Lender has terminated my loan in error, where do I stand

Conrad2

somethingcorporate wrote: »

I called it back in post 58 http://forums.moneysavingexpert.com/showpost.php?p=56280339&postcount=58

That somehow this would result in you coming back proclaiming it would now be written off.

You're a joker, a troll, a wum and a time-waster.

Enjoying your CCJs - you've earned them!

You're funny. I like you. Us wurms should stick together.

SeanG79

The default notice was in error, but but it was one of many, with whole sections of the CCA74 completely by passed, and, even though the lender has been informed - I have now sent them five letters regards the issue, with no response.

You sent FIVE letters since the 28th September, that's impressive!

I made one complaint via the lender's website, to which (in the two weeks since it was sent) they have still not replied - if they had done so, the error could have been avoided. Even without replying, there was enough information in the complaint to identify the account and the issue.

On receipt of the collection notice from the collection agency (28 Sept), I made a further complaint in writing to the lender's collections manager.

you made one complaint on their website, and you have given them 3 if you count today and assume they got their post first thing on Monday Morning, 4 working days since your first written complaint to them, to investigate the matter and respond to you in writing?

I can see why you're upset, you have the patience of a saint...

Conrad2

Hey. They have been pursuing this since August if my credit report is anything to go by. Oh, and by the way, they're in the wrong!

All emphasis from here is to call them. Should they not call me? They have had my response to the situation for four days, and I have sent further comms since then.

The complaint I made via their website channel is now 19 days old. That is a channel of their choice, they acknowledged the complaint and since ignored it. They have a duty to contact me at reasonable times, and I have been available.

Every day they fail to respond, their case, should this go to court, weakens further. The ball is in their court, I have informed them that I consider the contract to be in rescission. So I can justify waiting as long as I like until they challenge that. I don't mind if it takes six years...

It's you lot that think I should be sorting this out, but I have done everything I can and more. It is the lender that is failing to act.

Janie4Now

Me thinketh the OP doth protesteth too much!

If it was MY credit file that was getting trashed, I'd be moving heaven and earth to fix it. No point in saying it is the Lender's fault.....it's not their credit file.

DCFC79

Janie4Now wrote: »

Me thinketh the OP doth protesteth too much!

If it was MY credit file that was getting trashed, I'd be moving heaven and earth to fix it. No point in saying it is the Lender's fault.....it's not their credit file.

Thats the way id look on it as well especially when your credit file is being trashed.

Conrad2

If they don't put it right, they leave themselves open to claims for damages. It is them that should move heaven and earth not you. They should pay for their errors just as they make us do.

Do you really have the consumers best interest at heart?

simon_the_poet

Hi
I think, as others have pointed out you may have made a mountain out of a molehill.
If they sent a notice in error you should have just kept to your side of the agreement and advised them by recorded mail of their error, your main worry would be that they would record a default on you credit file, the rest of their notices are just waste paper.

You now risk them sending you another default notice and this one would be legitimate.

Sometimes people make the mistake in thinking that creditors have some kind of personal agenda they don't, you are just an account number, if you do not make contact you will just get grinded in the machinery.

Simon

Lou67

Conrad2 wrote: »

I take your point. But I wouldn't call what the lender has done to me, without response, a little error.

Maybe so, but even so, I doubt very much that the whole loan would be written off because of an error. They will want their money

Conrad2

simon_the_poet wrote: »

Hi
I think, as others have pointed out you may have made a mountain out of a molehill.
If they sent a notice in error you should have just kept to your side of the agreement and advised them by recorded mail of their error, your main worry would be that they would record a default on you credit file, the rest of their notices are just waste paper.

You now risk them sending you another default notice and this one would be legitimate.

Sometimes people make the mistake in thinking that creditors have some kind of personal agenda they don't, you are just an account number, if you do not make contact you will just get grinded in the machinery.

Simon

Simon, how can they declare me to have defaulted when they have terminated the agreement at a time when no default had taken place? I'm sorry, but that would get them into all heaps of ethical problems and would probably leave them open to massive damages should they act so unlawfully.

The CCA74 ensures that you are not just a number, and one of the reasons I am arguing the toss here is so that people don't believe some of the misguided and very incorrect advice that is being given. Yet, if you challenge it, you get the forum and his dog on your back attacking you with bad information.

Lou67

Conrad2 wrote: »

Simon, how can they declare me to have defaulted when they have terminated the agreement at a time when no default had taken place? I'm sorry, but that would get them into all heaps of ethical problems and would probably leave them open to massive damages should they act so unlawfully.

The CCA74 ensures that you are not just a number, and one of the reasons I am arguing the toss here is so that people don't believe some of the misguided and very incorrect advice that is being given. Yet, if you challenge it, you get the forum and his dog on your back attacking you with bad information.

I think people are just advising based on what they know and based on their own experience Conrad. Many people here aren't trying to be mean or nasty and most are trying to help. Maybe you should seek legal and professional advice, starting with a solicitor. Many of them do free consultations for the first visit. I genuinely doubt though, that the lender will write off the loan, no matter what they did - or didn't do...