Help - RWay 9 Year Old Debt - lowell claimform What to do?

[SF2010]

Yes, I agree.

 

 

It would be nice for these organisations to give this advice though as it gives people a way of being more in control of their situation,

no matter the outcome of those checks, rather than being harrassed by the DCA's.

Its amazing how their tone changes when you start making the demands,

the tables do turn and its a great feeling when it does as Im sure many of us now know!

 

It gives me a reason to smile, though its not over yet!

[jimbo45]

Hi there

The main problem in any debt situation is for YOU to regain control. 99% of stress, suicides etc etc is that people get scared witless by the antics of DCA's etc who lead them into feeling that the whole situation is NOT solvable.

 

Just because you get into debt doesn't make you an evil or inferior person -- forget those bozos who go into a bar and have a whole "concertina wallet" of zillions of credit cards --they'll become unstuck like everybody else eventually.

 

It's NOT your fault if you lose your job because of jobs being off shored to India or because of other cutbacks. What you DO need to do is to REGAIN CONTROL so that YOU decide I CAN ONLY PAY XX PER MONTH and don't let the DCA ruin your life.

 

No matter how hopeless a debt seems just follow the advice on CAG and ABOVE ALL REGAIN CONTROL. Even if you owe several 000's of debt you can often take control and pay a nomonal 1 GBP a month with a court sanction and NO DCA can touch you again EVER.

 

Above all if it does go to court and you really have very little money DO NOT GET AFRAID -- a court will offer you a far better deal than your average DCA.

 

Cheers

jimbo

[SF2010]

Great Jimbo

 

Many thanks. I am a little scared as I didnt have to take this action, but the upheaval the last DCA caused almost sent me over the edge, so Ive decided no more skeltons lurking in the closet, I need to get them out once and for all, as clearly they can cause some real worry at anytime in the future and I just want to get full control of my life now and keep it.

 

Grateful for your kind advice and your right! x

[SF2010]

Hi All

 

Got letter today from RW stating they have not purchased my account and therefore no Deed of Assignment will exist. They have placed my account on a delay.

 

I will send Account in Dispute letter to RW next week anyway as its still required wherever they need to get the info from and 12+2 days is when it is required.

 

I have not had anything back from the OC SAR yet, but not due until mid Sept.

 

Thats it for now folkes! Advice welcome if appropriate!

 

Thanks

[SF2010]

Hi

 

Just to update, no CCA agreement receipt by due date last week, so dispute letter sent yesterday to RW by recorded delivery of course. They did write to advise me that as they dont own the debt, they have asked for the information and placed the account on hold.

 

I havent had anything back from the SAR yet, but they have until the end of the week to provide.

 

So time is moving on and I hope to be able to put this to rest very soon.

 

SF2010

[SF2010]

Hi All

 

No CCA and no SAR response received.

Date for SAR compliance now expired!

 

 

Im surprised, perhaps naively, that the SAR was not responded to by the OC as they were very quick to acknowledge the SAR in writing,

explaining that they will respond within 40 days.

 

This was prior to the CCA request to RW mind, so perhaps the order of events has now made them reluctant to comply.

 

I will take it as an oversight and send a LBA next week.

Of course, until I receive the CCA,

RW has placed the account on hold

and I have followed up with a Account in Dispute letter to RW after the 12+2 days,

even though they are not the owner and have sent me their account on hold letter.

 

I already have a SAR damages case going through the courts now a

nd would prefer not to make it a second,

but if needs must, I will do it because I think it is unacceptable

that you should feel you are doing something wrong when you cant ask them for a copy of the information held about you.

 

As suspected, I have heard nothing from Vilcollections, but I have sent them an account in dispute letter too.

 

We shall see what transpires!

[SF2010]

Hi Bazooker/ Caggers

 

I have just had my SAR delivered today and what a pile of papers! Ive spent the whole afternoon wading through to make sense of it all. They do appear to have a CCA, just my luck, but there are a few oddities. The information held in relation to this loan was very limited and mixed within different batches of information.

