Guarantor on an flm loan what happens if i go to court?

T7YVB1

Just been on their website where i can log on and view statements.... its paid under direct debits (payment plan) ..... basically they have set there own direct debit plan up in the past week! where do i stand on this? are they allowed to do that? i asked for the signed agreement and terms and conditions to be sent through to my house before i paid them anything i wanted to read through it and they still havnt arrived!

T7YVB1

No was going to attempt to negotiate a payment plan with them today.... i havnt agreed to anything

pippitypip_2

T7YVB1 wrote: »

Just been on their website where i can log on and view statements.... its paid under direct debits (payment plan) ..... basically they have set there own direct debit plan up in the past week! where do i stand on this? are they allowed to do that? i asked for the signed agreement and terms and conditions to be sent through to my house before i paid them anything i wanted to read through it and they still havnt arrived!

They can't have set up a direct debit without your permission and without your full details. Anyway direct debits take a few weeks to set up I think.

I believe then, under the direct debit guarantee you can claim it back..

Have you called FLM yet? The bank ?

pippitypip

pippitypip

T7YVB1

My plan is when i finish work at 3 to go straight to the bank and see what they say and where i stand and then ring flm and give them what for.

Thanks will look up the direct debit guarantee now, not heard of that one.

T7YVB1

They will have taken my full details from the application. there definately wasnt a dd set up when the loan was getting paid with no problems because when we set up the loan i purposely kept looking (on internet banking) so i could cancel it and there was never any there. Just worried that they could have some loop hole in agreement or something which they havnt sent me yet so i cant read.

pippitypip_2

T7YVB1 wrote: »

My plan is when i finish work at 3 to go straight to the bank and see what they say and where i stand and then ring flm and give them what for.

Thanks will look up the direct debit guarantee now, not heard of that one.

You won't get anywhere if you give them what for. Currently the FLM account is barely in arrears; not been allocated to one person to deal with and they obviously have your old card on file, which is what you signed up for by being a guarantor.

Obvioulsy one dept is not speaking to another and they've gone ahead and taken payment, which you did originally authorise by being guarantor.

However, if you have spoken to them recently and told them you are not authorising payment due to financial difficulties (again if you had followed up in writing you would have a better case), then you might be able to get the payment back under the dd scheme.

I'd call FLM first before the bank to be honest, explain, beg and re-confrm they did not have the authorisation to take the full payment and that you had been in contact with them trying to arrange a payment plan.

pippitypip

pippitypip_2

T7YVB1
How did you get on, did you get your direct debit refunded? What did FLM/ your bank say?

pippitypip

T7YVB1

Apparently i signed a direct debit mandate when we set the loan up. The banks advice was just to keep cancelling the direct debit but they couldnt do it perminately as they didnt know what i had signed. Flm actually said i could have a refund but it would be by cheque and then i could pay what i could afford. i was surprised they offered that!

Had a breakthrough though on friday. was moaning to his sister, who got onto the guy. He didnt come up with the money but she managed to pull on his heartstrings and she gave me the money for this month. She is getting it back off him at £50 a month.

The only thing is, this is only for this month. Next month i am back in the exact same situation and they have already started with the 2 txt messages per day as were a month behind :-(

Thankyou for all your advice, i have printed it all out and will be using it next month.

pippitypip_2

T7YVB1 wrote: »

Apparently i signed a direct debit mandate when we set the loan up. The banks advice was just to keep cancelling the direct debit but they couldnt do it perminately as they didnt know what i had signed. Flm actually said i could have a refund but it would be by cheque and then i could pay what i could afford. i was surprised they offered that!

Had a breakthrough though on friday. was moaning to his sister, who got onto the guy. He didnt come up with the money but she managed to pull on his heartstrings and she gave me the money for this month. She is getting it back off him at £50 a month.

The only thing is, this is only for this month. Next month i am back in the exact same situation and they have already started with the 2 txt messages per day as were a month behind :-(

Thankyou for all your advice, i have printed it all out and will be using it next month.

Who do you bank with? I am with A&L and can view (and delete) direct debits in online banking.

If you can't do that, write them a letter (Recording delivery and keep a copy), confirming you are hereby cancelling your direct debit mandate as you are experiencing financial difficulties (as discussed by phone). Go into a bit more detal - be nice - and say you hope someone will please contact you to arrange a payment plan - and you can afford to pay £xx a month. Ask them to confirm they have cancelled the dd mandate and to confirm payment plan offer.

DON'T wait till next month - get on this NOW.

Brilliant news re the cheque - make sure you do receive it though and follow up if not, obviously.

So did his sister give you the full amount for this month's loan - and have you now paid that to FLM (or just cancelled the cheque request?)

You need to be very clear to them how the money came about, because otherwise they won't take your payment plan offer seriously and will keep harassing you (understandably) to pay in full each month.

If you keep contacting them, being proactive about it, and only make a standing order payment or card payment of your offer each month - they will eventually accept your payment plan.

I find them really easy to deal with now and all texts calls have stopped beacuse they are fully aware of the situation. They maybe catch up with me every 3 months or so to ask if my situation has changed.

hth,
pippitypip

T7YVB1

I bank with hsbc, i am set up with internet banking so yeah the plan is to keep cancelling it online if they keep setting it up.

I spoke to flm after i sorted out the money with the sister, so they didnt need to send me the cheque.

Brill idea of writing the letter, will write one today. Thanks