lombard loan from 2002 still being chased in 2013

[Iamharrassed]

Firstly I have been successful in getting back my PPI on this particular loan.

 

However, the bank decided to keep it to reduce the loan amount owing.

 

The loan was £5600 and the PPI amount kept by the Bank (RBS) was £4400 so I am left with Arden chasing me for the remainder.

 

This despite many previous letters offering a huge discount if I had settled.

 

I'm not in a position to pay this and would like some advice on how to reply to Arden.

 

Should I make a silly offer.

 

This latest letter from Arden has said that if I do not reply or contact them the debt will be transferred to

another DCA who in turn will instruct a visit to my home to discuss my reasons for non-payment.

 

Received on the same day another letter from Idem Servicing which is a Notice of Sums in Arrears a

nd shows the amount taken off from the PPI repayment.

 

So who are idem Servicing, are they part of Arden, does anyone know?

[victoria_siempre]

Hi Iam

 

All part of Paragon group; please see other threads.

 

x

 

v

[Halibutt]

Idem Servicing recently took over Arden Credit Management, who are, as Vic says, part of the Paragon Group.

 

Since Idem took over Arden, they have really gone downhill. If you search "Arden" on CAG, you'll not find anywhere near as many complaints as you will with other DCAs. However, I have the feeling this will soon change as their incompetence now seems to be approaching that of people like Lowell, Rockwell and Mackenzie Hall.

 

I'll be posting about Arden's latest fiasco soon - once they've replied to my latest letter.

 

However, back to the point - Arden do seem to back off when in receipt of an adequately worded letter, so firstly, have you sent a CCA request to Arden? How much is still owing? Send them the In Writing Only and the No Doorstep Visits letters. They shouldn't pass on the debt without supplying a valid CCA and if they don't, then the debt is in dispute. This means they also shouldn't sell it on and you can tell any subsequent DCA just that, using one of the letters in the CAG library.

 

Have you investigated unfair/illegal charges to reduce the balance further?

 

Hold off on offering a full & final for the moment and let's see what more we can discover. Let us know if there's anything you need.

 

H. x

[rdm2006]

Before you do the above how old is the debt? Was your last payment more than 6 years ago? if so it is statute barred

[Halibutt]

Before you do the above how old is the debt? Was your last payment more than 6 years ago? if so it is statute barred

 

Agreed, as the off-set PPI refund shouldn't restart the SB clock as far as I'm aware. It does depend on when you last made a payment though and if you have acknowledged the debt in writing within the 6 year period (5 in Scotland). If you do think it's possible that you might go down the SB route, then be absolutely sure of your dates before sending anything.

 

H. x

[impecunious]

Firstly I have been successful in getting back my PPI on this particular loan. However, the bank decided to keep it to reduce the loan amount owing. The loan was £5600 and the PPI amount kept by the Bank (RBS) was £4400 so I am left with Arden chasing me for the remainder. This despite many previous letters offering a huge discount if I had settled. I'm not in a position to pay this and would like some advice on how to reply to Arden. Should I make a silly offer. This latest letter from Arden has said that if I do not reply or contact them the debt will be transferred to another DCA who in turn will instruct a visit to my home to discuss my reasons for non-payment. Received on the same day another letter from Idem Servicing which is a Notice of Sums in Arrears and shows the amount taken off from the PPI repayment. So who are idem Servicing, are they part of Arden, does anyone know?

 

 

A portion of the PPI refund would have included statutory interest of 8%. As far as I know, that is due to you and they can't offset that against your indebtedness. (That's your compensation.)

 

I was in a simiilar situation but LTSB, despite threatening to keep the lot and offset it in total against my outstanding loan, refunded me in full (and are still chasing the debt).

 

Perhaps one of my fellow CAGgers can advise on this.

 

 

 

Impecunious!

[brokebutnotbeatn]

Yes, absolutely you have a right to that refund whatever they say and the loan has to be put back into the state it would have been without the ppi. Stand firm. Write and complain formally to them.

[DonkeyB]

A portion of the PPI refund would have included statutory interest of 8%. As far as I know, that is due to you and they can't offset that against your indebtedness. (That's your compensation.)

 

I was in a simiilar situation but LTSB, despite threatening to keep the lot and offset it in total against my outstanding loan, refunded me in full (and are still chasing the debt).

 

Perhaps one of my fellow CAGgers can advise on this.

 

 

 

Impecunious!

 

Indeed – and they are withholding moneys that you should be paying to the taxman (as the 8% is technically taxable, I’m afraid). Don’t think HMRC would like that!

[Iamharrassed]

I have now had 3 doorstep visits from Resolvecall, although I only answered the first one, after which I sent them the standard letter re doorstep callers as advised by this forum. This letter included the withdrawal of all permission implied or explicit for any representative to come to my property and I also added that no resident of this property recognise any liability to Resolvecall or any company they claim to represent, as I have had no dealings with this company before.

 

However another letter from Resolvecall informs me that as part of the credit agreement I signed and entered into, I agreed to pay the full outstanding balance and that where necessary the creditor could recover the debt by outsourcing the debt to a third party which included by way of doorstep collection. The second paragraph of their letter reads "Therefore the licence you state that has been revoked is irrelevant which for the avoidance of doubt we do not agree to, is not binding on us as it does not fulfill the relevant principles of contract law" I have no idea what this means or to what is refers.

