Yes they have (they've had a signed authority) but they still send things to him anyway

Couldn't see the personal info (I must be having a moment!) but have removed the attachments from the post now, sorry!

Thanks for your speedy reply! I haven't done a CCA because he only applied for the card in Feb 2011 and still has all the copy application papers that he was given by the branch. There is a section that states their charges as £12 respectively for exceeding the credit limit or returned payments and he hasn't done either of those. I assume that the "previous correspondence" they refer to is previous letters on Nationwide headed paper rather than from "KPR". What should I do about the fact that he hasn't had a Default Notice that they refer to?

I have been dealing with my parents' credit card debts since finding out about their financial difficulties last Summer. I've found lots of useful help on these forums but now need some guidance about what to do next please. I have calculated and set up affordable payments for them and reviewed and increased the payment amounts in April after one company wrote off a debt because of their circumstances. My current issue is with my Dad's Nationwide credit card account. (He is 76 and has heart failure and diabetes) Yesterday he received a letter dated 06/08/2013 on KPR Debt Recovery headed paper.(hopefully attached with a copy of my last letter to Nationwide). It refers to "previous correspondence" and a Default Notice (which has never been received). It is the first letter on KPR paper that he has ever received and he has been making the accepted regular payments without fail. I have already explained his health position and the need to avoid stress and anxiety etc. numerous times and they have a signed authority to deal with me but they continue to threaten legal action. Please could someone have a look at my attachments and advise me how to respond to this latest letter? Thanks for any assistance

I'm dealing with my elderly parents' debt troubles and have a complaint currently with the FOS in respect of the above credit card. In the meantime we sent a SAR in April to see what charges and increases to credit limits/ rates etc had been applied to the above account. We did not receive a reply to the SAR but when we queried it a letter we have now had a letter stating that a DSAR was issued in April "please accept my apologies if this was not received. I have enclosed a copy of the report" The information they have sent is a copy application signed but completed in unknown handwriting with an inflated income figure (presumably to ensure a card could be issued). The page of terms and conditions are too small to read even with glasses and magnifying glass! There is one page of abbreviated notes in the form of a "word" document There is a list of transactions from the account opening but it ends in 2010. On 15th of each month since October 2006 there are two separate amounts noted as "Interest charge" I'm not clear why there are 2 separate amounts on the same date each time and I have no transaction records for the past 3 years. Please could someone advise what I should do next?

Very interested in this thread as my hubby has a nightmare loan with Lancashire Mortgage Corporation. It's a long and unhappy saga of a loan secured on land and is apparently "unregulated". It was advanced in 2004 via a broker and the company have produced a declaration of income with my husbands signature on it although he has no recollection of it. The level of income stated is one that he has never achieved in his 20 odd years of trading, a fact that could easily be proved by his annual accounts had anyone looked at them The purpose of the loan was not for his business but to pay out his ex wife on their divorce. Basically he is self employed and was advanced a loan of £35k on a term of 25 years which means that it would not end until he's 71 years old. My husband was diagnosed with a progressive neurological disease in 2009 which caused him to look at his finances again. This was the start of rounds of letters and referrals to different organisations that has continued until the present day. Despite being a repayment loan the debt was not decreasing and it transpired that Rule of 78 was being used to calculate the amount owing. Eventually after much correspondence and solicitors letters to extract a response they agreed to use an actuarial calculation. Solicitors advice was that an Unfair Relationship exists but it would cost approx. £20k to take it to trial. Financial and health issues ruled this out as an option. LMC have stated that the loan does not come under the rules and regulations of either the FSA or CCA so isn't covered by the FOS. The FOS have confirmed this and suggested referral to the FSCS because the broker who sold the loan is no longer in business and insolvent. FSCS have said they are unable to act because it is not a residential mortgage. LMC advised me that the complaint could be referred to the Finance and Leasing Association but when I did so they answered the FLA correspondence by saying "Lancashire Mortgage Corporation is not a trading name of Blemain Finance and so not a member of the FLA". The FLA have now said they can't do anything and suggested going to the British Banking Association and the Council of Mortgage Lenders but I don't think Lancashire mortgages are registered with either. My hubby has now stopped trading because of his declining health and can only afford a few more payments before the account falls into arrears. (The land is up for sale but no interest yet) I am now thoroughly confused as to who if anyone does regulate this loan and if there is any legal argument for an unfair relationship or anything else? I know it seems contrary to OFT Guidleines on Non Status Lending I have read but is there anything we can actually do about it?

