Advice needed please on 1 big debt

ClaireLR

Thanks so much for the help, ive found that one! and will be sending it off tomorrow.

What exactly is a subject access request?

Once again thanks for all the help.

newmum1

Its the request to get the info which the bank holds about you.

ClaireLR

Hi new mum

What type of info would that be?? Is it your personal details, like address, DoB etc? Or does it run deeper than that?

Thanks.

smashedbooboo

Go into the reclaim bank charges forum. Click on the success forum and at the very top of the page you will see letter one. print that off and send it with a postal order for £10. they have 40 days to reply to this. They will send you all the info they have on you. It is part of the data protection act. When you send off your letter for the CCA make sure you send it recorded delivery. You must from now on keep a paper trail. They have twelve days plus two days for posting and delivery to supply this. I will post again the consequences for ot supplying within the alloted time, But need to do some more research on this. Need to get my facts right before writing it down. But in the meantime get your letters off tomorrow. If anyone rings you do not admit any liability for thedebt on the phone. and tell them you will only comminicate in writing from now on. That way you have everthing in writing. And let them write to you first apart from the letters you are sending off tomorrow. Just sit back and waitnow.

smashedbooboo

Much deeper than that hun, it will be all the statements of your loan and what ever charges have been applied to it. Once you get them we can have a look and see if there is anything that can be claimed back from them which in turn will reduce the debt hopefully. But will come to that as and when you have all the info from them. You need to send the CCA letter to the people at the top of the letter you have. And the SAR to the bank.

ClaireLR

Right I will get on the case first thing tomorrow, Ill get the letters in the post and wait for a response, thank you so much for all your help tonight, was feeling out of my depth and didn't really know what to do next to be honest, but am feeling much more positive now. As soon as I hear anything at all from them I shall let you know!!

Once again thanks a lot. x

smashedbooboo

Start a diary of sorts. I will check in on you each day. Please dont fel swamped. We are all here for the same reason. Some of us through sheer stupity and some through no fault of their own. We are not here to judge but advise if we can. keep posting hun. If i am not here there will be someone else along to help. Have a look at the FAQ and through some of the other boards as well. Its totally addictive. Not only will you be able to sort out this debt but you will see how much you can save and cutback as well.

dawnybabes

If he has insurance on it could he not trigger this now hes unemployed ??

Might be me being thick here ......

ClaireLR

Hi dawnybabes,

we did think of this one but because so much time has lapsed we re not sure now how this would stand? At the time he stopped paying he was actually still employed and so I don't think that he would be able to claim on that basis.

But if you think otherwise then please do let me know, any help/advice is much appreciated!!

ClaireLR

Guys any further advice on this would be appreciated.............

OH has received a claim form today from the court for the grand total of £29439.29 (inc £400 in court fee) EEK!

So basically I need to know what to do next.

The advice smashedbooboo gave me was great and thanks for that, unfortunately I did not follow this through due to my printer being out of ink, not a particularly good excuse I know but I just didn't get round to replacing it so unfortunately I didn't send off for the documents that she told me to.

So anyway OH has had the claim form come through and we have 14 days to admit/part admit/defend the claim.

so what do we do????

Some ideas we have come up with are: -

Admit the whole claim and spend forever and a day paying it off, not in favour of this one as don't want to be paying back extortionate interest/insurance charges for the rest of our lives and also don't agree with what they have charged re interest/insurance. Also OH is out of work atm so we don't really have any spare cash to start making any kind of payment atm anyway.

Admit part of the claim - i.e. admit that yes, he did have the loan originially (£12k) and dispute the rest i.e. the interest charges and the payment protection insurance charges. Possibly the best course of action we think???? But unsure how a judge will see this when neither side has any documentation (this they have admitted in a letter via the financial ombudsman when we disputed the claim earlier) and unsure again where we would stand on paying this back as I have said OH is out of work atm.

Defend the whole claim - again we are unsure, RBS say they don't have any documentation to support that the loan was ever taken out at all and as I have said they reloaned over the telephone as far as I am aware, meaning there are no signitures to confirm that the reloan amounts were ever taken out, and as they have lost the paperwork from the originial loan, which OH tells me was for £10k (£12k after said reloans), can they pursue this?

Also I need to know if its to late to get the documents that smashedbooboo told me to get, the court papers have to be back by 25 April and I understand that these documents take 45 days to get hold of, is there any way of delaying sending the court papers back so that I can get hold of these?? That way we may be in a better position to decide what to do.

Also, as OH is out of work is he entitled to legal aid for a Solicitor or is this not the case since it is not a civil matter?

Any advice would be appreciated, as it's Saturday there isn't anywhere that we can think of contacting (like CAB for instance) for advice.

Thanks