lewis group shafting my mum over a 19 year old debt help please!!!!!!!

[jimzinhere]

my mum told me today she had a £5k loan 19 year ago from hsb bank,

and im not sure if she defaulted but somehow at some point lewis got over the debt, a long time ago,

she has almost never missed a payement in 19 years

(god knows how much interest you have to put on a five grand loan to still be paying 19 years later but something smells fishy here!!!!!,

 

Her pride stopped her going bankrupt and for the last 20 odd years she struggled to pay various debts off from the last recession,

when we had lost our home, even after my dad died she has carried on paying debts that were in both their names,

my mum is retiring and works one day a week to help teach the new accounts person how to do the job she is leaving,

 

i found out they( the lewis group) have basically been threatening and harrassing my mum with letters phone calls,

and have now started asking for full settlement they also rang her work all over the last few months! im sure thats not legal>

 

I need some help, someone to point me in the way of the right templates to ensure this gets sorted

and they get a good ass woopin,surely she shouldnt still owe anything after this long,

 

can somebody please advise where to start sorting this,

 

thanks in advance

Edited December 24, 2011 by citizenB
reformatted for easier reading

[rebel11]

Hi jim

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Thread moved to correct forum.

[citizenB]

Sorry, I understand you are upset for your Mum.. but your story isnt very clear.

 

Summary as I understand it.

 

Your Mum took out a loan with HSBC some 19 years ago, in the sum of £5,000.

 

She has been paying regularly, but the loan has not been paid off!

 

I think the questions that require clarifying is..

 

Does Mum still have the original paperwork (loan agreement). That will let us see what the original make up of the loan was, over what period of time for repayment.

 

Do you know if there was any Payment Protection Insurance added to the original loan.

 

Has she been receiving statements regularly.

 

Did she miss any payments or perhaps go on to repayment plan where lower than contractual payments were made?

 

Did she ever ask HSBC to accept lower payments and to freeze interest additions?

 

Did she advise HSBC that your Father had died and that she was struggling to maintain payments?

 

Do you know if your Mum ever received a Notice of Assignment either from HSBC or the new owner of the account.

 

I think you might need to send HSBC a Subject Access request to obtain information. There is a draft letter in the CAG library, linked at the top of each screen.

 

I am sure there will be others asking questions as well. The more we know about this account, the easier it will be to advise you

[dx100uk]

first port of call is to get her cra file

 

sadly this sounds like shes been had as a cash cow for years & years.

 

nothing new for lewis there then.

 

i bet NONE of the money she has ever lewis has gone off the debt

straight profit to their pocket.

 

might be an idea to SAR HSBC but i bet it was SB'ed years ago

and they know nothing about the loan.

 

dx

[jimzinhere]

ill find out and post more details thanks, any immeidiate advice on how to stop them harrassing and let them know we mean business??????

[rebel11]

Hi jim

 

Was she mis-sold PPI on the loan? If she was it can be claimed back with interest.

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

Have a read of number 7 and 8 in my signature, as long as she pays the minimum she can afford, they can do nothing.

 

Ringing your mum is against OFT Guidelines :- http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf

 

Report them to the OFT, you can make a complaint online also to Trading Standards.

 

http://www.oft.gov.uk/contactus

 

http://www.tradingstandards.gov.uk/

[jimzinhere]

so ive just rang her, the debt is going down the interest was frozen a long time ago, she isnt sure if some sort of ppi was sold it was twenty years ago, she has had statements that prove the debt was reducing in size, and its recently they started harrassing her to settle the remaining 1900 squid, i think we need to get them to prove they own the debt if this is an option,maybe ask them to write it off considering she has payed for 19 years

[citizenB]

You will find draft letters in the CAG library which is linked at the top of each screen.

 

If you want to confirm that Lewis are in fact the legal owner of the account, then you can send them the attached letter. Read it carefully because there are one or two places you will need to put in the Original Creditor and pursuer's names. You will be sending the letter to Lewis Group.

 

 

[ATTACH]32368[/ATTACH]

[rebel11]

Also send them a CCA request, template in the library.

[dx100uk]

cra first ports of call

we need to know its status

 

dx

[Surfer01]

Do you know if she had a CCJ against her for this debt?