Help needed :(

[paulo671067]

Hi folks,

 

1st time i've used anything like this, i got a letter today from 1st credit re: a debt i had to Lloyds TSB. Basicly i took a loan out back in 1998, and and became i'll with severe depression about 18 months later. i phoned the company that the payment protection was with and they said i was not covered due to them not paying out for stress related conditions.. due to my not working my bank account became overdrawn and they kept adding charge after charge untill it eventually hit about £1100. so in total i landed with a debt from the charges and loan of more than £2600. i was paying the debt back to Mckenzie Hall at a ridiculas £7.50 per month for about 3 years up until june last year when i lost my job and family breakdown and became a single parent. I heard nothing from Mckenzie Hall since then regarding my payments not being made, and today i find a letter from 1st credit when i got home and they're asking for £2343.00 regarding the debt.

With regards that the ppi was quite clearly mis sold and the bank charges were exsessive, do i have any leg to stand on at all??? from what i can figure, i dont as both are well outside the window to which many peolpe have put in a claim. What makes me so damn angry, is that i kept up with the load repayments up until i became ill, and then got shot in the back when i needed the ppi, and as far as the bank charges are concerned, i just got palmed off with an excuse that unless i brought the account back into credit, then they could not stop the charges!! it makes me sick that i have to pay this debt as i feel i was taken for a fool...

So in short, can anyone offer me any concrete advise as to how to address the above??? i'm at a total loss.

[rebel11]

Hi Paul

 

Welcome to CAG

 

On both the PPI and Charges front do not give up, you have nothing to lose and everything to gain. Look at the The Limitation Act 1980 - http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1980/cukpga_19800058_en_1

 

Read this section :- FAQ - How do I reclaim my bank charges if they have been misrepresented - http://www.consumeractiongroup.co.uk/

 

Heres the section on PPI - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?111-Payment-Protection-Insurance-(PPI)

[paulo671067]

Hi Rebel11,

 

Thankyou for your reply, i originally started using Baines & ernst back in 2000 to manage the debt. i stopped using them later that year when i realised they were taking more money from me than the actual debt. though through the paper work i have dug out, i have found that the details of the debt are different to what i first thought.

The debt works out from 3 different debts 1. Loan - £1500.00 ppi did not pay out. 2. credit card - £798.00 ppi did not pay out. 3. Overdraft - £350.00 charges. it also lists the credit card number and the loan and overdraft account numbers. I'm not able to use the limitation act as far as i can see as i was paying the debt up until dec 2000 and then from 2005 until 2009 so i think i am stuffed as far as that is concerned. In making a claim for ppi and charges, would i not be aknowleging the debt and leave myself up the kyber is the claims got thrown out??? and also who do i send the claims to??? sorry, i'm a real novice at all this and don't mean to be a nuisence

[rebel11]

Hi Paul

 

Lets see what some of the more experienced guys say. I personally would go for both.

[harrassed senior]

Hi and welcome. Firstly, making one debt from 3 is not allowed. This is their attempt to avoid having to send an Agreement under the CCA rules.

 

With regard to the PPI and Bank charges you have received good advice above. Even though these have all been lumped together, you must treat them seperately, this does, in the end make it simpler to deal with.

 

With regard to the Credit Card you need to send the following to 1st Credit:

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

(Optional)

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

 

Now, what would be a good idea too, is to send a SAR to the original creditor, Lloyds. This will mean that Lloyds have 40 days to send you ALL the paperwork they have in connection with all of your accounts. From this you will be able to see where all charges etc. have come from.

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request this is the link for that request which will cost you £10.

 

Send both letters recorded delivery and sit back and wait for now. Once you start receiving replies/responses, come back and there will be more advice stage by stage.

[paulo671067]

Amazing stuff, will get right onto it, Thankyou both very very much!