hushpuppy - ** SATISFACTORY CONCLUSION**

[hushpuppy]

Thankyou, thankyou, I've stopped panicking, feel so much better now, (Its complex enough without there being two accounts involved) wish I was better at all this, one things for sure will be by the end, thanks gh.

[gh2008]

You've got the right attitude about it all (trying to work things out and finding stuff out for yourself) and I think you'll do fine

 

At the end of the day, you've got very little to lose and sooooooo much to gain.

Imagine if someone offered you a job that could pay £10k in the next 6 months. Not only that, but that 'job' would get you to organise yourself and get your brain working at a completely new level and would actually empower you to help others in the same situation as well!!! That's really what it's about.

 

Could you imagine that at the beginning of the year?

 

But if you do win (it can never be guaranteed although IMHO at the moment you are in the driving seat of this one) the feeling and moral boost is worth more than the money every time

 

Remember that most of this 'litigation' is a game, a charade, have you seen the film Chicago? give 'em the old razzle dazzle? ok so it's not quite that bad lol

 

BTW, now you have the a/c numbers, get a CCA (s.78 ) request off to them ASAP for both accounts £1 for each - yes I know you've SARd them but there is a *very* good reason for the CCA request as well (if you've done that already, no matter how long ago we need details of what you sent and what they returned)

[hushpuppy]

Hi gh, sorry didn't come back before, had some sort of bug, typical to be sick on weekend (or lucky don't know which)

Been looking to see if there is a set letter I send off to them for CCA(s.78) or I just write asking for a copy of the signed agreement, would this be to the Solicitors or RBS.

There wont be an agreement for the overdraft will there, I have a copy of the last bank statement and I will post up what they sent me, my response letter is a bit rantie, basically what I was wanting was how they got to that amount, they didn't reply to the letter.

[hushpuppy]

dont know how mr cool got in there was meant to be (s78)

[gh2008]

The response will be different for the bank account, but there should be some agreement, and also T&Cs for the OD.

 

Mr Cool comes out with an 8 and a ) beside each other 8) so to write (s.78.) you need something between the 8 and the bracket.

 

CCA letter http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

Send to either, the solicitors as the OC's legal rep should pass it on to the relevant dept.

[hushpuppy]

This is all I have has about the overdraft, they never replied to my letter.

[hushpuppy]

finally the attachments

hushscan2.pdf

hushscan3.pdf

Edited February 8, 2010 by hushpuppy

[gh2008]

I'd take hush4 back down

 

The other 2 - haven't a clue what they're on about ......

maybe others more used to ODs will know if they are 'required notices' or just them being officious.

[hushpuppy]

How do I take it down?

[hushpuppy]

How do I take it down.

[gh2008]

just edit your post and remove it

[hushpuppy]

Thanks gh, have done both the CCA request letters, send recorded delivery tomorrow,

[hushpuppy]

Sent of CCA request letters, checked that they have been delivered, back to the waiting game.

[gh2008]

Hi Hushpuppy

 

Could you create a new post with a timeline and what's been done and where and what all the documents are.

 

If you can't post teh links to the relevant docs then just right something like

Loan agreement hushcanx in post #xx

 

include dates of when documents were sent and when delivered etc etc

 

It will be useful for you soon and make it much easier for us to help

 

Last thing - the loan agreement referred to in Cobbets N150 - that is the 2nd loan I presume? - the one without any signature page and just the 'letter confirming the loan'

[hushpuppy]

ok, will do this.

I have also been looking at OD posts, see if I can find any faults on this, only thing at the moment is the date it started was a friday, but not sure if this applies as it was a termination not default,

the default on 2nd loan account also starts on same date.

the loan agreement referred to is 2nd loan.

[gh2008]

any news Hushpuppy?

[hushpuppy]

Hi GH,

I put in a new thread 'hushpup - signiture problems again', but I feel a bit lonely there, so pleased to hear from you. I had some dsars back yesterday it was three pages of 'Diary event history' but it did say there would be data from other depts, the diary history was cr** most of it was about my complaints over them not removing my name from joint account, there are a couple of times I was meant to have called them, which is a complete fabrication, and the history doesn't start until after the loans, they make it look so good on themselves.

