Jump to content
  • Tweets

  • Posts

    • All Talk Talk Direct debits/standing orders, etc were all cancelled correctly and set up for BT. Talk Talk took the money from my debit card details which they had retained. I have now blocked this too. I just want my money back!
    • On the basis it was a direct debit from the bank. Why did you not use the DD guarantee and insist the bank refunds the money.     
    • Basically i can claim for my excess and loss of earnings as i was self employed and cost for hire of van, solicitors have asked for uninsured losses, if lossess are not included in claim i cant recover them at later date the letter states.  
    • Hi All,   On 26th May this year I called my broadband/phone service provider, Talk Talk, to inform them that I would be leaving them and moving to BT at the end of the month.  My contract with Talk Talk had officially ended back in October 2019 and I was just paying them on a monthly basis for continued service. I was advised that I did not need to do anything, as arrangements would be made on my behalf to keep my existing number etc between Talk Talk and BT.  I began my contract with BT on 1st June.  I cancelled my bank payment arrangements to Talk Talk and set up new ones for BT. I then received a bill from Talk Talk for June's monthly charges, which I ignored as I was no longer a customer, I owed them nothing, and they were not providing me with any kind of service. I then received a second bill from Talk Talk for July's monthly charges. I called Talk Talk to explain their error but they insisted that I was still a customer using their services.  This was despite me proving that I have been a BT customer for the past two months and paying BT for services that Talk Talk are claiming to be theirs. Talk Talk then took £60.39 from my bank account on 2nd August, despite having no authority or consent from me to do so.  I complained to my bank and they explained that utility companies hold on to customers payment details (despite GDPR) and this practice is common.  I have now instructed my bank to refuse any further payments to Talk Talk, by any means!. I phoned Talk Talk to complain and insist they repaid my money immediately as it had been obtained fraudulently and they are not providing any service to me anymore.  The adviser couldn't help much, but promised me a call from a manager later in the week.  The call never materialised. I called Talk Talk myself today, and after nearly four hours of phone calls, being put on hold, transferred, being made promises and making more calls, I have got nowhere. One manager did offer a token £30 payment which I obviously turned down.  I eventually hung up after being put on hold for over 20 minutes during a call lasting over an hour. These people are ignorant at best and impossible to deal with. Please could someone advise me on how to get my £60.39 back from these people?  
    • They can ask you to help them.   The reason for doing this is that the accident was between two private citizens with the Insurance companies covering the risk.  The Insurance company need your assistance to claim directly against the other driver, as the other drivers Insurance are not paying the claim.  Each Insurers pays 50% of the claim costs.     If you don't help the Insurers, I am not sure what they can do about this, as you are no longer a customer of theirs.   Perhaps ask whether they will cover your costs. e.g. time. 
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
londonrabbit

Strange situation with bank loan - advice needed

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4072 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi

I'm new to this site and would really welcome some advice. My situation is rather complicated. I took out a loan in 1999 for a two year postgraduate course with a High Street bank, who at the time I also had a current account with. They set up a standing order to start the repayments after I finished my course. I paid them for a couple of years, and then one month my payment bounced as I didn't have enough in my current account. I then realised that they didn't seem to have noticed that the loan account was a month behind with payment, so I cancelled the standing order and waited to see what would happen. At the time I was very badly off and couldn't afford the repayments and to be honest I can't now either. The bank never noticed that I had stopped repaying the loan! They have carried on sending me statements and interest continued to be added (at a relatively low rate) but that was it. I did receive one automated letter two years ago that said they had noticed I hadn't made a payment to my account for a while - like the kind you receive if you have to fund your account to keep an overdraft. I made a small payment as I was worried but I heard nothing further.

I no longer use the current account with them and the loan has never appeared on my credit checking file. I have a copy of the credit agreement but something has clearly gone wrong in their systems. The whole thing is very odd.

Is it worth me writing to them asking for the agreement etc? Having read some of the info here, even if they don't have it, the agreement is still enforceable is that right? Sorry for the long post. I now owe them £15,000.

Share this post


Link to post
Share on other sites

It depends on you, if you leave it alone they may eventually notice, if you remind them then they will notice

 

if you had not made the payment 2 years ago then it would have been statute barred by now and they could not collect on it anyway


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

Share this post


Link to post
Share on other sites

Hi,

As PGH has pointed out they might notice this soon enough nd take action as they did with me.

I had a loan, I did not cancel the DD that paid the loan I just stopped servicing the account.

After this I only received letters about not paying funds into the current account, no mention of the outstanding loan repayments, I never received a default notice either. I think there were 4 months remaining to pay when I stopped using the account.

A couple of years passed, I then received a county court claim and soon discovered they had amalgamated the outstanding loan repayment with the overdraft in their claim. When I defended this claim they said that a default notice was issued.(Oh yep, course it was)

So basically they didn't bother trying to collect the outstanding loan until they issued the claim for the overdraft.

