Guarentor problems

michael1983l

Can you explain to me how getting her fired from her job will increase your chances of seeing some money back off her?

What you should have done is approached FLM and explained to them because they changed your contact details without your conscent and therefore made it impossible to know about the defaults in time to do something about it, that they have made their credit agreement invalid by not informing you of the default sums in which they are obliged by law to do under the consumer credit act. As far as I am concerned FLM have coerced in fraud with the original lender, unwittingly maybe but they should have protected you better than they did.

DUTR

michael1983l wrote: »

Can you explain to me how getting her fired from her job will increase your chances of seeing some money back off her?

What you should have done is approached FLM and explained to them because they changed your contact details without your conscent and therefore made it impossible to know about the defaults in time to do something about it, that they have made their credit agreement invalid by not informing you of the default sums in which they are obliged by law to do under the consumer credit act. As far as I am concerned FLM have coerced in fraud with the original lender, unwittingly maybe but they should have protected you better than they did.

It won't but some people seem to think they can do what they want to whoever they want , whenever they want, poor Rebecca got arrested and locked up for something she didn't do, yet there are people abusing their position, it would be the worst rip off the OPs 'friend' had completed :T

sprite1508

michael8319l- i have been in touch with FLM and as they thought it was ME making the changes they are not at fault, i have also been in touch with the police who say as she has no attempted further monies vias the changes nothing can be done, i have also been in touch with her on numerous occasions in an attemp to help her pay - i even offered to help her by paying half what exactly am i supposed to do, i am already having to take her to court and i dont believe for one minute that she will pay me back so why should she get off scot free, she has abused our friendship, abused her postion as a nurse, tried to get the womans childern takenn off her by putting false entries into the child protetion register..... im not sure what your stance on this but to me this is completly unethical already despite the loan issues, are we just to allow her to get away with this. and this is not sour grapes - had i have known about this before i would have reported her anyway!

michael1983l

sprite1508 wrote: »

michael8319l- i have been in touch with FLM and as they thought it was ME making the changes they are not at fault, i have also been in touch with the police who say as she has no attempted further monies vias the changes nothing can be done, i have also been in touch with her on numerous occasions in an attemp to help her pay - i even offered to help her by paying half what exactly am i supposed to do, i am already having to take her to court and i dont believe for one minute that she will pay me back so why should she get off scot free, she has abused our friendship, abused her postion as a nurse, tried to get the womans childern takenn off her by putting false entries into the child protetion register..... im not sure what your stance on this but to me this is completly unethical already despite the loan issues, are we just to allow her to get away with this. and this is not sour grapes - had i have known about this before i would have reported her anyway!

FLM can say whatever they want, when dealing with guarantor loans they should be savvy to this kind of activity. They could have called you on your proper details to check to see if it was you indeed making the changes, or do a soft credit search on you to see if you had changed address. FLM allowed somebody else to change your contact details, therefore it is them at fault. If I was in your position I would inform them that you dispute the debt, and then promptly send a letter to the OFT. Also I would take some legal advice and see if you have grounds to charge FLM with coercsion in fraud.

Despite what they say they also are obliged by law to serve you timely default notices of which they haven't done.

FLM in my eyes do not have a leg to stand on and your credit agreement with them should now be invalid.

If FLM want to take action they should chase your friend and report her to the police for fraud, they should keep dates times, numbers called from and possibly telephone recordings of conversations.

It should not be too hard for them to prove it was your friend should they want to, however it is currently easier for them to take the money from you because you are clearly not standing your ground or taking proper advice on the issue.

P.S. If you can prove that your friend made the changes whilst impersonating you, then this IS fraud and she could do serious time for it.

sprite1508

ok i will take your advice and get back onto them, they are aware i am involving the police and said they will release logs, telephone call recordings etc to the police so they obv have them, it makes sense what your saying but this loan company dont seem to have the best history in `helping` guarentors...

michael1983l

sprite1508 wrote: »

ok i will take your advice and get back onto them, they are aware i am involving the police and said they will release logs, telephone call recordings etc to the police so they obv have them, it makes sense what your saying but this loan company dont seem to have the best history in `helping` guarentors...

