London Scottish-still paying after 14 years//**SETTLED**

[angel49]

Thanks everyone

My Aunt /Uncle don't really understand why I'm making such a fuss,taking all their paperwork away. It bothers them that they aren't having to pay. I've merely told them they'd overpaid and it's all cleared up now.

I will be forging ahead with getting something back for them though.

 

London Scottish/Linda Bradburn was,in fairness quite pleasant to deal with when I rang to request the complaint procedure (Daves advice. thank you)

At that point I was told that Everything Financial-Bromsgrove Office responsible for the doorstep collections had closed down in December.

 

It was the collection agent based at another office who was obnoxious. Only by accident on Good Friday did I learn of the situation regarding my relatives. No-one even informed them of the change of office/agent etc etc and all payment cards were still being marked with the address.

Even when the statement of account arrived it was headed with the Bromsgrove address.

[ODC]

Linda may have been pleasant but had you phoned her before knowing your rights would she have been so nice. I doubt it. Look at the number of people on here that they continue to pressurise even when they know that they havent got the agreement. She knew you had them well and truly and thats why they caved in. Still no matter what the reason you have saved your folk a lot of hassle and sh!t from the doorstep collectors

[angel49]

Quite agree ODC, was trying to point out how disgraceful the doorstep collector was. I'd left an "account in dispute" notice with my Aunt to give him,but he continued to call for a further two weeks.I was waiting for him the following week and leisurely handed him an "harrassment notice".He didn't call again!

He was verbally threatening to these people at their age which is more than disgusting.

[ODC]

Quite agree ODC, was trying to point out how disgraceful the doorstep collector was. I'd left an "account in dispute" notice with my Aunt to give him,but he continued to call for a further two weeks.I was waiting for him the following week and leisurely handed him an "harrassment notice".He didn't call again!

He was verbally threatening to these people at their age which is more than disgusting.

Well have a wee think over the next few days as to the way forward. I think your folks deserve some compensation for the ABUSE they suffered at the hands of London Scottish doorstep shylock:mad:

[Brassed off]

Well have a wee think over the next few days as to the way forward. I think your folks deserve some compensation for the ABUSE they suffered at the hands of London Scottish doorstep shylock:mad:

 

Angel - read your post today and totally agree with ODC - go for the compo - your relatives deserve it

 

BO

 

PS - Congrats by the way - good for you

[diskmandave]

Forgot to release the balloons!

 

Here they come..........................!

 

 

Well done again angel49 !

[angel49]

Dave,You really know how to bring some fun into sometimes miserable and upsetting times.I'm bringing my Aunt to my house tomorrow to show her all these messages and those balloons! Just to show her how kind and thoughtful folk on here have been,but also to show her she's not done anything wrong.

Not long spoken to her and all thats gone on over the years with these collectors (LS) has humiliated her (her words) because she didn't pay her debts!

I'm sooooo gonna get these!!!!!!!!

[diskmandave]

I learned a long time ago that to let them get to me would be to give in...!

 

These are for your Great Aunt and Uncle..... On behalf of us all.............

 

 

 

 

And this is what we all think of London Scottish................

 

[lemma1968]

DMD - we love you. You always know what to say. You are an inspiration.

 

and Angel.....WELL DONE for helping your relatives. Your patience when dealing with those morons is illustrative to us all that THEY can be overcome.

[staz]

Brilliant, I've just read it all and it makes me happier than cheap cider!

[diskmandave]

DMD - we love you. You always know what to say. You are an inspiration.

 

and Angel.....WELL DONE for helping your relatives. Your patience when dealing with those morons is illustrative to us all that THEY can be overcome.

 

Wow! Thank You so much!! I'll have a couple of Cheeky Vimto's for U!

 

 

Best wishes, Dave...

 

 

[itsamomentintime]

hmm. loan for £2463 taken out in 1993

 

13 years of payments

 

London Scottish decide to write off £1610 outstanding loan amount in 2007, ONLY because the debt can no longer be enforced (no CCA)

 

so - 13 years of payments only reduce the original balance by around £800 (with roughly £4000 in interest paid)

 

cant help thinking that London Scottish have had their money and are laughing at us all

 

not happy!!!!!

