Guarentor problems

michael1983l

sprite1508 wrote: »

"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

I'm happy to be of help and I truely hope that you manage to halt them in their practices. They make enough money through their interest rates to cover the non payers so you should have no guilt if they end up footing the bill.

sprite1508

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rising_from_the_ashes

Just caught this (not usually on this board) and what a horrific situation to be in.

This woman sounds a nightmare ....

I was going to suggest you ask for the security questions as they can't have been that hard if she passed them but see you've already done this. Will be interested to see what they come back with.

geoffky

KEEP fighting. get them to answer the above question in writing...well done for all this. all is recorded

sprite1508

yea iv been doing everything via email so i have a record of it, not had a rpely as yet so cant see it now till monday but ill let you know what thay have to say

michael1983l

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Now that they have admitted responsibility for the fraud on the account (by giving you a refund) I would argue that because you haven't been informed in a timely manner that the stage of effective defence against your friend is now passed and that your responsibility on the loan is now null and void. I would suggest that you request the debt to be put into a state of formal dispute and ask them to investigate the case file on the grounds of fraud and advise them that they need to take this up directly with your ex-friend and not you.

This is just my opinion but I would also advise that if they do not see this as being reasonable that you will be forced to lodge a complaint with the OFT due to the violation's in the consumer credit act as previously stated and also advise that you may take legal action not limited to court action against FLM for their breach of contract and collaberation in fraud.

michael1983l

Oh and I would also check your credit file to see if they have placed anything on there. If they have I would ask them to remove any marks with immidiate effect as far as you are concerned they have breached their initial contract with you and that the credit agreement is now null and void.

sprite1508

Done! iv now entered the second stage of complaints as im not happy with just the late charges being refunded. iv included all emails to and from myslef so they know exactly what im talking about (and to assure them im keeping copies) iv ened it with.........................................

I have emailed Benjamin back asking exactly what security questions were asked and has a copy of this telephone conversation been found, i am waiting on a reply however time is short as more charges are set to be added on the 4th Oct am i not prepared to wait for this to happen.
I am unsatisfied that only the late charges have been refunded, FLM have still failed to informed me in a timely manner and possibly the time for me to stage of effective defence in the small claims court against .......... may have now passed.
Had i been informed immediately (4th Oct 10) i would have cleared the loan myself, but as it took 6 months for this to happed a further 6 months worth of interest has been added, 7 months including the first default! This is a ridiculous amount of time for FLM to revert back to original contact details on the original documents! And i now see that my responsibility on the loan is now null and void.

I am requesting that this loan be put into a state of formal dispute therefore a full investigation into the case file on the grounds of fraud can be completed without further interest charges being added. In addition to this i would like FLM to be taking action against ........... for failing to keep up their responsibility to the loan, i am aware what a guarantor is for however the primary loan taker is indeed ............. .

If FLM do not see this as being reasonable that I will be forced to lodge a complaint with the OFT and Financial Ombudsman due to the violations in the consumer credit act, breach of contract and collaboration in fraud. as previously stated.

I look forward to your reply.,


quoted you againg Michael lol , hey if all this works ill owe you a large drink :-)

michael1983l

It was important that you got that the loan was in formal dispute as this will mean they have to freeze all chrges until the investigation is complete so well done for getting that in there.

Also as they did not inform you of a default within 6 month period, I am pretty sure the whole credit agreement would now be void because they have failed to meet the terms of their own contract in regards to the Consumer Credit Act.

The next step if you do not get anywhere with this is writing them a letter requesting that you be removed from the account as a guarantor due to FLM's breach of contract in reference to the Consumer Credit Act Specifically to the area already mentioned. Also make sure that they remove ANY information they have recorded with credit reference agencies that are held against your name. Tell them you want a signed letter in post confirming that they have done this.

If they then do not comply take your complaint to the ombudsman and OFT... After then MCOL court action.

I suspect they will give in to your requests as they obviously realise that they have breached contract and the CCA hence their speed at removing charges the last time.

michael1983l

Have you gotten anywhere with this yet?