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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 22nd March 2007, 03:41   #1 (permalink)
trevor33
Classic Account Customer
 


I am in: Corby Northants
Posts: 296
trevor33 Novitiate
Default Re-financed loan that wont go down

I took out a loan with HFC (then Benificial Bank) in 1993 to buy a car for £5000. Since then, due to circumstances and to lower the payments the loan was re-financed in 2000. I asked the bank for details of what I owed and was sent statements and a copy of an agreement. This agreement did not state that it was to re-finance a previos loan and there was no indication that the previous loan was paid-up. This agreement has my signature but NO signature from the bank. The opening balance of the new loan was now £7560 (after 7 years). I queried this with the bank but had no reply.
The debt has been passed to DCA (Weightmans) as I then only sent them a token payment out of frustration.
I also had a phone call from Weightmans theatening to put a charge on my house to recover the debt but I refused to co-operate.
It looks like it will take me about 200 years to pay them at my present rate and since I am 63 now and on benefits, I think that there may be a problem.
What is my best way forward?
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Old 22nd March 2007, 19:47   #2 (permalink)
pmhcfc
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I am in: sane
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Default Re: Re-financed loan that wont go down

Quote:
Originally Posted by trevor33 View Post
I took out a loan with HFC (then Benificial Bank) in 1993 to buy a car for £5000. Since then, due to circumstances and to lower the payments the loan was re-financed in 2000. I asked the bank for details of what I owed and was sent statements and a copy of an agreement. This agreement did not state that it was to re-finance a previos loan and there was no indication that the previous loan was paid-up. This agreement has my signature but NO signature from the bank. The opening balance of the new loan was now £7560 (after 7 years). I queried this with the bank but had no reply.
The debt has been passed to DCA (Weightmans) as I then only sent them a token payment out of frustration.
I also had a phone call from Weightmans theatening to put a charge on my house to recover the debt but I refused to co-operate.
It looks like it will take me about 200 years to pay them at my present rate and since I am 63 now and on benefits, I think that there may be a problem.
What is my best way forward?
Bump someone please.. Not sure myself about refinanced loan and how they should be set out etc etc- someone will be along soon to help I'm sure
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Old 22nd March 2007, 20:06   #3 (permalink)
diskmandave
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I am in: Ashton Under Lyne
Posts: 4,230
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Default Re: Re-financed loan that wont go down

If there's no sig by the bank it's not executed is it? Simple as....
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Old 6th April 2007, 03:17   #4 (permalink)
trevor33
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I am in: Corby Northants
Posts: 296
trevor33 Novitiate
Default Re: Re-financed loan that wont go down

Quote:
Originally Posted by diskmandave View Post
If there's no sig by the bank it's not executed is it? Simple as....
dave
I have sent a Subject Access Request request to HFC for all statements going back to 1993 and true copies of all credit agreements under CCA.
I did not specify the deadline under CCA but gave them 40 days.
Can I default them after 14 days using CCA if I did not specify.
Trevor
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Old 10th April 2007, 01:45   #5 (permalink)
stan5131
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Default Re: Re-financed loan that wont go down

Trevor, under CCA, if 12 days pass, they are in breach of the Consumer Credit Act 1974, if a further month passes, they have committed a criminal offence.

The agreement you have received is not properly executed and is unenforceable. You should write to the DCA pointing this out. Tell them that any legal action they take will not only be successfully defended but counterclaimed for damages, stress and compensation.
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