Loan chasing for arrears and Harrasment

bargainhunter90

Hi

I've got a loan and up to date with my loan payments I have asked for a refund on my PPI which has been agreed and waiting for it to process through.

I have since received a letter from them saying I'm over 1K in arrears my monthly repayment is about 160.00. This is the first contact I've had about arrears.

I called them up and they said its an auto generated letter and I haven't missed any payments and they will put the acc on hold and will not have any further contact from them.

I later the same day received a phone call I didn't answer another family member took the call- which nothing was discussed.

I'm just writing to ask for advice what I should do I'm not in arrears I've called and spoke with them but still got a phone call later on in the evening I dont want them calling me about a debt.

I'm up to date and can pay off the arrears sum only if I am in arrears, which I'm not lol

russt2000

can 't you check from your bank statement, that you have been paying properly?
Have you asked them for a letter explaining where they think this arrears has come from.
the ppi refund , if they have agreed {well done} was it icluded in the loan? or was it paid for seperately? if it was included in the loan, make sure you are going to get back the premium and all the interest on the ppi , loan should bre restated if it is that type of ppi.

If they phone say that you are willing to help ,but you want a statement showing how and where this alleged arrears has come from. and until they do ,you are disputing the fact{after you have double checked your account and are happy you are up to date.}

bargainhunter90

russt2000 wrote: »

can 't you check from your bank statement, that you have been paying properly?
Have you asked them for a letter explaining where they think this arrears has come from.
the ppi refund , if they have agreed {well done} was it icluded in the loan? or was it paid for seperately? if it was included in the loan, make sure you are going to get back the premium and all the interest on the ppi , loan should bre restated if it is that type of ppi.

If they phone say that you are willing to help ,but you want a statement showing how and where this alleged arrears has come from. and until they do ,you are disputing the fact{after you have double checked your account and are happy you are up to date.}

Bank statement checked all paid

They sent a statement with the arrears showing my last 6 months worth showing as paid

The PPI done something I dont know what and couldnt resolve over the the phone there is no actual arrears on the account

Will just have to write in

bargainhunter90

Received another phone call today explained it again and they put the account on hold or so they said and wrote a letter :mad:

Also called the ppi people to let them know

Later got home second letter saying to pay up within 7 days :mad::mad::mad::mad:

damoandclaire

One thing I can think of is that if the PPI has been agreed to be refunded, if they have simply reversed this on your loan without actually changing the loan, it could well be an automated thing in terms of their system thinking you haven't paid the full payments (loan plus PPI) for however long it is you've had it for and thats why they think you're in arrears. (does any of that make sense lol)

Sounds related to the PPI refund to me.

bargainhunter90

I've received another phone call today

They checked the account spoke to a supervisor it is my PPI refund the Account will clear itself.

They have me on an automated system to keep calling and said they will take it off - not trusting them after they said my account will be put on hold twice before.

I'm getting calls daily and keep saying if they can show a statement with missed payments I shall provide payment which they are not able to do.

Is there any action for harassment I can take if this continues

EDIT I'm thinking of complaining to the Financial Ombudsman I think I'm covered to claim under the Protection from Harassment Act 1997 and section 40 of The Administration of Justice Act 1970 but unable to make a civil claim independently.

I'm now going to use the following legislation to assist in my complaint

WARNING: The [FONT=&quot]Administration of Justice[/FONT] Act 1970
WARNING: Section 4A - Public Order Act 1986.
WARNING: Section 1 & 2 - Malicious Communications Act 1988.
WARNING: Protection from Harassment Act 1997
WARNING: The Communications Act (2003) s. 127
WARNING: The Office of Fair Trading Code of Guidance


I have drafted a long 3 and a half page letter to claim harassment and dispute the arrears...

dollymouse_2

Hey bargainhunter

I work for a loans company, and we get this query quite a lot. Basically when you cancel the PPI there are certain adjustments that have to be made on the account while it is being reset, which means it incorrectly shows that the account is in arrears until the process is finished and the loan is reset without insurance. The system automatically sends out the arrears letters and although the collections dept should be notified so no further letters go out sometimes they can occassionally slip through the net. Once the insurance has all been sorted the account should sort itself out. Best to put your complaint through the companies internal complaints procedure, Ombudsman wll tell you to do this before taking on the complaint

Hope you get this all sorted soon
x

bargainhunter90

Thank you dollymouse

I have put together my complaint letter most of yesterday :j, been waiting a month for it to process :rolleyes:

Hope its all done soon :T

bargainhunter90

Sent off my complaint letters shortened it down lol

Got home they reset a direct debit up and for the old loan amount :mad: least I can pay it. They are getting a bit useless at sorting it out....

bargainhunter90

Had a letter of apology from them today and will take off my number from record.

Also got a statement to confirm im up to date with payments :-)

Still waiting for my refund for PPI tho :-(