Jump to content
PlumeDove

SD from BW-Disputed-SB Debt-SET A SIDE-Now Claimform

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1597 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Yes, it would appear so but I was willing to pay for it if they had carried out the instructions from the FOS, especially with regard to the amended agreement.

I have no idea what happened to the account during 2007 default date and the 2010 defaulted balloon payment, I thought perhaps they had closed it because they couldn't amend the agreement but I am not sure about that.

So just to confirm I didn't receive any default notice in 2010, if I had this would still be on my credit file?(I have no defaults on my file, just checked today) BTW the balloon payment is SB in May 2016.

I have lived at the same address since 2003. Yes I will definitely send off for an SAR, wish I had done this sooner as you advised but with one thing and another :(

Share this post


Link to post
Share on other sites
Yes, it would appear so but I was willing to pay for it if they had carried out the instructions from the FOS, especially with regard to the amended agreement.

I have no idea what happened to the account during 2007 default date and the 2010 defaulted balloon payment, I thought perhaps they had closed it because they couldn't amend the agreement but I am not sure about that.

So just to confirm I didn't receive any default notice in 2010, if I had this would still be on my credit file?(I have no defaults on my file, just checked today) BTW the balloon payment is SB in May 2016.

I have lived at the same address since 2003. Yes I will definitely send off for an SAR, wish I had done this sooner as you advised but with one thing and another :(

 

Have you sent a CPR letter to Lowells Solicitors asking for copies of all documents stated in their claim ?

 

If they are referring to a default notice issued in 2010, they need to provide evidence of this.

 

Hopefully the SAR to the Bank will reveal what happened.

 

I wonder whether you have a history feature on the credit records to see if the Bank did delete the original default, as the FOS requested. I would have thought that the Bank would have had to write to you following the FOS decision to confirm the status of the loan, so you could maintain good financial conduct. If the Bank never cancelled the original default and never confirmed this, you would have had reasonable belief that the original default still existed, as you had nothing from the Bank to say otherwise. The balloon payment is part of the loan agreement and is affected by the previous conduct of the loan. If the loan was not being paid and payment was not requested by the Bank, as you believed the loan was already in default, then you would not expect further default in relation to a balloon payment.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

That does make sense, ah great idea re the credit file history! I will search around for more info about this.

I totally agree about the contact bit, as the professional they should have maintained some kind of contact. Now I think back the FOS did mention on more than one occasion that he also had problems hearing back from them.

 

I checked the court bundle that the DCA submitted for the Bankrupt hearing last year (its like war and peace, even the judge commented on its ridiculous volume) and yes they enclosed a default notice (I never received this, first time I saw it was in the court bundle) On closer inspection it looks odd compared to the one I received from the bank, its not dated for a start, nor signed and doesn't contain the same amount of information as the original. I'm thinking its fake, especially as it is not recorded on my credit file. They also included a Repossession notice, (again I never received this and the first time I'd seen it was in the court bundle) Needless to say no one came for the car so presuming this is a fake letter as well.

 

Yes that also makes sense re the Default Notice, I did ask the judge if the (2007) notice covered the balloon payment but he said no it did not. I'm confused about that because I thought only 1 default could be given per agreement.

Share this post


Link to post
Share on other sites
That does make sense, ah great idea re the credit file history! I will search around for more info about this.

I totally agree about the contact bit, as the professional they should have maintained some kind of contact. Now I think back the FOS did mention on more than one occasion that he also had problems hearing back from them.

 

I checked the court bundle that the DCA submitted for the Bankrupt hearing last year (its like war and peace, even the judge commented on its ridiculous volume) and yes they enclosed a default notice (I never received this, first time I saw it was in the court bundle) On closer inspection it looks odd compared to the one I received from the bank, its not dated for a start, nor signed and doesn't contain the same amount of information as the original. I'm thinking its fake, especially as it is not recorded on my credit file. They also included a Repossession notice, (again I never received this and the first time I'd seen it was in the court bundle) Needless to say no one came for the car so presuming this is a fake letter as well.

 

Yes that also makes sense re the Default Notice, I did ask the judge if the (2007) notice covered the balloon payment but he said no it did not. I'm confused about that because I thought only 1 default could be given per agreement.

 

The default notice in the bundle was from when ?

 

The default notice must be a true copy of what the Bank issued.

 

What does it include ? Does it include a sum in relation to previous default that was never paid ?

 

Get the SAR off to the Bank urgently by recorded delivery, marked urgent.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

PlumeDove can we have details of the new claim (N1)....upload a copy or type out the particulars (verbatim) and date of issue.Claimants name and solicitors acting etc

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
The default notice in the bundle was from when ?

 

The default notice must be a true copy of what the Bank issued.

 

What does it include ? Does it include a sum in relation to previous default that was never paid ?

 

Get the SAR off to the Bank urgently by recorded delivery, marked urgent.

 

The bundle was from the first hearing last July 2015 (SD for Bankruptsy) The 'Default' in their bundle is from 'Lex Autolease' and demands £7.88292. It gives me 14th July 2010 to pay or they will take action. Not sure if relevant but the figure doesn't include the balloon payment which is an additional £1,713.00. Sorry trying to upload a copy of it but I am having problems, will keep trying. Doing the SAR this afternoon and will post recorded tomorrow.

