Bank Account with money in it ...... need advice

[Lucyis]

Hello.

 

My house is being repossessed. I have an all monies charge on my house for this. I have been paying 200 a month against this for some time, the actual figure the bank wants is £1300 a month. I pay this into what I thought was the loan account.

 

For the last six years I have been battling to get my ex to pay maintenance for my son. He has been telling me has. The bank have told me they cant find the account hes paying it into to.

 

When I get the paperwork through for the repossession I ask them for the loan statements as they haven't sent any in a decade. With it they send bank account statements and there is not only the £200 I have been paying in but the maintenance my ex husband has. The account reads a balance of over £14,000 and nothing has been taken into the loan account.

 

I call the automated bank line and the automated lady agrees I have an account balance of £14,000 credit.

 

So I am really confused as no withdrawals to the loan account have been made since July 2011. The solicitors say there is a 13k interest debt alongside the amount owing. They have sent no statements on this account either. We have been flat broke all this time, my children live in charity shop clothes and everything of any value we have has been sold to try and keep a payment going to the bank.

 

What do I do?

 

Do I try and get the money out of the account so we can afford to rent somewhere, try and close the account maybe? If I cant get it out they are taking the money for my children to live and have been all this time. Can I challenge them if they say no and if so on what grounds?

 

Thanks

[rebel11]

Hi lucyis

 

Welcome to CAG

 

The guys will advise as soon as they are available.

 

Have you been missold PPI or had any penalty charges added to any of your financial products?

 

1,2,3 and 14 in my signature.

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

 

I've moved your thread to the correct forum.

[Lucyis]

Hi Rebel,

Which forum has it gone to?

[Lucyis]

The repo will go through. I cant stop it as I dont have any money to pay what they want every month.

 

I was planning on going to the bank and asking for this money tomorrow morning, in the hope we can rent somewhere rather than risk ending up in temporary accommodation.

 

I was trying to find out if there was any way they could keep the money? I don't understand why they have sat on it.

[rebel11]

I've also flagged this up for the Site Team.

 

Hi Rebel,

Which forum has it gone to?

[Lucyis]

Thank you. Im just reading some of the BCOBS info and stuff around right of appropriation. It says clearly on all of the statements they have sent that £200 is DLA paid in by the DWP and the other £200 clearly says maintenance for my son paid by my ex. Please dont think I am a total idiot. I have made three complaints to the bank on various things and asked for two SAR's which they have only half executed and in 2011 when they issued the formal demand for the loan on my house I gave up. Have only just heard from them again.

[rebel11]

I've moved it back to Banking General. If your bank has treated you 'unfairly' you can take action under BCOB's.

[dx100uk]

not my bag I admit...

but are you saying that there has been an account

whereby the money has always been available

and you scrimped to pay in addition as you didn't know this money 'existed'?

and the bank never told you?

 

but whomever are going to repo your home instead?

 

dx

[Lucyis]

Essentially, yes.

 

Its a bit more complicated.

 

Its an all monies repayable on demand charge on the house, not a normal mortgage.

 

Lots of misselling has gone on.

 

Right now I am focusing on this in the hope I can buy a new fridge, we've been without for four months and maybe get a lawyer to challenge them on misselling,

unfair relationships etc etc.

 

I did have a personal account with the bank but ended up 13k overdrawn on it as they continued to take the mortgage payment from it.

They then charged that to my house.

 

I kept telling them I had no money and they kept taking the money anyway rather than repossessing so I moved my personal banking to another bank.

 

They then said I couldn't pay the monthly repayments for the loan into the loan account it had to go into another account and I had to open one with them.

 

That then went over drawn and I cleared it, overdrawn and I cleared it again.

 

Then I was made redundant in 2011 and I told them I wouldnt be making any more payments as I could barely afford to feed the children.

 

I think they must have moved my DLA and maintenance into this account by some internal link.

 

So yes, we have been living below the breadline and I have a bank account with them with 14k in it.

 

They havent sent a statement in a good 5 years or so hence why I thought it was closed.

 

I have asked and completed two SAR's to no avail.

[dx100uk]

strange they didn't offset.

 

i'm thinking BCOBS here

 

do you actually want the repo to go ahead?

 

I wonder what a judge would say about all this?

 

dx

[Lucyis]

It goes like this.

 

My ex husband was a very violent man.

 

I had a company which had its accounts with this bank.

I went to them as they knew my financial status and asked them for a mortgage to buy a house

that had been my mums and I owned a third share in so I could get me and my child to safety.

 

My husband carried on being horrible,

I had a breakdown, let the company go, ended up broke.

 

The bank knew all of this as the accounts were all closed.

 

They then said I had a flexible business loan, starting renewing it every year

and whopping on fees and loads of interest above base, never an affordability test or an explanation.

I didn't pay a bean for two years,

 

rather than repossessing, they compounded the interest owed,

took the loan up by 20k and then took the interest up again.

 

On the contract it doesnt say what it is as a product and no one ever explained what it was.

They then told me I had to open this account with them, its another business account,

even though Ive never had a business since the company folded,

I'm not a sole trader, I'm just desperately seeking a job.

 

Im surprised they haven;t taken it.

