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loan repayment problem


josefina36
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Two years ago I approached a company who provided funeral plans

 

I asked for a three year plan to pay off the full amount

 

After paying for one year I asked for the loan to be changed to a two year plan and

 

they gave me an updated direct debit payment which finished on 31st December 2013.

 

All payments were made for the two years but

 

they now tell me that they made a mistake in their calculations

and that I still owe nearly 1000 pounds.

 

Can they do this.?

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sounds like someone cant follow instruction

have you the signed agreements

and all the statements?

 

if not

send them an SAR get the facts

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes I have the agreement and copies of my bank statements showing all the payments made which they agree with

 

What they are saying is that when they did the calculations( which they gave me) for my direct debit payments

they made a mistake in the amount, which should have been 50 pounds per month more.

 

They say I can have an interest free year to pay it off,

 

but should I need to?

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If they adjusted the direct debate mandate without providing 14 days notice that the figure would be varied, then you can reclaim each of the [increased] payments back from the bank.

 

But I'm confused - you say "the current direct debit... no revised direct debit agreement". In your first post you say "they gave me an updated direct debit payment..." Ergo, there were two direct debit 'agreements'; the original mandate, and the adjusted mandate with a revised (presumably higher) monthly payment. The second, revised, mandate must have been notified to you in writing 14 days prior to it being effected at the bank.

 

Lets take it back to basics.

Two years ago you took out a three year funeral plan; they gave you a cost (cash price), a finance option, and presumably figures for cost of finance and total repayable, with a breakdown of monthly repayment (36 x ££)

One year ago you asked for this to be reduced to a two year repayment plan. They agreed - presumably this meant higher monthly repayments

In December you thought you had finished paying, having made 24 repayments.

They have now told you that they have made a mistake, and you still owe £1000.

 

Can you confirm/fill in the blanks

Was this a finance agreement, and did it show the cost, cost of finance including interest and APR, the repayment period and the monthly payment figure?

When you asked to reduce the term to 24 months, did they confirm this in writing and send an amended agreement, including the new monthly payment figure?

Did they send you a new Direct Debit mandate to complete?

Did they notify you that the direct debit monthly payment would increase?

If you add the total paid by you to date, is it £1000 less than the original total to pay?

 

PS am a noob here, but if you can provide as much information as possible it will help the more knowledgeable to help you.

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The original agreement for three years showed the monthly payments plus the interest charge. When this was changed to a two year agreement the interest to be charged was obviously less but a standing order mandate gave the increased monthly payment for the remaining 12 payments to be completed at the end of 2013.

When I said that I have not received a further direct debit mandate I meant to repay the remaining 1000 that they say I owe

When I have now done the calculations for what I have repaid I have in fact underpaid the full amount plus interest by 965 pounds which I expect I will have to pay.

My complaint is that I was naive enough to believe that when I asked to repay a loan in two years they would calculate the correct payment or during the term contact me to say I was underpaying and not wait until the end of the agreement

Buying a funeral plan at the age of 78 is not the happiest of projects and I have learnt at my cost to be more careful in future (or for what I have left!!!!)

Many thanks for your comments and help

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Ok, presumably when they agreed to change the term of the finance from 3 years to 2 years,

they sent out a revised finance agreement? They ought to have done...

 

You were not naive to expect them to correctly calculate the correct repayment figure

and associated monthly sum, you had every right to expect them to correctly calculate it.

 

It might be worth - if you can - scanning the original and revised finance agreements,

redacting the personal identifying information (name, address, agreement reference number,

bank details, and any barcodes)

and posting on here just so the more knowledgable can check it is an enforceable agreement.

 

If you cant find the documents, submit a Subject Access Request (SAR) to them,

asking for copies of all documentation, including the agreements.

 

It may be the case that if they said "ok, we'll reduce it to a two year term,

so your revised repayment figure is £xyz and your revised monthly payment is £ab",

then provided you did repay £xyz (12x£ab) you have grounds to argue that the agreement is satisfied.

BUT, I am by no means an expert in this area, you need the input of brigadier2jcs or dx.

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Have now had a reply from the finance department of the company with an offer

for a compromise which doesn´t seem too bad an offer.

 

I am giving it some thought but it may be the best I will get in view of thefact that some money is still outstanding

and I am not sure how far I would be prepared to go to get a better result.

 

this. Sometimes the effort involved is not worth the result.

 

Again many thanks for all your advise

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if you want too scan stuff up

please do:

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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