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Mistake by loan company..

124

Comments

  • telboyo
    telboyo Posts: 410 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 11 March 2011 at 1:09PM
    surely the OP gave the loan co permission to take 277 per month from his bank each month for 7 years. If thy have failed to do that it is their fault. The whole point is that the Direct debit scheme allows businesses to take money from your acc as long as they write to you and inform you of any changes.
    if the initial agreement said £277 and they took out £227 without writing to him the op is entitled to a refund.

    84*227=£19608. Problem sorted.

    See below

    http://www.bacs.co.uk/bacs/businesses/directdebit/collecting/pages/customersrights.aspx
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    drbesty wrote: »
    I'd assume the company don't regularly check these sort of things, whereas you hopefully check your bank account at least once a month. Did you take out a loan, then instantly forget how much the monthly repayment was?

    If the loan company can make a mistake, why can't the OP?
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    mjm3346 wrote: »
    Think you are missing the point, you knew what they should be taking when you took the loan out, they were taking out less - as you never check you did not know this so the £50 each month they were not taking will have been collecting in your account and you should have enough sitting in it to pay them the shortfall (£4200) just without paying the extra interest that has arisen.

    Me...I would have thought, "ooh, I must have made a mistake when he mentioned two hundred and seventy-seven, he must have said "twenty-seven," oh well, that's a relief."
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • Have you now investigated why this was not picked up each and every month as arrears on the account? I would have thought that the account would go into collections every month and generated a letter or telephone call to advise you. Have you also checked your credit report to see if this has had an adverse affect on your credit rating?
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    ekkygirl wrote: »
    I have to be honest I would not have noticed it on my bank statement, only that they had taken it. The company set up the payment themselves so I would say they have to let you off with the interest accrued through their mistake. Ask if you can pay the difference over a year.

    Or eighteen months, that'll clear the capital debt at two hundred and twenty-seven pounds a month.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • wizz1664
    wizz1664 Posts: 9 Forumite
    Thanks for all the posts and the sensible advice.

    I will not be speaking to them till early next week, and when I do I will certainly be asking them why the shortfall didn't flag up as arrears at their end.

    For those of you that are interested, I will update on here!

    Thanks.
  • geoffky
    geoffky Posts: 6,835 Forumite
    I can see why the op never noticed..some of us just let things go out of our account without checking all the time as to the amounts...i am guilty
    It is nice to see the value of your house going up'' Why ?
    Unless you are planning to sell up and not live anywhere, I can;t see the advantage.
    If you are planning to upsize the new house will cost more.
    If you are planning to downsize your new house will cost more than it should
    If you are trying to buy your first house its almost impossible.
  • telboyo
    telboyo Posts: 410 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    To be honest I never check Chip and pin machines- at Christmas I bought something for £29.99 it was rejected because the store clerk entered £2999, fortunately I did not have that in my current acc.
  • telboyo wrote: »
    surely the OP gave the loan co permission to take 277 per month from his bank each month for 7 years. If thy have failed to do that it is their fault. The whole point is that the Direct debit scheme allows businesses to take money from your acc as long as they write to you and inform you of any changes.
    if the initial agreement said £277 and they took out £227 without writing to him the op is entitled to a refund.

    84*227=£19608. Problem sorted.

    See below

    http://www.bacs.co.uk/bacs/businesses/directdebit/collecting/pages/customersrights.aspx


    I think they would argue that they have a signed aggrement saying he aggreed to PAY THEM £277 p/m.
    They may have only taken £227 but I think the small print will say something about him being resposible for making the full payments on time etc.

    As mentioned, follow the complaints procedure and tell them you coul carry on paying the 227 p/m until the outstanding amount was paid off but ask for the intrest to be waived as a goodwill gesture. (or tell them you will be phoning watchdog)
  • davjan
    davjan Posts: 42 Forumite
    OK - so what happens if the financial institution have calculated a monthly repayment to clear a loan by a certain date, the repayments have been made, to the penny, each month, according to these calculations, but they've miscalculated, and the loan won't actually be cleared by the final date?
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