help needed (charges and serious problem with IF) **WON**

[Prangers]

firstly i would like to say thanks for the info i have obtained whilst browsing this site.

 

ok where do i start.

 

i held a current account, loan and credit card with IF

 

basically i asked for copies of all statements from IF. they sent me within a week a list of all charges for all accounts. but said there were only ever charges applied to my current account.and due to the test case all claims are on hold. so i checked through the 20 or so statements i could find and discovered i was never charged on my current account and only charged on my credit card. so made a list , added them up. worked out the interest for each charge and sent it back stating the charges are against my credit card which is currently not in any kind of test case and has already been agreed that these charges are unfair so asked them to cough up. im waiting for their response.

 

 

on another note with IF. sorry if this sounds confusing.

 

i opened all 3 accounts in 2001. by june 2002 i had defaulted on the loan and got a CCJ with an attatchment to earnings. by mid 2004 the debt was paid and i received a statement from the court to say the debt was settled in full.

 

then in may 2004 IF off their own backs and with no say so from me transfered my £2000 overdraft back onto my loan account that should have read as paid and closed. (silly me for not looking closely at my statements at the time).

 

i then around mid 2005 i received letters from 3 debt collection agencies asking individually for money relating to each of my accounts. completely forgetting that i had the attatchment to earnings and already paid my loan. i set up a payment plan with these companies and paid for about 16 months until in august 2007 i paid a settlement figure on all the accounts and was told they were closed and satisfied. my credit report reflects this.

 

the total debt from the begining totalled £8000 and i have paid in excess of £14000 from the paperwork i have. i was young and stupid at the time and just paid up to make my life easier. and never questioned anything.

 

does anyone know of an agency or solicitors who would be able to demand all statements from IF, the courts and the debt collectors so that everything can be cross referenced to see what has gone on.

 

i have sent a letter to all the collection agencies requesting this info myself withing the last few days. but i know things are going to get complicated so thought i would ask for help before so i have loaded guns to fire at them.

 

sorry for dragging it on. any help is appreciated.

[BelstarBomb]

I'm fairly certain that IF and the DCA's have to supply you with the info as in effect, from what you are saying you have paid the debt twice?

 

However, I don't think it is a simple as asking for the CCA.

 

I am sending a message to someone who might be of some help to look at the thread and answer you from there.

 

Best wishes

 

BB

[Prangers]

thank you very much. im still waiting for the DCA`s to get back with all info.... so i can build a case.

[skbuncks]

Hi Prangers

 

 

......does anyone know of an agency or solicitors who would be able to demand all statements from IF, the courts and the debt collectors so that everything can be cross referenced to see what has gone on.

 

i have sent a letter to all the collection agencies requesting this info myself withing the last few days. but i know things are going to get complicated so thought i would ask for help before so i have loaded guns to fire at them.

 

sorry for dragging it on. any help is appreciated.

 

A solicitor you need not. You can yourself under the dpa send a sar to IF (not to the DCA) requesting copies of all transactions relating to each account. You need to accompany the request with a cheque for £10

 

SAR here

 

skb

[skbuncks]

Having reread you should maybe also SAR the relevant DCAs (amend the template accordingly) just to make sure no info is missed

 

skb

[Prangers]

thanks for info. i have already asked the DCA`s for the info and received the first reply on friday from one of them saying they have asked for all the info from IF themselves. so it looks like they will just give me whatever IF choose to give them.

 

the trouble is i recently did a SAR to IF in relation to bank chatges, they sent me the statements for my credit card and said as the other 2 accounts (loan and current account) are closed they have no info.....even though the credit card is closed too lol. so im waiting to see if the DCA`s can come up with something before i contact the banks again.

 

on the plus side they are looking into my claim for £2500 in credit card charges . so hopefully something may come of that

[emmaf01]

It doesn't matter if the accounts are closed- they will still hold the information.

 

IF is run by HBOS and I got information back to 1994/5 regarding a closed account from them.

 

So send them the letter stating they have not complied with your SAR and threatening further action.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

[Prangers]

ok i will do thats asap

[Prangers]

right i got a copy of a statement of payments made to the DCA in relation to my loan account with a covering letter stating that the debt has been paid in full on 4th august 2007 i also have a letter from the courts on 23 feb 2004 stating that the debt has been paid in full. info below.

 

in 2002 i had attatchment to earning for IF loan

feb 2004 debt paid in full (copy of letter from court)

account should have been closed and read £0.00 (if im correct in thinking)

7/12/2005 account passed to DCA for £4298.09

paid several monthly payments until paying lump sum on 18/08/07

paid a total of £3705 to DCA for a debt that i had already paid...

 

now im sure the bank is not going to simply say " ok sir the check for the above amount is in the post" so does anybody have any ideas on what i need to do next.

 

i have asked the bank to look into this issue over 2 weeks ago and been told on several occasions of me chasing them up that someone will call me back..... guess what.................. yep lol

 

any help is appreciated

[BelstarBomb]

Sheesh!

