Help with bank loan difficulties

[Sweetcheeks]

Re: Help with bank loan difficulties

Hiya FlamingParrot, thanks for your reply. I asked CCCS .NATIONAL DEBTLINE CONSUMER DIRECT and the BANK
I made the request for all docs appertaining to my loan and current accounts and it was made via Fredrickson International as they were now collecting the payments. Before I use to pay into bank branch.
Can't remember wording as it was back in 2010 but I was disputing the balance as well.
Bank sent via Fred's copies of all the statements from my current account from Oct 09 to July 09 showing all the payments I had made I think the default was sometime in 2001/2002 no copy of DN supplied.
i also got copies of loan agreements totally illegible anyway just filed them away as this was Dec 2010 and I was fighting my big C and shortly thereafter struck down again with another dose. On closer inspection of the agreements I have just noticed today they are not the ones I D/F on but for 3prior loans I had had and paid them off with no problems. The default dropped of in 2008 and went back on in March 2009 had it removed in Dec 2010/jan 2011
i know I should'nt have phoned but I was fuming.
I sent the CCA S 77-79 CCAct 1974 first to Fred's who returned it then sent it to Cabot . The bank said if I was still in dispute to send a SAR to them Have not done yet I was waiting to see what Cabot comes back with.
I know I've been a bit laxed with everything but I was naive its only now I am trying to get to grips with things do you know I think people must see me coming even my mortgage co. seems to have jumped on the band wagon because the help I got from the dss was not paid at the same time as my payment they put me in arrear's every month and I've had to pay all that back as well AHH WE'LL over ma head for now cos that's another story

[jon1965]

Re: Help with bank loan difficulties

Remember that with mortgage help they only pay the interest on the original loan (more or less) at an averaged out rate. They also pay 13 times a year against mortgage payments due 12 times

[Sweetcheeks]

Re: Help with bank loan difficulties

Hi Jon1965. Thanks for your reply. Yes I know they only pay every 4 weeks and I was paying the bulk of it myself but the point I was trying to make was I paid mine on the 1st of the month then it was done with but because the they did not receive the payment from the DSS on the same date as mine they put me in arrears and charged me daily interest which they did not inform me about until I got my year end statement in and by then it was to late

[FlamingParrot]

Re: Help with bank loan difficulties

Hiya FlamingParrot, thanks for your reply. I asked CCCS .NATIONAL DEBTLINE CONSUMER DIRECT and the BANK
I made the request for all docs appertaining to my loan and current accounts and it was made via Fredrickson International as they were now collecting the payments.

Did you send a SAR? Because SARs should always be sent to the OC (the bank) rather than the DCA who wouldn't have all that information.

Bank sent via Fred's copies of all the statements from my current account from Oct 09 to July 09 showing all the payments I had made I think the default was sometime in 2001/2002 no copy of DN supplied.

Copies of DNs are not usually supplied even when more recent, if defaulted ten years ago, highly unlikely. The issue here is that the bank set off against an O/D rather than your own money, which they had no right to do as should be a cause for complaint to the FOS as I suggested above. However, if they set off 10 years ago, it may well be too late to complain at this stage. :ohwell:

I sent the CCA S 77-79 CCAct 1974 first to Fred's who returned it then sent it to Cabot . The bank said if I was still in dispute to send a SAR to them Have not done yet I was waiting to see what Cabot comes back with.

A CCA request is very different from a SAR, it's just a request for a copy of your loan agreement, which may no longer apply if the loan has no outstanding balance after being 'paid off' when the bank offset against a current account and turned it into an O/D. A SAR should produce all statements and other documents and should be sent to the bank, not Freds or Cabot.

