Tweet
Little Brother V A&L
Did a quick background introduction in the debt forum, so just to carry on.
Sent a full SAR to A&L on 21st June and received details back from them, was hoping to reduce amount owing but it turns out that there are not many charges applied as it appears my brother was ok before his wife left.
Can only find 2 x £25 charges on the statements.
What concerns me more is these are the ones threatening to get a Charging Order on his house which is currently for sale, the amount borrowed was £20K.
He entered into a Payplan agreement with them but has had to reduce the amount each month as his business suffered stebacks too, and in the "Diary Entry" they sent with everything else there is an extract which states
" Payment in October less then in previous months, need to speak to Mr(brother) or payplan regarding this. Monitor for future payments.
Arrangement reset for £102.39 for 6 months with effect from December.
Land registration check requested *Positive*.
Leter issued reference lleg01.
Email offer of £55.74 received, customer reference ****** customer is home owner.
Details of account referred to supervisor as lleg01 issued.
Referred account for fast track legal.
Mr(Brother) telephoned office,dpad. Mr(Brother) not happy with letter received as dealing with payplan(this is the first letter of intention to gain Charging Order), Advised Mr(brother) we reserve the right to continue legal action and we need a minimum of £330 per month to stop the application for a Charging Order on the property. Mr(Brother) advised he cannot increase the payment. Mr(brother) was advised account would be passed to our legal team, also explained the implications of a charge on the property,advised he would be contacted again".
Have'nt got a clue about the detail in bold above, must be their in house codes?
Next he had a letter off Shoosmiths, acting for A&L which was quite stroppy and threatening especially for a first letter so I sent them this reply followed by the SAR to A&L with a copy enclosed
Shoosmiths
The Lakes
Northhampton
NN4 7SH
18/06/07
Your Ref. *******************
Dear Sir/Madam
It is with surprise and bewilderment that I have received your correspondence dated 11th June 2007, as your client, Alliance and Leicester have entered into an agreement via Payplan, and have done so since April 06.
I believe your client is applying undue pressure against OFT guidelines as indicated below.
Debt collection guidance
Final guidance on unfair business practices
July 2003 (updated December 2006)
2.5 Putting pressure on debtors or third parties is considered to be oppressive.
f. pressurising debtors to pay in full, in unreasonably large instalments,
or to increase payments when they are unable to do so
I have endeavoured to address my situation which was caused by my now, ex-wife, leaving myself and our children with all of our current debts.
It is this reason I entered into Payplan and all of my other creditors have accepted payments put forward and paid monthly without fail via Payplan.
I realise it is your clients right to pursue repayment through the Court system, but I believe the Courts would consider your clients handling to be unreasonable in trying to gain an unfair advantage above my other creditors.
I look forward to your early reply regarding this matter
It appears that Shoosmiths have agreed to defer further action for 1 Month which is entered in the Diary section so might have done the trick for now or p****d them off even more, dont know only time will tell, the problem now is where do I go from here with regards to the Charging Order anyone with any ideas.
Sent a full SAR to A&L on 21st June and received details back from them, was hoping to reduce amount owing but it turns out that there are not many charges applied as it appears my brother was ok before his wife left.
Can only find 2 x £25 charges on the statements.
What concerns me more is these are the ones threatening to get a Charging Order on his house which is currently for sale, the amount borrowed was £20K.
He entered into a Payplan agreement with them but has had to reduce the amount each month as his business suffered stebacks too, and in the "Diary Entry" they sent with everything else there is an extract which states
" Payment in October less then in previous months, need to speak to Mr(brother) or payplan regarding this. Monitor for future payments.
Arrangement reset for £102.39 for 6 months with effect from December.
Land registration check requested *Positive*.
Leter issued reference lleg01.
Email offer of £55.74 received, customer reference ****** customer is home owner.
Details of account referred to supervisor as lleg01 issued.
Referred account for fast track legal.
Mr(Brother) telephoned office,dpad. Mr(Brother) not happy with letter received as dealing with payplan(this is the first letter of intention to gain Charging Order), Advised Mr(brother) we reserve the right to continue legal action and we need a minimum of £330 per month to stop the application for a Charging Order on the property. Mr(Brother) advised he cannot increase the payment. Mr(brother) was advised account would be passed to our legal team, also explained the implications of a charge on the property,advised he would be contacted again".
Have'nt got a clue about the detail in bold above, must be their in house codes?
Next he had a letter off Shoosmiths, acting for A&L which was quite stroppy and threatening especially for a first letter so I sent them this reply followed by the SAR to A&L with a copy enclosed
Shoosmiths
The Lakes
Northhampton
NN4 7SH
18/06/07
Your Ref. *******************
Dear Sir/Madam
It is with surprise and bewilderment that I have received your correspondence dated 11th June 2007, as your client, Alliance and Leicester have entered into an agreement via Payplan, and have done so since April 06.
I believe your client is applying undue pressure against OFT guidelines as indicated below.
Debt collection guidance
Final guidance on unfair business practices
July 2003 (updated December 2006)
2.5 Putting pressure on debtors or third parties is considered to be oppressive.
f. pressurising debtors to pay in full, in unreasonably large instalments,
or to increase payments when they are unable to do so
I have endeavoured to address my situation which was caused by my now, ex-wife, leaving myself and our children with all of our current debts.
It is this reason I entered into Payplan and all of my other creditors have accepted payments put forward and paid monthly without fail via Payplan.
I realise it is your clients right to pursue repayment through the Court system, but I believe the Courts would consider your clients handling to be unreasonable in trying to gain an unfair advantage above my other creditors.
I look forward to your early reply regarding this matter
It appears that Shoosmiths have agreed to defer further action for 1 Month which is entered in the Diary section so might have done the trick for now or p****d them off even more, dont know only time will tell, the problem now is where do I go from here with regards to the Charging Order anyone with any ideas.
Comment