Debt disputes, complaints, lenders, bank problems

Lending Problems

PROBLEMS WITH YOUR LENDER ?

All Banks and other lenders have Customer Service Departments at a local, area, or Head Office level. Don’t be afraid to complain !! DEBTWISE can help you to draft your complaint. If the complaint reaches a deadlock stage then you can refer it to the appropriate ombudsman. It is strongly recommended you obtain your file (Subject Access Data File) details from the Lender concerned. There is normally a fee of £10 for this service (check with lender concerned) but you are entitled to see your personal (ie not limited company) file under the Data Protection Act. To obtain the file request a 'Subject Access Data Access Report under the Data Protection Act 1998'. The file should include copies of any legal agreements, mandates, correspondence, statements, and bank file notes (note where the account is joint, the lender will require the authority of all joint account holders. The cost is £10 per file)

Call Credit Check www.callcreditcheck.com Find out why you have been turned down for credit/improve your chances of getting credit. Also FAQ's re credit status.

NOTE : Credit repair companies are NOT recognised by the above ! The IC Office booklet gives guidance on how to challenge incorrect or out of date information under the Data Protection Act 1998.

The Banks are under no legal obligation to open or operate a bank account although a letter to the Bank Head of Customer Service might have some effect. Also try contacting your local M.P. who might be able to help if there was some form of discrimination.

UNENFORCEABLE DEBT This is a debt which the lender cannot enforce for one reason or another. In a ruling October 2014 Grace George v Black Horse Limited the court decided that there are circumstances where a lender may not be able to record unenforceable debt at the credit registries. If such a debt is recorded then it is suggested that the borrower who is affected refers the credit registry and lender to this case. See FLA website for information on the case (or Google) http://www.fla.org.uk/index.php/recent-court-cases-with-potential-implications-for-members/#

Harassment of people in debt by creditors

Bankruptcy-Insolvency Debt Advice Service Helpline 0800 074 6918 http://www.debtadviceuk.co.uk/

Harassment of people in debt by creditors or their agents is a criminal offence under the Administration of Justice Act 1970. It is often difficult to know what to do when you feel a creditor is not dealing with your account fairly.

Section 40 of the Administration of Justice Act 1970

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-
- harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
- falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
- falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
- utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.
A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”