RBS loan -- charging order against home

[dx100uk]

you wanted all the statements for each loan..that was the idea of the SAR,

however you owe them nowt and don't pay them anyway even if you sell

so if you simply want to forget all about the debt you could

 

 

[davrym]

They didn't even include any details of recent calls made.  It was the way they dealt with investigation.  Didn't look at charges on the account because it was over six years ago and simply assumed that the claim for insurance payments would not have been successful.  Unbelievable.  I don't know anyone else who has had a loan amount paid into their account by telemarketing unit.

[paulwlton]

You need all the statements, write back and make it clear that if they refuse you’ll submit a complaint to the ICO. 

[davrym]

convert-jpg-to-pdf.net_2021-05-09_18-52-38.pdf

[dx100uk]

they sort of shoot themselves in the foot by saying had PPI applied no charges would have been levied...meaning they WERE a penalty..

[davrym]

Yet still not willing to come to an agreement

 

[dx100uk]

you dont owe anything!!

don't pay them a PENNY EVER

 

you are after compo for the way you were treated, which might equal even total write off.

but that still means you dont pay them a bean! 

 

[davrym]

I doubt they would ever consider compensation.  I've a feeling this will only get sorted in a courtroom.  

[dx100uk]

claiming what?

 

[davrym]

To simply get a judgement on the unpaid insurance and unfair charges.  I will be requesting details on how a telemarketing unit can authorise a loan without my agreement.

[dx100uk]

no that wont fly...

 

let's resit... this is what might..

 

On 24/07/2008 at 00:51, ukaviator said:

Hi

 

I would jot down as bullet points for your case from above to use in court. You have some very strong arguments here. A stayed case, your wife not named on the loan etc, your son's condition.

 

Example of Irresponsible lending :

 

Increasing credit card limits too easily.

 

Increasing overdraft limits without authorisation.

 

Not requesting proof of income.

 

Credit facilities being offered as incentives to purchase more.

 

Credit cards being sent through the post that are pre approved.

 

Credit card cheques being sent through the post.

 

False and Misleading adverting veiling interest rates.

 

“Small print” trickery in long and text heavy credit contracts.

 

Lending money to the unemployed.

 

Giving loans and credit cards to those on benefits.

 

At least two of the parts above you can use against them. The route cause of irresponsible lending is the staff employed at credit companies who are given incentives such as bonuses or commission to actively sell credit cards and loans. These staff are paid on the volume of the loans they sell which itself is irresponsible.

 

Did you get a rebate on the old loan PPI?

 

When you signed up for the new loan, did they just transfer the outstanding amount to the new loan?, they should have given back some of the PPI on the original loan, it is normally added on at the start, when the loan is taken out.

 

So your defence should centre around:

 

Irresponsible lending

 

Your wife owns part of the property

 

Unfair to other creditors to have a charging order

 

Your son's condition

 

PPI mis selling on the new loan

 

PPI refund on the old loan

 

Increase in the APR on the new loan ( Obviously generated commission for the employee, duty of care issue here)

 

Your charges claim on hold

 

A time order or an administration order could be used instead of the charging order.

 

You say you have no other debts, you should still do an income expenditure spreadsheet to take along to the court. Put down all of your outgoings, and what your income is.

 

irresponsible lending claim. that not done through court.