Intelligent Finance/Blair, Oliver & Scott

[nuttybutty]

This is yet another gripe over Intelligent Finance and all associated companies.

 

I took out a loan with Intelligent Finance over two years ago, and made the required repayments through direct debit. Since then, though, I started to face financial difficulty and contacted IF about the possibility of reducing my payments by stopping the monthly insurance premium. They said they couldn't do this but suggested that I reschedule my loan, to which I agreed. After a little bit of thought I decided this wasn't actually the option I needed so phoned them back and came to an agreement that if I paid £250 per month for the next three months they would then get another department to contact me, see how my finances stood and take it from there.

 

Three months came and went and as I'd heard nothing I wrote a letter asking for clarification of where I stood, whetehr it was possible to carry on paying £250 per month and I also asked how much I owed. After hearing nothing for two weeks I sent another letter asking for a response. Still nothing so I managed to track down a number and phoned them. They said they'd be back in touch...but you've guessed it NOTHING.

 

So another letter went off, but this time I sent a cheque for £100 as my financial situation was becoming even harder. I noticed the cheque was cashed but still no return correspondence from them.

 

I've constantly been bombarded by 08708 numbers (presumably from a company relating to IF/HBOS) but refuse to answer them as I've absolutely no way of having proof of what was said in the conversation. I've indicated this in a couple of the letters I've sent, but I also refuse to pay the call charges.

 

Since then I've sent another 15 or so letters asking what I should do next, and still with not one response.

 

Then I got a letter from J & J Collections saying that I'd defaulted. A while later I received a litigation letter from Blair, Oliver & Scott saying unless I made contact with them they'd take me to court. They said I owed just under £12,000.

 

So I sent a letter to them over two weeks ago explaining my position, but also that I'd sent a full set of the one way communication I've had with IF/HBOS to head office and that I was ready to file a complaint against them for the way they've treated me with utter disrespect on this matter.

 

The latest thing I've received from IF/HBOS is that they want more detail of my complaint against them because the only thing they'd received from me was the top letter I'd just sent them (which I hasten to add was sent recorded delivery). I'd love to know how they've managed to lose all 19 pieces of previous correspondence, and now they seem to have lost all the duplicates I've sent this time round...apart from the top letter.

 

Sorry this has become a long winded posting and tends to jump around a bit but I am becoming so infuriated by the whole fiasco and just don't know what to do next.

 

Cheers,

 

Jon

[nuttybutty]

This is just a very quick query as I've already gathered some excellent responses from one or two other members.

 

My question relates to loans (or the mismanagement of one by Intelligent Finance), and is it possible to reclaim any charges from them as most queries seem to revolve round bank charges?

[lookinforinfo]

I would be surprised if you could find any charges applied to your loan account

apart from interest.

Things like missed payments would have the charges applied to the current

account. Have you got any?

[lookinforinfo]

I was thinking of bank loans on my previous post. If your loan was through

a loan company for instance, then they are just as capable of over charging

as banks, and so yes you can reclaim those.

[nuttybutty]

This is a slightly different scenario to other forum members but it is one that needs sorting.

 

It relates to the mismanagement of a loan agreement by Intelligent Finance.

 

Although I have posted this elsewhere I've included the text below as I'm now in the process of filing a complaint/claim against them, so let's see what response I get from IF/HBOS and Blair, Oliver & Scott.

 

I took out a loan with IF over two years ago, making the required repayments through direct debit. Since then, though, I started to face financial difficulty and contacted IF about the possibility of reducing my payments by stopping the monthly insurance premium.

 

They said they couldn't do that but suggested rescheduling my loan would be a good option, to which I agreed.

 

They then cancelled my original agreement, along with the direct debit (although they later insisted that I was the one who'd cancelled.

 

My bank confirmed that it was actually them who'd cancelled

- IF later admitting they had stopped the direct debits).

 

IF then started the process of setting up the new loan agreement.

 

After a little bit of thought I decided this wasn't actually the option I needed so phoned them back and came to an agreement to pay £250 per month for the next three months, after which time another department would contact me and we'd set up a more permanent repayment scheme.