 

I have attached the CCA here **non working link removed as requested *** please advise your view on this as im not sure what they usually look like. It seems a little scanty compared to other CCAs, but they have not stated that it is a reconstituted copy.

 

Next is a batch under Blair, Oliver, S,

this info was information on a mixture of loan and credit card information log.

 

 

CC account was sold to Cabot and settled several years ago.

 

 

In the loan log there is a write off of the loan amount recorded on 10/10/04,

I continue with my £1 payments, then it was re-instated 20/02/06.

Throughout these docs, i dont see any mention of a default or termination.

Although Experian recorded the default and it was on my file as status 8, and defaulted in 01.

 

I have a copy of the personal loan account report/statement since inception.

I cant marry the details with the info help on BOS info held properly.

 

 

The account report shows consistent £1 payments throughout the loan period.

There are two letter charges of £10, but it doesnt show any default or a default charge,

and nothing recorded on the default date shown on the Experian report.

 

 

£1 payments started in 03 and have been continuous,

but the other paperwork in BOS dont seem to tally very well.

It is also of note that a narrative section on their logs could have been deleted as its just a series of dots, as if something has been deleted before it was printed.

 

 

My CCA request with RW is still outstanding and I have placed the account in dispute.

They said they forwarded my request to Halifax, but I have not had a response.

Plus they returned the letter and postal order to me.

 

 

Of course, some of the information within the CCA request is provided in the SAR.

Except for the Default notice, and the termination notice which were specifically requested in the CCA.

 

Im not sure how to proceed now, so any and all advice would be welcomed.

Edited September 22, 2010 by citizenB

[SF2010]

Look like the phot only shows the experian default. So posted again here:

http://s979.photobucket.com/albums/ae273/HAPPYNESS2010/HAL/

 

Oh, are those proper terms and conditions as I cannot find any detail anywhere else. T

he SAR shows charges on the current and credit card accounts, both are settled.

 

 

Interestingly, there is only 2 letter charges of £10 on the loan, which I find terribly hard to believe.

 

 

There is a gap from 01/00 to 01/02 without anything recorded,

4 further payments of £50 and £30 in 02,

then £1 payments from 01/03 with some gaps between payments.

I find it odd that nothing is added in charges on this account,

there are a number of interest payments though of course!

 

Please HELP!

Edited September 22, 2010 by the_shadow
Weblink now updated

[the_shadow]

SF2010 I've unapproved your post with the photobucket'ed agreement, I'll send you a PM.

 

 

 

UPDATE: NOW Approved.

 

S.

Edited September 22, 2010 by the_shadow

[the_shadow]

Hi SF, you state that they are in default of your S78 request, if so then no matter what they have sent in the SAR response they will still be in default of the request and will be unable to enforce (unfortunately tho enforcement in this instance only means enforcement through a court judgement).

 

S.

[SF2010]

Shadow

 

Are you saying that providing I dont give in to the threats that I will receive, they cant take me to court for payment? I'm sure they will send me the same CCA at some later stage when they try and take their "delay" of the account.

 

The thing is I dont understand if the CCA has what would be described as the prescribed T&C's? I didnt get anything but that, no notes, rights to cancel etc.

 

I dont know if they are forced to show a Default notice to go to court, as none was recorded according to their prints,

but it has definetly been registered and has since been removed from my old credit report as its well over 6 years ago (old report is kept in a safe place!).

 

I dont have a termination notice either.

 

I dont want to do any negotiations or F&F as I really cant afford it.

 

 

They were getting £12 per year for several years now. Im just trying to take it on, before it creeps up on me like another debt did recently

 

Please advise if they truly cannot enforce it (just scared!).

 

Once I know that, I'll be a little more comfortable when they start their bullying tactics.

 

Thanks

Edited September 22, 2010 by SF2010
I was at risk of confusing the Caggers !

