Intelligent Finance; Assistance needed.

[nuttybutty]

This is a slightly different scenario to other forum members but it is one that needs sorting.

It relates to the mismanagement of a loan agreement by Intelligent Finance.

Although I have posted this elsewhere I've included the text below as I'm now in the process of filing a complaint/claim against them, so let's see what response I get from IF/HBOS and Blair, Oliver & Scott.


I took out a loan with IF over two years ago, making the required repayments through direct debit. Since then, though, I started to face financial difficulty and contacted IF about the possibility of reducing my payments by stopping the monthly insurance premium. They said they couldn't do that but suggested rescheduling my loan would be a good option, to which I agreed. They then cancelled my original agreement, along with the direct debit (although they later insisted that I was the one who'd cancelled. My bank confirmed that it was actually them who'd cancelled - IF later admitting they had stopped the direct debits). IF then started the process of setting up the new loan agreement. After a little bit of thought I decided this wasn't actually the option I needed so phoned them back and came to an agreement to pay £250 per month for the next three months, after which time another department would contact me and we'd set up a more permanent repayment scheme.

Three months came and went and as I'd heard nothing I wrote a letter asking for clarification of where I stood, whether it was possible to carry on paying £250 per month, how much I owed and could I have a written agreement. I heard nothing for two weeks so I sent another letter asking for a response. Still nothing so I managed to track down a number and phoned them. They said they'd be back in touch...but you've guessed it NOTHING.

So another letter went off, but this time I sent a cheque for £100 instead of £250 as my financial situation was becoming even harder. Yet again I explained my situation and asked if this was acceptable. I noticed that a few days later the cheque had been cashed but still no return correspondence from them.

Over a period of 3-4 months I've been bombarded with an 0870 number (which after doing a Google search seems to relate to IF/HBOS), a number of which I've answered and they've all been silent. I now refuse to answer them, partially because if I did speak to someone then what proof would I have of what might be said in a conversation. I've indicated this in a couple of the letters I've sent. If you try to ring this number back it gives you absolutely no indication of who has called because it's a pretty basic answering machine message.

Then I got a letter from J & J Collections saying that I'd defaulted. A while later I received another letter - this time a litigation one from Blair, Oliver & Scott saying unless I made contact with them they'd take me to court. They said I owed just under £12,000 and that I either need to pay that amount in full or come to an agreement on repayments. This morning I received a letter saying that they'd agreed to my offer of £20 per month repayment, but there's absolutely no mention of an agreement with it. Another member suggested I should get back in touch with BOS and say that because I'm in dispute with IF/HBOS then BOS should themselves get in touch with IF/HBOS and that I shouldn't make any payment as yet because as fair as BOS are concerned the matter has been sorted, and that I should stick to my guns because it wasn't my fault in the first place.

I do feel it has largely been one way communication and that despite my best efforts to get things sorted I've been treated me with utter disrespect.

Then a few days ago I actually received a letter from IF/HBOS asking me to provide more detail of my complaint as the only thing they'd received from me was a covering letter I'd just sent them (which I hasten to add was sent recorded delivery). That means they've lost duplicates of the 19 previous pieces of correspondence which were included in the envelope, and supposedly they have no record of any of the original correspondence I'd sent.

Ten days ago I sent another full set of duplicates by recorded delivery and nothing has arrived according to Royal Mail's Track and Trace.

[nuttybutty]

This is the CCA about to be sent to Blair, Oliver and Scott...


I am writing to request a copy of the agreement which supercedes the original agreement (*****) I held with Intelligent Finance. The original agreement was cancelled by IF in July 2005, so is therefore no longer in force.

Under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days.

I am aware that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I wish to make it clear that I am in dispute with Intelligent Finance over this matter, and require confirmation as to whether you are acting under the authority of IF or J&J Collections? Could you also please supply me with your Information Commissioners Office registration number?

[nuttybutty]

And this is the S.A.R that will be sent to Intelligent Finance. Just hope I've covered everything I need to say...


Please supply me with a complete list of transactions and charges relating to my dealings with your organisation. I also require details of correspondence you have sent me, as well as details of correspondence you have received from me. I further request full details of any charges levied and how much PPI I have paid.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my dealings with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

[nuttybutty]

Hope somebody pops in here soon to give me extra advice and guidance, but I'll keep at it anyway!!