[joneshousehold]

Hi there. Terrible story!

 

A few points spring to mind here.

 

1. There is some reason to believe that the 3rd paragraph of page 1 of their letter is correct. The courts are reluctant to force repayment if there is just non-compliance of a S77 or S78 request. That does not stop you trying but I think it would be too simplistic and more likely to fail as a strategy.

2. I have a vague recollection that there is some legislation preventing extortionate interest rates. Try the OFT website, or just google for a few relevant words. Rates above a certain maximum are considered extortionate and 30% seems to ring a bell (something to do with the reason why a lot of credit cards use 29.9%)

3. If the extra amounts they have paid include charges, then the usual rules apply and these could be demanded back. You may have difficulty getting the money as the creditor will probably automatically offset any charges against the amount owed but if you add charges to the extortionate interest, that should give some some of claimable amount.

 

Sorry to be a bit vague, these are just some early thoughts and I didn't want to forget them. I suggest some research on both the forums and the internet might give you some ideas.

 

Good luck and keep us informed.

[angel49]

Hi itsamoment.

Quite agree!! LS have more than had their money back,even accounting for the few missed payments.

 

Hi joneshousehold

Thanks for your input.

In an earlier post i believe someone mentioned that LS add on a percentage when a payment is missed.

 

Statement of account shows weekly payments of £10 have been maintained since 1998.

 

The loan began in 1993

Details on the statement shows:

 

Loan date 14 March 1993

 

Loan amount £2,463

Loan? £874 (insurance)

Loan interest £3,864

[ODC]

As Joneshousehold says give the matter a good deal of research. Personally for the price of a few stamps and maybe an SAR I would fight these mongrels to get something back from them.

[joneshousehold]

By my reckoning, the interest rate applied on the original loan was in excess of 50%. The term must have been 7 years (based on the original £20 pw to pay all the amounts you have posted) - is that right? They were due to pay £7201 per the figures you show and have paid at least £7280 (£10pw for 14 years) so they were due to pay £80 + £1600 or so extra. Part of this will be extra interest and part perhaps a penalty charge. The % that is added on top for a missed payment may be a penalty charge - it depends on how and why it is added. The T&C's would show this but I suspect you don't have a copy. You could try to SAR for one under DPA.

[joneshousehold]

SNAP!!!

 

You must have posted whilst I was writing ODC - I always was too wordy!

[angel49]

ODC - joneshousehold

S.A.R will be on its way this morning.Thanks. Just googled and found the following from OFT

 

Unfair relationships

Subject to transitional provisions (outlined below), the provisions relating to extortionate credit bargains are replaced by the concept of unfair relationships. Under the new provisions a court can make an order where it finds that the relationship between a creditor and debtor under a credit agreement is unfair. When establishing whether the relationship is unfair, the court can consider the terms of the agreement, the way in which the creditor has enforced or exercised any of its rights and any other action taken by either the creditor or someone acting on its behalf. The court has a very wide discretion.

 

If the court finds that the relationship is unfair, the orders it can make are wide reaching and include requiring the creditor to repay any sum paid by the debtor by virtue of the credit agreement, as well as reducing the sums due under the agreement ordering the creditor to refrain from certain activities.

 

There is a transitional period of one year which commenced on 6 April 2007. During this period, the court will not hear any application under the unfair prejudice provisions, in relation to agreements made prior to 6 April 2007 during the transitional period. If an agreement made prior to 6 April 2007 is completed or settled within the transition period, the debtor will be unable to make an application after the transitional period has ended. In the meantime, the existing extortionate credit bargain provisions will remain in place in relation to agreements which complete within the transitional period.

[ODC]

Stick with it Angel. Soon it will be you offering London Scottish an opportunity to avoid a court case. Even if you only get one pennt back from them it will be a victory over their greed. Hopefully you will get a good amount that will allow you to give your folks something nice for all the nastiness LS put them through.

 

Remember ' Revenge is a dish best served cold '

[babybear39]

Hiya angel49

 

My rough calculations (5 years @ £20 a week and 9 years @ £10 per week = £9880) show your Great Aunt and Uncle must have paid at least £9500!!!

