RBS referral to debt collectors before copyright letters sen

[pluk69]

Hi,

I wonder if you guys can help me please.

My husband has a business overdraft (for our limited company) with RBS of £24,000. We tried for months to arrange some sort of payment plan with them but they kept ignoring us so we moved banks. Even after we moved we continued to try to organise a payment plan. Eventually after 6 months of their business support team not returning any calls or doing anything about it we raised a complaint.

Within a couple of weeks of raising the complaint they sent a letter demanding the full balance be paid within 2 weeks. We rang the financial ombudsman and called RBS to tell them we had done so. They immediately withdrew the demand and asked for time to make an investigation.

6 months have now passed since they asked for that time and every month we get another letter from them asking for another month, BUT in the mean time over the last three months a company called Incasso have been sending letters chasing a debt of 37,595 (13,000 more than the original debt) RBS have told me to ignore the letters but they keep coming and are getting more threatening. We have not spoken to Incasso.

I had planned to start the Common Law Copyright procedure with RBS. Would this be appropriate since the debt is more than 10,000?
If so, now that Incasso have started sending letters do I need to follow the CL Copyright procedure with RBS to form the tacit agreement and then start the same procedure with Incasso or should I skip straight to sending the letters to Incasso.

At this point I'm not really concerned at what's happening as I have plenty of letters from RBS apologising and asking for more time to get things sorted but I just want to be sure, before I embark on anything, that I'm definitely taking the right course of action.

I'd be enormously grateful for any help with this. Thanks in advance guys.

JH

[ceylon]

yes

incasso first then if rbs are not bothering you at the moment your choice either wait or start

but you are aware that this will effect your credit rating right?

[pluk69]

Thanks for coming back to me on this, much appreciated.

Credit rating is already bad from running the business and I don't intend to try to get any more credit.

I've noticed Incasso haven't put a name on the letter. I'm thinking I should address it to the CEO there. Is this what you would do?

Thanks again for your help with this.

[ceylon]

yes i have a friends paper work in front of me and it is signed incasso lol

[polo126]

Is that incasso you want to write back

[guardianofwithinaolcom]

Is that incasso you want to write back

nope its incasso you don;t know who to write to

[pluk69]

Help needed please:

As an update Incasso have backed off (and apologised for contacting me) after receiving all three letters and an invoice but now RBS have got back in touch.

They are apologising for the mess up, admitting fault, they reduced all the interest off the debt and gave me a cheque for £150 for my inconvenience and gave me a number to call to organise a payment plan. In the same letter they say... "I note you have requested a copy of the original overdraft agreement. Unfortunately I am unable to obtain a copy as it is not on our files.."

What should my next course of action be in this circumstance? any help greatly appreciated.

[ceylon]

have you done the bank letters with them?

[pluk69]

Not yet. Should I just get letter one sent off to them? They are leaving the debt with incasso and are instructing me to contact them to set up a payment plan.

[ceylon]

yes