I agree and that is because FLM want to take the easy route and unfortunately that is you. However what you should do immidiately is lodge a complaint with FLM and the ombudsman by writing and ensure that you state you are disputing the debt on the grounds of fraud and FLM's failure to provide a default notice in accordance with the Consumer credit act 2006... specifically

11Failure to give notice of sums in arrearsAfter section 86C of the 1974 Act (inserted by section 10 of this Act) insert—“86DFailure to give notice of sums in arrears(1)This section applies where the creditor or owner under an agreement is under a duty to give the debtor or hirer notices under section 86B but fails to give him such a notice—(a)within the period mentioned in subsection (2)(a) of that section; or(b)within the period of six months beginning with the day after the day on which such a notice was last given to him.(2)This section also applies where the creditor under an agreement is under a duty to give the debtor a notice under section 86C but fails to do so before the end of the period mentioned in subsection (2) of that section.(3)The creditor or owner shall not be entitled to enforce the agreement during the period of non-compliance.(4)The debtor or hirer shall have no liability to pay—(a)any sum of interest to the extent calculated by reference to the period of non-compliance or to any part of it; or(b)any default sum which (apart from this paragraph)—(i)would have become payable during the period of non-compliance; or(ii)would have become payable after the end of that period in connection with a breach of the agreement which occurs during that period (whether or not the breach continues after the end of that period).(5)In this section ‘the period of non-compliance’ means, in relation to a failure to give a notice under section 86B or 86C to the debtor or hirer, the period which—(a)begins immediately after the end of the period mentioned in (as the case may be) subsection (1)(a) or (b) or (2); and(b)ends at the end of the day mentioned in subsection (6).(6)That day is—(a)in the case of a failure to give a notice under section 86B as mentioned in subsection (1)(a) of this section, the day on which the notice is given to the debtor or hirer;(b)in the case of a failure to give a notice under that section as mentioned in subsection (1)(b) of this section, the earlier of the following—(i)the day on which the notice is given to the debtor or hirer;(ii)the day on which the condition mentioned in subsection (4)(a) of that section is satisfied;(c)in the case of a failure to give a notice under section 86C, the day on which the notice is given to the debtor.”

http://www.legislation.gov.uk/ukpga/2006/14/section/11

dtsazza

michael1983l wrote: »

Can you explain to me how getting her fired from her job will increase your chances of seeing some money back off her?

You're right in that narrow sense.

But it sounds like this woman really is unfit to be a nurse, above and beyond this current issue. In that regard the OP is doing a good duty to society by informing the RGN of her behaviour so that appropriate action can be taken.

The fact that this does in fact somewhat diminish the chances of the money owed being paid back makes it all the more admirable. I think it's great to see someone doing what's right, rather than being purely self-motivated.

michael1983l

dtsazza wrote: »

You're right in that narrow sense.

But it sounds like this woman really is unfit to be a nurse, above and beyond this current issue. In that regard the OP is doing a good duty to society by informing the RGN of her behaviour so that appropriate action can be taken.

The fact that this does in fact somewhat diminish the chances of the money owed being paid back makes it all the more admirable. I think it's great to see someone doing what's right, rather than being purely self-motivated.

I may be wrong but I get the feeling the OP is more doing it to make them feel some sense of justice rather than for what is "right".

sprite1508

no im doing it because i work hard to keep my professional status high and people like this need to be stopped! the fact that it will def prevent her from paying back is irrelavent - i know im prob not gonna get it anyway.... like i said had i had known about this before i would have done it anyway, imagine if this woman was putting false entries into a child prot register reg to children you know, the poor woman doesnt even know yet! i may actually prevent her a world of heartache

sprite1508

"I agree and that is because FLM want to take the easy route and unfortunately that is you. However what you should do immidiately is lodge a complaint with FLM and the ombudsman by writing and ensure that you state you are disputing the debt on the grounds of fraud and FLM's failure to provide a default notice in accordance with the Consumer credit act 2006... specifically....."

thanks michael you have spurred me on, i have been in contact with FLM and first i had to fill in an online complaint form, so iv done this and i hope you dont mind but iv `borrowed` some of your lines as they were spot on. they aim to get back to me in three days so well see what they have to say eh :-) even if they cant/wont void the loan (which i dont think they will), and they waiver all charges and interest since 4th oct it will knock over £600 off. fingers crossed for the void tho, iv told them that if we cannot come to some sort of agreement i will have no other option than to involve the OFT and Financial omb