 

Three months came and went and as I'd heard nothing I wrote a letter asking for clarification of where I stood, whether it was possible to carry on paying £250 per month, how much I owed and could I have a written agreement.

 

I heard nothing for two weeks so I sent another letter asking for a response. Still nothing so I managed to track down a number and phoned them.

 

They said they'd be back in touch...but you've guessed it NOTHING.

 

So another letter went off, but this time I sent a cheque for £100 instead of £250 as my financial situation was becoming even harder.

 

Yet again I explained my situation and asked if this was acceptable. I noticed that a few days later the cheque had been cashed but still no return correspondence from them.

 

Over a period of 3-4 months I've been bombarded with an 0870 number (which after doing a Google search seems to relate to IF/HBOS), a number of which I've answered and they've all been silent.

 

I now refuse to answer them, partially because if I did speak to someone then what proof would I have of what might be said in a conversation.

 

I've indicated this in a couple of the letters I've sent. If you try to ring this number back it gives you absolutely no indication of who has called because it's a pretty basic answering machine message.

 

Then I got a letter from J & J Collections saying that I'd defaulted.

A while later I received another letter

- this time a litigation one from Blair, Oliver & Scott saying unless I made contact with them they'd take me to court.

 

They said I owed just under £12k and that I either need to pay that amount in full or come to an agreement on repayments.

 

This morning I received a letter saying that they'd agreed to my offer of £20 per month repayment, but there's absolutely no mention of an agreement with it.

 

Another member suggested I should get back in touch with BOS and say that because I'm in dispute with IF/HBOS then BOS should themselves get in touch with IF/HBOS and that I shouldn't make any payment as yet because as fair as BOS are concerned the matter has been sorted, and that I should stick to my guns because it wasn't my fault in the first place.

 

I do feel it has largely been one way communication and that despite my best efforts to get things sorted I've been treated me with utter disrespect.

 

Then a few days ago I actually received a letter from IF/HBOS asking me to provide more detail of my complaint as the only thing they'd received from me was a covering letter I'd just sent them (which I hasten to add was sent recorded delivery).

 

That means they've lost duplicates of the 19 previous pieces of correspondence which were included in the envelope, and supposedly they have no record of any of the original correspondence I'd sent.

 

Ten days ago I sent another full set of duplicates by recorded delivery and nothing has arrived according to Royal Mail's Track and Trace.

 

I'm about to send a S.A.R request to Intelligent Finance but just thought do I make the postal order out to them or HBOS?

 

Hope somebody pops in here soon to give me extra advice and guidance, but I'll keep at it anyway!!

 

Sent S.A.R to Intelligent Finance - 07/02.

 

Also sent CCA to Blair, Oliver & Scott - 07/02.

[Guest NATTIE]

I acually do not know the answer to this one so will answer so that others can advise of the answer

[tamadus]

Not much to say really as your doing exactly what I would do. Keep us informed please

[nuttybutty]

Thanks Tamadus.

 

Do you think that because my original agreement was cancelled then would they (if they send anything) have to send that or what should have been the updated version...even though there isn't one?

[tamadus]

Thanks Tamadus.

 

Do you think that because my original agreement was cancelled then would they (if they send anything) have to send that or what should have been the updated version...even though there isn't one?

 

They need to send something, and be quick about it. How about we give them a few days and see what if anything they come up with. To be honest there isnt much more you can do until they respond to your CCA request and S.A.R - (Subject Access Request).

 

Did you actually sign a second agreement with them ? Hope you sent both those letters by recorded delivery.

[nuttybutty]

No and this is the key to the problem...after they'd cancelled the first one they were going to send out a second agreement but never did. I've sent numerous letters to them and each one has been ignored.

 

And yes both letters were sent recorded delivery.

 

CCA sent to Blair, Oliver & Scott arrived and signed for this morning, still waiting on the S.A.R request to Intelligent Finance.

[MARTIN3030]

If the original agreement was cancelled and no further agrrement was signed then I fail to see how it can be enforced.(presumably this is a new tac by dcas for unsuspecting clients to re-start the agreement )

There is also the matter of you being encouraged to take out additional loans to address the debt this is an area you should be looking at too.

