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red.ninja13

RBS furniture loan debt - DCA have added £1000?

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Hey everyone, i am dealing with a DCA that has refused to explain/give a break down of why the debt has increased by £1000.....on behalf of my employers....

 

I know i can SAR them for a break down of their interest and charges added and then fight with them if it is not given within the 40days,

 

but i dont really want to spend £10 when the chances are they will tell me £1000 interest added, and i'm out £10!!

 

Is there something else i can do something along the lines of the CCA request?

 

Cheers


Me Vs ICS = 1-0

Me Vs BT = 1-0

Me Vs UKPC = 1-0

Me Vs 3 = 0-1 :-(

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Just a bit confused (senior moments and all that) do you owe money to your employers. Can you give a little more information please.

 

What is the debt for, who are the DLA , how old is the debt etc.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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sorry, i have read that back and it doesnt make much sense.

 

the company i work for have a hire agreement with rbs for some furniture or something to that effect. they changed bank accounts and the bank missed a payment and as such rbs have passed the debt onto daniels silverman (after missing one payment, i think that is really bad). so the debt had now increased by £1000 and when my boss asked them why he was told they dont know and dont have to provide him with that info.

 

I am writing to them on behalf of my boss, to request this info, but i dont want to SAR them as its £10 and i think if i write to them they'll more then likely reply fingers crossed. just wondering if there is something similar to cca/sar to request a breakdown of the debt, which i can try before i sar them.

 

apologies for the poor grammer etc, but im on a netbook and its really annoying me!

 

thanks


Me Vs ICS = 1-0

Me Vs BT = 1-0

Me Vs UKPC = 1-0

Me Vs 3 = 0-1 :-(

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As far as I understand it a CCA request should include a Statement of Account, showing all payments in and out of the account over its lifetime, if not produced then they failed the CCA request.


“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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But if the DCA have added the charge, or it was added by RBS after passing over, then will it be on there?

 

thanks


Me Vs ICS = 1-0

Me Vs BT = 1-0

Me Vs UKPC = 1-0

Me Vs 3 = 0-1 :-(

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IMO it's simple they either tell you where this extra amount came from and they get paid, OR they don't tell you, and don't get paid. Tell your boss to vote with his feet and bank elsewhere, they either put up or shut up.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Its not banking unfortunately, its a stupid hire agreement for all the furniture in one of our bars! Kinda need them not to repossess the items :-(

 

I have sent them a modified CCA telling them i want an explination of the interest/charge added...we'll see what happens


Me Vs ICS = 1-0

Me Vs BT = 1-0

Me Vs UKPC = 1-0

Me Vs 3 = 0-1 :-(

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Got ya!

Well on that case then, it really is a simple case of sending them a letter asking them how they have come to the figure they are purporting to say that you owe if they are either unable or unwilling to divulge the information, then it will be a case of looking through the agreement/contract with a very fine tooth comb to see if these charges are actually lawful and in the contract.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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oh joy, another fun job for me!


Me Vs ICS = 1-0

Me Vs BT = 1-0

Me Vs UKPC = 1-0

Me Vs 3 = 0-1 :-(

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Hi i have heard about a piece of scottish law, and i just want to know if its true or where the origin of the rumour is from?

 

Apparently if you request a copy of a loan agreement and it is not produced within 28days the loan becomes null and void??


Me Vs ICS = 1-0

Me Vs BT = 1-0

Me Vs UKPC = 1-0

Me Vs 3 = 0-1 :-(

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Hi,

 

Not something I've heard before.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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My boss was talking about it, he has a problem with a loan from 1997, unfortunately he has made contact so it's not statue barred.

 

I have never heard of it, but was curious if it was true or not


Me Vs ICS = 1-0

Me Vs BT = 1-0

Me Vs UKPC = 1-0

Me Vs 3 = 0-1 :-(

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My boss was talking about it, he has a problem with a loan from 1997, unfortunately he has made contact so it's not statue barred.

 

I have never heard of it, but was curious if it was true or not

 

Depends when he made contact, if there was a period of 6 years ( 5 in Scotland ) when there was no acknowledgement, the debt would be Statute Barred, unless there was a CCJ against it.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Depends when he made contact, if there was a period of 6 years ( 5 in Scotland ) when there was no acknowledgement, the debt would be Statute Barred, unless there was a CCJ against it.

 

I think the same is true if the creditor contacts you within 6 years - even if you don't reply the debt won't be statute barred.

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I think the same is true if the creditor contacts you within 6 years - even if you don't reply the debt won't be statute barred.

 

Not true, the acknowledgement must be made by you, the acknowledgement must be in writing, or by making a payment and even then within the Limitation Period, in order to 're-start the clock'.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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If the debt is statute barred ie not acknowledged for five years and the creditor does not have a decree against the op then the prescriptions and limitations act Scotland applies. This means that the debt is extinguished - does not exist any more.

 

C

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Hi i have heard about a piece of scottish law, and i just want to know if its true or where the origin of the rumour is from?

 

Apparently if you request a copy of a loan agreement and it is not produced within 28days the loan becomes null and void??

 

As far as I'm aware the loan isnt null and void. Creditors have 40 days to produce a loan agreement once you request it under the Information Act but only have to send a reconstituted copy. If they dont comply you can complain to the information commissioner.

 

C

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Not true, the acknowledgement must be made by you, the acknowledgement must be in writing, or by making a payment and even then within the Limitation Period, in order to 're-start the clock'.

 

Interesting. Is it fairly common for banks to unknowingly let a debt slip past the statute barred time limit?

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Interesting. Is it fairly common for banks to unknowingly let a debt slip past the statute barred time limit?

 

Yes it does happen. Especially in Scotland as the prescription period is 5 years whereas in england debts are statute barred after 6 years. English dca s normally dint bother to check so debts slip through.

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I have been told if the Agreement says "subject to Laws of England" then the SB is still 6 (not 5) years - even if the debtor has always lived in Scotland.

 

I'd like to be told this is wrong and it's 5 years no matter what. Anyone know absolutely for certain?

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

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Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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It's five years. I've had this argument before. If you live in Scotland then scots law applies to you

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Bluedogx

 

Attached is a link (courtesy of Caro of the site team) to GLC's definitive words on this topic - backing up what Bludogx has said.

 

BD

http://www.consumeractiongroup.co.uk/forum/showthread.php?290078-Statue-Barred&p=3322568&viewfull=1#post3322568o


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Great. Couldn't remember where I'd spotted it :)

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