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Gemster vs RBS - weird one ? HELP !


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My husband and I run a company. This Feb we went to switch the Business Account from HSBC (boo) to RBS, we also asked at the time to have a £15,000 Business Loan to help launch a new product. We filled in the application forms for a new account and loan, etc and waited and waited and waited. I received a call from the person I was dealing with in branch and they said it had flown through. Yes! we though and ordered a new website and put stuff in motion for our launch. We signed personal guarantees (any help with these also - my parents got stung by these not long ago and had to pay put £70,000) for £15,000 (oops). We heard nothing. By this point due to commitment from the things we started we got into real trouble with HSBC (unfair charges claim going through now - thank you!) both personally and business wise. This wrecked our credit scoring completely!. RBS rang and said they had lost all the application forms and could we come in again, we were really worried at this point because any credit check (this was now June) would look really bad. Sure enough they rang me and said the loan couldn't be put through and they couldn't open an account forus.

 

We had been into HSBC to try and ask for help to get us through this time and a long story short on them, they have admitted negliance and we are going to try and seek compensation - no idea how - help here as well please.

 

I rang RBS back in cold fury and asked for all our info to be returned and the personal guarantees to be destroyed. We had some of our stuff back, they have lost some of our business card statements and receipts completely and she said the personal guarantees would be destroyed.

 

We then wrote to RBS again claiming negligance against us for losing our application forms, etc. They rang back and said we could have the loan, which we ha deposited in our HSBC business account. We did not sign any further documents for this loan, we have not seen a loan agreement we were just told to deposit £196.08 every month in this 'holding account' they had set up. We don't know how long the loan is for, what the apr is, anything. I had a statement from the holding account the other day and I notice that the loan is mine and my husbands personal names and I'm really worried, we will be trying to get our first mortgage soon and already have an unsecured consolidation loan for £20,000 with HSBC and am worried this will affect our ability to get a mortgage.

 

Does anyone think we can get out of this loan? - I read on someone else's thread that if the lender can't supply an original signed document in 12 days it is unenforceable?

 

Also due to the length of time this took to sort out and the trouble with HSBC too, this money came in too late to save the Business and we having to close the company. I have a personal guarantee with HSBC for £7500 - do you think I could get out of this as they have admitted negligence.

 

Sorry so long

 

Help

 

Thanks

 

Gem

HSBC - Owed £1315, settled at £1150 - 08/06

First National Tricity Fiance - Owed - not sure ? DPL sent 20/09/06

Alliance & Leicester - Owed £595 - Moneyclaim started 20/09/06

HSBC for Dad - Owed £1500 - Moneyclaim started 20/09/06

Capital One - Owed £495, Settlement Rejected £195, LBA sent 12/09/06

Barclays for Dad - Owed £3200, LBA sent 12/09/06

SPML & Blemain Finance for Mum & Dad - Awaiting Statements could be huge !

 

 

Failure is not an option ! - NASA

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Right, im sorry i can't be much help but i may be able to help you locate things you will need to chase this. You need to contact some credit agencies and for two pounds you need to view your credit file and see what is on file for you to see if there are any errors on here you will find these at Your Credit Report Help Centre, from Experian UK and then for Equifax its at https://www.econsumer.equifax.co.uk/consumer/uk/sitepage.ehtml?forward=gb_elearning_credit14 i think you will then need to send in a Consumer Credit Act Request to the bank asking for all information on this that they hold on you. Other people will come in here and help you further. Cheers. Good Luck.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

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