green and co + rbs help

[walkmanator]

Hi All,

 

I am new on here and have seen some references to both Green and Co and RBS,my situation is this- I had a substantial loan from RBS which was to be repaid once the investment had been returned from the inland revenue,however the revenue in its wisdom decided to look into the investment and has delayed repayment for over 2 years.(it is going to court).

RBS were hassling me for repayment which i didnt have so i asked them for the original documents so i could see them(mine are in storage in the uk somewhere).RBS told me they cannot find the documents and told me i had 7 days to pay up,i then recieved a letter from Green and Co telling me RBS were taking me to court if i didnt pay up in 7 days.

Can anyone give me any advice regarding what i should do,i read on here something about the credit consumer act,should i be sending them a letter about that?

I am panicking a bit as i dont want to be taken to court,i am also wondering if they actually can if they have no documents?

 

Thanks

[cerberusalert]

Send this to RBS http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale and this one to Greens; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

[cerberusalert]

With you saying your stuff is in storage in the UK I assume you are no longer a UK resident? If so they cannot obtain a CCJ against you, see; http://www.consumeractiongroup.co.uk/forum/overseas-debt/250889-can-i-sued-overseas.html

[walkmanator]

Thanks for your quick reply and help, i am not a uk resident at the moment so does that mean they cant take me to court? can they try to make me bankrupt if i cant pay if i am not living in the uk?

[cerberusalert]

If you're not a UK resident they cannot obtain a CCJ against you, even if they try using a previous address you can get it set aside. Your strongest card at the minute is the absence of a CCA, in any case it's an absolute defence as they cannot prove the existence of a debt.

[cerberusalert]

I've moved your thread to the Overseas Debt Forum.

[walkmanator]

ok thanks,last thing,they did send me an account statement showing the amount had gone straight out to the investment people,the account does have my name on it so where do i stand with that? they dont have any agreement but do have an account statement and no other paperwork.

[cerberusalert]

When was the agreement taken out & was it less than £25K?

[walkmanator]

agreement was in 2005 actually so longer than i thought,its more than 25k by quite a way.

[cerberusalert]

In that case it's not covered by the CCA 1974, at that time the threshold was £25K although that doubled to £50K this year. It doesn't negate the fact that they can't obtain a CCJ though.

[walkmanator]

so i cant send them any letters you showed me,i have to sit and wait,do i say anything when they call me? thanks for your time.

[cerberusalert]

Those letters are for CCA 1974 I'm afraid so won't be any use. I think the best thing to do is sit it out & then if they try for a CCJ get it set aside because you're a non-resident.

 

Are they aware you're abroad?

Edited March 23, 2010 by cerberusalert

[walkmanator]

yes they are aware and have sent me a letter(green and co).

[walkmanator]

Sorry but i need to clear something up, if i have a debt under 25k or 50k i can request the cca and if they dont supply it within 12+2 days even though i am in the usa, then i can send them a default letter?

I send the cca and default letters to the debt recovery agency and the sars request to the bank?

 

Thanks,been reading alot and my head is spinning a bit.

[cerberusalert]

Sorry but i need to clear something up, if i have a debt under 25k or 50k i can request the cca and if they dont supply it within 12+2 days even though i am in the usa, then i can send them a default letter?

I send the cca and default letters to the debt recovery agency and the sars request to the bank?

 

Thanks,been reading alot and my head is spinning a bit.

 

When you took that loan the maximum limit was £25K for it to be covered by the CCA 1974 Act, anything above that isn't covered by it.

 

For now send the SAR to the bank to see whether they produce a copy of the agreement, also it will produce copies of statements showing unfair charges you may be able to reclaim also any PPI.

 

As I said, even if they could take any legal action they would still have to produce an executed copy of the agreement.

[walkmanator]

Thanks,appreciate your help.