David v Goliath

coochicoo

Posted this on another forum here in MSE was told here would be better

A very interesting situation has arisen.

My son left the Army in 2007 and as he wanted to re-train could not afford the loans he taken out whilst in the army.

We went through the process of doing a Payplan income/expenditure on both loans, both accepted them (to be reviewed every 6 months)

One is running fine and dandy and hopefully more money will be offered.

The other is completely different, a major high street bank.

Despite sending 3 (yes three) sets of documents (all the same) back to them they still have not set the direct debit up to collect the regular payments.

He is now recieving many calls from them threatening him with more charges. Now this is getting to him and his pregnant partner (he maybe be able to put up with some terrorist shooting at him but this is different).

Enough is enough I said so off we go.

He is now issuing proceedings against them for harassment and going for the jugular.

A case of David v Goliath and no doubt people will think its a waste of time but heh who cares.

Watch this space

bank_of_slate

Hi cooch,
keep us posted as to his progress! How is he doing with the re-training and being a 'civvi' again?
...Linda xx

coochicoo

bank_of_slate wrote: »

Hi cooch,
keep us posted as to his progress! How is he doing with the re-training and being a 'civvi' again?
...Linda xx

He has just past his exams to become a Corgi registered heating engineer. All paid for out his own money, no grants no nowt...

Self employed or employed, the next big decision.

Cheers

Paul

bank_of_slate

Great, he can sort out our boiler then!
Get him to check out the local business link, they have lots of advice for anyone wanting to set up in business.
...Linda xx

kel123_2

sorry i'm a little confussed

Is he going through payplan or is he doing it himself? Whats the DD for?

coochicoo

kel123 wrote: »

sorry i'm a little confussed

Is he going through payplan or is he doing it himself? Whats the DD for?

Payplan offered the advise on what route to follow which we did with the 2 creditors.

One creditor set the plan up immediately, that is by standing order, the other was setting everything up for him to pay by direct debit. They have had the documents on 3 occasions by recorded delivery yet have still managed to loose them, yet they still bombard him with calls.

coochicoo

bank_of_slate wrote: »

Great, he can sort out our boiler then!
Get him to check out the local business link, they have lots of advice for anyone wanting to set up in business.
...Linda xx

He was in Bradford this morning :rotfl:

kel123_2

1. never set payments up by direct debit always standing order
2. he will get calls they have some rights
3. has he sent any money at all i.e what hes offered
4. they will keep phoning for a while
5. is it the bank or a dca
6. if it is the bank it will probable be put out to their inhouse dca anad then an agreement can be reached
7. they will harass for the money and threaten (not directly) tho take him to court/bailiffs/visits
8. check out some of the other threads to get a feel

kel

coochicoo

kel123 wrote: »

1. never set payments up by direct debit always standing order
2. he will get calls they have some rights
3. has he sent any money at all i.e what hes offered
4. they will keep phoning for a while
5. is it the bank or a dca
6. if it is the bank it will probable be put out to their inhouse dca anad then an agreement can be reached
7. they will harass for the money and threaten (not directly) tho take him to court/bailiffs/visits
8. check out some of the other threads to get a feel

kel

Thanks Kel

1 There wasn't an option other than to pay by DD
2 He would expect calls if he was doing something wrong, he is not
3 He offered to pay but they want the DD in place
4 They can phone but will only add to the fire and he will record the calls for evidence
5 A bank
6 The agreement was reached last October
7 They can but see 4
8 Will do

I have worked as a credit manager since 1989 so know how the work and wouldn't expect anything else if he was in the wrong, however if they don't put into action the DD's and collect the money then they are in the wrong in harassing him.

Cheers

Paul

CCCS_Matthew

Hi there,

If he is wanting to make a regular payment to them, I would suggest a Standing Order. All he would need to set it up is the Sort Code and Account Number of the bank in question (usually on the reverse of his statements). That way your Son would set the amount with his current bank, and the payment would get sent automatically to the creditor whether they want to accept it or not.

I would strongly advise against a Direct Debit, as there is no guarantee that once it's up and running that the creditor won't simply change the amount which will end up causing further problems. With a Standing Order, there is no threat of this happening.

Hope this helps
CCCS

dancingfairy

What a nightmare. Personally I think if you are trying to GIVE them money and they are harassing you and it is down to their own incompetence then taking them to court seems a sensible option. I can't believe they have lost the paperwork 3 times- that's ridiculous. Have you got proof of posting or anything like that to back up what you are saying? Also would keep a copy of any letters you have as well. Don't forget to charge them for inconvience, hassle and considerable stress with a pregnant partner.
P.S I am not all for people taking people to court but if you are admitting you owe and are trying to pay up and are being hassled due to their incompetence after sending paperwork 3 times then court action is fair.