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    • I wonder if anyone can help me. I had a loan with a high street bank from about 10 years ago and I had to stop paying because I lost my job. I reduced my payment to a token payment for a few years but I then ceased this some years ago because I took some advice from an online forum which said that I should ask a ‘Subject Access Report’. I did this and I also asked for a copy of the contract with both signatures which highlighted that myself and the bank had a contract and what its terms were. As the loan was made up of an overdraft and a formal loan I thought they would have paperwork. However, eventually the bank responded by saying that they had no contract and they admitted that as such it was not enforceable in court. Over the last year, the bank have again appointed Moorcroft Debt Recovery Limited to use their strongarm tactics. I have not been responding to the last couple of letters asking me to contact them to arrange a payment plan and now their letters are becoming more threatening. Here is the text of their latest letter……. Quote   We are aware that you have failed to agree an affordable repayment plan with us concerning the above account.   As no agreement has been reached we are now in the process of reviewing your account to consider the steps which may be taken in relation to further debt recovery action. The options include recommending one of the following:   ·         1. Continue in our attempts to contact you by letter and phone. ·         2. Instruct a local representative to arrange to call at your home address to try to re-establish contact with you.   To prevent possible further action you must contact us. Failure to contact us by the 22/10/19 will result in one of the aforementioned debt recovery actions being undertaken without further notice.  Unquote As you can see, they are now getting more threatening. I really do not want people knocking at my door – does anyone have any ideas as to what I can do to sort this situation? I do not want to pay for something that seems unenforceable but I do not want knocks at my door either. Any help would be appreciated.   Kind regards    
    • Yes it was a tomlin/consent order I have a recent statement its not showing any additional charges on it. The statement does not show the balance to pay each month, as the contract was terminated in March 17 and the termination bill was added to the account so my payments reduce the account balance £14262.38  Capital £6995.00 Interest £7213.38 Plus 3 x £18 charges  I presume if it went to court again I would be notified?    I thought court costs and charges could increase a balance owing but not be included in arrears or court proceedings when listing the amount owing, or am I wrong?    
    • Check to see if they are adding monthly charges inflating arrears as per DX.
    • .So I’ve been at the flat for a number of years , you had to be a certain age back then, now all ages and couples with young babies get put here , first floor , no garden not a good area not so bad either .   ive just had a letter to say I’ve been taken off the list to transfer to a more appropriate home ,  no notice just taken off, council are saying my age group no longer qualify.. I spoke to equality and human rights council they suggested I complain siting The Public Sector Equality Act 2010. ( The General Duty and Specific Duty)  relating to age discrimination.      But I’ve also come across this in LAW Quarterly online Mag.    LHA’s allocation scheme suspending applicant’s ability to bid (R (Alemi) v Westminster City Council) The High Court has held that Westminster City Council’s allocation scheme suspending certain applicants from bidding for social housing for 12 months breached section 166A(3) of the HA 1996 (setting out which groups of people should be given reasonable preference when allocating housing).   Interesting i thought?               
    • so you've had a notice of assignment then?   if so that's rare for nasty west to sell it on they typically litigate themselves so I bet the debt is vastly inflated with penalty charges and the interest they attract.   i'd be sending NW an sar get all the statements. then go thru them with a fine toothed comb.   could be £1000's to reclaim....   pers i'd stop paying   what was the original debt amount and what is outstanding now a bit more info on the history please   dx    
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Couldn't really think of an appropriate title, but, I'm after some more advice from you fine people.

 

Basically, I'm about to make a complaint about a PDL to the FOS. The complaint will involve 2 accounts so I was wondering if it would be acceptable to make one complaint per account or should it just be one,covering the 2 accounts?

 

Thanks - Lee.

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Lee,

Not sure if the same applies to PDL's as banks, but I lodged 2 complaints against HBOS on both a Bank Account and Credit Card. Both were acknowledged separately but a letter followed a week later confirming they were being merged into a single complaint.

Good luck with FOS.

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Lee,

Not sure if the same applies to PDL's as banks, but I lodged 2 complaints against HBOS on both a Bank Account and Credit Card. Both were acknowledged separately but a letter followed a week later confirming they were being merged into a single complaint.

Good luck with FOS.

 

Thanks Toptrapper.

 

I'll send them in as 2 seperate complaints and I'm sure they'll merge them :)

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So I've not yet complained as I thought I would wait and see how long they took to reply and as yet still no reply.

 

However, my wife did get an email today from Credit Resource Solutions Ltd claiming that they are acting for Lending Stream and and that they are adding interest. This seems unfair as they are the ones ignoring me.

 

Has anyone dealt with this company before and is sending this information by email good enough in regards to data protection as they themselves wrote on the email 'Not you? Send us a quick email to let us know' - surely that's admitting the email isn't a secure method of delivery.

 

Thanks - Lee.

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The DCA cant add interest if they dont own the debt. They are acting on behalf of a creditor so only the creditor can add extra interest.

 

As for the email, it might be best to give the ICO a heads up. They cant write out a full letter with personal details, then put in small print at the bottom "not you? blah blah". Although if you have used that email to sign up for the service and have answered their queries on it before, they can consider it the most current form of contact information.

 

Also, you are well within your rights to ask for written correspondence only via royal mail. Although a lot of lenders are solely web based to keep their costs right down.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Banks for the reply renegadeimp.

 

Yeah - it just seems a little silly to say 'if this isn't you' etc and then divulge loads of info in the email. They've ready aknowledged it might not be secure.

 

As for adding the interest it seems a little unfair to be able to ignore our many attempts to come to some sort of agreement whilst adding the interest.

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It is unfair. There is guidance from the OFT that states they shouldnt do it. While its not a legal requirement, it is part of the guidance used to give them their credit licence.

 

http://www.oft.gov.uk/shared_oft/consultations/OFT664Rev_Debt_collection_g1.pdf

 

Have a read of that. It's a little long, but if you feel that the lender has gone against any of the guidance, write out a formal complaint, and also copy in the OFT. The OFT wont usually give you a personal response unless they find the lender has been seriously misleading people. But your complaint will be added to the many others that are used to decide whether a lender gets their licence renewed, or when the OFT needs to add restrictions to the lenders credit licence.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks - I'll take a look at the link later. I've already made a formal complaint to Lending Stream regarding them ignoring me.

 

Would I have to make a seperate complaint regarding this or should I just add it to the one I'm sending FOS? Just wondering as its a seperate matter that has occurred after my original complaint?

 

Thanks again :)

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Ok. If you titled that complaint "Formal complaint", then they have to issue a final response to you within 8 weeks. If they dont, or they give you the response earlier, you can then escalate the complaint to the FOS.

 

Just remember, unless it is very serious, the FOS wont normally get involved until you have a final response, or the 8 week time limit has passed.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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It's well over 8 weeks since I complained - however, bearing in mind what these companies get up to is ignoring my formal complaint regarded as important?

 

Another thing that confuses me is that I see people saying ignore the Dca and deal with the OC but then they ignore you while at the same time making themselves richer!

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If the 8 weeks ahve passed, then write a full complaint to the FOS detailing everything thats happened. Dont ramble in it, stick to specific points to make it clear and concise. As for your last sentence, thats exactly how PDL's operate and one more reason why we advise people not to use them.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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As for your last sentence, thats exactly how PDL's operate and one more reason why we advise people not to use them.

I hear you there :)

 

We're down to our last 2. The other being cash genie. I've a thread in their sub section as well where I was advised to stop paying as I've already paid enough. However, I now know that's incorrect advice.

 

Thanks for the advice as always :)

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