[FlamingParrot]

Re: Help with bank loan difficulties

Remember that with mortgage help they only pay the interest on the original loan (more or less) at an averaged out rate. They also pay 13 times a year against mortgage payments due 12 times

Support for Mortgage Interest (SMI) pays only the interest at a fixed rate, which is currently 3.63% and is capped at £200,000: https://www.gov.uk/support-for-mortg...what-youll-get

As this is a totally separate issue from the loan, I'd suggest the OP should start a new thread. :thumb:

[Sweetcheeks]

Re: Help with bank loan difficulties

Hiya FlamingParrot. Thanks for your reply.i just asked for paperwork that was available because I did not know about SAR & CCA's then and it was supplied by my bank. They transferred the loan in July 2000and I continued paying until 2001 when they set up a payment plan for me so I am assuming the DN was around 2001/2 While their is no default showing on experian and equifax NODDLE is showing the default as 8/7/09 the bank has instructed them to remove this but still there.
I contacted FOS yesterday and they said they would investigate this for me and that I should also contact the FCA and OFT
i will send of a SAR to the bank and see what they come up with
So does that mean the CCA to Cabot is no good

[Sweetcheeks]

Re: Help with bank loan difficulties

Hiya FlamingParrot. Sorry for throwing that into the works but I was just so het-up yesterday and I'm one of these people that has to do things when they are fresh in my mind or I forget. Anyway I phone Barclay's who took my mortgage over last year from Standard Life. and they were very understanding and there policy is as long as payments are receive by the last day of the month that's O.K. Which I already knew. They have agreed to look into this for me and see if they can refund my £700+ that had been charged for DSS payments not been received on time SO fingers crossed. They will let me know within 5 working days

[FlamingParrot]

Re: Help with bank loan difficulties

Hiya FlamingParrot. Thanks for your reply.i just asked for paperwork that was available because I did not know about SAR & CCA's then and it was supplied by my bank. They transferred the loan in July 2000 and I continued paying until 2001 when they set up a payment plan for me so I am assuming the DN was around 2001/2 While their is no default showing on experian and equifax NODDLE is showing the default as 8/7/09 the bank has instructed them to remove this but still there.
I contacted FOS yesterday and they said they would investigate this for me and that I should also contact the FCA and OFT

If it's default removal you're after, then it's up to the ICO.

Are you saying they offset against your current account in 2000? If so, I doubt any of the bodies you mention would consider your complaint 12 years later! :confused2:

i will send of a SAR to the bank and see what they come up with
So does that mean the CCA to Cabot is no good

If you sent a CCA request for a loan that was effectively paid off in 2000/2001, then they would have no obligation to respond at all.

[Sweetcheeks]

Re: Help with bank loan difficulties

Hiya FlamingParrot, Sorry but now I'm confused I must have been reading these statements wrong I'll tell you what it says
loan no 4 13June 2000 BALANCE £8789.66. All payments paid and up to date
16June 2000 £253.01 payment not made
21June2000debt interest £4.78 Service charge £10. Daily excess charge. £73.50
BALANCE £341.29 overdrawn
14July2009 in funds adjustment £9476.65
Balance £9817.94 overdrawn then all the other statements just show my payments going in and their charges going out this is were I made the mistake. 10 July 2009.ACCOUNT CLOSED. BALANCE NIL
but from the adjustment of 9k this was all showing on my current account

The default had ran 6years and dropped off it was re entered on 8/7/09 bank admitted this was an error
and removed it then in FEB 2013 CABOT put it back on Contacted the bank a couple of weeks ago they said would sort it out. Has been removed from 2 CRAs but NOT NODDLE they have been informed to do so and I have emailed them twice last weeks but as of today it's still showing I must apologise to you FlamingParrot for creating all this confusion but please bear with me as I'm not firing on all cylinders at present. THANK YOU

[FlamingParrot]

Re: Help with bank loan difficulties

Hiya FlamingParrot, Sorry but now I'm confused I must have been reading these statements wrong I'll tell you what it says
loan no 4 13June 2000 BALANCE £8789.66. All payments paid and up to date
16June 2000 £253.01 payment not made
21June2000debt interest £4.78 Service charge £10. Daily excess charge. £73.50
BALANCE £341.29 overdrawn
14July2009 in funds adjustment £9476.65
Balance £9817.94 overdrawn then all the other statements just show my payments going in and their charges going out this is were I made the mistake. 10 July 2009.ACCOUNT CLOSED. BALANCE NIL
but from the adjustment of 9k this was all showing on my current account

