Who and what complaint?

[Never-In-Doubt]

Re: Who and what complaint?

Ok thanks for this. So have you been defaulted then, have you sent a SAR?

And why are you still paying a 0% loan after ten years?

[oscar]

Re: Who and what complaint?

Take them on and fight.

I had a CC with HFC who were abysmal to deal with. ANyway, I sent all the usual templates off asking for this, that and the other. Eventually, they stopped dealing with me. I then went to FOS (this was my one and only possibly quite simple mistake) - this failed as they have no powers in that field.

Then, I spoke to Niddy (who I had been speaking to anyways) - I then sort of restarted the process. Not from scratch, but near enough.

Few weeks ago I got the result of the (second) DCA taking this on - it was written off. My thread is HERE if you would like to read it.

EDIT: I should also add that this was in two and a half years (from start to finish) after originally writing to the creditor and asking for help (financial diffs)

[cymruambyth]

Re: Who and what complaint?

I haven't sent a SAR yet. Although I've been battling for several years, the fact that I have not had grief (until recently) I had just carried on paying this. I felt it was best to concentrate on the DCAs and LTSB who were and still are being 'a bit difficult'.
The 10 years started in 2004 which is why it is still being paid.

[cymruambyth]

Re: Who and what complaint?

Definitely want to report them for breach of s77.

Want to report them for failing to supply complaints procedure.

[Never-In-Doubt]

Re: Who and what complaint?

Definitely want to report them for breach of s77.

Want to report them for failing to supply complaints procedure.

Where would the s.77 breach come into effect? I would say as this was originally a card, it would be a s.78 - however this is why I suggested obtaining a SAR so that it can be easily established exactly what went on here - point is they cannot change you from a card to a loan without notifying you, think back to the M&S chargecard -> creditcard carry on a few ago, in fact Debenhams did the same IIRC

Basically i'd be sending for SAR and then taking things further, after i'd studied the content of the SAR enclosures....

SAR Template here: ---> SAR Request - Advanced Version

[Never-In-Doubt]

Re: Who and what complaint?

Want to report them for failing to supply complaints procedure.

That's just to the FOS - waste of time really, in that they won't do much about it other then to "remind them" for future reference.....

Seen it happen too many times before unfortunately! The actual complaints process will take longer than resolution of the complaint itself!

[cymruambyth]

Re: Who and what complaint?

We did agree to change from a cc to a loan. We were drowning and this was pre self help sites. The loan cut the original cc debt and gave a more manageable monthly payment. I have the original application form (unsigned) plus the certified agreement. The latter contains no signatures, no date and no cancellation box.

[Never-In-Doubt]

Re: Who and what complaint?

We did agree to change from a cc to a loan. We were drowning and this was pre self help sites. The loan cut the original cc debt and gave a more manageable monthly payment. I have the original application form (unsigned) plus the certified agreement. The latter contains no signatures, no date and no cancellation box.

Right, so where is the proof you agreed? Of course, the alternative would be that one day you came home and seem that agreement sat on the doorstep and didn't know what it was, you just made the payments - being credit naive etc

Or you could do the truth element and say that you discussed a loan, but never agreed and all of a sudden you'd noticed that it was live albeit you'd never actually confirmed they could proceed.....

Lots of ways around this really! If they just swapped a card to a loan without your agreement then this would be written off, under normal circumstances.

I am not advocating lying, just advocating getting our own back a little and if this means you playing daft by forgetting events at the time this occurred, so be it

[cymruambyth]

Re: Who and what complaint?

No, sorry want to go down the complaints and not enforceable route.

[Never-In-Doubt]

Re: Who and what complaint?

No, sorry want to go down the complaints and not enforceable route.

Ok best of luck with that. However going on what youve said so far, I'd not hold much hope for a "good" resolution. See the FOS site and read previous cases and you'll see what I mean!

I just think you're throwing away a good opportunity to clear a ten year PLUS debt.... When's it gonna end..

[oscar]

Re: Who and what complaint?

No, sorry want to go down the complaints and not enforceable route.

I wont argue with your decision, but I think you know I agree with Niddy here.

My only question would be that why do you feel you owe the bank a favour?? - ok, they cut your repayments down, but over a much longer period. I bet they didnt offer to refund any charges you had accrued in order to help you prior to doing this.

[cymruambyth]

Re: Who and what complaint?

But I have ALL their letters.

[Never-In-Doubt]

Re: Who and what complaint?

Irrespective. Their "punishment" will be light; your "damages" will be lighter and overall you'll win, granted, BUT - and here's the crux of the point - you'll feel cheated by the end result which will be, STILL owing a large debt with years left to repay albeit a few hundred less maybe....

Sorry but it's just the way it is. Their breaches are not quantifiable enough for a major "victory"; ie write off in totality.

[cymruambyth]

Re: Who and what complaint?

Then surely this course of action would be fraud and if they have kept their paperwork and our replies and decide to go to court, the position would be much worse.

[Never-In-Doubt]

Re: Who and what complaint?

Then surely this course of action would be fraud and if they have kept their paperwork and our replies and decide to go to court, the position would be much worse.

You would think so, but can you substantially "prove" fraud?

Hey, I'm behind you whatever but just hate to see banks taking the piss - it's in my blood