Righto, a SAR t GE Money, along with the ppi claim. And a letter to Kearns explaining what I have done and asking them to freeze the account. Am I fit in assuming that while I am asking for a SAR, they must freeze the account?

Post 37 page 2

Does this work?

I am struggling to upload again. I attached the CCA and t's and C's on a previous post.

If the OC terminated the account, what would the implications of that be?

No. HW do I go about getting that, and stalling the solicitors?

So I have had a response from Kearns solicitors and this is it. Dear blah, We write further to the receipt of the letter dated 2nd February 2016. This matter relates to a Fixed-Sum Loan Agreement financed by GE Money Home Lending which was subsequently sold/ assigned to our client, Asset Link Capital (No 1) Limited on 17th May 2007. You are clearly aware of your responsibility to pay our client as following assignment and up to November 2013 you were making payment via an agreed payment arrangement with Pay Plan ( debt help and advice) whom you had instructed to assist you with financial affairs. You have queried the fact that following the assignment of the debt that our Client continued to debit interest to your account. The interest that was debited was contractual interest ( see enclosed copy of the Loan Agreement) . The Credit Agreement provided that interest would be debited each month on a compound basis . As the debt was acquired prior to the expected completion date of the agreement ( payable over 120 months) interest continued to be debited to the account until October 2011 at which point the interest was frozen as the interest charged was equal to but not more than, the interest that would have been charged should you have paid the contractual instalments as and when they became due. Our Client has not, as suggested, sought to recover any interest that they are not entitled to charge. We are aware that you are currently experiencing financial difficulty and as such we are instructed to request you to propose a payment that is affordable to you supported by details of your current income and expenditure. Should you fail to propose payment we are instructed to issue a summons to secure the debt under a County Court Judgement? If you wish to contact us blah blah

I couldn't send the letter before because I did not have an address for Kearns!!! And thank you

righto. just had a letter from Kearns saying if I don't pay them the full amount then I will be taken to court in 14 days time. I have just drafted the letter and will send tomorrow. lets see what they say to that. if they still go ahead, what can I do next? at the bottom of their letter, they say this " You should be aware that, under your contract, interest at the contractual rate continues to be charged until the debt is fully repaid. This applies whether or not an order is made by the court to pay off the debt by installments, unless an order is made under section 129 of the Consumer Credit Act 1974 ("The Act"). An installment order of this kind is called a Time Order. You can apply to the court fro a Time Order and if it makes a Time Order, the Court also has the power to reduce the rate of interest charged on the debt over the period of instalments. A Time Order will normally be made only if you are in temporary financial difficulty but are likely to be able to resume repayment of the installment due under your contract." What the hell does this mean to me?!

So, in short, email the letter to Link, and the solicitors?

Well!!!! Thank you so much I can see I still have lots more digging to do to find the rest of the paperwork. I have had to deal with a HUGE amount of paperwork over the years so that may take some time. I don't think I have the other agreement. And I haven't paid for two years. I need all the info from PayPlan I think. I am pretty certain the debt was defaulted, and sold on. Like I said, I shall have to do some digging. That won't be till the weekend as I am tied up every other evening this week with work. Should I wait for their solicitors to contact me?

If the agreement is wrong then surely it is null and void?

Yes please I would appreciate that very much

Yes, this is all they have. Does that make a difference? No, I have not SAR'd First National. I have no idea if they terminated the agreement. So, that is my first port of call. How do I stall the solicitors? And I think it was sold on to Link early 2007? Not sure.

Thank you - I appreciate it.

I can see! Thank you So, where now then?

Done! What a faff! CCA return.pdf

Hi, Ok. I DO have PPI on the loan so will out in a claim for that. I checked out the debts Debt 1: Original credit: £1618.57 Link says its £1736.45 They added interest and bumped the debt up to £2479.85 I have actually paid £1430.36 Debt 2: Original credit: £1219.40 Link says its £1430.66 They added interest and bumped the debt up to £2201.55 I have actually paid £789.66 I have the original CA in front of me, can you explain what exactly I am supposed to be looking for with regard to the interest? I will wait till I hear from the solicitors and then demand statements for every single transaction that has taken place. If it goes to court how successful am I likely to be if I argue against the unfair interest charged? I am prepared to pay off the remaining part of the original loan, but I fail to see why I should pay Link nearly 2k of interest when I was in a DMP and going through a rather acrimonious divorce. Hence the DMP.

Yes, I will fish them out later. Thank you

Yes, the debts would have been clear. what do I do with the Solicitors then? I don't know about the T's and C's - I will fish out tomorrow. Still leaves me with the question of what to do with the solicitors.

Ok, thank you for that. What do I do now though as its been handed over to solicitors?

Many thanks for your answer. However, I need to make one thing clear, these debts are not for store cards. I have no idea who put this in the title because it's not true. They are for a front door and two windows and were loans from GE Money. The debts date from 2005 and 2006. I haven't paid them anything for at least 18 months. During this time they have not contacted me other than to send me statements. I know I have paid back the original amount since I defaulted in October 2006. I paid into Payplan untilDecember 2013. I also know I have paid more than the original debt. I do not agree that I should pay them unfair interest applied after I had gone into a DMP. Link have now passed one of the accounts onto their solicitors. My question now is what do I do? I do not want to go to court. After all this time and now seeing light at the end of the tunnel, I do not want to go through the ropes all over again. Do I ignore? Do I wait and then challenge? What? The debts are enforceable - I CCA'd them a couple of years back and they produced the original documentation.

since writing last , Link have finally decided to send one of my debts to their solicitors. I have paid back the debt but because they added interest AFTER it had gone to PayPlan, the "debt" now stands at £1875. But I have actually paid back the debt. It is enforceable. So what shall I do now ? Tempted to SAR them and take it from there. What if they take me to court? I have paid the damn debt!!

Not a lot really. They keep asking for I&E and I haven't given it to them. Couldn't make a payment in Feb because the car failed the MOT. Didn't make one last month because the washing machine broke. I write to them and told them , they put my account on hold. But they want I&E. And I don't want to include my husbands income. The debt has bugger all to do with him.

How can they ask for joint I&E for a debt in my name only when the debt was incurred before I met my husband ?!!!