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roaringgirl

BoS and query on amount outstanding

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Please could someone on here read this and let me know what they think? Bit too aggressive at the end?

 

Dear Sir/Madam,

 

WithoutPrejudice

 

Personal agreement No: *****************

 

I am seeking clarification on the amount you claim that I owe you.

The original loan was for approximately £23,000.

Following my divorce when I ran into financial difficulties and went to Payplan to arrange a repayment package, you saw fit to add ALL THE INTEREST which increased to overall debt to a staggering £ £51,492.39.

Since then I have been following a payment plan with Payplan.

 

In July last year, you credited me with atotal amount of £17,504.74 following a PPI claim and you credited my account with £13,662.00 and in a statement dated 26th July 2012 you state that the total amount outstanding was £11,633.03,#

and yet now, January 2013, you say the amount outstanding is increased to £19,165.26

 

Every way I add up the figures I cannot arrive at what you say I owe.

 

1) Payments I have made (£20,720) + interest repaid on the account ( £13,662) =total outstanding amount of £ 17,110 OR

 

2) Payments I have made (£20,720) + interest repaid on the account ( £13,662) +repayment made to me of £9,244.75 = remaining outstanding amount of £7,866

 

In my latest statement it states thatthe opening balance is £11,633.03

and yet you have added on another £7,532.23

thus bringing the total to £19,165.26.

You continue to add interest at some £63a month.

At this rate it will be another 5 years and 7 months before the debtis cleared. By my calculations, and based upon the original amount of £11,633.03, I will have this debt cleared in 3 years and 4 months.

 

I see that the amount you claim I owe includes what you term as a ‘shortfall of required payments’. Please would you explain to me what these ‘shortfalls’ are as I have not missed one single payment sincewe agreed on a repayment plan.

 

If this continues I will never be ableto repay the debt due to the exorbitant charges you are placing on the account.

 

Furthermore, you have failed to respond to my legal request to supply me a true copyof the original Consumer Credit Agreement for the above account.

 

On November 1st 2012 I made a formal request for a true signed agreement forthe alleged account under consumer credit Act 1974 s77/78.

You have failed to comply with my request, and as such the account entereddefault on 14th November 2012.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments.

If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

In addition a full statement of this account should have been sent to me detailing all debits and credits to the account – and there are significant gaps in the recording of the payments made.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working daysfor a request for a true copy of a credit agreement to be carried out beforeyou/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become currently unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy ofthe said agreement and other relevant documents mentioned in it, Failed to senda full statement of the account and Failed to provide any of the documentationrequested. You will also be aware of the CPUTR 2008 and the OFT's guidelines ondebt collection which state under the title Deceptive and/or unfair methods -Examples of unfair practices are as follows -2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when adebt is queried or disputed, possibly resulting in debtors being wronglypursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonablequeried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFULand VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawfulharassment.

 

I reserve the right to report your actions to any such regulatory authoritiesas I see fit.

You have 21 days from receiving this letter to contact me with your intentionsto resolve this matter which is now a formal complaint.

I look forward to hearing from you. This should be in writing; I have no wishto correspond by telephone.

 

Yoursfaithfully

 

The thing is - do i give them a non-compliance letter? I sent a cca letter to them and they sent back a signed agreement for the wrong account. Do I challennge the figures first or get them to provide a recon? The loan was taken out 2006.

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pers i'd SAR them.

 

you need to get proof for your calcs.

 

there is nothing to stop

you including a line that says

 

this is to include copies of all/any agreements i have with your company.

 

dx


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