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

[angel49]

Hi,

I'm helping my Great Aunt & Uncle sort out things they are quite oblivious to. They are both in their 70's and had a loan in 1993 for £2000 repayable at £20.00 per week. They continue to have a doorstep collection weekly with an agent from London Scottish subsidiary co.

Looking at their card they have been paying £10.00 per week for the last 6 years with a balance of £1,426 still left to pay!!!!

I have sent off a CCA to this company on their behalf. I have also said not to make further payments until this is sorted.

The collector came yesterday (Good Friday) and said his boss will get a letter out to them explaining everything.

 

Nothing to explain is there?? They've been ripped off BIG TIME.

 

They should respond to the CCA by 11th April.

 

Can I get any of this money back for them? They have surely paid over the odds.

They are so vulnerable and have been quite happily paying this money over 15 years. Something wrong somewhere.

 

Any advice on where to go from here?

[angel49]

Thanks so much for the response/support, I just could not believe it myself when I just happened to visit at the time of the collector 2 weeks ago. I then asked what they were paying for and took it from there.

 

I gave them a letter to give the collector stating the account was in dispute until they responded to the CCA so when he called yesterday his reaction was to call the office who relayed the message that he would be sending out a letter to "explain everything"

[angel49]

Hi Priorityone.

 

Sent CCA and they have till April 11 to respond to this.Will of course post with any progress.

 

I'm really angry with this company and just happened to be visiting when this collector called,both my G-aunt and Uncle are quite vulnerable.

 

If you get a mo to spare,I have posted in PPI forum as to how Black horse have taken advantage also. (Blackhorse PPI mis-sold to pensioner) I should add,I believe the loans from Blackhorse were also mis-sold.

[angel49]

P.S.

They just have a payment card and £10 marked off each week, no charges that show up so it was probably some extortionate amount of interest added on to the loan in the beginning.

[angel49]

Hi Diskman

Most definately something wrong! The loan was for just £2000, and original repayments were for £20 p.w. They tell me they had been paying this for 2 years without ever missing a payment (unlike myself!) they lowered their repayments to £10 in 2001 and they have remained at this figure ever since. Again,from what I can see from their repayment cards they have only missed the odd payment here and there,maybe 1 or 2 a year when they've been on holiday.

The collector comes from a company called Everything Financial.

As said in an earlier post, I told them not to make any further payments and I gave them a letter to give the collector (Good Friday) advising the account was in dispute pending request under CCA.

I'm itching to see if one can be produced.

[angel49]

Small update.

 

Statement of account arrived today showing weekly payments of £10 since 1998,a total of £4,680.

The loan began in 1993 so they've failed to send 5 yrs statements.

Also failed to send credit agreement.

Details on the statement shows:

 

Loan date 14 March 1993

 

Loan amount £2,463

Loan? £874 (possibly insurance?)

Loan interest £3,864 (Disgusting)

 

The 12 days for complying to CCA request is up tomorrow, should I send reminder that they are now in default or let the next 30 days go by?

Would appreciate any advice/guidance on this matter.Thank you.

[angel49]

Thanks Zara, That's something I wasn't aware of other than Christmas and Sundays. Been reading your thread, what a time you've had!! Hope it all rights itself.

[angel49]

Hi meg&mog,

Thanks again for the encouragement. With some help & guidance from the site, I certainly intend to see how far I can go with this. My G-Aunt is worried about "getting into trouble" if she doesn't make any payments.

 

I can only imagine how many other vulnerable people there are out there with no-one to help them. Especially if they're "not so young" and being preyed upon.

Will update with any progress.

[angel49]

Thanks for the comments/observations, I just thought a reminder in order to prevent a collector at the door again until I can make some headway with this.

The folks are both in their 70's and I'm not promising I can be at their home at the same time when they get a collector.

I just don't want them paying any more money out to these people.

[angel49]

Update.

No sign of any credit agreement yet or any further visits from doorstep collector. The (12+2) + 30 calendar days will be up on May 11th.

 

What is the next step if any?

 

Any guidance on how I can proceed to recover some of this money for my folks?

[angel49]

Thank you hisholiness and baby bear, its appalling the amount of money they have paid well over the odds.

 

Small update.

Presently going through the motions by way of London Scottish complaint procedure. Still no credit agreement.

First letter went to Mount Street address,then had a letter from Quays Reach to forward copies of all correspondence re:Everything Financial.

The collector has not been since I handed him his notice of trespass!!

Following that,I sent letter of complaint to Everything Financial.

Have forwarded all paperwork to TS so will see what they come up with.

I fully intend to get some of their money back,will update with any further development.

[angel49]

Hi rosemary

I didn't send SAR. I sent CCA request to the branch that had been making collections from my G/aunt & uncle. This was "Everything Financial" in Bromsgrove Worcs. I am presently going through London Scottish complaints procedure. Let me know how you get on, do you have a local branch? I believe you can send your SAR to head office either way.

[angel49]

Hi babybear

Thanks for your kind thoughts.They are both fine but still worry about whether its right for not honouring their debts as it were.Will update on any progress,I'm angry as hell with these people.

[angel49]

Okayyyyy update at last.

It seems the Bromsgrove offices of "everything Financial" had closed down last December,so that is London Scottish trying to wrangle out of their non-compliance.Have reported to all authorities who don't really appear to be that interested but I'll keep on at them. My G Uncle has since suffered a couple of heart attacks so I want to close this for him and my G Aunt.

Went through the complaint procedure with LS and today the following arrived.

 

 

 

[angel49]

Thanks Dave

I was hoping you'd drop in. I feel good now its done. See you've been having some fun............

[angel49]

Thank you all for your comments,much appreciated.

 

Babybear.I love how you always give lots of hugs-I'm calling you huggybear:)

 

ODC. Damn right,I'd love to go further and get them some money back.

 

Monty. Got to be worth challenging

 

Mr blue sky. definately lots of folk out there that must spend days/nights full of worry.I used to be one of them,this site has helped me deal with my problems.

[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.

[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.

[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!!!!!!!!

[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

[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.

[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

[angel49]

update

London Scottish have responded to SAR.

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

 

 

 

[angel49]

Hi all

Will be making further enquiries as to how to proceed with this now. I do so want to get my folks something back for the shabby treatment they endured at their age.

Will post when I've decided the plan of action.

 

I so want to thank everyone for their support and words of encouragement on this thread. This doorstep collection business would still be going on if I hadn't discovered this site to turn to. Thank you all.