And yes, of course, if I could challenge the repo I would.

 

I really have no money, unless by some miracle they give me 14k tomorrow morning in fresh notes.

I dont know if it is available to take,

hence my questions on appropriation as its my DLA and my childs maintenance.

[Lucyis]

Does BCOBS, unfair relationships, consumer rights apply if this is a business account and a business loan,

 

they keep trying to tell me its a flexible business loan.

 

Its not what I asked for,

they never explained what it was,

I thought I had a mortgage,

it doesnt say what it is on the contract doc I signed back in 2004.

[Lucyis]

This is possibly bonkers and comes after reading your forums and library.

 

In 2011 the bank demanded 30k.

I had nothing. I

said I had nothing.

 

Again, rather than saying right we're repossessing, they issued a new loan.

 

This time with a capital element.

I refused to sign it, the agreement.

 

Their lawyers have acknowledged they cant find a signed copy.

That was 3 years ago.

 

Bearing in mind I didnt know this account was live let alone had 14k in it

and I havent paid that money in other people have,

 

is there a contract?

 

No signature is no acceptance and no money is no consideration?

 

Yes, I have carried on living here but they havent even so much as sent me a letter after early 2011 until last week.

[dx100uk]

not ideally my ball game

 

but i'm sure that if the loan documents are not signed

 

they cant do anything.

 

as for DLA etc, right of approp will apply i'm sure

 

and if they've ever charges PENALTY fees and capitalised them etc etc

 

then fees like arrears , letters, etc etc, are unlawful.

 

and can be disputed and potentially reclaimed.

[Lucyis]

Ok, thanks, am off to the bank now to see if they'll give it to me and I have a letter of appropriation to take if they say no.

[Lucyis]

Can I ask a question? I did speak to the FO re the bank not answering any complaints. Do you have to go through the process of complaining to the bank, then the FO and then the courts or can you go straight to court. So they are suing for the repo of my home, im counter suing for the charges. Is that the right order or if misspelling can be proved should it go a different way? I don't want to claim for the fees to find they take it as off set against the house or their legal fees?

[BRIGADIER2JCS]

To ensure a response from a creditor by way of a complaint the letter should be headed FORMAL COMPLAINT and addressed to the appropriate director of the bank in your case "Business Banking", you should layout your reasons for the complaint, and what you want the bank to do.

A formal complaint gives a creditor 56 days from date of receipt to investigate and respond to the complaint (s).

Send by recorded signed for post and check delivery.

 

 

Once you have the banks "Final Response" you can take appropriate action e.g., report to FOS.

 

 

A regulatory body or a court would expect you to have taken all possible routes to obtain a remedy including exhausting the creditors " complaints prodedure".

[Lucyis]

I have sent 3 complaints as formal complaints to the bank and all have been acknowledge but not answered. I don't know what I can do to make them answer.....

[Lucyis]

And also there is a absolutely nothing in the loan agreement or renewal letters to suggest it is a business loan having now read them through. I asked for a personal mortgage. They've given me a loan secured by all monies charge on my house and then decided it was a business loan when the changes to consumer credit act came into force in 2009 and meant if they hadn't have popped the word business in I would have been afforded some consumer rights ... I think.

[rebel11]

Hi Lucyis

 

Note the Financial Services Authority has now become the Financial Conduct Authority.

 

Did you mention the following BCOBS:- http://www.bbc.co.uk/news/business-19511542

 

Which bank are we talking about?

 

I have sent 3 complaints as formal complaints to the bank and all have been acknowledge but not answered. I don't know what I can do to make them answer.....

[Lucyis]

No, but I'm getting increasingly confused. The complaints are ones that have been sent in over the last three years. O think I need to know what's gone wrong so I know what Im challenging. I think it's mis selling, charges in due influence do i just right a letter and say you did this this and this. The contract enforceability is maybe questionable? Im in way over my head everything I read gives me something different.

[rebel11]

Hi Lucy

 

When was the last SAR sent?

 

Send a chase letter :-

 

-----------------------------------------------------------------------------------------------------

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account Number: xxxxxxxxxxxxxxxxxxxxxxxx

 

I have yet to receive any documents that you have to supply in response to my Data Protection Act information request dated xx/xx/xx and xx/xx/xx.

 

1) You have failed to provide xxxxxxxxxxxxxxxxxxx

2) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

3) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

4 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

5)xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

This is not an exhaustive list by any means, it is just an example of some of the information that you should provide.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours sincerely

 

xxxxxxxxxxxxx

 

-----------------------------------------------------------------------------------------------------

 

You can give them longer if you feel 7 days is insufficient time. Send it Recorded Delivery.

[Lucyis]

There have been 2 sar requests made, one in 2010, one in 2013. They only provided half the info on the first and the ICO said it was too late to challenge the second as over 6 months when I asked them to get involved.

[Lucyis]

Ok ... Help? The bank have confirmed an account they told me was closed has a 14,765 credit. It is maintenance for my son and my dla. They say it is inhibited as this are seeking repossession. I have them a first right of appropriation letter. They said it was irrelevant.

[Lucyis]

It says very clearly on the statements what each payment is. Can they do that? X