GDPR Cookie Consent by SimpleServe Privacy Script Repayment plan for Loan and O/D only reducing Loan - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

Repayment plan for Loan and O/D only reducing Loan

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Repayment plan for Loan and O/D only reducing Loan

    Can someone perhaps help me out here?

    My wife and I had a current account, with a £500 overdraft, and £20k unsecured personal loan with RBS. My wife lost her job in 2008 and we experienced financial difficulties as a consequence.

    By the middle of 2009 we had missed a few payments on the loan and hadn't ever managed to catch up and RBS put the account to a solicitor. They also hit us for various fees/penalties relative to our current account for unpaid direct debits and going over the agreed overdraft. These amounted to £1000.

    All in, by mid 2009, we owed RBS about £13k (£1.5k from the overdraft and "fees/penalties" on the current account) on both accounts and the solicitor hit us for demand for repayments of both amounts of monies. I have a letter to that effect.

    The Solicitor threatened to initiated court action and in order to prevent this we came to a repayment arrangement with them, which we have kept to.

    Very recently I found out that while CRA's (equifax etc) are showing that the loan is being repaid, no monies are being attributed to the current account and that in fact the "debt" on that has increased by nearly £1500 in the past three and a half years.

    I called RBS today and they claims that the increasing amount is as a result of solicitors fees (Why? I'm not their client. RBS is). They couldn't explain why none of our repayments under the repayment arrangement's have been attributed to the current account (if the initial payments had been allocated to the current account they would have cleared it with 6 months) and said that I will need to raise a dispute with the solicitor. I note that we appear to be paying separate monthly solicitors' fees on the loan account too.

    Can someone tell me what my best approach is here?

    Who do i raise the dispute with?

    Am I liable for the solicitors' fees, and if so why two lots of fees, when it was one demand for money and one repayment arrangement?

    Are they allowed to take payment from me and and not pay it down equally over both accounts, while charging fees to the account that they are not paying down, thus ensuring that they make more on it?

    Oh and RBS right, that i need to raise the matter with the solicitor, not them.

    RBS still own the debt.

    TIA
    Last edited by allthatglitters; 7 February 2013, 20:05.

  • #2
    Re: Repayment plan for Loan and O/D only reducing Loan

    Hi allthatglitters,
    Dear me, this lot have really taken you for a ride haven't they? What a set of barstewards!

    RBS are ultimately responsible for the actions of their agents.
    If it was me, I'd first off send a Subject Access Request to both RBS and the Solicitors. (Can you tell us who they are?) to get everything they hold on you preparatory to making a formal complaint. You want full details including a detailed breakdown of payments and charges.
    Please don't do anything else on the phone, keep everything in writing from hereonin.
    I would also send them a CCA request for the loan. What year was it taken out?
    What monthly payments have you been making? Do you know how much you've paid in total?
    See what others say too, but it's time you took control and sorted this crew out.

    Elsa x
    Last edited by Undercover Elsa; 8 February 2013, 06:38.

    Comment


    • #3
      Re: Repayment plan for Loan and O/D only reducing Loan

      And send the OD cca as well.

      Can a mod please link the following templates here:

      1. Advanced SAR
      (This needs to go to RBS & Solicitor)

      2. CCA Request
      (This needs to go to RBS)

      3. CCA Request for Overdrafts
      (This needs to go to RBS)

      Send letters 1, 2 & 3 to RBS in one envelope with two payments; 1 for £10 (SAR) & 1 for £1 (CCA).

      Send letter 1 to solicitor with £10 payment.

      ** DO NOT SIGN USING REAL SIGNATURE **
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

      Comment


      • #4
        Re: Repayment plan for Loan and O/D only reducing Loan

        Originally posted by Never-In-Doubt View Post
        And send the OD cca as well.

        Can a mod please link the following templates here:

        1. Advanced SAR
        (This needs to go to RBS & Solicitor)------>Subject Access (SAR) - Advanced Request

        2. CCA Request
        (This needs to go to RBS)-----> CCA Request

        3. CCA Request for Overdrafts
        (This needs to go to RBS)
        ---> Overdrafts - CCA Information - allaboutFORUMS

        Send letters 1, 2 & 3 to RBS in one envelope with two payments; 1 for £10 (SAR) & 1 for £1 (CCA).

        Send letter 1 to solicitor with £10 payment.

        ** DO NOT SIGN USING REAL SIGNATURE **
        See links above
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • #5
          Re: Repayment plan for Loan and O/D only reducing Loan

          Beat me to it LOL..I was just seeing hubby off to work like a good wifey

          Comment


          • #6
            Re: Repayment plan for Loan and O/D only reducing Loan

            Thanks for the advice.

            I'll get the letters off to them ASAP.

            Comment


            • #7
              Re: Repayment plan for Loan and O/D only reducing Loan

              RBS have now provided a copy of a CCA.

              RBS refused SAR request until I provide a signed letter of request .

              Solcitor refused SAR request until I provided copy of photo ID - such as passport.

              Comment


              • #8
                Re: Repayment plan for Loan and O/D only reducing Loan

                Originally posted by allthatglitters View Post
                RBS have now provided a copy of a CCA.

                RBS refused SAR request until I provide a signed letter of request .

                Solcitor refused SAR request until I provided copy of photo ID - such as passport.
                Anyone know what the position is regarding this?

                Do i need to provide a signature and do i need to provide a copy of my passport to satisfy a SAR request?

                Comment


                • #9
                  Re: Repayment plan for Loan and O/D only reducing Loan

                  Originally posted by allthatglitters View Post
                  Anyone know what the position is regarding this?

                  Do i need to provide a signature and do i need to provide a copy of my passport to satisfy a SAR request?
                  hiya,
                  Did you send the CCA to Niddy for checking?
                  No, you don't need to provide a signature mate. The template letter is here.
                  When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.



                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • #10
                    Re: Repayment plan for Loan and O/D only reducing Loan

                    Resurecting this thread.

                    As indicated in the opening post in 2009 we came to a repayment arrangment over loan and overdraft debts with RBS of about £13k. The send the matter to solicitors and we had to deal with them not RBS direct.

                    So far we have paid back nearly £11.5K and when I recently asked for details of the amount outstanding and we have been advised that there is still over £4.5k to pay, which includes over£ 1.5k of legal fees.

                    What can i do to challenge this?

                    Comment


                    • #11
                      Re: Repayment plan for Loan and O/D only reducing Loan

                      Just bumping this in the hope that someone might be able to give me some info?

                      TIA

                      Comment


                      • #12
                        Re: Repayment plan for Loan and O/D only reducing Loan

                        Hi allthatglitters,
                        So sorry if this has been overlooked, but I think we're also waiting for some responses..

                        Did you send an unedited copy of the CCA (s) to Niddy? If not you need to do so, putting your user name in the Subject and include a link to this thread in the body: agreements@all-about-debt.co.uk

                        Which solicitor is it? Sometimes it helps to know as we know how the different ones work.

                        Did they ever send the SAR request? Or even a detailed breakdown of payments made and fees added?
                        As you have an ongoing relationship with them in that they are taking your money and corresponding with you at that address I think their request for a driving licence is excessive.
                        I've attached the latest Information Commissioners Office SAR Code of Practice for businesses. You may well have cause for complaint there.
                        Attached Files

                        Comment

                        Working...
                        X