 

I am so angry for you you wouldn't belive it!

 

I'm sure someone else would confirm or add to this but I would send letter to IF (guaranteed delivery) with copies of all the paperwork you have demanding your money back with interest (I've seen figures around 8% bandied about) within 7 days. Advise them that you already intend to contact TS about their handling of the situation as in passing the info to a DCA and ther failure you to supply you with the information your requested in an acceptable timescale.

 

I'm sure that there are plenty more sticks that you could beat them about the head with but I'm a newbie myself and not an expert. Private Message Steven4604 (I think but he is the only one with Steven4*** after his name) send him your link and ask him to look at it and post.

 

Am I allowed at this stage to call you an absolute plonker (that's the politest phrase I can think of at this moment)? How can you pay a debt twice and then pay a lump sum over three years after settling it in full??????

 

What do you for a job now? - please don't say accountant!

 

best wishes,

 

BB

[Prangers]

i know and i never once though of calling myself something as polite as a plonker lol.

 

the only reason i noticed was due to me trying to find all my old banking paperwork to try and get my bank charges back and then noticed the terrible error lol.

 

honestly what are the chances do you think of me getting this money back without a fight????

[BelstarBomb]

Hello Plonker, sorry Prangers!

 

You will get your money back as you should never have been chased for it in the first place. The error is firmly with IF adn don't let them fob you off with you asking the DCA's for the money - they should never have unleashed the dogs in the first place!

 

I'm sure Steven4 something will be able to supply you or at least guide you in the right direction to send a killer letter that will get your money back sooner rather than later.

 

Good luck!

 

BB

[Prangers]

cheers. i have PM`d steven so hopefully hear something soon.

 

oh and in my current employment i have nothing to do with money , you will be please to hear lol

[BelstarBomb]

thank god for that:D

[steven4064]

Hi Prangers

 

From what I have read, you seem to be getting pretty good advice from skbuncks, emmaf01 and BB - do what they say - SAR IF for all data they hold of which you are the subject (in fact, if you already sent them one and they only sent some of your data, you could send them a DPA non-compliance letter - see the banks template libraray). Send SARs to the DCAs too.

 

I don't think a request under the CCA1974 will help as the loan is paid off (twice paid off?) they are not obliged to send anything under the CCA.

 

It seems to me, you need to have all the information in front of you to see what has gone on.

 

For reference, if they claim that it is statute barred, refer them to s32 which says that, for the remedy of a mistake, the 6 years period begins when the msitake is discovered.

[Prangers]

thank you very much for the info. i have now got all relavant info and will post a copy of the letter im going to send them in this post in the next few minutes for you all to look over to see if anything else needs adding.

 

oh and it was the current account debt i paid twice not the loan lol sorry i know im rubbish lol

[Prangers]

here is a copy of what i just wrote to send to IF. can you please take a look at it and see if there is anything i should add into it. thanks

 

 

 

To Whom it may concern

 

 

Please familiarise yourself with all paperwork included with this cover note.

 

Firstly may i bring to your attention the County Court Claim made by yourselves on 13/02/2002 at Leeds County Court. as you can see this refers to the current account i held with yourselves. The court awarded in your favour for the amount of £2432.42. and awarded an attachment of earnings order (CAPS) on 04/10/2002 , for the sum of £150.00 per month. The monies owed was taken on a monthly basis from my earnings until the debt was paid in full. May i draw your attention to the letter dated 23/02/2004 from Horsham County Court clearly stating the debt has been paid in full and therefore discharged.

 

Now may i bring to your attention the statement from Intelligent Finance dated 23/02/2004 which clearly shows a debt of £2703.88 against the Current Account i held. As you are aware this debt should read as £0.00. you can also see in the statements dated 23/03/2004 and 22/04/2004 that the debt still does not read £0.00 and interest is still being added to the account on a monthly basis.

 

Now may i bring your attention to the statement from Intelligent Finance dated 24/05/2004. you can clearly see a total of £2050.22 was transferred from my current account and added to the debt on the Loan account. Please note the opening balance of £1946.82 and the closing balance of £3997.90.

 

Now may i bring to your attention the letter from Rockwell Debt Collection Agency dated 08/08/2008 which includes a copy of all payments made to them in relation to the debt of the Loan Account i held with Intelligent Finance. The opening balance of the debt on 07/12/2005 was £4298.09 with a closing balance of £593.09 on 21/08/2007, the covering letter clearly states that the debt has been paid in full and the outstanding balance had been written off.

 

As far as im concerned the debt of £2050.22 should NEVER have been transferred to the loan account as the debt on the Current Account had been paid in full via CAPS. i never authorised any such transfer in the first place. I therefore demand you issue me with a Cheque for £2050.22 including interest to the total of £692.40 bringing the full amount to £2742.62.

 

Finally i herby give you 7 days to comply with my demand for payment. Failure to do so within in the timeframe will leave me no alternative but to issue a claim in the County Court against Intelligent Finance for the full amount.

 

i look forward to hearing from you.

