Do They Mean Me? Diary

[SA Gold]

Re: Do They Mean Me? Diary

The best one came before I found you here. Personal loan for £13,500 - unenforceable due to a 'misfiled' agreement.

Result!

[DoTheyMeanMe]

Re: Do They Mean Me? Diary

Type of account: Credit Card
Date commenced:2002
Approx balance: £1400
Date last paid: 2006
Are you on arrangement: Was paying £8 pm now paying FA from Feb 2013
Status: Default (2006) - gone from CRA files
Account owner: Tesco Bank (RBS)

Again, this is for the same friend as my other posts.

21-05-12 Sent F&F offer of £350.
11-06-12 Received letter refusing £350 in F&F.
27-09-12 Sent CCA request. 02-10-12.
01-10-12 SAR sent to RBS
17-10-12 Copy of microfiche 'agreement' received.
24-01-13 Niddy says agreement is as it lacks PTs
01-02-13 Stopped making payments - that'll make em wish they had accepted the F&F offer.
Still nothing from them in response to the SAR of 4 months ago.

Time to show a bit of bottle.....
Stopped payments and starting the long journey to SB or a very low F&F at some point. The £8 saved should pay for a weekend away about the same time as the debt is SB. Roll on 2019.

Can anyone confirm that a SAR sent to RBS will also cover their partners in crime Tesco?

[DoTheyMeanMe]

Re: Do They Mean Me? Diary

Type of account: Credit Card
Date commenced:1998
Approx balance: £5100
Date last paid: Ongoing
Are you on arrangement: Paying £22 pm by arrangement - but not for much longer.
Status: Default (2006) so not on CRA files.
Account owner: NatWest

21-05-2012 F&F offer letter sent offering £1300.
29-05-2012 Refusal of F&F offer, but they will accept £4148.66.
27-09-2012 s.78 Consumer Credit Agreement request letter sent.
02-10-12. PPI claim sent.
02-10-12. SAR sent.
13-10-12 Letter dated 08-10-12 confirming PPI claim received
13-11-12 PPI claim refused
30-11-12 PPI claim referred to FOS
23-10-12 Letter sent as follow-up to not receiving the CCA
30-10-12 Reconstituted CCA arrived (letter dated 17-10-12)
14-01-13 (Received 22-01-03) Letter saying payment arrangement is due for review.
Niddy says the CCA is as it lacks prescribed terms.
Still nothing back on the SAR of 4 months ago.

I could do with a bit of advice on this one please.

The obvious thing to do here is to stop paying and start the SB clock,
but...
There is a PPI claim with the FOS who are estimating 12 months for a decision. It it is upheld the payment is likely to be pretty big as it goes back to 1998.

My understanding is that whilst a payment plan is being maintained, any PPI refund goes directly to the claimant rather than the creditor and I certainly don't want it to be paid to an unenforceable debt.

If this is right I propose to drop the payment to a token £1 a month. If it isn't I will stop payments altogether.

Does anyone know the 'rules' or have any experience of this situation, please?

General advice or opinions also welcome, of course.

[ken100464]

Re: Do They Mean Me? Diary

Think you will find if the debt is with the original hoodlums then they have the right to pay the PPI into the account to clear your arrears. Any spare comes to you.

It only gets interesting when they have decided they want nothing more of our relationship and dump us. It has to be assigned in full and none of this just collecting on behalf of the OC

Mainly the lot comes to you but I have seen odd occasions where they try and pay it to the 3rd party just because they think its funny.

It happens but not so often and have then seen the little guy getting it back eventually. Just they get jerked around in the process.

[DoTheyMeanMe]

Re: Do They Mean Me? Diary

Thanks for that Ken.

That was always my thinking but last year my friend got £9,000+ in PPI reclaim sent directly to her even though the loan in question was defaulted and on a £10 per month payment agreement.

[ken100464]

Re: Do They Mean Me? Diary

That is always possible if they choose not to set off.

Think your friend was lucky as opposed to what is normally seen.

Many use set off to claw back what they say is owed.

There is never any rymne nor reason to any of it.