Share this post


Link to post
Share on other sites
PlumeDove can we have details of the new claim (N1)....upload a copy or type out the particulars (verbatim) and date of issue.Claimants name and solicitors acting etc

 

Regards

 

Andy

 

I'm having problems uploading a scan but have written out as verbatim:

 

Issue Date 10th Sept 2015

''The Claimant’s Claim is for the sum of £7,882.92 being monies due from the Defendant to the Claimant under a Regulated agreement between the Defendant and Freeway Ltd under account ref xxxxxxxxxxxxxxx and assigned to the claimant on 11/08/2014 notice of which has been given to the Defendant. Invoices have been raised to the Defendant for payment and the Defendant has failed to make payment in accordance with the terms of the agreement. Pursuant to clause 4 (d) of the agreement the claimant claims contractual interest at a rate of 5.50% per annum from the date of assignment of the agreement to 08-Sept-2015 being an amount of £2,313.36 and continuing at a daily rate of 1.19 until judgement or earlier payment. In addition the claimant claims costs''

 

Amount claimed £10.196.28

Court fee £458.83

Legal representative cost £100

Total amount £10.755.11

 

Again this figure doesn't include the balloon payment which is an additional £1,713.00.

Share this post


Link to post
Share on other sites

just correcting what I said above, the figures do include the final payment but doesn't mention it, sorry for any confusion!

Share this post


Link to post
Share on other sites

"Issue Date 10th Sept 2015 " :???:


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
The bundle was from the first hearing last July 2015 (SD for Bankruptsy) The 'Default' in their bundle is from 'Lex Autolease' and demands £7.88292. It gives me 14th July 2010 to pay or they will take action. Not sure if relevant but the figure doesn't include the balloon payment which is an additional £1,713.00. Sorry trying to upload a copy of it but I am having problems, will keep trying. Doing the SAR this afternoon and will post recorded tomorrow.

 

I think it might help if you uploaded the default notices from 2007 and 2010.

 

The SAR needs go to the Head of Compliance and Data Protection officer at Lex Autolease who are part of Lloyds Banking group. It would be interesting to see a complete set of their computer data, as to when your loan record was accessed and what they did. Plus what documents they have copies of.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
I think it might help if you uploaded the default notices from 2007 and 2010.

 

The SAR needs go to the Head of Compliance and Data Protection officer at Lex Autolease who are part of Lloyds Banking group. It would be interesting to see a complete set of their computer data, as to when your loan record was accessed and what they did. Plus what documents they have copies of.

 

Thank you, I will try to get those uploaded. Just to add, the first Default Notice (2007) is from Bank of Scotland, I thinking I should send an SAR to them as well.

Share this post


Link to post
Share on other sites
Thank you, I will try to get those uploaded. Just to add, the first Default Notice (2007) is from Bank of Scotland, I thinking I should send an SAR to them as well.

 

Bank of Scotland is now Lex Autolease ? Basically from what i understand, Bank of Scotland were part of HBOS and they are now part of Lloyds Banking group. Lex Autolease appear to deal with the old BOS finance, so should have all the records.

 

Does this sound right ?

 

You could phone Lex to check that they have taken over all record keeping for BOS loans taken out in 2006.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
"Issue Date 10th Sept 2015 " :???:

 

That's correct, its on the new claim form (CCJ) and the hearing is at the end of this month. Did you also want the particulars of the SD (Bankruptsy) they issued in June 2015? The hearing for that was July 2015.

Share this post


Link to post
Share on other sites
Bank of Scotland is now Lex Autolease ? Basically from what i understand, Bank of Scotland were part of HBOS and they are now part of Lloyds Banking group. Lex Autolease appear to deal with the old BOS finance, so should have all the records.

 

Does this sound right ?

 

You could phone Lex to check that they have taken over all record keeping for BOS loans taken out in 2006.

 

Ah thank you, I wasn't aware of that, really appreciate the help with this!

Share this post


Link to post
Share on other sites
Hi PlumeDove

 

i cant read the PDF, it seems to be compacted on one page of A4.

 

oh sorry, I've not done this before, is it possible to zoom in at all? Ill try again!

Share this post


Link to post
Share on other sites

Im failing to understand why its dated Sept 15...is that when you received it ?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
Im failing to understand why its dated Sept 15...is that when you received it ?

 

Hi Andy, That's correct

Share this post


Link to post
Share on other sites
Hi Andy, That's correct

 

I think the question is asking what has happened since then, with you only coming to CAG a month before a court hearing ?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Just to update…The court hearing was today and has been adjourned because the Claimant presented a document during the hearing referring to a case ‘BMW v Hart’. I informed the judge I had not seen / read the document until 10 minutes before going into the hearing. (Turns out their solicitor submitted it last minute and without the knowledge of the DCA)

 

I am not familiar with this case so the judge allowed the adjournment (the next hearing could be a few months away) to give me time to read the paperwork. I’m hoping I can find a reason why it doesn’t apply to my case but wonder if anyone is familiar with this case? thank you in advance for any help :)

Share this post


Link to post
Share on other sites

This judgment has raised it's ugly head before, I will try and find someone who can advise further.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites
Just to update…The court hearing was today and has been adjourned because the Claimant presented a document during the hearing referring to a case ‘BMW v Hart’. I informed the judge I had not seen / read the document until 10 minutes before going into the hearing. (Turns out their solicitor submitted it last minute and without the knowledge of the DCA)

 

I am not familiar with this case so the judge allowed the adjournment (the next hearing could be a few months away) to give me time to read the paperwork. I’m hoping I can find a reason why it doesn’t apply to my case but wonder if anyone is familiar with this case? thank you in advance for any help :)

 

Thank you!

Share this post


Link to post
Share on other sites
This judgment has raised it's ugly head before, I will try and find someone who can advise further.

 

Thank you!

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...