In the case if unlawful bank penalty charges,loans that were seen to be given to clear these have successfully been claimed back too.

There are guidelines on those holding cca licences on the collection of debt and where financial hardship is evident then dcas are required to operate within the guidelines and laws set down.

I have moved your post from the bank forums as I believe it should be here.

[nuttybutty]

Brilliant, that gives me a bit more to go on.

 

Really appreciate it.

 

Cheers

 

S.A.R request signed for by Intelligent Finance 09/02.

 

Just out of interest, has anyone encountered a similar situation to mine, and if so what was the outcome?

 

Still no record on the Royal Mail track and trace website about the complaint letter I sent to HBOS before I filed my S.A.R request having arrived.

 

Just an update...

 

Since my CCA request arrived at BOS last week I've received calls from two separate 0870 numbers - each about two or three times a day. Both have rung my mobile and the landline, although I refuse to answer any of them.

 

After the first 0870 call I tried ringing it back from work (number witheld, of course!) and the line was unobtainable. I didn't try ringing the second number back until now and surprise, surprise it's Blair, Oliver and Scott...although they only answered the phone by saying "Good afternoon, you're through to Blair (notice he didn't mention Oliver and Scott...have they gone off on holiday together (how cosy!) leaving poor old Blair to do all the dirty work himself!!).

 

I just put the phone down because I had no intention of speaking to them...but I wonder what they want? Any ideas??? Maybe they're going to offer me an all expenses paid trip to the Bahamas as a way of saying sorry for all the stress and anger they've caused...although knowing my luck I'll probably end up on the next seat to Mr Ollie and Mr Scott!!

 

Got the feeling a telephone harassment letter might be winging it's way upto Rosyth this afternoon!

 

Here's another little update...

 

Almost three weeks since posting my complaint to HBOS by recorded delivery it has finally arrived and been signed for.

 

As I sent my S.A.R and CCA requests after sending the complaint does it change my situation in any way?

 

Any more advice would be greatly appreciated.

 

Had a couple of days without any calls (seems a coinicidence it happened after my complaint letter arrived at HBOS HQ), but then got another one from Blair, Oliver and Scott this afternoon.

 

Is it 12 working days plus 2 that covers the first stage of a CCA request? The one I sent to Blair, Oliver and Scott arrived on Thursday, 8th February, so is it on Tuesday, 27th February that that initial period comes to an end, or are Saturday's counted as working days?

 

Needless to say I've still heard nothing.

 

Please guys, there must be someone who can answer my last question. Was the 12 working days after Blair, Oliver and Scott up yesterday, or do I have to wait until Tuesday before they are in default?

 

Well, the 12 days are up for the first stage of requesting a CCA and I've received absolutely nothing.

 

It's around a month since I last posted and by my reckoning the specified time for Intelligent Finance and Blair, Oliver and Scott to reply the CCA and S.A.R requests is now up, so do I just keep waiting?

[bytor]

Yeah sit and wait to see if you hear anything back. You could always report them to the OFT? The longer they go without supplying the CCA & SAR the worse it is for them.

[nuttybutty]

Yeah sit and wait to see if you hear anything back. You could always report them to the OFT? The longer they go without supplying the CCA & SAR the worse it is for them.

 

Just wondering where I stand though with any defaults and because I still paid for a while despite not having an updated signed agreement I'm maybe being a bit hopeful but can I claim of of it back?

[nuttybutty]

Almost another month has passed and still absolutely no response from IF/HBOS.

 

I know I've been told to just leave it and let them get in touch but I just find it so frustrating and feel in such a state of limbo.

 

I know I've asked this numerous times before but unfortunately haven't received many responses but can anyone offer any further advice?

 

I'd really like to know whetehr I can get any defaults cleared, can I reclaim any monies I've paid to IF in the past and does the fact they still haven't responded prove they don't have a true copy of my credit agreement?