To add to Mr Sansoms post above the position from our viewpoint is now as follows. A mortgage was arranged by Kerslea Finance Limited who were trading under the name ASC Lancashire and Cumbria. I understand that they were operating as a franchise under a licence granted by ASC partnership plc . I must say that I find the whole franchise thing quite bizarre - if I had problems with a burger chain as a customer I would expect to deal with the company whose logo was everywhere not "Mr Smith" who runs the franchise, but it seems that things don't work that way. The loan was funded by Lancashire Mortgage Corporation who have been less than helpful throughout the term of the mortgage despite payments always being made on time. Complaints against Kerslea Finance Limited are being accepted by the Financial Services Compensation Scheme as the company was dissolved last year. At present it seems that the FSCS will be unable to help us either because of the type of product that was arranged. To clarify Mr Sansoms comments with regard to the FOS, they advised me that they were unable to help because a) the loan amount was over £25,000 and arranged pre April 2008 and b) the lenders regulation began in April 2007 way beyond the start date of the loan. From our perspective the wrong type of loan was made; the purpose of the loan was to provide funds to settle a personal obligation not a business one. The funds had no impact on my husband's business as they were used for his divorce settlement and sent straight to the solicitor for onward transmission to his ex-wife. I am upset and very frustrated - not because "Mr Cook's business project did not work" but as he was sold a product with such clear disregard for the OFT's "Non Status Lending - Guidelines for Lenders and Brokers"; a document that was revised in 1997 some 7 years before this loan was arranged. Despite this it seems that nothing can be done for us as we don't seem to "fit" into any regulator or scheme that could help, even the last resort of the FSCS. It is extremely frustrating as a lay-person to try to deal with this. Mr Sansom has investigated (sensitively as promised) and informs me that the broker was acting outside the terms of his licence and the lender is not on their list. The lender informs me that ASC Lancashire and Cumbria is on their panel of brokers and they do receive business from them. I have no way of knowing which statement is true and to be frank it matters little to me. All I am concerned with is trying to get my husband out of this mess whilst preserving his health. Legal advice is that my husband does have a case and could go to trial but the costs are likely to be £15 - £20k. He can't get any legal aid because we are married and my house and savings have to be taken into consideration. (I have now income now as I have had to stop work to care for him as he has a progressive disease that will put him in a wheelchair) His land is now valued at less than the outstanding debt and it can't be sold at present anyway because it is subject to an Environmental Permit. It is incredible to me that such a situation can occur. As I said in my correspondence with Mr Sansom my husband is not well versed in financial matters and was under pressure at the time. He simply signed what was produced to him in order to get a mortgage, he was niave and trusted the brokers and lender involved.

As some time has passed since my original post in February I thought I should post an update on what has been happening since then. I have provided Mr Sansom with copy documents we have from ASC dating from when the loan was arranged. As Mr Sansom said in his last post he is investigating the matter and authority has been given for him to liaise direct with with LMC. I understand from their customer service department that a request for information has been received and they are dealing with it. I have, at long last, managed to meet with a representative of LMC (after 2 years of trying to talk with them) so I am now confident that everyone has a clear understanding of the situation. As yet, there is still no clear way forward but we are hopeful that a solution can be found in the very near future without having to involve the FOS or FLA. I last corresponded with Mr Sansom by email last Friday and he has advised me that he will write to me this week. I will update the thread when there is anything further to report.

Thanks you for your post, I have provided the information to Site Admin as I'm not happy to post personal details to the thread. Unfortunately refinancing is not an option as my husband will stop trading in the very near future because of his health. Your offer to investigate sensitively is appreciated.

Hello Kingsley, thank you for your post. The complaint was raised with Lancashire Mortgage Corporation and not ASC as that was the original advice received. As I mentioned we have no copy of any loan application papers, only paperwork from the loan company and a brochure and couple of copy letters from ASC (the loan seems to have been arranged via ASC Lancashire and Cumbria in Burnley). The FOS have indicated that they cannot investigate because the loan was in excess of £25000 and arranged in 2004 (before LMCs membership started). The last letter from the FOS did suggest that we approach ASC direct as the adjudicator stated he had run a data check and been "unable to establish relevant information in terms of whether it currently runs as a live or defaulted business". Alternatively he also said we could contact the Finance and Leasing Association regarding the matter. As I indicated in my post it has been a long saga via LMC and FOS so far and the health situation alone is very stressful. I am now dealing with all my husbands paperwork as he is unable to cope with it so I am trying to establish if there is any benefit to starting another complaint or if it will just add to his stress and so worsen his health. However, your post is reassurring and I will look at the website as you suggest and discuss it with him.

I'm thinking that it's not worth the hassle, the funds would probably be best spent elsewhere. We went through solicitors to get them to agree not to use Rule of 78; it worked eventually but cost us £2000 to get there! Thanks for your reply

Hello all, I'm new here and would welcome any advice about the complex situation I'm dealing with. It's quite a saga but I'll try to keep it as short as poss Hubby divorced in 2004 and was ordered by court to pay out ex-wife within a short timescale or his business would be sold to meet the settlement. He was introduced to a broker who arranged a domestic mortgage on the marital home and this broker then passed him onto ASC who arranged what seems now to be an unregulated loan secured on the land from which he operates his self employed business. Not being well versed in finance he simply signed all he was told to in order to get the money to meet the court deadline. The domestic mortgage is now long gone but the one on the business land remains. He assumed the loan was a capital and interest "normal" mortgage (loan amount £35k). The account is up to date but I became involved when I noticed the debt wasnt reducing and the back of the document referred to Rule of 78. Long correspondence ensued and after employing solicitors the company have accepted that the loan is for a consumer debt (to pay personal liability) and agreed that they will apply actuarial interest rather than Rule of 78. (FOS said they couldn't get involved as not under CCA) This has all been a pain but the worst part is that my hubby now has a serious degenerative illness and has been advised by his neurologist to stop work. Clearly he will need to sell the land but there is a further complication as the land is licensed to the Environment Agency who will not surrrender the licence to enable its sale until they are happy with the condition of the land. The costs involved will be at least £10k but could be 2, 3 or 4 times that depending on results of investigations & soil samples they want. The stress of the situation is adding to his health problems and we need this sorting asap. A relative has offered an amount to help but it will fall short of the amount owing on the mortgage even with our savings added. Would it be worth approaching the lender with an offer? (they have been less than helpful in the past) Is there no recourse to the broker ASC? They sold the mortgage on a 25 year term to a 46 year old man. It has also come to light that the mortgage company have a letter signed by hubby saying his income was far greater than it ever has been! (We have an extensive file of records but no application papers). He says he signed whatever they gave him and this seems to be supported by the fact that the income letter produced by the mortgage co has his address mis-spelt in the road name and village and was sent to him by the broker for signature. Sorry this has been such a long post - any help gratefully received:oops: