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DN issued FLM whom I signed as a guarantor

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Hi guys,

 

I've decided to make my own thread and list all actions I've taken against FLM whom I signed as a guarantor for (stupidly enough). Regular payments have been met though sometimes a little late since the loan was taken out sometime in the summer of 2008 (found an exact date) but due to financial difficulties of myself and that of my guarantee'r, just not able to keep up as I'm now unemployed and on benefits. We're a couple of months behind now and I need help with where I should now take this so any advice would be greatly appreciated.

 

This is the action I've taken recently.

 

1) Sent CCA request, SAR request for guarantor'ed and harassment letter on 3/8/10 (Tuesday) by recorded delivery. I have confirmation it was received on 5/8/10. Is it okay I put them all in one big envelope? I couldn't afford the cost of each.

 

Recieved a letter on 10/8/10 dated 9/8/10 by recorded delivery with a default notice. Attached it below.

 

They seem to have completely ignored my request. Also, I've not received any response/acknowledgement from when the FOS sent them a letter on behalf explaining my financial difficulties which was sent on 16/07/10.

 

Can anyone help? I know they've taken others to court and been successful in getting their money through charging order so I am concerned but I'm hoping if I do everything according to my rights I can win? They do mean business by taking one to court and I know they're not bluffing. I can't pay off the arrears they ask for by the due date though, it's just not possible!

 

Also, and I know this sounds stupid but I can't actually remember how much was taken overall. It started with a £3000 loan but I'm not sure if I signed for a top-up or anything.

DNScan.pdf

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Having just re-read that DN it is defective, I'll be back in a minute.

 

They have 40 days to produce the SAR.

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Have a read through the attached pdf & pay particular attention as to how a DN should be formatted.Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983.pdf


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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Hi cerberusalert

 

My brain's not quite with it today--assuming it was posted 1st class,apart from the bit about 'Time Orders' etc what else makes it defective?

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It has to be set out and certain phrases highlighted in a specific way, the pdf tells you how it should be written.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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It has to be set out and certain phrases highlighted in a specific way, the pdf tells you how it should be written.

 

Brain still mushy.....the two important paragraphs have more prominence than the rest of the DN..what are my depleting brain cells missing here?

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Thank you so much for your responses cerberusalert and middenmess! I really appreciate it; if I wasn't so broke I'd damn make a donation now. Rep is about all I can afford at the mo.

 

I've had a read through the doc you included cerberus particular the bit mentioning default notice under section 87(1). As far as I can tell, they've ticked off every bit? Even using exact wording from the document. If it is defective, what would that mean? Should I be doing something?

 

Btw, I've been told today that they have issued a response to the harassment letter on that I sent on behalf of the original debtor saying that they would cease calls for 7 days. When I get a hold of it, I'll post it up. They've not acknowledged my CCA or the OD's SAR request which was sent with the harassment letter. Should I do a SAR for myself as a guarantor? I thought since I barely had contact with FLM, it would be best to do it in the OD's name and I couldn't afford doing both then (or even now really!).

 

Thanks again for your responses. I'm going to keep you guys posted. I know there's others going through the horror of dealing with this company so hopefully, this'll help them too.

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This was the response to the harassment letter. I was thinking of writing to them again insisting that communication be by letter alone (in need of the paper trail if they should go to court). I know FLM blatantly lie over the phone. Worth writing do you reckon?

 

Harassedit.jpg

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I forgot to mention that I came across some legal papers today that I honestly have no recollection seeing but was basically threatening legal action and had an example copy of the claim form! I thought it the real thing! This was dated on 8/6/10 and it also contained a photocopy of the CCA agreement for the top-up loan. The exact same letter was sent to the original debtor with their copy of the CCA but what I found really strange was that where it mentions repayment plan, mine has been obscured by some text or something that I can't really make out but looks to be a figure and a date. I don't understand though since wouldn't I need to see such info? Can anyone comment on this and the enforceability of the agreement, please? Bearing in mind, this was a top-up loan.

 

I've scanned the doc's and all areas in blue are what have been filled in but just been obscured.

 

OD's CCA:

ODCCA_0002.jpg

 

My CCA as guarantor:

 

MyCCA.jpg

 

T&C's accompanied:

TCs.jpg

 

I was also sent a statement history but this only dates back to when the top-up loan was taken out.

 

I'd appreciate any help whatsoever on this peeps.

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Sorry, duplicate post.

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Would anyone be so kind as to look over my response to them regarding the harassment by telephone? I'd like to send it today on behalf of the OD. Many thanks in advance.:)

 

Dear Mr Steer,

 

Thank you for your letter dated 6th August 2010 the contents of which have been noted.

 

I requested in my previous correspondence to you to continue communication in writing only – this request still stands.

 

I have no objections to communicating with you and I am legally obligated to be aware of any actions taken against my account but I request this once again in the form of writing.

 

Despite your objections to the contrary, I deem the frequency of your calls to be harassing in nature which is not only inconvenient but distressful to me and my family so much so we feared answering the phone. I, and others in my household, want to be able to answer our phone without such anxiety.

 

Additionally, in the event of court action, I wish to retain a paper trail and avoid the hassle of proving the misinformation and inaccuracies that have been relayed to me on the phone by FLM staff and those working on its behalf.