[the_shadow]

Ok, No thats not what I'm saying... due to some recent court cases that set precedents they can take you to court but they CANNOT obtain judgement unless they respond to your s78 request.

 

What they sent in reply to your s78 request doesnt have to be the original doc, it can be reconstructed but in that case it would need to comply with the guidelines set out in the recent cases (carey vs HSBC being the main one).

 

They have sent copies of the original document and this does appear to contain the prescribed terms for a loan (although a)the pics are hard to read to be truthful and b) I'm not too hot on loan applications I'm afraid)

 

They would need to show if challenged that you were issued with a default notice to allow them to terminate the agreement and proceed to court, they dont have to serve a termination notice but a default notice is a requirement of the CCA1974.

 

Just noticed this loan is a consilidation loan, were you in financial difficulty? possible misselling of the loan avenue to look down.

 

Hope this helps and sorry about any spelling mistakes, I'm doing this from my mobile at present.

 

S.

[SF2010]

S

 

Thank you so much for taking the time to reply after a late night correcting my errors! I now understand it better. Ok, on the subject of being mis-sold, a very good point, I got this loan to pay off another Hal account detailed on the CCA, which I dont have any details of within the SAR and the rest going into my current account at the time.

 

I already had an Abbey loan from 3 months prior to this consoldiation loan and this shows from the DD statements enclosed, so it was in existence at the time of the loan application. In my budget sheet advising financial difficulty which they sent me a copy of, I had to throw in the towel, less than 2 years later. I also acquired quite a lot of charges on the current account. I know myself that it was stupid now, but that Abbey loan was for about £9,000 and I wasnt earning a great amount over 10 years ago. the amount oustanding now is less than £5,000.

 

So, my plan is to stay quiet unless RW contact me regarding lifting the delay.

When they do, demand they comply with the CCA request and remind them that I want to see a copy statements, DN, TN and T&Cs at the time the account was opened etc.

[Not sure what to do if they provide a copy of the CCA but no DN?]

See if they come up with a DN that they have not shared with me and post on here to check validity and I guess take it from there.

 

I offered 2 previous F&F at about 25 and 30% a few years ago, but they were not accepted. Im not in a position to do that now.

 

Thanks so much

[SF2010]

Oh, the charges on the current account would take some time to work out, but this could come to a pretty hefty sum, though I do find the way its set out pretty confusing! If pressed by RW, can I ask Hali for a list of all charges to the particular accounts, rather than the barage of information designed to stop you from working it all out? I can see that charges have interest applied too, but thats not easy to work out either.

 

SF2010

[SF2010]

Right, Ive waded through all of this stuff in the SAR and still cant marry up the info at all. They were sent in bundles which bound 3 different accounts information together, making it very difficult to fathom it all out. copy of info held by BOS, copy of info held on Common Processing System etc. So, its taken some time to seperate the info and I think there's something fishy going on.

 

Ive attached a breakdown. Could anyone take a look and tell me what you think please?

 

SF2010

SAR Info Breakdown.doc

Edited September 25, 2010 by SF2010
attachment not showing up

[SF2010]

Bump

 

Help please?

[unclebulgaria67]

A bit confusing.

 

Halifax card paid F&F, but still being chased ?

 

BOS loan- you were paying £1 per month for a while up to 08/06. You were paying via CCCS, but there was some confusion. BOS, thought you ended payment in 2004 and discovered payments in 2006.

 

What I would suggest that you do is write off to the Head office of the relevant part of the banks, just stating your confusion about what has gone on with the accounts. Make a summary of what they have told you in the SAR information and ask questions about the history of the account.

 

Basically ask them to provide the information you are looking for, without admitting to the debt. Don't get into enforceability arguments. It is just about the lack of information, to help you understand what has gone on with the accounts.

 

This ongoing correspondence about them helping you by providing clear information, should help you as you try to deal with them.

[SF2010]

Thanks Uncle B

 

Would you wait for the response to the cca request or just go ahead and ask the questions now?

