Help, owe the same amount after repaying for 8 years - IN SCOTLAND

[mariadavid]

Help

 

Lombard Direct were very sneaky and whilst not telling Payplan they wanted more money and were taking me to court

they even agreed a payment plan with them and 4 weeks later i received a summons to court,

payplan told me not to worry and wrote a letter.

This was a big mistake as the Judge wasn't interested in me and upped my payments making them the main creditor and the court costs were awarded against me.

 

Lombard then 3 years later told me not to pay the lawyers but a debt management scheme which resulted in the lawyers sending sheriff officers to my door

(i had told them what Lombard said but they obviously didn't believe me) and now after paying this since 2003

i appear to have gained 2.5k in legal fees and 2k in interest and owe the same amount as before,

talk about depressing i can't even make the payments

the judge said as my income dropped drastically and have been paying it short every month.

To make the situation even better they are refusing to look at my case for a PPI reclaim even though Halifax have just sent me a letter

refunding it from their loan and i applied in the exact same way!!!!

 

Can anyone advise what are the usual costs of being taken to court or if there is anything i can do.

The F.O.S is out of the question as i was 2 days late in applying to them to investigate

and although they agreed i had exceptional circumstances for being late in applying the bank didn't agree and told them they couldn't investigate.

The whole situation is just unbelievable and so stressful.

[dx100uk]

you need to explain this a bit more concisely.

 

did you KNOW about the CCJ?

if you did NOT

then you need to get it set aside

 

it appears you have been in court with this though?

so that was not the original hearing?

what was it then?

 

more info please

a time line would be nice.

 

dx

[citizenB]

The change of payment destination, did Lombard put that in writing ?

 

As dx suggests, you need to provide more information.

[mariadavid]

you need to explain this a bit more concisely.

 

did you KNOW about the CCJ?

if you did NOT

then you need to get it set aside

 

it appears you have been in court with this though?

so that was not the original hearing?

what was it then?

 

more info please

a time line would be nice.

 

dx

 

 

Hi

 

Thank you so much for taking an interest and i hope the following helps:

 

April 2003 Applied online for a loan and felt i had to take out PPI as it was tick boxes and i thought you must have to click both boxes

 

May 2005 was having finance problems had missed about 6 months payments and approached Payplan who contacted Lombard and started making payments for me of £146.36

 

May 2006 more financial problems with losing my job, irregular maintenance payments and no regular employment (worked with a recruitment agency) Payplan were then paying £106.78

 

October 2007 couldn't make the above payments regularly as was unsure of weekly income Payplan told me to pay what i could and informed Lombard i was having more problems and paying what i could

 

December 2007 Lombard wanted income and expenditure Payplan told them they were having to write to me as they couldn't contact me by phone, i worked irregular hours and they only work 9 - 5, i responded immediately but unkown to us the same day Lombard spoke to them, they phoned my old place of employment (who of course didn't know me as it was new staff) and in January 2008 they sent my case to the solicitors

 

May 2008 Lombard demanded more money from Payplan by phone and then when they were refused agreed payments for the next 6 months

 

June 2008 i received a citiation for the debt, contacted Payplan who told me to send docs to them and not to worry, they wrote a letter asking the judge not to make this creditor preferential as it was unfair to other creditors.

 

Spetember 2008 went to court, what a disaster, Judge wasn't interested in me or the letter and awarded Lombard the court costs of £362.95 and interest on the sum from June 2008 until payment of 8%, please bear in mind i never stopped paying them this whole time, it just was 106.00 but whatever i could afford and an inhibition notice on my house and the judge told me to pay £175 a month based on an old income and expenditure showing tax credits and maintenance which stopped 3 or 4 weeks later.

 

I was paying Anderson Stratheron until told by Lombard to stop paying them and start paying Arden Credit Management, Anderson then chased me and sent sherriff officers to me door and lombard refused on the phone to discuss my account with me so i started paying them again and received a letter from them telling me i owed:

 

9,274.57 decree balance

4,04.80 paid

2,301.60 interest

2,115.06 legal fees ????

9,642.43 balance at 3 June 2011

 

Lombard say i owe 5,022.84 I am double checking this as there seems to be 1 or 2 payments missed by them from the statement but i do know the interest is still to be added that the lawyers mention but how is the another 1.5k legal fees

 

The Halifax have offered a settlement for PPI as i applied online 6 months before lombard in the exact same manner but Lombard or rather RBS are refusing to look at it

 

Any ideas as i am completely and utterly depressed, how can they do that to some-one and get away with it

[citizenB]

Ah, right you are in Scotland - Different laws I think.. will amend your title and send out S.O.S to those North of the border for you

[IdaInFife]

Hiya,

 

The cannot add any other legal costs to the decree amount. I no nothing of PPI so hopefully dx will come back or someone that is more knowlegable in that area will come along for that,

 

If i were you i would send a SAR to Lombard.

 

Can you complete a new income and expenditure? and see what you can afford to pay each month

[ims21]

Hi

 

As Ida says, you should really send a SAR.

 

There is a great chance for you to get the PPI back on this loan.

 

This loan was taken out online so you probably wouldn't have a "normal" agreement document but do you have any of the initial paperwork for it at all?

 

ims

[42man]

Just wanted to add this link here for Mariadavid, you might find this interesting - http://www.consumeractiongroup.co.uk/forum/content.php?827-Examples-of-unfair-treament

[mariadavid]

Hi

 

I have applied for SAR, took so long as i had to have an operation on my hand, RBS then replied stating i was to apply to IDEM as they have no records of my account, delaying tactics and from other replies from your site from RBS staff untrue, i didn't respond to them as i feel it would be unfair to involve them but i am eagerly waiting to see if the telephone call refusing to discuss my account is logged.

 

I will let you see this once received.

[havinastella]

You REALLY need to stay off the phone unless you can record the calls!

 

When did you send the SAR and to whom? (give full address)

 

JOgs

[mariadavid]

Hi

 

I had to reply to RBS Head office in Gogarburn, Edinburgh and then received a letter on Idem Servicing but obviously from RBS.

[mariadavid]

Then i had to apply to Idem Servicing

[mariadavid]

Sorry this is in 3 but cannot post attachments until i have 10 posts, should be the 10th now.

 

I then received this from Idem on next post

[mariadavid]

 

 

 

 

Sar 1, 2 is what i initally sent

Idem 1a is what i initally received

Edited July 8, 2012 by citizenB
separated links for easier reading

[mariadavid]

Page 2 scan on previous post is what i received as well a statement, not scanned on which they give me on a regulat basis and the attached info and blank loan agreement (i completed mine online)

i have left the pages with list of recipents as i am sure you will have seen one before.

 

What can i do now? I can honestly see why people give up but the fact the ombudsman said to get the sar and hand the whole mess to a lawyer makes me believe i am being treated unfairly (i only wish i could afford a lawyer but hoping you see something in this

 

Maria

Edited July 8, 2012 by citizenB
separated links for easier reading

[citizenB]

Some of your images are quite tiny. If you follow the instructions below, it should work out better.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[mariadavid]

Hi

 

I hope these are better

 

idemresponse.pdf

loana.pdf

[dx100uk]

one i have removed as your address was showing

 

 

dx

[mariadavid]

Hi DX

 

Copy of letter minus the address, this is a copy i had on the computer. This might be easier to read.rbssaridem.pdf

[citizenB]

http://www.gain4u.org.uk/document.aspx?cid=2

 

http://www.govanlc.com/solicitors.htm

 

I wonder if it would be worth you contacting one of the centres above for some advice.

 

I think both of the above are in Glasgow, but if you are not, then perhaps they can advise somewhere local to you.

 

I do not understand the FOS advising that they cannot look at the claim BECAUSE the banks says they cant ?

 

You certainly need to make a start on reclaiming the PPI.

 

In England you can ask for a variation of instalment order - can you do the same in Scotland ?

[mariadavid]

Hi

 

Hi DX

 

The fos said they couldn't look into it as the court had made a ruling on the repayment of the monies due and the PPI was lumped in, there was no breakdown only the total amount due. They told me to get a SAR and hand the whole mess to a lawyer, which is fine if you have money for a lawyer but will try both links, thanks

 

Maria

[dx100uk]

so the sar has gone off

 

??????

[mariadavid]

Sorry don't follow, it was because of the fos i submitted the sar but as you seen from my attachements i didn't get anywhere but i have just emailed the Govan Law Centre in the hope they can help.