loan nightmare - pls help !

[anyakitten]

Hi all,

I'm hoping that you might be able to all give me some advice. My hubby took a loan out with HFC in Jan 2002 over 5 years to pay off some debts - daft I know but we weren't together then He was persuaded to take out PPI.
In Sept 2002 he came to his senses and went back to the branch to cancel the PPI. They got him to sign some paperwork which he didn't get copies of, gave him some money back which they told him was the refund for what he'd would be paying on PPI and sent him on his way.

This Jan we've expected the loan to be finished. He's now been told it was a 6 year loan which started in Sept 2002. We've asked for written copies of the agreements which we've been chasing for the last 3 months.

Does anyone have any idea what we should do ? If hubby has signed some paperwork he didn't realise he'd signed is there anything we can do ?

Thanks in advance for your help !

Anya

[BaldyBaldwin]

did you send them a cca request?

[anyakitten]

Sorry Baldy - I'm completly new to this. What is a CCA request ?

[dx100uk]

yep
sent a cca request
that should sort it

dx100uk

[BaldyBaldwin]

can i ask what paperwork you have regards the loan and PPI

[anyakitten]

I know this sounds daft too - hubby can't find the January paperwork and the PPI. Again I've asked HFC for copies again and again - they keep requesting them from Iron Mountain (whatever that is) but we get nowhere.

[BaldyBaldwin]

IMHO i reckon the best course of action to begin with is to send them a Data Protection Act Subject Access Request and ask them to supply copies of all documents relating to the loan and PPI, including a copy of the policy and any exclusions ( some may apply to you and the PPI could have been mi-sold), this will cost you 10 pounds and they legally required to respond within 40 days,
also send a CCA request and request a copy of the original SIGNED loan agreement, (this will cost you 1 pound and they have 12 days in which to reply) if they cannot then the loan may be unenforcable.
go to the section for template letters
http://www.consumeractiongroup.co.uk...lates-library/
and have a look around and see how you get on

[anyakitten]

Thanks BaldyBaldwin. I'll give it a go and let you know how I get on !

[anyakitten]

Hi all,

Quick update. HFC have now sent a copy of what they must believe to be the signed loan agreement. I've got from them a page headed "account set up" which has been signed by hubby but it doesn't mention anything about APR or the total amount he'd be paying back for the loan. Its got other details though like the monthly payments and that its paying off another loan, which he doesn't remember seeing before. The statement he's signed says " I hereby authorise the above amounts to be debited from this account. I also authorise HFC bank to debit this account with the single premium in respectm of the additiona; insurance policies listed above and forward this to Hamilton Life assurance on my behalf, in full" etc,etc - it doesn't show any debits above, or any insurance policies and doesn't mention in the statement anything about taking out a new loan or anything about the Consumer Credit Act. They have sent another page headed original loan agreement which has all the usual stuff - a schedule & such - but this isn't signed. Its pretty scary reading as its gt an APR of 24.6% !
Can they make us pay them back for something he wasn't aware he'd taken out ? They still haven't sent back anything from the original agreement as they've told me they don't hold it in the branch. Can we still make them provide it even though they aren't chasing it ?
Still waiting on the Subject Access Request stuff too

Thanks in advance guys !