Sent S.A.R to Intelligent Finance - 07/02.

Also sent CCA to Blair, Oliver & Scott - 07/02.

[tamadus]

Not much to say really as your doing exactly what I would do. Keep us informed please

[nuttybutty]

Thanks Tamadus.

Do you think that because my original agreement was cancelled then would they (if they send anything) have to send that or what should have been the updated version...even though there isn't one?

[tamadus]

Originally Posted by nuttybutty

Thanks Tamadus.

Do you think that because my original agreement was cancelled then would they (if they send anything) have to send that or what should have been the updated version...even though there isn't one?

They need to send something, and be quick about it. How about we give them a few days and see what if anything they come up with. To be honest there isnt much more you can do until they respond to your CCA request and S.A.R - (Subject Access Request).

Did you actually sign a second agreement with them ? Hope you sent both those letters by recorded delivery.

[nuttybutty]

No and this is the key to the problem...after they'd cancelled the first one they were going to send out a second agreement but never did. I've sent numerous letters to them and each one has been ignored.

And yes both letters were sent recorded delivery.

[nuttybutty]

CCA sent to Blair, Oliver & Scott arrived and signed for this morning, still waiting on the S.A.R request to Intelligent Finance.

[MARTIN3030]

If the original agreement was cancelled and no further agrrement was signed then I fail to see how it can be enforced.(presumably this is a new tac by dcas for unsuspecting clients to re-start the agreement )
There is also the matter of you being encouraged to take out additional loans to address the debt this is an area you should be looking at too.
In the case if unlawful bank penalty charges,loans that were seen to be given to clear these have successfully been claimed back too.
There are guidelines on those holding cca licences on the collection of debt and where financial hardship is evident then dcas are required to operate within the guidelines and laws set down.
I have moved your post from the bank forums as I believe it should be here.

[nuttybutty]

Originally Posted by MARTIN3030

If the original agreement was cancelled and no further agrrement was signed then I fail to see how it can be enforced.
There is also the matter of you being encouraged to take out additional loans to address the debt this is an area you should be looking at too.
In the case if unlawful bank penalty charges,loans that were seen to be given to clear these have successfully been claimed back too.
There are guidelines on those holding cca licences on the collection of debt and where financial hardship is evident then dcas are required to operate within the guidelines and laws set down.
I have moved your post from the bank forums as I believe it should be here.

Brilliant, that gives me a bit more to go on.

Really appreciate it.

Cheers

[nuttybutty]

S.A.R request signed for by Intelligent Finance 09/02.

[nuttybutty]

Just out of interest, has anyone encountered a similar situation to mine, and if so what was the outcome?

[nuttybutty]

Still no record on the Royal Mail track and trace website about the complaint letter I sent to HBOS before I filed my S.A.R request having arrived.

[nuttybutty]

Just an update...

Since my CCA request arrived at BOS last week I've received calls from two separate 0870 numbers - each about two or three times a day. Both have rung my mobile and the landline, although I refuse to answer any of them.

After the first 0870 call I tried ringing it back from work (number witheld, of course!) and the line was unobtainable. I didn't try ringing the second number back until now and surprise, surprise it's Blair, Oliver and Scott...although they only answered the phone by saying "Good afternoon, you're through to Blair (notice he didn't mention Oliver and Scott...have they gone off on holiday together (how cosy!) leaving poor old Blair to do all the dirty work himself!!).

I just put the phone down because I had no intention of speaking to them...but I wonder what they want? Any ideas??? Maybe they're going to offer me an all expenses paid trip to the Bahamas as a way of saying sorry for all the stress and anger they've caused...although knowing my luck I'll probably end up on the next seat to Mr Ollie and Mr Scott!!

Got the feeling a telephone harassment letter might be winging it's way upto Rosyth this afternoon!

[nuttybutty]

Here's another little update...

Almost three weeks since posting my complaint to HBOS by recorded delivery it has finally arrived and been signed for.

As I sent my S.A.R and CCA requests after sending the complaint does it change my situation in any way?

Any more advice would be greatly appreciated.