What happened between 2000 and 2009? If you defaulted in 2000, how come they only decided to set off 9 years later? :scared: :confused2:

The default had ran 6years and dropped off it was re entered on 8/7/09 bank admitted this was an error
and removed it then in FEB 2013 CABOT put it back on Contacted the bank a couple of weeks ago they said would sort it out. Has been removed from 2 CRAs but NOT NODDLE they have been informed to do so and I have emailed them twice last weeks but as of today it's still showing I must apologise to you FlamingParrot for creating all this confusion but please bear with me as I'm not firing on all cylinders at present. THANK YOU

The default is a separate issue, as it's over 10 years old, it shouldn't be there at all, if Noodle don't comply go to the ICO.

[Sweetcheeks]

Re: Help with bank loan difficulties

Hits Flaming Parrot thanks for that, I'll give noddle a few more days and see what happens
From 2000 to 2009 I was on a payment plan arranged with the banks debt recovery dept. then in 2009 I got a letter from Fredrickson saying they now owned the debt and started shouting for more and more money I said NO and contacted the bank to see what was going on cos they had never informed me of this change they said Fred's were only collecting the payments for them and to stick to my arrangement.I never missed or was late Everything fine till this year when Cabot said that they now own the debt but not a squeak from the bank

[FlamingParrot]

Re: Help with bank loan difficulties

Hits Flaming Parrot thanks for that, I'll give noddle a few more days and see what happens
From 2000 to 2009 I was on a payment plan arranged with the banks debt recovery dept. then in 2009 I got a letter from Fredrickson saying they now owned the debt and started shouting for more and more money I said NO and contacted the bank to see what was going on cos they had never informed me of this change they said Fred's were only collecting the payments for them and to stick to my arrangement.I never missed or was late Everything fine till this year when Cabot said that they now own the debt but not a squeak from the bank

At which point did the bank offset the loan against your current account and made you overdrawn? If they were going to offset, they'd have done it when you defaulted, not when the account was sold. :confused2: Presumably the letter from Freds was a Notice of Assignment, if so, what account did they quote? A loan or a current account O/D?

You won't hear a squeak from the bank if they sold the account 4 years ago. Did you get a NoA from Cabot?

[Sweetcheeks]

Re: Help with bank loan difficulties

Hiya FlamingParrot they transferred the money in July 2000and defaulted me in 2001/2
Fred's said pay on the enclosed card from this month an not in the bank.and all queries to the address or phone number I was told over the phone they had bought the account. Nothing in writing to confirm this that's why I phoned the bank to see what was going on Bank said it had not been sold
.Freds account number is nothing like my number loan and current account at bank is under one number
Freds A/no is ending 76134 mine is 25957 CABOT SAY Current account ending 55370 again nothing like my number mind you when I spoke to Cabots customer relations dept on Thursday gone she did admit that this was NOT MY ACCOUNT. the letter I got just says we now own this account continue to pay Fred's as usual. But letter from Fred's nothing to do with this account now. FILE CLOSED So what would actually be on a NoA. No the wonder I'm confussed or also when I was speaking to Cabot she said they were going to return this to the bank because it's becoming a lot of hassle

[Sweetcheeks]

Re: Help with bank loan difficulties

Hi all. Help please reply from CCA request don't understand. Says they do not have to provide credit agreement as part V of CCA in sec74 (1) (a) does not apply A notice of Assignment was sent to you on 27Feb2013 which is sufficient to justify ownership you have 14 days to settle Phone to discuss or account will be escalated
CAN SOMEONE PLEASE ADVISE

[Sweetcheeks]

Help re notice of assignment

Hi. can someone please tell me if a debt is sold who sends the NoA and should it be sent by recorded delivery. I have been informed by Cabot that it was sent on 27th Feb 13 WHICH I DID NOT RECEIVE and that's that Phone us to SETTLE within 14 days