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MR DEREK

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  1. Hi Caggers Try this one for size, My partner owes £13000 to lloyds credit card. This has nearly split us up as she kept the debt from me as she was worried about it. (she has depression, and has been under the doctor for most of her adult life, more so since our last kid was born. I cleared the £5000 balance a couple of years ago when i got my Barclays car loan. Now she doesnt work (hasnt for 7 years as she has been raising the oinks) and has only ever had the family allowance payed into her Lloyds current account (approx £150 per month). It turns out that when she got close to her £5000 limilt they raised it again. so on and so forth, I have a second card on her account, but had no idea she was running it up as she was. (thats what nearly split us up). Whenever i spent on the card, i paid extra off direct from my Barclays current account. I had a plan to slowly run the card up again (towards £5000) to coincide with the end of my car loan (another 36 months), and thought that the balance was about £4000. The £13k figure nearly killed me when she broke down and told me. I am miffed that someone who only earns £150 a month can keep getting their limit raised every couple of months. it seems completely mad to me. It was only that i hadnt spent on the card that month, and as such didnt pay any extra that it came to light, as her £150 payment didnt cover the min ammount and they suspended the card. Now we have been together 10 years, and i pay for the whole house, shopping etc as i am the only one who works. lloyds have been phoning and after i spoke to them on her behalf have sent a form through to list her incoming/out goings. (i did argue that she has none and that i pay the bills). Now where do we stand? Am i liable for the dept as we are commonlaw couple? Do i fill out the income form for my/her moneys or just for hers? Can i complain to anyone about her credit limit being raised in such a way, its maddening to think that this could easily have been avoided. Any advice would be greatly appreciated. I offered £100 a month, but know that that will leave me with practically nothing left from my wages. Should i offer again? She has had the card forever, (at least 10 years) i asked for the account to be frozen so we could arrange a repayment plan. they have held it for two weeks. But then took all the money that was left in her current account and took it off her credit card balance without telling her. is that allowed? I am sorry for the length of the post and hope someone can plough through it and give me an idea of whats best. best regards Mr Derek
  2. Hope someone can offer some advice for me I have just spent months being hassled by RBS due the remains of an unpaid load from 2000. This loan was taken out to cover charges made by RBS when i was hospitalised and couldnt work for 5+ months. It is a while ago, but memory says that over a 6 week period i became about £750 o/d due to charges. Work didnt pay sick pay, took me three weeks to get it sorted from hospital bed, and then i went to RBS to sort out after and they refused an overdraft, but happily sold me a £1500 loan(about £3000 to repay due massive interest charges)to repay the mounted charges. I spent as little as poss (at their recomendation, but each cheque sent cost me £20-30 charge and then a another charge for missuse. I went from being in credit to owing £3000 in just afew weeks. I cried my eyes out in the branch trying to sort it out, and they just rubbed their hands and sold me the loan. Now after all this i still owe £800 apparantly. though they admit that they no longer have the cca, so is unenforcable. But this £800 is probably just extra interest added on at the start of each year that still had an outstanding balance. Now, can i find out details of all the charges, and account details from that far back? and can i do anything about reclaiming excess charges this far after the event? I feel gutted to have had to repay so much money, that if the same happened tioday, i would be wise enough not to let a bank push me around and charge me so much. I probably spent less than £300 pounds and repayed over £2000 because of it. How can i get a complete record of it all, including loan repayments and bank charges. i also want to let RBS know how i feel about the whole affair, but want to know where i stand, and have my facts straight before i do this Any advice greatly appreciated Best regards Mr Derek
  3. Where to begin..... I had IJ chasing me, persistant nasty phone calls etc for about £800-£900. I cca'd them last month with the £1 payment. and threatened to report further phone calls. I know they got the letter, because the phone calls stopped the next day. Which was nice! They sent a letter saying that request was forwarded to RBS. Monday -I then recieved a statement from RBS showing a £1 payment off of the account balance. (even though the cca letter stated this was not for any other purpose than the required cca fee). also first contact from RBS in 6-7 years Tuesday -I then sent a default letter as 12+2 days had passed. ( i was going to rewrite it after getting the statement, but it was all typed up and ready to post, so off it went. Thursday-I recieve a letter from RBS stating that they cant find the agreement as its been misfiled, and they have insufficient detail to recreate the agreement. also states " in the circumstances we appreciate that under s77(4) of the cca if you decide not to meet your obligations under the loan as they fall due we will be unable to take steps to enforce repayment of the loan. however we will consider that you should continue to honour your obligationsthe agreement, bearing in mind that that agreement isnt void. it remains valid and their continuing default will be reported to the credit reference agencies. section 77(4) only prevents us from pursuing recovery of the debt through the courts"..... should i require further info call blah blah blah. So what now? They cant get the cash, they cant pass it on as it is in dispute. Do i need to check my credit rating? as it was not listed last time i looked, do i wait a while to check this? (if so how long?) Can i do anything to get it removed from my credit file if it does show up? Do i send RBS a letter saying that i would have carried on paying the installments as agreed if they hadn't set the DCA on me. as it was the DCA who suggested that i stop paying RBS and pay them instead? I feel that i was missold the load in the first place, and want to relate this to RBS, as it was to cover £800 pounds of bank charges that i incurred while in hospital. (owed £800, wouldnt give me an overdraft, made me take a loan of £1500 to cover fees and tide me till able to restart work.- crap rate of interest meant £3000 payback). Every check i wrote from hospital, and at home cost £20 fee plus £30 letter. thought it was all covered, only to find that work had not payed sick pay while in hospital (pre internet banking) and was suddenly in debt. I was crying my heart out in the branch, couldnt understand how it could be so much. they just sold me the loan saying that i really had no other option. All of that was in 2000, i am a lot older and wiser now, but it still bugs me the way i was treated, and want them to know that. I am tempted to request all my details (£10 fee)and start an argument with them about how i was in this situation in the first place, i payed £30 a month for years, and if they were adding interest each year have probably payed well over the original amount already, but as it is so long ago, there is no longer any course for recompense. It looks like i am in the clear and can just ignore it, but what do others reckon. Look foreward to any replies Mr Derek
  4. Hi, can i just say how great this site is, it has given me hope that people can stop harrassment, or at least laugh at the letters when they arrive. I have edited out about how i incurred the debt, and my questions about bank charges. But what i really need is good advice about how to deal with the Apex side of things, and to clarify if rbos can sell off the debt even though i have been paying regular as clockwork for years. i have not had any contact from Apex in two weeks now, but expect some soon. Now hope someone can steer me in the right direction. Recieved a standard letter from APEX (formally BCW group plc) regarding a £2300+ debt outstanding to RBOS. initiating formal debt collection proceedings etc, make arrangements within 72 hrs or may get a visit to establish residency and reason for non-payment. Also a couple of phone calls Now i have had no contact from RBOS regarding this, i have been paying £30 per month for what seems like forever,by standing order into what i believe was my old current account number and sort code.(at least 4-5 years i believe) i suddenly find that RBOS have sold this debt on. and that APEX are not going to accept the £30 per month and are seeking a new higher agreement. I have never missed this payment since it was set up, can they pass it on like this?. It is so long ago i have no details of the loan or of how much i have paid back. Do i now stop payments till this is sorted, or pay RBOS as normal. (the apex call said to stop payments, but that any payments made would be forwarded on to them anyway...(so why should i stop? if i just pay as normal will it go away?)) How do i go about getting Apex off of my back. I cant understand how i still owe over 2300 after all this time. I would normally be happy to pay off these things but feel that this is all down to bad practice by RBOS in the first place so would appreciate any guidance in dealing with this. Will RBOS have account details still? i did a credit search and it does not show up on my file- is this odd? After reading through this site i told them that i would only deal with it in writing from now on, and did hint that i would want to see proof of their right to pursue this debt. please help with recommendations of corrispondance i should send out. Best regards to all (except DCA's off course!) Mr Derek
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