HBOS AA Credit CArd Debt - PPI/Charges reclaimed - now have SD issued

[harrassed senior]

Firstly, you need to send the telephone harrassment letter.

[weeblewobble]

Firstly, you need to send the telephone harrassment letter.

 

I have already done that as stated, but it made no difference.

Besides, its not the phonecalls that worry me.... its the thought of going to court and having a judge tell me that i must pay every spare penny i have to these vultures:mad: yes yes i know its my problem and i shouldnt have got into this mess in the first place, but if they hadnt kept raising my limits it wouldnt be so bad:(

[debt4get]

if as you say they have taken over 4k in ppi i would immediatly put in a claim for this to refund your money

2nd if they do take you to court and win, the most a judge will ask you to pay on your income is what you can afford..they must take into account you income and expenditure..

[pompeyfaith]

You can also counter claim any court action if you do not get the PPI back before then.

 

This would reduce the debt then as debt4get says on submitting you income and expenditure to court you will only have to pay what you can afford.

 

PF

Edited November 21, 2009 by pompeyfaith

[ScabHunter]

Has the account definitely been terminated? If so, would the mis-sold PPI not mean that the amounts on the DN are wrong by more than a de minimis issue?

 

SH

[weeblewobble]

The debt was for 12k, but when they decided the ppi was mis-sold they awarded 4k but took it off the debt therefore reducing the debt to 8k. The debt is now nearly 9k with all the added extras.

The FOS are looking into it but it may take a while as they are snowed under:rolleyes:

Looks like im in a no win situation, but they cant have what i havent got, and we certainly dont have 8k going spare:(

This is just the start of it because we are expecting our other loans and cards to follow suit:(

[twofoot]

Exactly like you say, if you ain't got it they can't have it. If they get a CCJ you will end up paying next to nothing per month but that is a long way away. You need to take each case on it's own and be hard faced. Debt is not a crime, you cannot get locked up for it and if you ain't got it you can't pay it. I would be extremely surprised if you could not defend a ccj with help from here. Worst senario is a CCJ and pay a fiver a month. If you don't default on the court amount they can not do anything, i.e. no bailiffs etc.

[chickenboy]

Dont worry about the court action!

Been there, done that!

The judge is there to act in your interests too! He wont force you to pay an amount you cant afford.As long as your budget planner is reasonably realistic he will order you to pay what you can and no more.

 

Good luck.

 

PS: have you considered a DMP or IVA? You can still challenge the agreements if you wish.

[weeblewobble]

A few weeks back i received a summons from northampton county court, i am admitting their claim and i filled in the paperwork along with incomings and outgoings etc and posted them back to RBS Edinburgh as per the instructions in the letter, but today i received another letter from northampton county court saying i have failed to reply to the claim form:( does this mean that RBS have failed to pass on the paperwork to the courts or maybe they are just being awkward and saying they never received it.

i will ring the court tomorrow and explain it to them but is there anything else i should do?

 

todays letter also says i must pay now in full, which will be hard as my bank account has been in the red for years and i told them this in the letter. i cannot find 6k and i offered them £1 per week... which i suppose is irrelevant if they say they never got the letter!

Edited May 13, 2010 by weeblewobble
forgot to mention

[wycombe]

Oh dear!

 

I'm afraid it was up to you to reply to the summons by sending off your acknowledgement of service to the court with your intentions. Your claimant has obtained judgement by default. RBS do not have to pass anything you send them to the court - this is your responsibility.

 

ANY correspondence you send to RBS or their representatives should be sent at least Recorded Delivery so you have proof of delivery. Keep everything that is sent to you as well.

 

You will need to, as quickly as possible, try to get the judgement set aside. But I'm totally clueless about this so hopefully someone with the required experience will jump in and help you with this. Or check out the forums for 'set aside'.

[ploddertom]

I agree with what Wycombe has said about the documents. I would think in view of the fact you admit you owe the money but cannot pay then Set Aside may be difficult. A better bet may be to apply for a Variation on Form N245 from the HMCS website - there is a fee to pay but if you think you qualify then also submit Form EX160 for fee remission.

 

PT

[weeblewobble]

But it said on the summons NOT to post it to the courts, just send the reply to RBS. i rang the courts today but got no reply.

[ploddertom]

But it said on the summons NOT to post it to the courts, just send the reply to RBS. i rang the courts today but got no reply.

 

I'm afraid you have been misled. Usual practice is to send one copy to the Court and another to the Claimant.

 

PT

[wycombe]

I agree with ploddertom.

 

It may be a good idea to post up what you received from the court - minus your personal details.

 

If you disagree you must do something about it as the issue will not resolve itself.

[weeblewobble]

I recieved a statutort demand last week from 1st credit T/a Connaught collections.

I sent them a letter back stating an offer of weekly/monthly standing order payments but they sent a letter back today saying they were not prepared to accept my offer, i owe them just under 6k for credit card debts.

 

I dont see the point in asking for my cca again as it has already been provided and seems enforcable, so it looks like they are going to take it all the way and push for bankruptcy, i have already explained my mortgage is more than the value of the property but that doesnt appear to have been of any effect.

 

I only have 11 days to sort this out before the proposed bankruptcy proceedings commence.

 

Any advice would be greatly appreciated.

[huggys boss]

May be a bit late in the day, but have you reclaimed your charges? When added together with the interest owed you would be surprised at what THEY owe you!

 

Can't comment on the stat demand as I have no experience of them, sorry.

[weeblewobble]

Already reclaimed charges and mis-sold ppi but they just took that off the overall debt.

[weeblewobble]

Also can anyone point me in the direction of the set aside forms, i cant find them anywhere. All i get is error code 404 when searching for them.

Thanks

[dx100uk]

more info req...............

 

PPI/charges should only have been offset against notified arrears not tyhe overall bal

 

though as this is a credit card things are slightly diff if you have 'not yet' paid them as such.

 

as for the SD, since april this year

the SD must be served in person to person mode

not via post.

 

something smells here,

 

can we have the full history please

 

the set aside info can be gotten by typing set aside an SD in our advanced search top right.

 

dx

[dx100uk]

who was the oc?

 

dx

[dx100uk]

god soooooooooooo many threads on the same debt - RBOS AA credit card.

 

i've merged them all to this thread so people can see the history

 

please keep to ONE thread per debt, whatever its issue

 

dx

[dx100uk]

thread renamed and moved to legal section

 

dx