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New here - please help :-(

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  • RAS
    RAS Posts: 36,099 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    [INSERT NAME, ADDRESS AND TELEPHONE NUMBER]
    [INSERT DATE]


    [INSERT NAME AND ADDRESS OF DCA]


    Dear Sir or Madam,
    Re. Account number: [INSERT ACCOUNT NUMBER]

    I am writing to request a fully comprehensive list of all the default charges added to this account over the last six years.

    Please find enclosed a cheque for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law.


    If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

    I look forward to your response within 40 days, as
    [INSERT NAME OF BANK] is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

    Yours faithfully,

    [YOUR SIGNATURE]

    [YOUR NAME (PRINTED)]


    If you've have not made a mistake, you've made nothing
  • Frith
    Frith Posts: 8,822 Forumite
    Part of the Furniture 1,000 Posts Mortgage-free Glee! Name Dropper
    Can send that RAS, but I'm worried it will be too late to catch all the charges put on when the a/c was first taken over by MCS.

    It went from HSBC to MCS on 8th May 2001. Could I ask for my statements back to that date, on the off chance that they will provide them?

    Thanks,
    L
  • RAS
    RAS Posts: 36,099 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ACEY wrote: »
    Not getting Housing Benefit as I was sacked (for having a breakdown, but that's a whole other kettle of fish).

    Have you taken advice from someone at CAB on this? I appreciate that it is possible to get the sack for being sick, but I thought that restrictions on benefit only applied if the employee was obstructive or misbehaved.

    Did you have a sick note?
    If you've have not made a mistake, you've made nothing
  • RAS
    RAS Posts: 36,099 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ACEY

    What was the value of the loan for which you put up the CCA

    What was the value of the credit protection insurance loan?
    If you've have not made a mistake, you've made nothing
  • RAS
    RAS Posts: 36,099 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ok
    This is my basic thinking. I would appreciate some comments from those who know their stuff please.

    Dear CEO of HSBC

    Complaint re loan.

    In (month) 2000, at a time when OH was not working and I was on maternity leave, our OD was £2000. We were invited to attend the branch and asked to take out a loan to cover this and ..., with credit protection insurance, with repayments totalling £150 per month.

    In November 2000, this loan was increased to value and the credit loan protection was increased so that the debt was £10,170.06 at a cost of £260.93 per month including
    Personal loan - £4930 plus extra loan of 1600 = £6530
    plus MLA - £2650, MBA - £950, Charges - £27.50 and Int - £12.12

    By May 2001 the loan, the loan repayment was £11,875 and the account was closed and refered to "Debt collection", for which £1,414.98 was added to the account.

    However when the account with Mercentile Credit Services was opened the value of the loan was £18,000.

    In the period to (month) 2004, I paid MCS 100-150 pounds per month. At that stage I had to remove myself and the children to a women's refuge and was unable to pay

    In January 2005 I returned to the house but ex hired a van and emptied the house, which made it diificult to find any money to pay the loan but I agreed to a £30 per month payment. As a result of a breakdown in (month) 2006, I lost my job and was unable to make that payment.

    The divorce settlement means that I am now liable for the debt but I had to take an additional mortgage to pay the solicitor's fees and consequently cannot afford £30 per month.

    The remaining debt stands at £9,900 despite the fact that I have paid £8,000 since the loan was first taken out.

    I am asking you to review this account and to reduce or remove the debt on the following grounds

    1. Under OFT guidelines, people who are in debt should not be offered loans which increase their indebtedness.

    2. Credit loan protection was included to cover OH despite the fact that he rarely worked. I was employed but CLI was not offered to cover my employment. This increased the indebtness and affected the capacity of the payments that were matde to reduce the total owed.

    3. During the last 6 years, charges totaling (value to be determined from SAR) were added to the account.

    4. It is unclear from the information available what the charges for MBA refer and how the sum increased from £13,200 (including charges for debt collection and Credit loan insurance) became £18,000 when the loan was transfered to MCS.
    If you've have not made a mistake, you've made nothing
  • RAS
    RAS Posts: 36,099 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ACEY

    Please can you edit the post above and correct any facts that are incorrect.

    This needs beefing up re the OFT rules.

    Also, have you got the CAB appointment set?
    If you've have not made a mistake, you've made nothing
  • RAS
    RAS Posts: 36,099 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ACEY wrote: »
    Sorry, more answers!

    to cover my legal fees, I had to remortgage so 10,000 is interest and repayment.


    Liz
    Liz, can i check, were you working when you took out the second mortgage?

    Or is this a secure loan? was it entirely to fees or did it cover additional debts?

    I would have thought you were entitled to legal AId, but if you wre working perhaps you did not qualify?
    If you've have not made a mistake, you've made nothing
  • Frith
    Frith Posts: 8,822 Forumite
    Part of the Furniture 1,000 Posts Mortgage-free Glee! Name Dropper
    I was working when I took out the 2nd mortgage although aware that my mental state was deteriorating fast and I would not be at work much longer.

