Frst National Finance Ltd V Steveshawx - Help needed

[InKogneeToh]

So, just to get this straight - £270 is all you have EVER paid on this agreement?

 

I don't have time to construct a sample letter at the moment as I have to go to work for a few hours.

 

I shall have a think this evening and get back to you.

 

Regards, Pam

[stevesj]

Thanks Pam, any constructive help taken gratefully!

 

Just a note though - £270 plus my deposit £32 = £302 had forgotten about that!!

 

some would argue that I have paid the correct original amount - fair enough, but after the onslaught and anguish of the DCA........

 

Must do some work myself.:o

 

regards

Steve

[InKogneeToh]

Hi Steve

 

 

I have composed a sample letter that may suit your requirements - amend as required.

 

 

I don't think you can reclaim the deposit paid to the original creditor because this was deducted before the payment instalment was worked out.

 

 

The letter should be sent to the creditor, not the DCA as they are only acting as agents for the creditor and therefore all monies you have paid have been transferred to them.

 

 

 

You will have to work out interest using one of the spreadsheets on this site and calculating from each instalment making up the overpayment.

 

 

 

Also you have to allow them 6 months interest out of what they have charged you so will not get all of£193 back.

 

 

 

 

For compensation for damages you will have to have proof of actual damage e.g. being refused credit or having to pay higher interest rates on credit since entry of the default. You do not have to go into specifics in this letter but you will have to have proof if it goes to court.

 

 

 

Finally, are the charges for letters etc included in the £270 you say you have paid in total. If so you can't claim them back twice, they will make up part of your total overpayment as claimed for here.

 

 

 

Hope this helps but please remember we can only make suggestions - you must be able and willing to follow through with any action you start.

 

 

 

Regards, Pam

 

 

 

 

 

 

 

Re: Your ref:..............................

 

 

The agreement referred to above required repayment by 6 monthly payments of £........ with the 1st payment deferred until 36 months after the date of commencement of the agreement. Interest on this sum amounts to £.......... and therefore my total commitment under the agreement was for the sum of £.......... Please refer the the executed agreement for clarification. ()

 

 

 

It is therefore the case that I have overpaid the sum of £........... in error and that you have had the use of that sum over a long period of time.

 

 

I am now requesting repayment of the overpaid amount as set out above.

 

 

In addition, I am requesting the sum of £............ in contractual interest at the rate of 29.9% calculated from the date that each mistaken payment was credited to the account. I believe that I am entitled to claim interest at this rate under the principle of mutuality and reciprocity.

 

 

Finally I am requesting that the default registered with .............. be removed immediately as it was incorrectly applied. I was not in default of the agreement at any time before the 36 month deferment period had elapsed nor at any time since that date as I have made all the payments stipulated on the agreement.

 

 

Furthermore, the incorrectly applied default entry on the files of ................. has caused damage to my reputation and financial standing insofar as ................................... I am therefore requesting compensation for this damage in the amount of £...............

 

 

To summarise, what I require from yourselves is:

 

1. Repayment of the overpaid sum of £..............
   
2. Payment of contractual interest on the above overpayment in the amount of £...........
   
3. Immediate removal of the/all default entry(s) recorded with credit reference agencies in relation to this agreement.
   
4. Compensation as outlined above in the sum of £..............

I expect a satisfactory response to this matter within 14 days of the date of receipt of this letter.

 

 

Yours etc.

[InKogneeToh]

P.S

 

The above is not an LBA. It is composed as a prelim letter which you should sent first. LBA will follow if no satisfactory response within 14 days.

 

Regards, Pam

[stevesj]

thanks Pam, you've helped me get my head around this one - i'm on to it tomorrow - work first:rolleyes:

[InKogneeToh]

Hi Steve

 

If you use the line about referring to the agreement put 'please refer to your copy of the executed agreement' instead. Do not reveal that you have a copy at this stage. Tactics you see!

 

Regards, Pam

[stevesj]

I had already sent a prelim letter - it contained data around what you have suggested.......... they've had 14 days and have ignored me. I tried telephoning yesterday to see who was going to deal with it. got to their switchboard, then their operator, who admitted that he didn't know much about this, so i asked for someone who did - I'm very calm as a person and was polite but firm. Didn't get to the organ grinder and after holding for 20 minutes the phone was put down on me. (not very good customer Service is it?) - they had my number to call back, as i gave it to them just in case we got cut off - still waiting:-o

 

 

I've now decided to send an LBA outlining -

 

The agreement was fulfilled under it's original terms of payment, by either "voluntary" payments collected from my bank, or enforced collection from the DCA prior to the end of the 36 month period.

