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My girlfriend took out a loan with beneficial finace in october 2008 and since then she lost her job and is currently unemployed the loan was for £2500 with £100 a month payments. I paid a lump sum of £1000 pound off the loan for her and they have set up a new payment plan of £30 a month with her. She is currently claiming job seekers allowance which is £100 every 2 weeks and they said to her that the £30 a month is the mininmum payment that they would allow her to pay which she is finding hard to manage as she has other commitments. The problem is even though she is paying on time they are trying to charge her late payment fees for some unknown reason and they wont accept any lower monthly payments either. Also she took the loan out at a local beneficial finance branch which has since closed down so is it worth sending a cca request to see if the debt is enforceable or not as they might not have the original credit agreement sorry its a bit long winded im just trying to give as much info as possible i would greatly appreciate any advice on this matter thanks.

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There is no reason why she should not ask for a copy of the agreement but with it being so recent chances are they will have an enforceable agreement. It doesn't matter what Beneficial say is the minimum they will accept - she can only pay to her creditors what is left over after her basic living expenses - rent, food, gas, electricity, clothing. She should have a benefits check to make sure she is claiming all she is entitled to. Once she has set aside her basic living expenses, she pays her creditors what's left on a pro rata basis. If Beneficial only get £1 a month, so be it. If they don't like it they can take her to court and they know a court would not order her to pay more. Golden Rule - NEVER talk to them on the phone - they will only bully her into paying more than she can afford. Everything in writing.

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Thanks for the advice i will let her know.

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Are the late charges for £15 which are being added under HFC's pretext of sending a monthly Default Sums notice?

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yes the charge is a £15 default sums notice but they say they are doing her a favour and charging £10 on this occasion. But the point is the payment was on time so they should not be charging her. Thanks

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they were doing this to an alleged account my OH had. OH had been paying an agreed minimum of £8 per month and each month they were trying to add £15 using these Default Sums Notices:mad:.

 

The National Debt Line advsior looked up the legislation and told us they aren't allowed to charge for sending Default Sums Notices. Make a formal complaint to HFC and tell them you want them removed or you'll report them to relevant regulatory bodies.Send your compaint by recorded delivery as they'll say they didn't receive it.

 

They eventually removed £400 of charges as a so called goodwill gesture , but by that time we'd asked for the copy of agreement and as they're rubbish with paperwork they finally admitted they couldn't find it. So now they're getting paid nothing:lol:

 

It's a waste of time speaking to them so as Pinky said keep it all in writing. Can give you a contact name and address for their elusive Complaints Dept if you need one.

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