    It will not even fund all the legal fees. Yes, the whole 10,000 will go to my solicitor. :-(
    Legal Aid was a !!!! up all through - at first I didn't get it and my fees escalated. Then it was recalculated and I paid so much a month (can't actually remember how much! Think £40).

    Bit difficult to see CAB just at the moment as the boys are here, dad is looking after Grandma (90) and my usual helpers are stranded on the wrong side of the river Severn!!

    I like the look of the letter.
    L
  • Frith
    Frith Posts: 8,822 Forumite
    Part of the Furniture 1,000 Posts Mortgage-free Glee! Name Dropper
    I'm going through the statements again :-(

    These are for the current a/c with HSBC.

    27th Nov 2000 we were £950.73 overdrawn.
    The statement then says:
    27.11 Loan capital from (other a/c number) £12,170.00. (This is a credit)
    27.11 Loan protection £2,000.65 (this is a debit)

    so we then had £9,139.08

    29th November 2000
    Loan repayment to other a/c (not the same number as the loan a/c???????) £4,985.49 debit
    29.11 Loan a/c £2,671.35 (does not state the a/c number) debit
    29.11 Loan premium refund £467.93 credit

    Then I can see we paid £260.62 2nd Jan 2001, and £260.93 on 31st Jan 2001 towards the loan.

    Then, there are no credits at all except my last maternity paycheque on 23rd Jan 2001 which was £355.36. So we were going overdrawn once more with charges building up.

    3rd May 2001 we were £1,414.98 overdrawn.
    4.5.2001 Loan repayment (to the a/c) £11,875.10

    This made us £13,290.08 overdrawn :-( :-(

    8.5.2001 debt collection (credit) £11,875.10
    8.5.2001 debt collection (credit) £1,414.98 left the a/c at 0.00 and it was then closed.
  • Frith
    Frith Posts: 8,822 Forumite
    Part of the Furniture 1,000 Posts Mortgage-free Glee! Name Dropper
    Dear CEO of HSBC

    Complaint re loan.

    On - - - , at a time when OH was not working and I was on maternity leave, our OD was £- - -. We were invited to attend the branch and asked to take out a loan to cover this and ..., with credit protection insurance, with repayments totalling £- - - per month.

    SADLY, THIS IS THE INFORMATION I JUST DON'T HAVE AS MY STATEMENTS DO NOT GO BACK THIS FAR.

    In November 2000, this loan was increased to value and the credit loan protection was increased so that the debt was £10,170.06 at a cost of £260.93 per month including
    Personal loan - £4930 plus extra loan of 1600 = £6530
    plus MLA - £2650, MBA - £950, Charges - £27.50 and Int - £12.12

    By May 2001 the loan, the loan repayment was £11,875 and the account was closed and refered to "Debt collection", for which £1,414.98 was added to the account.

    However when the account with Mercentile Credit Services X Metropolitan Collection Services was opened the value of the loan was £18,000.

    In the period to December 2004, I paid MCS 100-150 pounds per month. In January 2005 I had to remove myself and the children to a women's refuge but continued to meet payments for some months.

    Just checking my other a.c, £100 on 25th May 2006, £100 26th June 2006, £100 25th July, £100 25th August 2006, £100 25th September, £100 25th October 2006
    November 2006 £33.92 (asked for it to be reduced)
    December same and Jan 2007 and Feb 2007

    N.B Now the fun starts! MCS phoned DOZENS of times trying to make me put payments up but I said no, so they started taking TWO payments each month.
    So we have Feb 26th £33.92 to "HSBC" and Feb 28th £21 to "MCS"
    and March 26th to HSBC and March 28th to MCS
    and April 26th to HSBC and 28th to MCS.....
    at this point I cancelled both standing orders and have not paid anything since.

    In late Jan 2005 I returned to the house but ex hired a van and emptied the house, which made it diificult to find any money to pay the loan but I X carried on paying £100 per month.

    As a result of a breakdown in July 2006, I lost my job and carried on paying £100 per month until November 2006 when it became impossible to meet that figure. I then paid £33.92 (except you crafty beggars started taking 2 payments out!!!!)

    The divorce settlement means that I am now liable for the debt but I had to take an additional mortgage to pay the solicitor's fees and consequently cannot afford £33 per month.

    The remaining debt stands at £9,900 despite the fact that I have paid £8,000 since the loan was first taken out.

    I am asking you to review this account and to reduce or remove the debt on the following grounds

    1. Under OFT guidelines, people who are in debt should not be offered loans which increase their indebtedness.

    2. Credit loan protection was included to cover OH despite the fact that he rarely worked. I was employed but CLI was not offered to cover my employment. This increased the indebtness and affected the capacity of the payments that were matde to reduce the total owed.

    3. During the last 6 years, charges totaling (value to be determined from SAR) were added to the account.

    4. It is unclear from the information available what the charges for MBA refer and how the sum increased from £13,200 (including charges for debt collection and Credit loan insurance) became £18,000 when the loan was transfered to MCS.
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