 

Overpayment is required to be repaid. (I've not allowed 6 months interest as the money required under the original terms was with them prior to the commencement of the 36 interest free period)

contractual Interest at the APR rate of 29.8% in the interests of mutuality etc. is added as more funds were extracted by the DCA whilst the account was in dispute.

Request for removal of default which was applied prior to the end of the interest free period (36 months), and applied unlawfully 1.because the account was in dispute, and 2. the interest free period of 36 months hadn't elapsed.

Also, i've asked them to seek out their original copy of the executed agreement to check the terms of the contract.

 

 

thanks Pam, for your help - it took me a while to get my head around dealing with these guys, your suggestions helped immensely.

 

I'll keep you posted

Steve

[InKogneeToh]

Hi Steve

 

I wouldn't personally have given a contact number in case of harassing phone calls but the content of your proposed LBA is perfect ( I see what you mean about the 6 months interest).

 

It will be interesting to see how they propose to wriggle out of this one!

 

Regards, Pam

[stevesj]

I do too, Pam - it will be verrrry interesting! - i don't think for a minute they'd harrass me - they have my home number anyway from the agreement and the DCA. Can always put it down can't I - or ignor it? (Have caller display....)

 

I know these threads are addicitive, but don't you sleep at night? - i noticed you posting up to 2am and beyond;)

 

I've posted it now. Sit back and wait for this one to be "acknowledged" at least. If they ignore this, then I roll my sleeves up and go to court:p

[InKogneeToh]

Hi Steve

 

Good luck with this and let me know how you get on.

 

Re: sleeping at night - no, I have been having problems lately with sleep so I get up after 30 mins or so and have a cup of tea. Visiting CAG is much more interesting than reading a mag while I wait for drowsiness to set in again!:o

 

Regards, Pam

[stevesj]

quick update - no reply, as expected.

Letter delivered on 12/2 from Morley office.

26/2 therefore, is the last day before I file my MCOL.

[stevesj]

nice update - NOT - PMSL -

 

reply from email - grammar as per

 

Dear Mr xxxxxxxxxxx

Thank you for your recent email.

 

Normally we aim to repl to mail within 7 days but with you writing to Credit Management they can take upto 60 days to reply.

 

If you have any further questions please call 0870 126 2665.

 

Thanks,

 

GE Money

 

Now, can anyone tell me, why is credit management any different to any other customer service department. This infers that I HAVE slowed down the whole process - so sorry guys, you're behind me in the queue.

 

They've taken a few days so far(prelim included) - they haven't taken the time to reply in writing (post), and need to educate the monkeys in their customer service department too.........roll on the 26th so i can take em to court!!!

[InKogneeToh]

Hi

 

I think they need a crash course in the Civil Procedure Rules too - 60 days indeed!!

 

We can't wait that long for the entertainment to start!

 

Regards, Pam

[stevesj]

Are these "people" civil?

 

Certainly not business like - so i'm going to wait for their reply on Monday - then court:cool:

 

I nearly forgot that they were on my time - they wouldn't stand for me replying in "60 Days", and would certainly carry on with their procedures. So It's MY TIMESCALE, I think 30 days inc posting is reasonable, it's their loss......

[stevesj]

Help needed with PoC please!!!!

[stevesj]

Bump:d

[InKogneeToh]

Help needed with PoC please!!!!

 

Hi Steve

 

Your POC must be headed with your name and the name of the defendant + the date and needs to start with a chronological account of events from the start of the agreement to the present day. Then you need to outline the facts as to the actual amounts and terms entered on the agreement. Don't state anything about your knowledge that it was a mistake -it's up to them to plead and prove that.

 

After stating what the agreement says you then go on to say that under the terms of the agreement you have overpaid and are requesting that amount to be refunded + interest.

 

Then you state that a default was entered when your account was not actually in default (according to the agreement) so you want that entry removed.

 

If you want to claim any compensation for wrongful entry of default you will have to state what financial damage you have incurred as a result - e.g. can't get a loan or had to pay higher interest rates etc.

 

A POC should be in double line spacing and should consist of numbered paragraphs for each event/point.

 

You must end it with a statement of truth.

 

For further info. see link below:

 

PART 16 - STATEMENTS OF CASE

 

Regards, Pam

[stevesj]

thanks Pam

[stevesj]

what do you think?

double spaced etc

 

1. The account xxxxxxxxxxx was opened on **/**/**

2. The amount of goods and services totalled £xxx.xx

3. The terms of the signed agreement stated, balance payable by 6 monthly payments of £12.68, 36 months after the date of this agreement.

4. On or around 15/4/02 the account was put in default.

5. A debt recovery agent was assigned the account to recover the balance and monies were paid.

6. A further two more Debt Recovery agents were assigned to recover the balance on the 13th and 14th Jan 04.

7. Under the terms of the agreement the debt was repaid prior to the first payment becoming due, the account was thus overpaid by £171.92. In interests of mutuality and reciprocity £51.23 interest at 29.8% has been added

8.The default that was entered, was entered prematurely as per the terms of this agreement as a first payment wasn't actually due until 22/12/2003. The claimant requests that this default is removed forthwith.

 

 

Steve

[InKogneeToh]

Hi

 

This would probably be okay if you are also allowed to do a witness statement, but other wise it's too brief.

 

The judge knows nothing about the facts so you have to give as much detail as possible:

 

 

SUGGESTION:

 

 

 

 

Claim Number......

Steve.... v... FNTB

PARTICULARS OF CLAIM

1. On......date... the claimant entered into a consumer credit agreement under Account No......... with the defendant for a total sum of £..... plus contractual interest of £.... at the rate of ....% per annum.

   
    
   2) On or around 15/4/02 the account was put into default.
    
   3) On or around .....date or month/year a debt recovery agent (Name?) was assigned the account to recover the balance.
    
   4) A further two more Debt Recovery agents (names?) were assigned to recover the balance on the 13th and 14th Jan 04.
    
   5) The debt was repaid by ...date ...and therefore prior to 22/12/2003, the date on which the first payment became due under the deferred payment terms of the agreement.
    
   6) The claimant continued making payments to the ....name....debt collection agency because he had mislaid his copy of the agreement by that time and believed the payments to be due as either instalments, interest or charges. The account was thus overpaid by £171.92.
    
   7) On or around .....date or month/year, the defendant placed a default entry on the files of the ....name....Credit Reference Agency. This entry was incorrect as the sums due under the terms of the Credit Agreement had been fully paid prior to the entry being made.
    
   8) The claimant claims that the adverse credit information placed on the files of the ...Credit
   Reference agency(s)... has caused actual damage to the claimant as follows:
   (i) .......
   (ii)......
   (iii) .....etc
    
   9) On or around ....date/month, the claimant located his copy of the agreement and wrote to the defendant, querying the sums still claimed to be outstanding.
   

   
   

1. The claimant sent a Letter before Action to the defendant on ...date... but has to date not received a satisfactory response.

   
   

10) The claimant believes that he is entitled, under the principle of mutuality and reciprocity, to claim interest on the overpaid sum at the contractual rate of 29.9%, calculated from the date that each mistaken payment was credited to the account.

 

The claimant therefore claims:

 

1) Repayment of the overpaid sum of £..............

 

2) Payment of contractual interest on the above overpayment in the amount of £........... or alternatively at the rate of 8% as per s69 of the County Courts Act or alternatively at a rate that the court sees fit.

 

3) Immediate removal of the/all incorrect default entry(s) recorded with credit reference agencies in relation to this agreement.

 

4)Compensation for damages as outlined above in the sum of £..............

The claimant believes that the facts stated in this particulars of claim are true

 

Signed........................................ Date............................................

[stevesj]

thanks Pam, sorry to be vague about all this, but although my day job is complicated I can't see the wood for the trees in issues such as this, so your help in getting the basics correct are invaluable. Thanks again.

I can see where the judge may view it all......

 

Regards

Steve

[InKogneeToh]

You're welcome!

 

Good luck with this.

 

REgards, Pam

[InKogneeToh]

Thanks very much for the 'tick' Steve.

[stevesj]

update - went to check my credit file on Experian (online) - DEFAULT REMOVED! - as was all acount info on this.

 

No letter or explanation from FNTF (apart from a badgering email from me last Friday)........so is the Cheque in the post? - we shall see. Info was updated today.

 

Awwwwww got to wrtie to court now to withdraw bit about default......

[InKogneeToh]

Hi Steve

 

Very good news about the default.

 

However, I would still be a little cautious before amending your claim. My advice is to write to/email FNTB and say that you have noticed that the default/account entries have been removed from Experian files but please could they confirm in writing that no other CRA still holds this incorrect data. Say that when you have their written confirmation of this, then you will amend your POC.

 

Let's hope the £££'s are following shortly.

 

Regards, Pam