It alo says I've requested S77 and statements and loan agreement form ordered,

I havn't heard anything from the court, its so messy, I thought I must try to put a witness statement together, I've been reading loads, one thing strikes me it says in the consumer credit act that if it is a long distance loan the loan agreement should have cancellation papers with it, which the second loan has, but it wasn't a long distance loan, it should have a pre agreement and meetings at the bank. this never happened,

but then I never went to any meeting on the first loan, only OH.

I have also found demands from 5 letters from debt collection don't know if they are important but should be 2nd loan account number and not.

1st is joint app num from 1st loan 11k

2nd is joint app mum from 1st loan 11k

3rd is 1st loan account num 1k

last two are reviews 2nd account

Its quite depressing because its like working in the dark, found the article 'How trustworthy is your bank' interesting it all stinks, even the date we were meant to get no 2 loan is the same as the 1st loan.

thanks for contact, I keep having to give myself stern talks when I get panicky about it all.

Edited February 24, 2010 by hushpuppy

[hushpuppy]

forget this one managed to correct above

Edited February 24, 2010 by hushpuppy

[hushpuppy]

Hi GH

Dont know which track to write on now, this or the new 'Hushpup - no signiture again. as you seem to be following this one, help.

[MandM]

You should get ALL information for ALL accounts. It does come in dribbles though from various departments (I've had a few like that).

 

M

[gh2008]

Have you had a proper reply to your CCA requests?

 

re the rest, keep it in order - don't get stressed over things you can't do anything about - I know easier said than done ....

 

You could also write back to them, demanding the info from around the time of the loans or asking them to confirm, that the information has been destroyed.

 

gh

[hushpuppy]

Hi GH & MandM,

Havn't had anything back from CCA, they recieved it on the 10th sent a signiture request on 11th, which I received back on 15th with POs.

Sent back to them on 16th (recorded)reminding them I had already been into the bank to show them suitable documentation on 25th Jan.

So I am not sure if its the date I first sent it or from when I re-sent it.

 

I've been trying to find out if we should have recieved any documentation from the bank that we would have known loan 'A' (easier to say loan A & B) was being replaced, cancelled or what-ever, can't seem to find much on banking proceedure, any Ideas?

Feel that this is going to be important in witness statement, combined with letters from debt collector letters, saying they are collecting on loan A.

[hushpuppy]

Had a reply from RBS today where they have said they cannot find the loan agreement and they will be unable to enforce payments (posted).

But I should still pay, with this came a list of payments that should have been made on the supposed loan.

 

Can anyone please tell where I stand now with the courts, and what happens next. Other data they have sent me with the dsars is pathetic to say the least. They had also put an OD default in with the amount, so I don't know what happens with this.

thescan.pdf

[gh2008]

Well, what they are basically saying is that, although the loan still exists, if you don't pay them there's nothing they can really do about it except hassle you. (Just because they say it exists doesn't mean it does - they have not got any signed agreement (cos there wasn't one therefore lawfully the loan does not exist)

 

The OFT are changing the their advice soon (there's a consultation paper out now) and they will hopefully soon be saying that if a creditor knows that a debt is unenforceable then they shouldn't chase.

 

Ok this is a *really* good result for you and one which I think you should be *really* pleased with.

 

As to where you go from here -

1) leave it as it is - they can't enforce and 6yrs from the default date the default drops off and they can't chase any more

 

2) take action. This would probably end up making at least a couple of applications to Court if not a full blown claim although they will not defend.

 

Action could be to

write off balance

remove default

s$d off for good

(slightly more risky) reclaim all monies paid under the account with interest

 

After all I think you have got the evidence that there never was a signed agreement (you've got the 2nd loan agreement but you never signed it) as there was no agreement to repay then all monies paid were paid in error.

 

Up to you - have a break from it all - you've won Round 1, so be happy

 

and keep that letter very safe

 

BTW if you did decide to fight them (I think I would in the circumstances) I'm sure you'd get a 'no win no fee' solicitor on board to help I'd PM PT2537 first though and ask what he would suggest.

[gh2008]

You may not need to take action yourself on this - what stage are we at with the Court action?

 

This could be a very good time to apply for Summary Judgement against teh claimant.

 

Would cost £75 for the app but you'd get that back, together with th e rest of your costs and then the debt will be gone

 

I'll have another read of the thread