Hi Alan i believe you use their cash withdrawal rate (normally their highest rate) when calculating the interest taken as they are using your cash to enrich their pockets. I think they call it a reciprocal agreement. AL

Hi Alan I am also chasing Cap 1 for PPI which i did not ask for. The Interest for 2002 is 18% and for 2003 16% HTH. AL. PS Is there a name for the document that lists commissions payed for single, up front, lump sum payment for ppi.

Hi All Right, have written to GE asking for my PPI + contractual interest back and they have said that they feel as they were not present at the time the loan was sold they are not responsible for PPI being added and i should get in touch with the Holiday company that sold me the loan. They added it is their final response. So i will write to the holiday company and ask the same questions. But i believe it is GE who are at fault as the loan supplier. Any Comments...

Hi all sorry havent updated this been very busy. Went to court early July and meet with Hampton/Lowels rep, i just listened he said we could sort this out before going in to the court and he explained how serious bankrupcy was and that he was going to push for the court to grant the SD. So with that i brought myself a coffee and waited to be called. I met the judge (nice lady) and introduced myself and the guy from hamptons. She understood i was a LIP and said that if i did not understand any of the proceedings to ask her to explain it laymans terms. Hamptons kicked off saying i owe this much and had ignored all letters from Cap 1 and DCA's and they feel they have done all they can to get me to pay. She asked for my side of the story i said i had been trying to get a copy of the original CCA and t&c's for almost 3 years to no avail just a copy of the application form, i showed her a copy as Hamptons bloke had no paperwork:grin:, she looked at the application form and said it did have a boxed section headed CCA 1974, but i pointed out that was so they could do credit checks ect. i also added there were no prescribed terms on the application form (the hamptons guy chipped in with 'I disagree, this is a executed agreement') to which i asked him to show me the rate of interest term, the credit limit term and my discharge of obligations term, to which he looked quite glum:(. The judge did point out that the form did have Application Form written quite clearly in big letters and said it was obviously not a regulated agreement just an application form. I then pointed out there were unlawful charges on the account and that the PPI box had been quite clearly ticked NO (and i was in a job where if i was sick/disabled/or died i was covered by my employer)yet they had continually taken payments for it. I handed the Judge a spreadsheet listing all the payments for ppi and interest added by Cap 1 (totals nearly £2000 with contractual interest added) she studied it for a minute or so and then looked up at the guy from hampots and said 'I find the use of SD's in cases such as these an Abuse of Process and she told the guy to relay her message back to hamptons/lowells as soon as we had left the court. She then asked me what i wanted from Cap 1, i said i would ask for disclosure of the Original Agreement, Default notice, Deed of assignment, and written proof that i asked for PPI. So she made an order to that effect (they have 42 days from 4th June to get the documents back to the court) then its back to court in September. I asked for cost but i think she said she had reserved them till next time. Anyway thanked her and got up to leave but she asked guy from hampots/lowells to remain. So am now looking forward to September. :grin: AL

Hi Pompy sorry to hear you have had a stay in hospital.I hope you are making a good recovery and are feeling better. Tell the wife easy on the oily fish you never know what might happen:D http://media.funlol.com/content/img/penguin-slap.gif

Hi Nick Thanks for that i will delete para 9. Yes i did pilfer the original from yourself i believe i hope you dont mind. As you say i have probably got a fight on my hands but with help from people like yourself and 42man to name but a few, on this forum and some swatting up i going to try my best to achieve a positive outcome. Once again thanks AL I have deleted para 8 as that is the para about the hand of the assignor.

Ok have amended set aside i think the numbering is ok just not sure if last few paras are right. elbow me if they need changing please http://i684.photobucket.com/albums/vv205/bernardlivesley/sc00004691.jpg?t=1238498385 http://i684.photobucket.com/albums/vv205/bernardlivesley/sc0000680a.jpg?t=1238498438 Thanks AL

Good Luck you deserve some:D

Hi Est Sorry to see you have really been through it this bunch of monkeys. I wonder who works out their charges (Paul Daniel's probably, just pulls a number out of a hat) There must be a way of getting them to show a breakdown of their charges.(Have you sent a SAR to them yet). If the letters are coming from a solicitor how about a phone call to the Law Society or whoever it is who regulates solicitors and explain to them that you feel their fees are excessive and they will not give you a breakdown of the fees which you feel is unreasonable. I would still send them a SAR requesting all data they hold on you it would cost £10(not that you need the extra expense at the moment) but it should list their fees and if they still dont comply then its off to court. AL

Ok thanks for that 42man have added it to my set aside and will post it up later to check its ok:grin:

Also if the DN is defective can i ask that any defaults registered to CRAs be deleted

Thanks Nick i have already had a few reads of it sometimes i end up smiling other times my head hurts :confused:but i get the gist of it.

silly me forgot to add this http://i684.photobucket.com/albums/vv205/bernardlivesley/sc000cb7a9.jpg?t=1238417318 http://i684.photobucket.com/albums/vv205/bernardlivesley/sc000cdac9.jpg?t=1238417355

Hi all right have composed my set aside could you have a look over it and comment please. the basis is 1. no agreement/account number 2 i dispute the debt 3 the account has penalty charges therefore the default notice is incorrect 4 the default notice is fatally flawed in not giving 14 days to remedy 5 no statements supplied showing how the debt is made up 6 no deed or notice of assignment Ta

NO, im in disguise8-) but thanks anyway :grin: