RBOS Loan mystery!!

[patrickq1]

was the PPI inclusive and did you as part of the terms and conditions feel you had no choice to take out the ppi...
had you tried making any claim due to illness
ok so now we need to ask how much was the ppi and what commisions did they pay out if any to anyone

[diddydicky]

to be honest i cant make head nor tail of this thread- cant really advise as i don't seem able to work out what the issues are

from what i can ascertain is that the original creditor is telling you that there is no outstanding debt and has returned your one pound fee- so i assume the debt has been sold- in which case did you receive a NOA?

what you do need to do is stop talking to people on the phone as you will be getting yourself deeper and deeper in the doo doo

everything in writing

if you would like to precis exactly where you are at and what you want it might be a little clearer

[foxyflugel]

Originally Posted by patrickq1

you didnt happen to have PPI on this loan did you

No - not to his knowledge

[foxyflugel]

Originally Posted by patrickq1

was the PPI inclusive and did you as part of the terms and conditions feel you had no choice to take out the ppi...
had you tried making any claim due to illness
ok so now we need to ask how much was the ppi and what commisions did they pay out if any to anyone

To his knowledge he never opted for PPI and definitely didn't want it. Never tried to make any claims as he never knew he had it (if he did!) if you see what I mean lol

[foxyflugel]

Originally Posted by diddydicky

to be honest i cant make head nor tail of this thread- cant really advise as i don't seem able to work out what the issues are

from what i can ascertain is that the original creditor is telling you that there is no outstanding debt and has returned your one pound fee- so i assume the debt has been sold- in which case did you receive a NOA?

what you do need to do is stop talking to people on the phone as you will be getting yourself deeper and deeper in the doo doo

everything in writing

if you would like to precis exactly where you are at and what you want it might be a little clearer

I only spoke to them on the phone until I realised what morons I was dealing with!! and they were no decent, honest company. Basically, as of beginning of January 2010 the balance outstanding was £3953 approx - they offered a settlement figure of £300. I only started digging as the figures on various letters don't add up.

I CCA requested them and they sent me my PO back and said the account was repaid in full so they did not have to comply with my request. The Subject access request notes state that they could not find the agreement in April 2008 when it was requested - and of course they never advised us. I also believe he has paid approx £900/1000 over the correct amount of the loan. It also states - ledger balance - NIL - repaid.

The problem is we don't have the agreement either - he believes he never received one - the only thing that we have is the back page of a loan statement (about the only one he ever received) that states the main loan is £11,300 - then says that this includes the interest. What is an NOA?? He hasn't received anything at all.

[foxyflugel]

Originally Posted by patrickq1

yes post your agreements on here ive asked for help on this thread so i think dd and others will be on here soon but when you do post your details makes sure nothing can identify you ok

Posted in relevant bank section - thanks again

[diddydicky]

Originally Posted by foxyflugel

I only spoke to them on the phone until I realised what morons I was dealing with!! and they were no decent, honest company. Basically, as of beginning of January 2010 the balance outstanding was £3953 approx - they offered a settlement figure of £300. I only started digging as the figures on various letters don't add up.

I CCA requested them and they sent me my PO back and said the account was repaid in full so they did not have to comply with my request. The Subject access request notes state that they could not find the agreement in April 2008 when it was requested - and of course they never advised us. I also believe he has paid approx £900/1000 over the correct amount of the loan. It also states - ledger balance - NIL - repaid.

The problem is we don't have the agreement either - he believes he never received one - the only thing that we have is the back page of a loan statement (about the only one he ever received) that states the main loan is £11,300 - then says that this includes the interest. What is an NOA?? He hasn't received anything at all.

if the OC has comfirmed in writing that there is no outstanding debt then that is the end of that- keep the letter safe

if someone else is now chasing you for the same debt then it would appear to have been sold by the OC to someone else, is that the case?

[foxyflugel]

If he owed them money then this would be great DD - but as it stands I believe that they owe him money that he has overpaid. Do they have to provide the agreement now the a/c is repaid (as they have stated)??And what about the other £3.5k stated in the arrears letters and over the telephone?? It doesn't make sense that they should magic this away.