 

Grateful for the advice!

[unclebulgaria67]

Yes I would send the letter. You could mention, that you have recently made the CCA request. Enclose a copy of the letter.

 

I think you need answers and it is reasonable to request the information.

[SF2010]

Hi

 

I have recently requested a CCA for an account I have been paying £1 to for many years.

The debt is 9 years old.

I have not had the CCA request complied with,

but seen a copy of the agreement with my signature sent within a SAR,

but no Default notice,

or logged date for default,

no termination notice or

logged date.

 

 

The SAR also shows this debt has been written off at least twice and then re-instated.

Once 2 years after written off.

RW have my account on a delay as the account was put in dispute for failure to comply.

 

Through my SAR,

I have copies of statements in relation to 2 seperate accounts, both are closed/written off.

Both the Credit Card and the Bank Account has a number of charges.

The content of the SAR was very confusing and a number of documents which show payments made have only been partially provided.

 

 

Balances on 2 seperate Halifax systems are completey different and differ by almost £1,000.

There is also information missing from the SAR, but I know how to deal with that.

I will send a LBA for full compliance.

 

As the matter with the loan has not been resolved, is it better not to reclaim the charges at this time?

The charges I speak of are not related to the account in dispute.

 

I have completed a calculator for the bank account, but dont understand how to do this for the credit card.

I just want to save it ready for taking action if/when advised.

 

I have seen on here where Caggers have said that you add all interest charges from the date of the first charge,

even if there were no non/late payment charges in the following month, still add the interest. Is that correct?

 

 

I also see where they have said you apply interest at 'their rate' which in my case was 1.50% per month.

Im sorry if Im sounding dumb here, but I am confused as to what to do.

 

Also, some Caggers say ask for the 8% interest up front and others say, you cant ask for the 8% until you are making a court claim.

Any advice on that too please? I have seen a letter where it states it includes 8% as the amount the court would award.

 

I just want to play it safe if its risky and leave it alone, but the claim would be worth over £1000 with the stat interest on just one of those accounts.

 

 

Can they use that to off-set the debt?

 

Advice really needed!

 

Thanks for your time!

[SF2010]

Bump!

[pumpytums]

Strange one that SF,

it seems strange that the account seems to have dropped off their system so to speak. As has been said a payment of £1 only resets the clock. It wouldn't stop them taking action if they wanted to. Very odd how they wanted you to increase it to £1.50.

 

The CCA looks enforceable at first look APR, Payment details, total credit etc.

 

Sorry I can't be more helpful

 

Pumpytums

[SF2010]

Not at all Pumpytums! It's very helpful. I have still sought clarification on the account that this loan was taken out to clear as I reckon it was consolidated due to financial difficulties. I will also address the 2 write offs which occured but was reinstated later. I've asked for a copy of the default notice etc, but this was not sent in the SAR, nor does it show on any log.

 

I believe they have been looking at my credit file and offered me a 'tickler' when I got a loan a few years ago.

 

I too find it odd that supposedly having everything needed they haven't tried to enforce payment. I'm not increasing payments, but after they have answered my queries, if all is in order, I may offer a f&f again. I do believe it was misold, but will have a better idea when I get the further info requested.

 

I have over £1000 worth of charges with the 8% statutory interest I could claim back and there's likely to be more on the account I don't have info about yet. It's not going to cover the total amount outstanding, but would bring it down a lot. It would make a very good f&f. Or I could push for a f&f and then claim it. It is now 13 years since I took the loan out, so advice on best plan of action would be grateful.

 

Thanks again!

[The Mould]

Hello SF

 

OK I have found you now (oh o, stalker) (ho ho), well it is very late now, indeed it is, so I shall attempt to have a read through your thread/story/case on the morrow old boy.

 

I hope you don't mind.

 

Catch up with you shortly.

 

Kind Regards

 

The Mould

[SF2010]

Thanks so much Mould!

 

Of course, whenever you can is more than ok, just glad of any advice!