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    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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Interest Charges On BOS Overdraft


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I defaulted on a flexable account with an ex partner. I asked for statements going back to 1997 but have not recieved them all yet.What i do have is this though.

As of 6th jan 2000, I had an overdraft of £4778.66

As of 14th October 2005 I still had £4854.52 to pay? Ouch Only paid £29 in all that time.

 

 

They have charged me £2838.07 in interest

I have repaid to the account £2778.00 in that time.

 

I paid through an agency for a while, small amounts & for the last 18 months approx I have paid £80 to them on time regular.

 

Is this excessive interest?

Any thoughts what my next move should be with this account. I cannot get a proper bank account because of this default.

Mike

Mike

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Ouch! What do you mean by 'paid through an agency'? If you were in default and made an arrangement to pay, I thought that the interest was supposed to stop being added. Who has been adding all the interest? There are some very interesting threads on the forum concerning debt collection agencies.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Thxs for the reply Robert. The agency was one of those companies who promise to lower your monthly payments etc.They were Baines & Ernst. I paid money to them & they then forwarded it onto the bank.I no longer deal with them & prefer to pay myself.The bank have never made an arrangement with me & when I recently phoned to get a settlement on the account I was given a figure to do just that. I thought better off it though, & thought I would get some opinions first before I probably have to seek proper legal advice. They are never off the phone now to see when I am settling which makes me think there is something not quite right here.They have tried to give me a 6 monthly financial review as well but they have never ever ever given me a review before.Going to phone for rest of my statements today(the missing ones)

Mike

Mike

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Lowering your monthly payments is only ok if they've managed to do a deal whereby the principle sum owed is also lowered, otherwise you end up just paying enough to cover the interest, and therefore never get out of debt. Which sounds a bit like where you are now.

 

I think before you do anything else you need to be in full possession of the facts. If I were in your position I would also be doing a DPA request on Baines & Ernst, so that you can see exactly what they've done.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Robert thxs once again. I have the statements pertaining to the period Baines & Ernst were paying my debt so thats not a problem.When the account first defaulted they were charging over £100 in interst monthly but all of a sudden they changed that to about £30 after a few months.They do not communicate with my ex partner, just me, but all back statements show just my ex's name as having paid the debt(I give her half every month). I guess that I am the one defaulted & she has got off scot free.I will update this as I get more info.

mike

Mike

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