[Prangers]

this will either make you laugh or cry but my oustanding and ongoing claims against the banks are as follows.

 

Nationwide Current Account Charges - £500.66

Abbey Current Account Charges - £3653.14

Intelligent Finance Credit Card Charges - £2461.87

Intelligent Finance Double Debt Payment - £2742.62

 

Total of £9358.29

 

hmmmm what are the chances of getting it all back lol

[emmaf01]

The credit card you can have an immediate and straight forward crack at. The current account charges you can go forward with but it is likely to be stayed at court level and the double debt payment we beed to get more info, though it looks dodgy as hell (on their part).

 

Sorry- got to nip off, I'll look properly at your letter and get back to you.

[Prangers]

i have already issued claims on all bank charges and credit card charges and they are being either stayed or processed at the moment.

 

and for the double debt payment. i def have all paperwork relating to the letter i want to send them (above) so hopefully it will be ok.

[steven4064]

On the chances of getting the money back - I agree 100% with emma - CC straight away, currents acvcounts when the test case is finally settled.

 

I have some comments on the letter- mainly minor and presentational (comments in red italics, insertions/changes in red normal):

Address it to customer services

 

To Whom it may concern I think "Dear Sirs" is better

 

Re Current Account xxxxxxxx and loan account xxxxxxxxxx

 

Please familiarise yourself with all paperwork included with this letter.

 

Firstly may i bring to your attention the County Court Claim made by yourselves on 13/02/2002 at Leeds County Court (claim number XXXXXX). as you can see this refers to the current account number xxxxxxx i held with yourselves. The court awarded in your favour for the amount of £2432.42. and awarded an attachment of earnings order (CAPS) on 04/10/2002 , for the sum of £150.00 per month. The monies owed were taken on a monthly basis from my earnings until the debt was paid in full. May i draw your attention to the letter dated 23/02/2004 from Horsham County Court clearly stating the debt has been paid in full and therefore discharged.

 

Now may i bring to your attention the statement from Intelligent Finance dated 23/02/2004 which clearly shows a debt of £2703.88 against the Current Account i held. As you are aware this should read £0.00 since the debt was paid off. you can also see in the statements dated 23/03/2004 and 22/04/2004 that the debt still does not read £0.00 and interest is still being added to the account on a monthly basis.

 

Now may i bring your attention to the statement from Intelligent Finance dated 24/05/2004. you can clearly see a total of £2050.22 was transferred from my current account and added to the debt on the Loan account. Please note the opening balance of £1946.82 and the closing balance of £3997.90. (I am slightly concerned with the figures here - £2703.88 + interest = £2050.22? £2050.22+£1946.82=£3997.04, not £3997.90)

 

Now may i bring to your attention the letter from Rockwell Debt Collection Agency dated 08/08/2008 which includes a copy of all payments made to them in relation to the debt of the Loan Account i held with Intelligent Finance. The opening balance of the debt on 07/12/2005 was £4298.09 with a closing balance of £593.09 on 21/08/2007, the covering letter clearly states that the debt has been paid in full and the outstanding balance of £593.09 had been written off.

 

I would replace this paragraph [As far as im concerned the debt of £2050.22 should NEVER have been transferred to the loan account as the debt on the Current Account had been paid in full via CAPS. i never authorised any such transfer in the first place. I therefore demand you issue me with a Cheque for £2050.22 including interest to the total of £692.40 bringing the full amount to £2742.62.] with [As you can see from these documents, the transfer of the debt of £2050.22 to the loan account was a mistake on Intelligent Finance's part that I have only just discovered and which resulted in my paying the debt twice over - once via CAPS and once through Rockwell Debt Collection. I therefore request that Intelligent Finance reimburses me with the sum of £2742.62 being the £2050.22 mistakenly paid twice plus interest of £692.40.]

 

Finally i herby give you 14 days to comply with my request for payment.

I would replace [Failure to comply with this l Failure to do so within in this timeframe will leave me no alternative but to issue a claim in the County Court against Intelligent Finance for the full amount.] with [if I do not recieve a positive response within this timeframe, I will send a Letter Before Action giving you a further 14 days. If you still fail to reimburse me within that timescale I will commence proceedings in the County Court without further communication.] (this then complies with the pre-action protocols)

 

i look forward to hearing from you.

Edited August 11, 2008 by steven4064

[emmaf01]

Thanks Steven- I'd written my notes on it, ready to type in and you've beaten me to it (except yours is better:))! Foiled again!

[Prangers]

thank you very much. the amounts you query are different as there was obviously some interest added to the loan account for that month. and the actual amount transfered was £2055.22 so i was to keep it to the book so they cant dispute the amount.

 

cheers

[Prangers]

right my final draft of the letter is complete and all ready to send to them. im going to use business post to get it there for tomorrow on a recorded deliver so they have to sign for the item. and its being done through the company i work fors business account so that i have 100% traceability on the package just incase they try denying receiving it lol

 

 

fingers crossed

[Prangers]

letter and all info sent today by business post to IF. i guess its a case of just waiting now.