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my daughter stupid fool took a loan out in her name for her boyfriend first for 1200 then topped it up as she got into difficulties everything is in her name its now 4000 he has done a runner she is paying back at 50 per week but finding it hard as she only gets 115 per week
so far i have rang the fianancial omnibusman and put in a compliant about irrsponsible lending i know she should not have took the loan out but they have to take some of the rap
have spoken to national debt line
is there any advice you can give me please
thank you
Letter "C" is the one i think will suffice.
Can you tell us how old the debt is.
Ask your daughter to not phone them and do everything in writing. Without recording equipment you can't prove what anyone has said.
If she sends anything in writing, do so by recorded delivery. Lots of banks/debt collectors will deny receipt unless you have proof.
Never sign any letter, just print her name.
fox
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
If you let us know, I can move your thread to the right forum for you.
Lex
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Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.
hi the loan is with beneficial finance
the loan is over 4 years
she is 1 month in arrears havent took any action as yet she has made a payment today and i have asked for a payment book
i have put in a complaint with the finacial omnibusman
but never had to deal with this before so stuck not sure which forum it should be in and how do i keep getting your replys as i keep losing the topic
thanks
Firstly if you look at the bar at the top, you will see userCP, click on that and it should bring up any threads that you are subscribed to that have had a new post since your last visit.
Secondly when was the loan taken out?
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If my advice or information has assisted you in any way - please click my scales.
thanks
[COLOR=red]Nat West Charges £1056 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Charges £3600 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Unenforceable Loan £18500 [B]Pending[/B][/COLOR]
[COLOR=#ff0000]RBS PPI on loan above [B]Pending[/B][/COLOR]
[COLOR=red]MBNA Credit Card [B]CCA & SAR Sent[/B][/COLOR]
[COLOR=#ff0000]Co-op Credit Card [B]CCA Sent[/B][/COLOR]
I would go with Silver Fox and send letter C from the templates. (see post 2)
Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.
If my advice or information has assisted you in any way - please click my scales.
thanks
[COLOR=red]Nat West Charges £1056 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Charges £3600 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Unenforceable Loan £18500 [B]Pending[/B][/COLOR]
[COLOR=#ff0000]RBS PPI on loan above [B]Pending[/B][/COLOR]
[COLOR=red]MBNA Credit Card [B]CCA & SAR Sent[/B][/COLOR]
[COLOR=#ff0000]Co-op Credit Card [B]CCA Sent[/B][/COLOR]
Please help us to help you. Download the CAG tool bar for free HERE and use the search option for all your searches. CAG earns a few pennies every time !!!
Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Please help us to help you. Download the CAG tool bar for free HERE and use the search option for all your searches. CAG earns a few pennies every time !!!
Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.
thanks everyone got in touch with financial omnibusman yesterday as they loan her 1200 at first then let her top it up to 4000 on 111 pound a week wage so they are looking into that have asked for the debt to be wrote off
but what else do i do the omnibusman said dont do anything they are sorting it but she still has to pay 50 per week for three weeks of the month
they rang fior her payment yesterday and i spoke to them she said i dont like your attitude i said i dont like the way you lend money out but there you go have asked for a payment book so we have control
dont want my daughter to get ccj should i send a letter to them as well or leave it to the omnibusman help
Morning,
I'd still go with letter "C" as the Ombudsman could take a while to sort. She needs to be getting the payments down to a level she can afford.
If they refuse then come back and we can help some more.
This debt is not a priority debt and as much she can offer what she thinks she can afford but always start at a lower figure until she reaches her maximum figure. do not let BF tell her how much to pay. Only a court can do that.
fox
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
Letter C makes the assumption that there has been a change in the client's circumstances. But what if there hasn't been a change?
Based on the daughter's income, I'd be more interested to know how Beneficial Finance decided that this was a responsible loan to make. Did they take the daughter's ex-boyfriend's income into account? If so, why was he not a joint signatory to the agreement? Has she been treated fairly in this regard?
You need to know what information Beneficial used in order to make this lending decision. I would suggest your daughter writes to Beneficial and requests access to all the personal information they hold about her. This is best done with a Subject access request - your daughter sends a request in writing with a cheque of postal order for £10 by recorded delivery to:
The Data Controller
HFC Bank Ltd
North Street
Winkfield
Windsor
SL4 4TD
Beneficial Finance is a trading name of HFC Bank Ltd. HFC will have 40 days from receipt of your request to supply the relevant information.
In particular, they should have a budget planner which they used to call the "Credit Policy Matrix". This details whether the client can afford the loan or not. It will be interesting to see how they showed that she was able to afford a £4k loan based on her income.
If the loan should never have been granted, your daughter may be able to challenge the agreement under the Consumer Credit Act as an unfair credit agreement if it is unfair relationship to the borrower. To make this sort of challenge in the courts I would suggest you get professional legal advice.
Alternatively, as mentioned earlier the Financial Ombudsman Service is a good route to take, but they can take some time due to limited resources. They are a free and impartial service, but in my opinion your complaint to them should be on the grounds that the loan should never have been granted.
thanks for that we are challenging them on irisponsible lending as she first borrowed 1200 then they let her top it up to 4000 on the same wage of 111 per week then it went up to 115 they want 142 per month
actually the omnibusman has been fast they have sent a letter to hfc and we got a reply from hsc they are looking into it
will let you know how it goes but yes thinking of getting a soliciter as she has low wage so should get help
thanks everyone have had to use a friends computer as mine needs repairing went off last nite
grrrrrrrrrrrrrrrr
be back on in a few days
Daughter needs advice with Beneficial Finance
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