RBS unenforcibility query.

[mike'y]

Re: RBS unenforcibility query.

A small update. The Stays been lifted and we're approaching the mediation stage. I've finally had a letter from RBS at Southend informing me that there is no legal requirement for them to provide me with a copy of the default notice. They refer to the date (on their systems) it was sent instead. Has anybody got a copy of a default notice issued around about july 2012 that I could look at? To see if it's in the correct format. Thank you.

[mike'y]

Re: RBS unenforcibility query.

Time for an update on this thread methinks and it may need moving to another place although I'm not sure about that.

The matter went to court and the judge who laid down the hearing date stipulated that the original documents should be produced. I went to the hearing and the judge I got wasn't interested in them not being present. nor was she interested in the civil procedures rules practice directions 16. She was hostile, asked me a few questions and entered judgement against me. Anyway, moving on Bryan Carter sols seem really keen to have me sign up to token monthly payments. I could do this for the time being. I initially suggested they could place a charge on my property and collect the money later but they weren't interested in that option. Is there anything I should be aware of before making monthly payments? Thankyou.

[mike'y]

Re: RBS unenforcibility query.

Well strange things happen. As mentioned above I offerred Bryan Carter 'token' monthly payments until I could make a lump sum payment in 18 months time. They wrote to me confirming acceptance of my offer also asking me if I would be able to keep up the payments given that I have limited means at the moment. A week later they wrote to me to ask what was my offer? Either they didn't record my telephone conversation or maybe the solicitor I spoke with didn't write down the details. It seems odd that they can accept an offer without knowing what it is. They said they didn't know how much I intended to pay or how often.

I wrote to them setting out what my offer was and thanked them for accepting it. I also explained that they'd promised not to carry out further enforcement action. Basically I intend to pay £40 per month and have set up a DD. Given they've initially said they accept my offer can they backtrack at a later date?

[Undercover Elsa]

Re: RBS unenforcibility query.

Sadly, bearing in mind this is Bryan Carter you're dealing with, I wouldn't trust anything that wasn't in writing.
If it was me I'd stay off the phone and wait until they respond to your written offer with written confirmation.
If they start playing silly games get back to us, you might need to apply to the courts for a more formal arrangement.

Fingers crossed they honour their word,
Elsa x

[mike'y]

Re: RBS unenforcibility query.

Thank you Elsa. I'm hoping I've done the deal of the century ;-)

[julian]

Re: RBS unenforcibility query.

As mentioned above I offerred Bryan Carter 'token' monthly payments until I could make a lump sum payment in 18 months time. They wrote to me confirming acceptance of my offer also asking me if I would be able to keep up the payments given that I have limited means at the moment.


Who owns the debt now? Bryan Carter or RBS or AN Other? As Bryan Carter acts for itself and others, they may be conferring with their clients.

You seem to state that you will pay 18 months @ £40pm = £720 then a lump sum of the balance (£5,500 -720) = £4780. I think they will be very pleased with this offer.

[mike'y]

Re: RBS unenforcibility query.

Hello Julian, RBS owns the debt and BC act for them. I owe appx 9k and am willing to pay a lump of appx 5,5k in 18 months time or more at a later date if I can afford to. They wrote to say my offer's been accepted and yet don't seem to know what it was. I'll wait for them to write back. In the meantime £40 a month seems pretty good. It's interest free afaik.

[julian]

Re: RBS unenforcibility query.

" I owe appx 9k and am willing to pay a lump of appx 5,5k in 18 months time or more at a later date if I can afford to." " £40 a month"

Unless they have agreed to the payment in full an final settlement, you may find that they grab the money and continue to hound you for the rest or sell on the balance.

You must ensure that the payments you have agreed (£720 + £5500) are all that you will pay.

If RBS respond then they should state that it is accepted as full and final settlement of the debt and the balance will not be collected or sold on. If Bryan Carter respond, you should ask for them to ask RBS for a response to include the statement that the offer is accepted as full and final settlement and the balance will not collected or be sold on.

[mike'y]

Re: RBS unenforcibility query.

Thanks Julian, very helpful. I'll wait for their letter because I just know they're going to reply.

[Never-In-Doubt]

Re: RBS unenforcibility query.

Thanks Julian, very helpful. I'll wait for their letter because I just know they're going to reply.

When they do let me know - I'll help you formalise an appropriate response covering your ass

[mike'y]

Re: RBS unenforcibility query.

He he, you made me chuckle. :-) I'm sure they'll write to me just before Christmas. Not that that'll bother me, lol.

[mike'y]

Re: RBS unenforcibility query.

Well they've replied. No mention of my offer of a lump sum settlement. Also no mention of timescale, looks like a template reply. So, for now I can pay £40 per month for 18 years, at least it's interest free. Does the fact they've accepted monthly payments establish a precedent? Should I push them about my lump sum offer or wait until I can afford that? What do you think? Thanks.

Mike.

[SA Gold]

Re: RBS unenforcibility query.

Mate - you have left your name and address on that! I would remove and edit it. I'll see if there are any mods online who can do this if your not about.

[Undercover Elsa]

Re: RBS unenforcibility query.

PDF edited to remove personal info.

[mike'y]

Re: RBS unenforcibility query.

Thank you folks, well now you know where I live you may as well come round for a Christmas party he he. I struggled with the uploader and thought I'd uploaded the 'edited' version. Thanks again.