Personal loan

what_a_mess_5

Can you anybody give me some advice. I took out a loan some 5 years ago i borrowed around 7,000 the payments were 184.00 pm over 84 months which by my calculation is around just of 15,000 pounds to day back. Unfortunately i defaulted and ended with a ccj an continued to pay a reduced rate of 123.00pm to a third party the loan had been passed on to a solicitor working on behalf of the company.

I have this week just received a statement from the original loan company saying that i borrowed 30,000 which is just not a viable figure and can never be paid back. How can i find out exactly what i borrowed and what do i do about this very frightening statement

~Brock~

The amount of the CCJ is the figure that matters. How much was it for? Also, does the order give provision for interest to continue to be charged?

what_a_mess_5

not sure but it was not 30,000will try and find out accoridng ot the statement no interest has been charged since the CCJ

Thanks you

~Brock~

If you check your credit file the amount of the CCJ should show alongside its entry.

what_a_mess_5

Thank you never thought of that will do it straight away

what_a_mess_5

The statement i received stated that i had borrowed 30,0000 this is not correct can i take any action on this action have asked for cca and ccj paperwork but received nothing to date......

AMILLIONDOLLARS

Have you a copy of the original loan agreement, if not, request a copy from the company demanding payment, either the third party or the original company you took the loan out with should have a copy. If they cannot provide you with a copy, they may well have a problem enforcing the loan. Put your request in writing giving them seven days to comply with your request. There is a section on here that deals with situations like this, otherwise you could use the link below for the consumer forum, it comes under the legal section

http://www.consumeractiongroup.co.uk/forum/legal-issues/131982-basic-information-credit-agreement.html

http://www.consumerforums.com/

AMD

what_a_mess_5

Thanks very much I do not have a problem paying for the orignal loan which should around 15,000. Can I ask if I signed the CCA for 15,000 is that all that the company can charge me do not have a great understanding of this. I have asked for a copy of the agreement in twice in last few months and hav enot had any reply. Contacted the solicitor dealing with my account yesterday and they assured me that they would request a copy. Also if the CCA states the original figure would I be able to go back to court in relation to the CCJ.............

ANY HELP WOULD BE GRATEFULLY RECEIVED LOSING A LOT OF SLEEP OVER THIS

AMILLIONDOLLARS

Because you defaulted on the loan, you would have been taken to court and a CCJ would have been given against you. Did you get court papers? Were you given the opportunity of defending the CCJ?. You will need to also get a copy of the judgement against you. On it should be the amount being claim by the loan company/bank, Court papers should have been served to give you a chance of defending the claim. Find out which court the CCJ was handled, the solicitor should have this information/referece. Give their information dept a call and explain the situation. Once you have all the relevant information to hand, I would suggest that you take it to your local Citizen Advice Bureau, I think you need hands on help which cannot be done via the internet. Did you read my second link. about the credit agreement. Please put your request in writing to the Solicitor this is very important, they do need to respond, please send your letter recorded delivery

Here is a possible draft letter to use, (lifted from the Consumer Forum websit) edit it as you wish.

Dear Sirs

Account number

I write with regards to the above account with your organisation.

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.Additionally i require the underwriting sheet or other document showing any commissions paid to you by the broker or by you to the broker

(If you have any other reasons why you need the agreement such as misselling of PPI Add it here)

obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

I look forward to your reply and would ask for a response by 4pm on XXXX Date ( Give 21 days to respond)


Regards



xxxxxxxxxxx

what_a_mess_5

Thanks you will let you now how i get on. I did get court papers but the CCCS gave me instructions on how to complete the form and I honestly did nt look at them properly

Many thanks again