Help required poc for debt with NW and mis-sold ppi.

[hellhasnofury]

Hello,
I need help and advice regarding a dispute with the NW over the mis-selling of ppi.

Bit of a long story I am afraid. Had 4 loans with the NW. The first taken out in 1998 and the other 3 were top-up loans. ppi was applied to each loan, and they did such a good job to informing me, I did not even know what it was, thought it was a charge for interest. Thick I know, but true. I got into problem and entered into a dmp over 18months ago.

It was only when I came to the site to reclaim back bank charges, that I educated myself into these practices. I sent a Subject Access Request and a ca request.

They informed me that they could not provide any lending agreements, so I put the account into legal dispute and stopped payments to them.

Now I successfully reclaimed back ppi on the last loan, they paid up when I caught them out with the interest rate applied to the ppi, they would not disclose this info to me. The interest rate was 8.9%, each year, applied for 10years. So a premium of £4,600, interest charged on this was £4,094, so actually paid £8.694.00. I could not proceed with the 3 previous, because they are failing to disclose the breakdown of the interest applied to the ppi on these loans.

I have now approached them several times regarding the failure to disclose this information to me. and they are ignoring me any will not respond to me. They state the gesture of good will I have received and the matter is closed. I have been extremely careful with my acceptance letter and have got copies of theirs. I have sent them a prelim and lba. So I need help with poc for the N1.

After 12months of paying them via the dmp and after they settled the last loan ppi, they entered a default onto my credit file. They have never sent me a notice of default. and I have informed them of this issue.

So the issues are.

Failure to disclose information to me.
Failure to supply credit agreements
Failure to send a notice of default
Mis-selling of ppi.

Any advice greatly received.

[hellhasnofury]

Originally Posted by hellhasnofury

Hello,
I need help and advice regarding a dispute with the NW over the mis-selling of ppi.

Bit of a long story I am afraid. Had 4 loans with the NW. The first taken out in 1998 and the other 3 were top-up loans. ppi was applied to each loan, and they did such a good job to informing me, I did not even know what it was, thought it was a charge for interest. Thick I know, but true. I got into problem and entered into a dmp over 18months ago.

It was only when I came to the site to reclaim back bank charges, that I educated myself into these practices. I sent a S.A.R - (Subject Access Request) and a ca request.

They informed me that they could not provide any lending agreements, so I put the account into legal dispute and stopped payments to them.

Now I successfully reclaimed back ppi on the last loan, they paid up when I caught them out with the interest rate applied to the ppi, they would not disclose this info to me. The interest rate was 8.9%, each year, applied for 10years. So a premium of £4,600, interest charged on this was £4,094, so actually paid £8.694.00. I could not proceed with the 3 previous, because they are failing to disclose the breakdown of the interest applied to the ppi on these loans.

I have now approached them several times regarding the failure to disclose this information to me. and they are ignoring me any will not respond to me. They state the gesture of good will I have received and the matter is closed. I have been extremely careful with my acceptance letter and have got copies of theirs. I have sent them a prelim and lba. So I need help with poc for the N1.

After 12months of paying them via the dmp and after they settled the last loan ppi, they entered a default onto my credit file. They have never sent me a notice of default. and I have informed them of this issue.

So the issues are.

Failure to disclose information to me.
Failure to supply credit agreements
Failure to send a notice of default
Mis-selling of ppi.

Any advice greatly received.

Hello, any chance of some advice and some direction anybody

[tomterm8]

Did you send them a S.A.R? In that case, a Data Protection Act compliance claim would be the first step.

[hellhasnofury]

Originally Posted by tomterm8

Did you send them a S.A.R? In that case, a Data Protection Act compliance claim would be the first step.

Thanks Tomterm,

Sorry tom you are spending far too much time in the shout box and ignoring me

I sent them a Subject Access Request in january and have sent numerous letters and e-mails and they just ignore me.

I will look to sending a claim for non compliance of information, but I thought if i just issue a claim for mis-selling, they would have to disclose this information under the cpr, I am wrong.

I really appreciate your time, I know how much in demand you are.

I did prefer you pink and trunky

[tomterm8]

Originally Posted by hellhasnofury

,

I did prefer you pink and trunky

????