[WebMaster]

bump

[make them aktiv runners]

For default removal -there's some letters on this thread and further down the page are links to others.

http://www.consumeractiongroup.co.uk/forum/general-debt/82110-littlewoods-default-removal.html

[nuttybutty]

Thanks for that, but my main question is that because IF/HBOS still haven't responded where do I actually stand? Can I get in touch with them and say as they haven't proved I have a signed agreement with them I want the matter to be drawn to a close and for them to reimburse any payments? Maybe I'm just plucking at straws but it's getting to that stage.

[gizmo111]

Have a read here and see if this helps you. If not come back and ask any more questions you may have.

[nuttybutty]

Cheers, but the problem here is that there isn't an updated signed agreement so in my mind it's slightly different from the link you posted and on that basis I really don't know where I stand.

[gizmo111]

I am only guessing here but I would strongly suspect that they will argue that the agreemnt was never cancelled, and that they accepted lower payments due to your financial difficulties.

[nuttybutty]

Makes me wonder why they haven't been in touch in the necessary timescale and it sounds like there was either a breakdown in communication or some error.

[dencha]

Do you think it would be worth doing a specific SAR on the original account as your original SAR did not specify from what I read. You will at least find out if that account has been closed and if it is reading Nil total also whether your additional payments went to pay off this account.

 

You should not be paying anything to them now as they defaulted and have commited an offence.

 

As it is a fair bit of money that is owed it is worth doing nothing at this stage as you may have no account to claim against regarding getting money back that you have paid.

 

Even if they did find an agreement after all this time they would have to go to court to enforce it, and as they have commited a criminal offence this would probably be unlikely as someone could go to the pokey.

 

If the account has been closed then you will have nothing to pay and that should be the end of it

 

If there is a default on your credit rating then it would be worth pursuing whoever has put it there to have it removed as no CCA has been forthcoming.

 

I am not an expert so comments from others would be useful in this case.

[nuttybutty]

I've just decided to have a look at my credit report through CreditExpert and it shows that in the status history listing for IF/HBOS...

 

The account is defaulted. You have failed to keep to your credit agreement and have not responded satisfactorily to requests to put your account in order. As a result the credit agreement has ended.

 

I'm slightly confused that there is only one mark listed for this account, and in particular it's the last sentence where it says "the credit agreement has been ended". It's strange that the updated date shown on the listing is 01/04/2007, just three days after the time for replying to my CCA request ended. And I haven't heard a thing since so can anybody shed any light on this?

 

bump

 

It's been a while since I last posted but I urgently need some help on this continuing debacle.

 

To start off with I still haven't received a copy of the credit agreement I requested in February, this despite requesting a S.A.R and CCA from the relevant companies.

 

Then in September I received a number of phone calls which I initially ignored. But as they started to become more frequent I did a 1471 and found the number was from a company called iQor.

 

Within days of these calls starting I then received a threatening letter from this company on behalf of Capital Bank demanding payment in full (no knowledge of this matter being passed on to Capital).

 

In reply to this letter I wrote on September 24th asking, again, for a copy of the CCA enclosing a further £1 postal order.

 

I then received a letter from iQor saying they had asked their client to send the requested paperwork to me directly and that the account was on hold awaiting confirmation from their client that this had been actioned.

 

Once again, I've not received anything, except three further threatening letters from iQor and one from a firm of debt recovery solicitors saying that if I don't contact iQor within ten days it is likely that legal action will be started.

 

In the last letter I received from iQor they said they were pleased to be able to offer me a substantial reduction on the outstanding balance, although they never mentioned what the reduction would amount to. This was obviously a way to get me to contact them which would basically mean I was admitting the debt. They also said the offer was only available for 72 hours from receipt of the letter which was dated the 16th October and received on the 22nd. They had no way of knowing when the letter would be delivered as I didn't need to sign for it.

 

Also, today the 42 day period for a CCA request is up and I've still not heard a thing.

 

It's not the most important aspect of this matter but there is also a slight discrepancy in the amount requested in various letters I've received.

 

What I'd like to know is do I stand and should I get in touch with iQor and mentioned they've breached my request?

[Curlyben]

Oh dear this account should NOT of been passed to a DCA as it is in dispute.

 

 

Here's a nice letter for Igor.

Edit as needed

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

*- Delete as needed

Enjoy