 

I therefore reiterate my request that all further communications be in the form of writing ONLY and remain so throughout my dealings with anyone dealing with this account. If this wish is ignored, I have no choice but to refer the matter to the relevant bodies outlined in my previous letter to you and calls will be recorded and used as evidence.

 

 

Yours faithfully,

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Bump

 

Any help on my next course of action? My SAR and CCA request have been fulfilled. I honestly don't know what to do now (not looking good for me) :Cry:

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hi guys,

 

Just an update:

 

I've had a response to my complaint made through the FOS in which I mentioned how unreasonable FLM were being with my account and not taking into account my financial difficulties. They've basically replied saying they can't lower amounts, nor freeze interest or charges. I want to take their response to the FOS to have a look at yet I'm not sure how I should go about making a strong case. Would the unfair charges be my main point? FLM have not addressed these issues directly in any correspondence sent. There's other issues too where they've blatantly lied when giving info. Would this be worth mentioning?

 

As the default notice remedy date has passed, I take my account has been defaulted?

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Hi there,

 

Although I've requested all communication be in writing, this request has been ignored by DCA and of course, they're trying to intimidate on the phone about what'll happen if I don't heed their threats. I'm being deliberately lied to on the phones about my rights. Is there anything I can do about this? Can I use what they say as evidence against them? I'd like to get a tape recording of the call but would they comply, I dunno.

 

I am aware of truecall but that's not something I can afford unfortunately.

 

thanks for the help/advice

 

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You are perfectly within your rights to record calls, though if you tell them in advance you might find they suddenly need to hang up so that they can do something else. I don't know if it would work, but you could just record on your mobile?

 

If you just want them to stop calling and threatening, refuse to answer their security questions and keep repeating 'in writing please' until they give up and go away. If you want to get more creative, try saying 'Hold on while I get my card' and see how long they wait before hanging up, or use a whistle, a chatty 3 year old, or any of the millions of other suggestions that are around.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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I am lucky in that I have an old modem that I was able to use to record calls from MBNA, at first they did not listen when I told them I was recording calls. So I sent them a copy of one of the calls when they were making threats. All calls stopped.

 

dpick


cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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thank you both for the responses. I think I can try being a bit creative =) I do like a wind up now and then. What I find funny is how annoyed they were getting with me because I wasn't intimidated by their scare-mongering. I think I did manage a laugh or two; that couldn't have been how they pictured the conversation going.

 

LOL, dpick...thats brilliant! I wanna do sommat like that now. Record their calls and send it back to them.

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My best ones so far have been

 

1. When asked for my fathers first name for security purposes I said I couldn't do that as I was an abandoned child

2. Telling somebody from a loan company that I was a dominatrix and needed more money as my equipment got damaged at the last orgie I had

3. Kept speaking in Japanese....

 

See if you can find the thread 'Cheekiness towards a DCA', full of brilliant suggestions....

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Hi,

Do you have a home phone with loudspeaker mode?

Do you have a mobile with record function?

If yes to both then you will have no problem recording the calls.

 

You do not have to tell them they are being recorded however, you cannot use the actual recordings without their permission. You can however, transcribe it to paper.

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If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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answer the security password with NAME SIR spell it out the name UR ATWIT

hehe

patrickq1

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http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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you are terrible sg BUT I LIKE IT hehe


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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who is the DCA


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Hi,

Do you have a home phone with loudspeaker mode?

Do you have a mobile with record function?

If yes to both then you will have no problem recording the calls.

 

You do not have to tell them they are being recorded however, you cannot use the actual recordings without their permission. You can however, transcribe it to paper.

hi silverfox

yes, I do though I must admit quality aint so good.

 

Thanks for all your responses guys. (lol@ the crazzzy suggestions...cheekiness ahoy!)

 

Just to update. I got an sms text message on my landline that did not refer to anyone by name but stated the amount and arrears on this loan account and that my goods were threatened by 'bailiffs' also mentioning the creditor's contact details. I couldn't believe it as anyone could've picked that up (which wasn't me incidentally). I've written a complaint. I don't think anyone else but me should be privvy to such information. desperate or what?b

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I found the original thread I mentioned, its been responsible for the death of numerous keyboards across the country.....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?131409-Cheekiness-towards-a-DCA&highlight=cheekiness+towards+a+dca

 

Should brighten up a very wet weekend or two....

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...

 

Just to update. I got an sms text message on my landline that did not refer to anyone by name but stated the amount and arrears on this loan account and that my goods were threatened by 'bailiffs' also mentioning the creditor's contact details. I couldn't believe it as anyone could've picked that up (which wasn't me incidentally). I've written a complaint. I don't think anyone else but me should be privvy to such information. desperate or what?b

I've spoken to the ICO and apparently there is potential DPA breaches here. I'm now making an official complaint with them as the company have failed to respond satisfactorily (basically fobbing me with off with FOS...another complaint process). I honestly don't feel bad at all. I've been treated appallingly by them...such horrible horrible people. They honestly wouldn't care if I was starving so long as they, the hungry beasts, were fed.

 

thank you guys so much. Don't know what I would have done without this forum

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