 

I'd agree with ODC and go for them big time to show them up for the vultures they are.

 

Good luck and *hugs*

 

BB

[angel49]

Thank you all, The encouragement really spurs me on.I expect LS think thats the end of that little chapter!

 

Thanks "huggybear"

Will post with anything new.

[angel49]

Mailed today, special delivery. AND....with the blessing of my Aunt! I think at long last she is over being ashamed to be in debt to these and is now angry.

I'm not making light of this, but now I'm tickled to think of my G/Aunt Vs LS, she's knee high to a grasshopper in her 70's and not terribly strong,but I can't repeat what she really wanted me to put in a letter to them!!!

 

 

Risk & Compliance

London Scottish Bank plc

London Scottish House

Quays Reach

Carolina Way Salford

Manchester

M50 2ZY

 

 

 

Subject Access Request, Data Protection Act 1984 / 1998

 

 

Dear Sir/Madam

 

Reference Account: xxxxxxxx

 

I would be grateful if you would provide the following: -

 

 

Full copies of all contracts which you believe exist between me and your organisation, including copies of any documents you hold in support of same.

 

Details of the identity of any individuals or organisations who have provided you with my personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts related.

 

Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

 

Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.

 

Full copies or transcripts of any computer logs or database records kept in relation to me or in relation to my financial or personal information.

 

Full copies of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to me.

 

Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.

 

Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

Full hard copy print outs of any of my personal or financial information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations. And Audio files.

Your registration number with the Information Commissioners Office.

Your Consumer Credit License number.

Your VAT registration number.

 

Where reference to emails is given above, these emails should be taken from your email servers or backups / archives held in a magnetic or digital format. These emails may not be present on a user’s local system, and may require the assistance of your IT department / IT providers, who you should contact immediately for their provision.

 

Please confirm whether you hold a physical file with details of my personal and / or financial information. If so, please provide details and dates of any instance when this file has left your control, to whom it has been communicated, the method of transportation / communication e.g. Royal Mail, courier, by hand, electronically. Please provide a full copy of this file Where my physical file has left your offices, please provide details of any precautions taken to ensure that my information has not been lost, stolen, misplaced or made available to anybody who does not have authorised access, including those who would use my information for the purposes of identity theft, or registered with any credit agencies. Please also confirm whether any of the documents held within the physical file are computer generated.

 

Under S.40 of The Administration of Justice Act 1970, if you believe you have provided my information to any organisation, agent, or individual who could, or may have used it for unlawful purposes, you should contact me immediately, and provide full details of their identification and address, together with full details of any instructions you have provided to them.

If you have forwarded or communicated my personal or financial information to any person, company, or organisation, please provide a copy of the authority, signed and dated by myself upon which you have relied prior to doing so. As requested above, you should provide copies on any such communications.

 

Under the Data Protection Act 1984 / 1998, as a Data Controller, you are responsible for the complete retraction of all information provided to any third party, should I request you to do so, and have a duty to myself to ensure that any personal or financial information I have provided to you is kept securely, and is only communicated to those to whom I have given my express permission / authority.

 

 

If you are unable to deal with this request, you should immediately forward it to the person within your organisation responsible for Data Protection. If you do not provide the information requested within the given time limits, 40 days under current Law, I shall have no choice but to forward all information to the information commissioners’ office.

 

 

I enclose a cheque for the statutory sum of £10 to cover your fee.

 

Yours faithfully

[ODC]

That is excellent. I would love to be a fly on the wall when that one reaches them. I think we can all guess what your G/Aunt would have said if you had let her on to your computer:eek:

[angel49]

update

London Scottish have responded to SAR.

Statement of account shows a total of £5,603.00 has been paid over the years.

 

 

 

[sillygirl1]

I think a report to the FOS would be in order, this seems like a very unfair amount to be left over after all these years - more than half the original loan!

My continued support for your fight with this lot continues.... give my regards to your Great Aunt - if she is of the same era as some of my older friends I can imagine some of the phrases "dozy wasacks" comes to mind for one....