tricky one - need advice!!

[susie76]

I got as far with my RBS claim as getting statements and sending aprelim letter, and getting standard reply. Then, due to lots of personal hassles, put it on hold. this morning, as i was jgst thinking of getting starte again, i recieved a claim form (which will lead to ccj) for an old RBS debt. It is for 855, which was passed to a debt collection agency a while back, i have since started a debt management plan with consumer credit counselling service, but westcot the dca, have decided to go down the ccj route. My claim against RBS would be 1040 without court interest. CAn i use this to prevent CCJ by either writing LBA, including offer to use part of claim to settle debt, counterclaining on court form, or just sendng LBA and getting a hold on court proceedings against me as a result of me being involved in action against RBs? Complicated, so i need advice!!

[cariad mo brwydrwr]

It depends if the old RBS debt is the same account you're claiming the charges on I think. They can't chase you for a debt if its in dispute.

 

Also, if you have a debt management plan that is paying off the debt regularly I'm pretty sure they can't suddenly serve you with a CCJ if you're responsibly managing the debt. Are you?!

 

You might want to check the 'Legalities' forum about this, theres a lot more stuff about CCJs and defaults etc.

 

And just for the record, Wescot are evil imo, they'll try every underhand tactic in the book.

[jimmelling]

Check the legals first but I would be inclined to contact the RBS directly and tell them you'll see them in court where you will bring up the subject of their unlawful charges as a "counter claim". They wont want that to happen!