst them was a ccj in default in sept 09 for a debt to RBS!
I wrote to RBS (inc my wife's authorisation) on 24 aug (rec - it was delivered 26th) stating all above & asking them how this debt could be & sent all copy letters & even credit files from the time showing no debt. I had no reply. After I sent the 1st letter we got new credit files & the plot deepens as it shows as a ccj on both experian & equifax but one of them says satisfied & the other doesn't! Nothing has been pd AFTER the ccj was granted - the ccj has just come to light!!
I then sent a 2nd letter urging them to reply & sent the new credit files & stated that they had not even acknowledged my letters. I also added that if I have no response by 21/09 as I believe 28 days is long enough, I would deem this to mean they have no proof of the debt & would apply to the courts to have the judgement set aside.
I don't know if I should have put the last bit cos can't afford the £75 fee at mo, but I thought it would force them to react. I do think we would get it set aside though after reading the reasons that you need, my wife's gp has already stated he would write on her behalf re her illness & her not completing any court papers.
I still can't believe they've not replied, but as i say I am new to dealing with these things. I'd be grateful if any of you could point me in right direction, spinning round at the moment!!
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