Think if they set off and own the account you would be hard pressed to argue they shouldnt.

[DoTheyMeanMe]

Re: Do They Mean Me? Diary

That is always possible if they choose not to set off.

Think your friend was lucky as opposed to what is normally seen.

Many use set off to claw back what they say is owed.

There is never any rymne nor reason to any of it.

Think if they set off and own the account you would be hard pressed to argue they shouldnt.

Quite agree mate. There would be no argument at all, I suppose.

Having said that, it would automatically make the default notice wrong I suppose, but that is splitting hairs.

[ken100464]

Re: Do They Mean Me? Diary

That is an interesting point and one that affects my OH.

Something I havnt gone into really as yet but it does beg the question if the PPI refund puts a defaulted account back into credit then the default cant have been right? Put aside if the amount is right ot wrong.

And if it wasnt right it shouldnt be there. (Thats just my opinion at the moment)

It is something I could be looking into if FOS award in our favour.

[DoTheyMeanMe]

Re: Do They Mean Me? Diary

So, thinking on from there ... speculatively .... if the DN is wrong then the termination notice must also be wrong. I seem to recall (from the depths of my memory) that an incorrect termination of an account leaves only the accrued interest recoverable by the creditor and brings the agreement to an abrupt end, effectively writing off all other payments due.

Probably way down the wrong track here or grasping at straws. That's the trouble with brainstorming on two double vodkas.

Might be worth a bit of research I guess.

[The Tech Clerk]

Re: Do They Mean Me? Diary

as in O.Hs case PPI refund more than wiped out arrears, yet 5-6 days later they put up notice to sell the debt (sort of), then about 5 days later issued a default notice, during which time put the account to sold 5 days thereabouts of service of a default notice showing the original arrears, then sold off during default period.

[DoTheyMeanMe]

Re: Do They Mean Me? Diary

as in O.Hs case PPI refund more than wiped out arrears, yet 5-6 days later they put up notice to sell the debt (sort of), then about 5 days later issued a default notice, during which time put the account to sold 5 days thereabouts of service of a default notice showing the original arrears, then sold off during default period.

FFS, unbelievable. A DN when the account wasn't in default? That must have taken a bit of sorting out.

[The Tech Clerk]

Re: Do They Mean Me? Diary

still in the throws with N1 issued to O.H. and we await the docs that they are going to rely on, including CCA1974 copies again, as we hold a CCA 1974 from MBNA after a 7 month wait which is suspect seeing they eventually replied to CCA request some months later stating they are going to contact originator ( since found out they were the backers who supplied credit card for another company, must of took them 7 odd months to practice as siggy? The account in question had been doing the rounds once others realised that they may have a problem except A.K. who are the ones behind the N1

[ken100464]

Re: Do They Mean Me? Diary

So, thinking on from there ... speculatively .... if the DN is wrong then the termination notice must also be wrong. I seem to recall (from the depths of my memory) that an incorrect termination of an account leaves only the accrued interest recoverable by the creditor and brings the agreement to an abrupt end, effectively writing off all other payments due.

Probably way down the wrong track here or grasping at straws. That's the trouble with brainstorming on two double vodkas.

Might be worth a bit of research I guess.

Suspect its not something alot of people have looked at. Probably most are erstwhile debtors who once they realise they aint getting the whole lot are just happy to get out of debt.

Or perhaps this is why some get the full amount when they could set off like your friend. By setting off perhaps they could have left themselves wide open to have been doing someit very wrong.

Who knows.

[DoTheyMeanMe]

Re: Do They Mean Me? Diary

What a world of shit. It is just as well for us that they do make cock-ups.

Be interesting to see if the new CCA is the same as the one previously sent.

I had missed all this, is it in your diary?

[The Tech Clerk]

Re: Do They Mean Me? Diary

What a world of shit. It is just as well for us that they do make cock-ups.

Be interesting to see if the new CCA is the same as the one previously sent.

I had missed all this, is it in your diary?

yes but too clear.

except the CCA looks like reconstructions as I realised filing in order by date that a copy of the MBNA one was blurry