The reason i suggested the S.A.R claim is it is nice and simple, the POC are all on the site already, and I believe there is work going on behind the scenes in the PPI to make a new user guide (if it ever happens... you know how busy people are

i can't really help you on the PPI angle, as I simply don't understand the grounds... not having ever purchased PPI myself, I've never taken the time to look it up

i haven't just been on the shoutbox, you know i've been doing quite a lot of legal reading, and I've been writing a few articles for the sticky section of the debt forum... a new avenue for me, a non-litegation related thread!

[lindyhop]

HI HHNF

what about SK, can they help? they give me some advice today on my post. invaluable.

i wish i could reciprocate and help you on this one, but im still very much learning the ropes. i can offer support though, and send this over to you in bucketloads.

i will keep an eye out on the threads and post you should i come across advice that might help.

Shirls

[hellhasnofury]

Originally Posted by tomterm8

????

The reason i suggested the S.A.R claim is it is nice and simple, the POC are all on the site already, and I believe there is work going on behind the scenes in the PPI to make a new user guide (if it ever happens... you know how busy people are

i can't really help you on the PPI angle, as I simply don't understand the grounds... not having ever purchased PPI myself, I've never taken the time to look it up

i haven't just been on the shoutbox, you know i've been doing quite a lot of legal reading, and I've been writing a few articles for the sticky section of the debt forum... a new avenue for me, a non-litegation related thread!

Hello Tom,

Have you forgotten your pink elephant blowing bubbles, not so long ago and yes you have been spotted on shoutbox on more than one occasion (will have to start a thread on this)

I am sure that your new stickies will be excellent, your reputation doth proceed you. and I will look forward to reading them.

As regards the ppi, I do not need advice on this, I need advise on whether to include their breach of the cca in failure to provide the ca and the default issue in one claim or do them separately.:o

[tomterm8]

Originally Posted by hellhasnofury

Hello Tom,

...

As regards the ppi, I do not need advice on this, I need advise on whether to include their breach of the cca in failure to provide the ca and the default issue in one claim or do them separately.:o

If you're going to use them at the same time, in practice you might as well do it in claim... the court will likely combine all your claims into one big claim, anyway.

Reason i suggested doing the S.A.R. trial first is that it gets you the information you need for the PPI claim. but it's up to you... if you have enough info, you can go for all three if you want.

[pt2537]

HI i have to agree with tom

the non compliance with a s7 request would be my first point of attack and a small amount of damages can be added too for their non complaince . i tend to leave it open to the court to award this and normally say long the lines of "what ever level the court deems just" that leaves it open for the Judge to decide what he will award if anything

once you have the data you need, you can bash em on everything else and they will be fully aware that you are not frightened to take the battle to a court room also, may make em more inclined to talk to you


with regards to the POCs have you got anything together yet?

Regards
paul

[hellhasnofury]

Originally Posted by pt2537

HI i have to agree with tom

the non compliance with a s7 request would be my first point of attack and a small amount of damages can be added too for their non complaince . i tend to leave it open to the court to award this and normally say long the lines of "what ever level the court deems just" that leaves it open for the Judge to decide what he will award if anything

once you have the data you need, you can bash em on everything else and they will be fully aware that you are not frightened to take the battle to a court room also, may make em more inclined to talk to you


with regards to the POCs have you got anything together yet?

Regards
paul

Thank you Paul,

I have sent the letter before action regarding the breach of the Data Protection Act and will file a claim against them, I agree they are not taking me seriously, so I they don't give me the informaton I require then is will issue a N1.

As regards to the poc No. but with advice and guidence I will

[zootscoot]

i tend to leave it open to the court to award this and normally say long the lines of "what ever level the court deems just" that leaves it open for the Judge to decide what he will award if anything

You need to be careful with this otherwise the claim will be automatically multi-tracked. You need to specify a sum not exceeding £xx. If you want to remain small track. Although some judges are automatically multi-tracking Data Protection Act non - compliance claims in any event.

[pt2537]

Hi Zootscoot

i guess i put my foot in my mouth again

You are totally right

i must try and think in how others should deal with things not how i would.
i am fortunate to have the advantage of being able to check my arguements first with my tutor who is a Barrister .

i will try to engage brain before opening mouth next time

sorry,


Regards
paul