[diddydicky]

once an agreement is ended there is no obligation for the creditor to comply with the consumer credit act since there is no longer an agreement to regulate, this includes s78 requests

also don't forget that the 6 year SB rule works both ways

i suspect it will also be true that where a creditor has made a "gift" of monies to the debtor in circumstances where he has made mistakes- that a court may well rule that to be the case in the alternative- although i suspect some weight will be given to the fact that unlike the creditor- the debtor is usually not as financially astute

apologies for mis reading the thread

[patrickq1]

yes they have yet to send data concerning the subject to access request and promised to send later,from what ive read it looks like the overpayment could be as much as 3000.00 plus,extra intrest has further been added beyond the contract agreement ,but with the back page of the origional contract stating it was a fixed finance load ,so without agreement this etra intrest has been added possibly because their was an initial default but this was cleared up due a office error on their part,
i think what is needed in this is the agreement but we know this is highly unlikely that it will ever surface if this is the case ,what should she do ,
i have a feeling this has been penalised way about the origional credit agreement by almost 5000.00 .so all that can be done on this thread is await the Subject access request to arrive..but in the meantime you need to write to triton the HARRASSMENT LETTER ,this ensures no more phone calls,you must not speak with them on the phone under any circumstances..
then when and if the contract arrives it can be looked at in detail,and see what the next mve is best,i suspect it will have to be a LBA letter before action and you have asked what is a NOA it means notice of assignment..you will need to see this,you should first have been served with a default notice secondly the debts sold so you should receive a notice of assignment from the origional company,so you need sight of this but i suspect this has not happened ..

[patrickq1]

also don't forget that the 6 year SB rule works both ways
this is true statute barred (SB) 6 year rule ,but if its only just been discovered that there has been overpayments that has gone on and on without the DCA informing them that an oversight had occured then i think it can then go back to the OC and the Subject access request stands and should be complied with imo
patrickq1

[foxyflugel]

I've just had a thought!! The one loan statement that I do have for 2008 - I am going to compare it to the statement that they have sent me - figures etc. It is just one statement (in statement form) - but surely there should have been more than one and one for every year?? If they are true copy statements - it just looks like a print out type of statement - but on statement paper - if you know what I mean.

[diddydicky]

the company is obliged to send you any information it holds about you under a Subject access request

the company is legally obliged to keep documentation relating to the transaction with you for (i beleive) at least 6 years after the relationship has ended therefore they cannot deny that they have information to disclose

[patrickq1]

thanks dd i think fg is waiting for the dat to come from the bank and until she receives this their isnt a great deal that can be done
patrickq1
ps..thanks dd for visiting the thread

[foxyflugel]

Hi everyone

Well, the plot thickens yet again!! Have recieved the SARs back (for what they are worth - there isn't really much on them tbh - it says at the top 'extracted from Collections Centre records'.

HOWEVER, it does say on 5 May 05 - about refinancing loan and overdraft together blah blah ..... charges for Royal Bank Loan refinance £1500 + £9272 = £10,800 60 mths 4.9% no insurance doesn't want = £224.10 pm

12 May 2005 - Declined refinance loan £10,800 (then says about refunding charges of £245 & OH withdrew £200 cash off this and they didn't allow for that blah blah) will now need to look at loan of £11,200 (flat rate loan £9443.80 & o/d £1697) been processed as Automated Products (APS dec) set up decline with added 3% so will need to apply all other APS dec conditions??????????

19 May 2005

APSXXXXXX (- APS means Automated Produce Setup) £11300

frl (flat rate loan) £9392.34 o/d £1826.47 (=11,218.81)
remove limit repayments 1 mo nth after drawdown - new cca reqd.

23 May 2005 loan drawdown £11,300 x 60 mths



Firstly, why all the different amounts??? I think this says it all (obviously imo) as it states that the loan is £11,300 surely?????? What do you think? and what do I do now - send them a letter saying that he wants his overpayments back??????????? Can't get a copy of the agreement - we haven't got one - I don't think he ever had one tbh!! What do I do them for? - I really cannot believe they have done this - total dishonesty - they have taken (and actively chased) an extra £1000 (approx). Shysters.

[foxyflugel]

Can anyone PLEASE advise on this matter?????????? Many thanks in advance.

[diddydicky]

of more importance is the remark

NEW CCA REQD

did you sign a new CCA ?

[foxyflugel]

It was my OH DD - and he doesn't remember as it was 2005. I don't think he did as he would have given it to me for our filing system - they also state in the Subject access request that they were unable to locate the agreement in April 2008!!

[diddydicky]

then you should send a 78 request and ask for it!!

could be quite a damning statement

[foxyflugel]

I already have DD and they sent me a letter saying that as the loan is repaid in full and closed they no longer have to comply with my request and enclosed my £1 postal order.