Unenforceability & Template Letters III

never-in-doubt

-MRS_T- wrote: »

Hello

Firstly many thanks for taking to time to read and respond to my query.

I have already sent the sar and have the response back from them which is why I have a copy of the supposed credit agreement.

I was reading over the paperwork again and they have completley mucked this request up. They have sent me a loan agreement which is dodgy to say the least and also the dates on it have 2003 and 2006 on it so I think they have sent me a previous agreement as they have had several loans over the years with rbs. So on looking at it last night again it looks like they still havent managed to find the loan in question, and the one they have found they have doctored it.

Can you please email me a copy of this agreement and let me check it? Its fine to trust me with the content, however the more you blank out the harder it is for me to see how "doctored" the agreement is?

If you can email please confirm and i'll PM my email address.

in_to_deep

never-in-doubt wrote: »

Hiya

MBNA Loan = enforceable. Sorry

sent you a pm:(

never-in-doubt

in_to_deep wrote: »

sent you a pm:(

Hiya

Not good is it? I would do as suggested and speak to the account owner asap and arrange something so this does not escalate any further.

Kill it dead now, before you end up with a Charging Order or CCJ....

Good Luck - we're here if you need anything specific answering etc

in_to_deep

in_to_deep wrote: »

sent you a pm:(

thank you for reply will do

Rayce

Basically if they have merged the OD and CC to what we call "managed loan" then you'll not get a CCA and cannot pick and choose what element is the CC and which is the OD. If you agreed to this verbally or otherwise, unless it is regulated by the CCA then you cannot do much. So, be specific here is it classed as a Loan or what?

Thanks NID,

The two accounts weren't initially merged but became merged during the period in which I used a Debt Management Company - when I first defaulted on the debts and didn't know what to do! The DMC proved to be awful and took a 3rd of all payment so I eventually wised up and got rid of them.

Last night I went through the statements that I had the DMC send when I gave them the heave ho and see that at some point the CC and OD payments were merged. I wasn't comunicated with about this and only became aware of it when this documentation was recived. So basically it was agreed to by the DMC but not by me. The two debts were definitely initially seperate.

So, be specific here is it classed as a Loan or what?

I'm unsure as when I asked for CCA they just sent a current bank account T&C's. Whenever I've previously communicated with Robinson way about it they've always referred to it as my HSBC Credit Card. Seems that they're now picking and choosing what kind of debt of it is based on my CCA request.

Regards to the main body of your message, simply wait until you hear back from your SAR (around 40 days) before acting on your next move,

But shouldn't I be making payments on a "managed loan". I haven't defaulted yet...

Thanks again NID

never-in-doubt

Rayce wrote: »

The two accounts weren't initially merged but became merged during the period in which I used a Debt Management Company - when I first defaulted on the debts and didn't know what to do! The DMC proved to be awful and took a 3rd of all payment so I eventually wised up and got rid of them.

Ok, so you gave your authority to the DMP to act on your behalf right? Ergo, it is as good as your signed authorisation direct with the bank - but still, you must have had to give your say-so somewhere. A 3rd party provider cannot obtain a loan for a client - sorry, no can do!

Who is the DMP?

Rayce wrote: »

Last night I went through the statements that I had the DMC send when I gave them the heave ho and see that at some point the CC and OD payments were merged. I wasn't comunicated with about this and only became aware of it when this documentation was recived. So basically it was agreed to by the DMC but not by me. The two debts were definitely initially seperate.

I think if you've agreed to merge the debt into one payment, then your CCA obligations will be gone - point is, you did somehow agree - you simply had to of. If not then you could just report the DMP for fraud, right?

Rayce wrote: »

I'm unsure as when I asked for CCA they just sent a current bank account T&C's. Whenever I've previously communicated with Robinson way about it they've always referred to it as my HSBC Credit Card. Seems that they're now picking and choosing what kind of debt of it is based on my CCA request.

No - because I think they may have merged your CC debt into the OD debt meaning that you must repay it as OD's are actually exempt from CCA1974, ergo they have conned you in the nicest possible way. However are you 100% certain that you have not been set-up with a managed loan, which is usual for HSBC.

Rayce wrote: »

But shouldn't I be making payments on a "managed loan". I haven't defaulted yet... Thanks again NID

I never told you to stop paying, i'm saying you need to await the details of the SAR prior to being able to make any firm decisions.

I think you need to be taking this whole case to the FOS as it is way outwith things I usually deal with, and whilst I can advise - it's best to get formal complaints in place - but you do need to check paperwork cos something is amiss, it doesn't add up.

BrightonSun

Hi Niddy

Thanks for all your help. I can't imagine the pressure you are under being bombarded by questions!

I have just one question for you!

You have recently found a CCA enforceable for Aqua. And Suggested I contact for a repayment offer. I am going to send of the SAR request to them to try and get charges refunded to bring debt down....... Do I make a repayment offer now or do I hold fire until I have all the info from the SAR back?

Thanks

Rayce

Who is the DMP?

It was Debtcare. They provided no documentation for anything - no statements, nothing. I had to demand that they send a statement when we parted ways. They definitely didn't discuss merging the debts with me.

I think they may have merged your CC debt into the OD debt meaning that you must repay it as OD's are actually exempt from CCA1974, ergo they have conned you in the nicest possible way. However are you 100% certain that you have not been set-up with a managed loan, which is usual for HSBC?

Wow, tricky swines, eh?? I'll have a look through the documentation I have again tonight incase the accounts were merged unbeknown to me right at the very start. I'm not sure what consitutes agreeing to the set-up of a managed loan but I don't recall ever discussing it or signing anything to that effect and as said, the statements from DMC show seperate payments being made for a period to seperate accounts.

I never told you to stop paying, i'm saying you need to await the details of the SAR prior to being able to make any firm decisions.

Ah, gotcha

I think you need to be taking this whole case to the FOS as it is way outwith things I usually deal with, and whilst I can advise - it's best to get formal complaints in place - but you do need to check paperwork cos something is amiss, it doesn't add up.

Ok thanks mate, for everything. I'll wait for the SAR to come through and try to make sense of what's happened from there before I contact FOS.

never-in-doubt

BrightonSun wrote: »

do I hold fire until I have all the info from the SAR back?

Thanks

Hiya

as per email, see what the SAR brings in.

Slickfm

Hi Niddy, Hope you are well:) Nothing further to report as of yet!!
After reading all the faq's on page 1 again, I have a quick question please, at what point in time do all the outstanding balances drop off a credit file? Is it when they go Statute Barred (6yrs debt free:j)?

Cheers Nid try to enjoy the gorgeous weather:beer::beer: