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  • Please help with A&L loan enforceability

    Hi,
    I would be very grateful if someone could give me a little advice.
    I took a loan out with A&L in 2006 for £15,000 and kept up re-payments until change of circumstances (out of work 5 months and then took job with much lower salary).
    Initially A&L were pretty good as regards accepting reduced re-payments put have gradually demanded more despite me sending letters detailing my circumstances and offering pro-rata payments.
    A&L issued a default notice, I think Nov/Dec 2009, I have it somewhere. About this time I got in touch with A&L regarding a miss-sold PPI policy that was attached to this loan.
    A&L wrote back to me 22/12/2009 offering a refund plus interest of the PPI premiums, however they said this would be used to off-set the arrears on the loan. I wrote back to A&L to say I was unhappy with this as I think they should be separate agreements and one should not be used to off-set other. They sent me a letter back, more or less saying like it or lump it, and I didn't hear from them for over six months.
    In August 2010, A&L sent me another default notice, after which I decided to sent a CCA request to check the validity of the agreement, basically thinking if there was something wrong with the PPI that was attached to the loan there could be a problem with the credit agreement.
    After sending the CCA reminder they have sent what looks like a bona-fide photo copy. It says Fixed-Sum Loan Agreement between A&L and gives my name/address. It then says Key Financial Information and gives loan APR, amount of credit, monthly repayment amount, number of payments and total amount payable, under that gives same info about PPI and below that totals, on the back of this is my signature for both loan and PPI and a signature from A&L agent. There is a separate photo copy of term and conditions stapled to the loan agreement.
    My question. Is there anything in what I have described that might allow me to challenge the validity or enforceability of the agreement.

    Cheers, in anticipation Larkspur

  • #2
    Re: Please help with A&L loan enforceability

    Nope - it will be enforceable for several reasons, nonemoreso than the inception date (s.127 was repealed in 2007).

    Basically all reclaims are ALWAYS offset against the debt, being you've not paid the PPi out they refund it back to the debt. Had you paid the loan off, then they would send you a cheque. As you have not, the balance reduces...

    I'd suggest you reclaim the PPi + statutory interest (8% p.a) and then arrange repayment plan.

    see here for all about reclaims: ---> viewtopic.php?f=42&t=53

    see here to check a similar agreement to yours (enforceable one) ---> viewtopic.php?p=12112#p12112
    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!

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    • #3
      Re: Please help with A&L loan enforceability

      Thanks Niddy for time and effort you took in answering my query. Looks like I'll have to bang my head against the A&L brick wall or is that now Santander's Lego wall, with a repayment offer.
      One final question before I do. I remember reading somewhere that more than 1 default notice cannot be issued against a loan. Is this true, and if so, what are the potential consequences for the lender and borrower.

      Cheers

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      • #4
        Re: Please help with A&L loan enforceability

        Go to index page, scroll down and click into my defaults thread for answers! Template is also there to send.
        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

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