 

On your statements received since the cancelled SO is there any mention of the loan?

If you want to act on this at all it might be the best idea to do a full SAR and see what that turns up before doing anything else.

Edited by questioning

For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

Share this post


Link to post
Share on other sites

They still send me statements for the loan account. They just don't seem to notice that I haven't paid anything on it. I thought the Limitation Act didn't apply because of the fact they are still sending statements, but in fact I have to acknowledge the debt is that right?

Thanks

Share this post


Link to post
Share on other sites

you have to acknowledge the debt either by a written admission or by making a payment


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

Share this post


Link to post
Share on other sites

Ah ok. I've made a bit of a mistake there then. I'm tempted to leave it and see what happens, or is that a very bad idea? Only problem is, it will carry on piling on the interest, and once it hits the "limit" of what the bank seems to see as an overdraft, I may be in trouble.

Share this post


Link to post
Share on other sites

Sounds like your in trouble now so another few months / years of interest wont make much difference.

 

It really is a choice of alert them now or wait, which at the end of the day only you can decide


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

Share this post


Link to post
Share on other sites

I reckon they will notice before the limitation period is up so I will probably write to them. I can scrape a monthly repayment together if I have to.

I still am not sure about whether a loan is unenforceable if they can't provide the loan agreement though? Some things I read say that's the case, others disagree.

thanks for your patience....

Share this post


Link to post
Share on other sites

it all depends on what the agreement if there is one comprises of.


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

Share this post


Link to post
Share on other sites

Hi,

Your situation is similar to mine then, I wasn't quite sure if reference to the loan was still appearing on your statements.

The loan showed on my statements too, but the bank never tried to collect it. Two years or so passed and then they lumped the OD with the loan in their court claim.

 

A good place to visit would be the legal success forum, DCA Legal Successes - The Consumer Forums

Here you can read about ways to defend the absence of an agreement along with the cases where the agreement is not enforceable.

There could also be issues with a default notice, there's shed loads of info on cag, it just takes a long while to read and understand the issues.

This is a good thread to look at too, if you haven't already....http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html


For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

Share this post


Link to post
Share on other sites

What was the outcome of your situation Questioning?

I think my agreement (I still have a copy) has been set out properly. What I can't get my head round is whether it matters if they can provide a proper copy of the original signed agreement or not. I really don't know what to do. And if it is timed out because of limitation issues (if I leave it as it is and don't pay any more) would my credit rating be completely messed up?

Share this post


Link to post
Share on other sites
What was the outcome of your situation Questioning?

I think my agreement (I still have a copy) has been set out properly. What I can't get my head round is whether it matters if they can provide a proper copy of the original signed agreement or not.Yes it is that which makes all the difference, very basically, If they don't have the CCA they cannot enforce the debt in court. Not having one is a bargaining point also. I really don't know what to do.you need to read on the forum, read up about defaults and default removal too, and the need for a default notice. you will then become knowledgeable on aspects of consumer credit law etc. so that you can make your own informed decision. And if it is timed out because of limitation issues (if I leave it as it is and don't pay any more) would my credit rating be completely messed up?

 

Hi,

You really need to read the links I gave you as they will reveal loads of info. have a look at the legal forum as well as the legal successes which I linked you to.

An example, If they did not have a CCA you would then be in a position to refuse to pay anything or offer a very small amount as a full and final settlement, along with removal of any marks on your credit file, if in fact they have marked it. You said they had not marked your credit file yet.

 

The best advice I can offer is to read and read the forum, once you have knowledge you have power.

With out the knowledge you are vulnerable.

 

The outcome for me was that after a couple of years of the odd letter from bank saying please pay Overdraft and no mention ever of the loan the bank issued a court claim.

I defended and they did not respond to my defence so the claim was stayed and has been for 10ish months.

 

Hope this helps, and I hope you understand why I emphasise the need to read the forum to educate yourself with these matters.

I found the forum last year in April and at that point I didn't even know what the CCA was. I have learnt shed-loads, If I can then anyone can.

Cheers Q.x.x

Edited by questioning

For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

Share this post


Link to post
Share on other sites

Ok, thanks a lot to both of you. I have read up a fair amount but still found it a bit confusing and also believed (wrongly as it turns out!) that my situation was unique, as most people who challenge the legality of their agreements seem to being chased for payment, whereas I have been able to bury my head a bit.

Share this post


Link to post
Share on other sites

Hi,

If you decide to leave it and carry on as you have been you could always keep researching so that if they make a move you'll be better informed as how to deal with it.

There's no telling if they will start to collect, there are cases where they make a move just before it becomes stat barred and also cases where they try and collect even though it is stat barred. If you arm yourself with all the info then you will in a position to fight.


For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...