RBS furniture loan debt - DCA have added £1000?

[red.ninja13]

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

[harrassed senior]

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.

[red.ninja13]

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

[lord_tiger_putin]

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.

[red.ninja13]

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

 

thanks

[Bazooka Boo]

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.

[red.ninja13]

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

[Bazooka Boo]

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.

[red.ninja13]

oh joy, another fun job for me!

[red.ninja13]

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??

[maroondevo52]

Hi,

 

Not something I've heard before.

[sgianthebard]

where did you hear this ninja?

[red.ninja13]

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

[maroondevo52]

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.

[sgianthebard]

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.

[maroondevo52]

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'.

[bluedogx]

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

[bluedogx]

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

[sgianthebard]

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?

[bluedogx]

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.

[Bigdebtor]

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

[bluedogx]

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

[Bigdebtor]

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

[bluedogx]

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