 

They end with stating that they are entitled by law and under contract to recover monies outstanding and can take rteasonable steps inn accordance with regulatory guidance, which I assume means they can send someone round.

 

I'm now wondering where I go from here. This debt by the way is the remainder of a debt for which I reclaimed PPI which the bank kept to write off the debt and left just over £1000 owing, so they have had a huge chunk of money back anyway.

[i hate bailiffs]

i hope you have washed the doorstep down if they are going to collect it:wink:

 

how old is the debt/when was last payment

[brokebutnotbeatn]

Next time tell them to wait while you call the police (not 999 though) to advise them that someone is traspassing and refuses to leave....

[Iamharrassed]

This is an old debt and the last payment was made in October 2009, apart from the PPI refund the bank kept in December 2010.

[sillygirl1]

Contact the OFT, they are breaking the OFT Guidelines in Debt Collecting, they are talking claptrap as you can revoke their access to your property, it is not subject to their misinterpretation of guidelines or law.

[Stigman]

What is the debt regarding? Loan, Credit Card, Account etc. ?

 

You stated that you claimed back the PPI, Did you claim back the unlawful penalty charges as well?

 

As to anyone turning up, tell them to leave your property immediately or you will call the police, if they refuse, call the police and they will remove them on your behalf, doorstep collectors have no legal powers, are not bailiffs and cannot take your doorstep regardless of their fetish!

 

Stigman

[BanditQueen]

You need to tell them to get stuffed; you cannot afford the payments and offer them what you can realistically afford. If nothing, then offer them nothing. They cannot force you to pay anything more than you can afford. Go to the CAB debt people and have them do an income and expenditure form and deal with them.

 

Tell them to stop contacting you. Do not answer them on phone or door and if one comes phone the police as they are trespassing or move them by force. Shout go to hell at them at the top of your lungs and the police are on the way and slam the door shut.

 

Send the letters again saying you are calling the police and they are in breach of trespass and the moment one comes call the police. And then get professional help.

 

If they take you to court tell the court you can only afford a small amount and they have to take your circumstances into consideration. The idiots cannot force you to pay and they cannot make threats. You may have signed something but that does not make it fair or legal. You may not have read it properly or felt pressured.

 

You need to ask them to send you the original agreement and a full list of statements that you have from the loan at the start to now. If they cannot do this within 28 days you do not have to pay. They cannot force you to give them any financial or personal information or ask anyone else for it. They cannot take your goods.

 

They cannot come into your home. They cannot come to your home without your permission and if they attempt to take you to court, get someone to go with you who is an expert in debt and counter claim for anything you can: fees, charges, interest, PPI and for harassment compensation. Do you know anyone who can open the door to them other than you, who is a bit more street wise?

 

I do not recommend violence but a few harsh words on the reality of just where they stand before the law and what you think of them and their debt would just about make sure they do not come back and save you from facing them.

 

Above all; stop being afraid and stop worrying them: they have no legal powers at all and cannot force you to pay if you do not have the money. Stand your ground: you have rights: enforce them.

Edited July 31, 2012 by citizenB
formatted for easier reading

[sameagle]

You've been advised in a previous post to wash your doorstep, so that it's nice and clean for them.

 

It would be quite a coincidence if you were to wash it, just as he was about to knock - and as we all know, doorstep washing always commences with a good sluice down with a bucket of cold, icy, water!

 

Whoops!

 

Sam

[citizenB]

Have they provided you with a copy of the agreement where their statement, that you agree to permit doorstep callers, is mentioned ?

 

The OFT guidelines state that they cannot just arrive on your doorstep without an appointment !

 

The fact that they have now made 3 doorstep visits, borders on harassment.

[Iamharrassed]

Have they provided you with a copy of the agreement where their statement, that you agree to permit doorstep callers, is mentioned ?

 

The OFT guidelines state that they cannot just arrive on your doorstep without an appointment !

 

The fact that they have now made 3 doorstep visits, borders on harassment.

 

No they haven't, but I have written and asked them to provide it, so I will wait and see what their response it.

[citizenB]

No they haven't, but I have written and asked them to provide it, so I will wait and see what their response it.

 

[Sparks_]

Quick query, has anyone thought of taking a few pictures of different doorsteps and send them to all these doorstep collector? Seems they are desperate to add to their collection!

[Happyhippy1959]

oh good old resolve call, had the same problem with ex,, they said the same bullocks but with the help of Boo and Brig sent them a really nice letter on behalf of mrs ex and in no uncertain terms told em they were talking bullocks and the police would be called etc and to add a little flair, explained to them in no uncertain terms that they certainly were not above the law of the land... Letter back saying we know that blah de blah, we won't be calling again !!!!!!!!!!

[BanditQueen]

Just had a silly thought. How much do you think I could sell my doorstep for to one of these goons since they are so anxious to collect it?

[Happyhippy1959]

Depends on the make of the doorstep, is it river stone, concrete, brick or just plane bog sand stone... !!!!!!!!!!!!!!!

[sillygirl1]

I did find a link some time ago for doorsteps for dolls houses, you could always get one of those and send it to them to save the bother - I often wonder now if there is a warehouse full of doorsteps somewhere.

 

My favourite line at the moment is

 

'You cannot send somebody round to collect my doorstep as it has already been taken, and the neighbours in my lock are complaining about lack of access to the building."

[Sparks_]

Can I ask, what exactly is counted as a door step? I dont think I have one.