old RDS loan - now arden/IND - PPI reclaiming whilst loan is in default

[Fishpie]

Hi dx, just received reply from RBS after sending the letter you drafted for me, as you can see they are still not acknowledging or addressing what is being asked, any suggestions as to what path to take?

is it worth going to the FOS, or do I need to look at court action thanks

[Fishpie]

Don't know if anyone has had any experience in referring a case to fos with the above response or lack of from the company I am correspondin with, but any advise is welcome, whether it be write again to the company pointing out they have still not answered my questions, or continue down another path, I feel like they company is hoping I loose interest thanks for any imput

[Fishpie]

Ive decided to send a copy of the fos "right to set off" with a letter asking for them to point out what condition they have used, as they have still not answered the original question regarding right to set off.

[Fishpie]

Don't know if anyone can read these reply over for me, can this be applied when they sold the debt on? they are quoting Lombard which if they owned it still would be right, I am feeling quite confused about it so any imput appreciated.

[dx100uk]

soi have they repurchased the debt then?

 

dx

[Fishpie]

If they have I have had no notification, feel that I am being given a run around at the moment, Ive attached the letter I had from Idem, it was worded quite carefully, but that all I have had, so not sure whether to just put it to the fos or give up

[dx100uk]

check what your CRA file says please

 

dx

[Fishpie]

money very tight so will have to wait for some before can do this again, I know it wasn't showing Lombard/RBS when claim went in

[dx100uk]

noddle is free

 

dx

[Inertia Creeps]

Hey Fishpie, don't give up on this. Today I received a cheque in the post from Barclays for just under £3100 and I also was under a debt management programme so it can be done.

[Fishpie]

thank you dx, I am still waiting for a reply from LV, but have a feeling they are going to repurchase this and sell it back to Equidebt, so will wait for there response before I check my file, could I trouble you with another question?

I have found another loan I had with them, which was taken out in June 2003 repaid early in October 2004, I am going to put in a claim for the PPI against this shortly, but can they offset this one should I be succesful? the PPi premuim was £1,048.98 charge for credit £256.38 giving a total of £1,305.36

[Fishpie]

thanks for the encouragement Inertia Creeps

[dx100uk]

offset can only happen against notified arrears and if they own the debt

 

dx

[Fishpie]

so does notified arrears even apply after the debt is sold on?

[dx100uk]

no the debt is sold

they cant offset against an account they no longer hold rights on

 

dx

[Fishpie]

thanks dx

[Fishpie]

http://www.companies-uk.co.uk/idem-capital-securities-limited-07350538

 

Hi dx checked my credit file with noodle as suggested, shows idem capital securities, found the above link while trying to see if they are linked to rbs, I am not sure if the companies listed mean that rbs is associated with them, or they just act for them, any ideas?

[dx100uk]

if RBS owned the debt it would say RBS

 

idem are nothing to do with them

 

and even if they were

 

it wouldn't matter

 

dx

[Fishpie]

Thanks dx,

I think yet another letter is due,

I will ask them to clarify why they are stating the RBS /Lombard association which is not in question,

when Idem own the loan and see what reply I get,

not holding my breath though,

if get the same sort of reply again,

 

do you think I should go to the fos?

[Fishpie]

Hi dx,

 

I am still waiting to hear back from RBS re PPI,

 

but I have just received a letter from Arden (Idem),

 

I sent them my review of repayments I only pay the token of £1, which I cannot really afford,

I gave them a household budget which shows I cannot afford to live!

which I have remained unchanged since dealing with them, a

 

nd they are now asking how I am able to substain my living expenses,

I didn't include my housing benefit and council tax in the ins & outs,

as I didn't think it was there business,

 

I have drafted a letter which I am not even going to send until I get a letter back from RBS,

but if you have a moment could you check it over for me and see if I need to tweek it,

 

many thanks if you can

[dx100uk]

per I don't think you owe anything now to anyone.

 

I wouldn't be writing again

 

dx

[Fishpie]

thats a loverly thought dx, but I don't think they will stop requesting money from me, what would they be likely to do should I ignore them?

 

at the moment I am not replying, but I am stressed out enough trying to battle with RBS to obtain the full PPI payment, so won't be corresponding until I get a reply from RBS or the FOS should I have to go down that route.

[Fishpie]

Hi again, I have just had a response to my letter, re third party payment, could somebody take a look I could do with some help please, is what they are saying correct? or am I again being fobbed off by other legal jargon?

 

Is the best course the FOS or small claims court? I am not sure what the best next course of action should be. thanks

[ims21]

As evidenced by your attachments earlier in this thread, the account has been sold.

 

Accordingly RBS have no further interest in it and cannot set off or make payment to a third party.

 

You now have to decide whether you wish for fos to handle this or take it on yourself via court.

 

Don't forget you have 6 months from their final decision letter to get fos involved.

[Fishpie]

thank you for your reply ims21, I have been checking the FOS site it looks promising, plus I wouldn't have to worry about court cost should they arise, but will think on it a little bit before I decide, I feel I am being played with just as other members have been treated, so nothing new, its the big boys versus the rest of us.