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    • https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/#comment-5145126  
    • Quick update. I've now recieved a letter before action from them with a PAP form to return enclosed, still no credit agreement however. I assume just a case of following the PAP thread and returning form with no CCA as the reason?
    • Thanks for coming back and letting us know. Obviously we totally disagree with their decision.  Their remortgaging could only have gone wrong if they had ended up with a CCJ.  And how do you get a CCJ?  If you lose in court and then defy the court and don't pay.  Even if you lose in court, you don't get a CCJ as long as you pay within the 30 days ordered by the court.  Even had they lost in court the judge would have disallowed the interest and the £70 Unicorn Food Tax that PE made up.  There was no advantage whatsoever for giving in and paying now. But thanks to you for letting us know - a hell of a lot of users don't.
    • Hi everyone.   Before I say anything, TFL finally responded to the email I sent last week:   Thank you for your email, we acknowledge the signed documents you have returned in preparation for your hearing.   We note that this matter is causing you some stress and anxiety, however this is not a reason for TfL to discontinue proceedings. It is not unusual for passengers that have been summonsed to court to experience these symptoms, and we do have some empathy with your concerns.   However, as previously stated, TfL do not accept out of court settlements, and you will have the opportunity at your hearing, to provide your mitigation to the court prior to a decision being reached by them on how they intend to deal with this matter (usually a fine).   I am sorry that this decision is not more favourable.   Yours sincerely   James Vallis     At least he sounds more sympathetic in this email…   Only one week to go until the court hearing and I am so so nervous. I’ve prepared some questions and answers in preparation for what to say to the magistrate. It will help calm me down if I know roughly what to expect. If you could give feedback on it that would be great. If you have anything to add please do let me know.   As far as I know the court hearing will happen in these stages: Introduction and statement of facts Pleading guilty for the journeys I made with my mother’s card Penalty sentencing Appeal (if charged with a criminal record)   Am I guilty? Yes.   Why did I not pay the fare legally? Last year there was a lot going on in my life and I was struggling financially so to relieve some of this I used my mother’s Oyster card. I know it’s not an excuse and it’s still wrong.   Why do I not accept a criminal record? I really don’t want it to affect my chances of finding a job in the future. I will be the one earning money in my family so I am doing my best and studying hard to be able to get a good job. A criminal record would mean that regardless of how hard I’m working I won’t get the job I want after I graduate. This fills me with so much regret, sadness and disappointment in myself. I just want to be a good daughter for my mother because she’s already had to deal with many hardships in her life and I don’t want to make it any harder for her.
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Endownment Shortfall-help???


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Hi there,

Im making a claim for an Edownment shortfall, this is my draft letter, please can anyone help me with 2 things:

1, Is there anything i should add/delete? (please feel free to edit it wherever you like!)

2, What sort of time limit should i give them? (bank charges was 14 days then 7 days i think?)

ALL advice would be greatly appreciated, Thankyou!!!:|

 

1st January 2008

Dear Sirs,

Re Mortgage Endowment Plan.

Policy no.

Dear Sirs

I am making a strong complaint regarding the above Endowment Plan which was misold to me on 31.08.1988

This is for the reasons listed below.

This being my first Endowment mortgage I trusted your Manager at Barclays, XXXXX to give me trusted advice and to have both mine and the banks best interests at heart. This is seems was not the case at all.

I came with my wife to see your then manager, Mr XXX at XXXX because I was struggling with my repayments on my repayment mortgage I held with you at the time.

I was on Social security and invalidity benefit at the time ( and indeed is still the case)

I was advised by Mr XXX to change to an Endowment Mortgage plan as this would, he said solve my problems, as the Social security would pay the interest on this and all I would have to find were the Insurance premiums and he told me that this would be beneficial to me.

He said he would arrange for a Barclays Insurance representative to call at my home to talk to me about this is the near future which he did. Obviously him being a Barclays bank manager, I believed his advice would be in my best interests.

The agent called and his name was XXXXX ……… (I will find out his complete name) but it will be on your records anyway.

I was told by him that “Not only would it pay my mortgage off but I would also have a lump sum extra, and my only problem would be thinking how to spend it”

At NO TIME during his visit did he ever mention there was any risk involved, in fact he went on to say that no Endowment had ever failed to pay a mortgage off.

He was extremely bullish about the projected performance of the policy.

He knew of my financial circumstances and also knew that the policy ran well into my retirement and no discussion over how I would continue to pay for this took place.

No mention of the fact that he would make a substantial commission for this sale was made and of course that it was hugely in his favour to complete this sale, regardless of the risks involved for me or the final outcome.

I pointed out time and time again that I was not willing to take any risks as I wanted a reliable and manageable way to repay my mortgage which was tailored to my needs. I was assured that this was FOOLPROOF, that is the word he used and of course convinced me that it was the right thing to do.

He was a representative of your bank and had been recommended to me by a manager of Barclays.

In conclusion, I have lost out considerably financially as a result of Mr XXXX and also the Insurance reps advice and appalling lack of customer care and in fact made no attempt to explain that there was any risk whatsoever attached to it.

I look forward to hearing back from you along with the appropriate level of compensation as recommended by the FSA – by you comparing the current value of the endowment with the amount of capital that I would have repaid had a repayment mortgage been used and refunding me the difference as compensation.

Unless I receive this I will be contacting the Ombudsman regarding this matter.

Yours sincerely

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Hi there,

Im making a claim for an Edownment shortfall, this is my draft letter, please can anyone help me with 2 things:

1, Is there anything i should add/delete? (please feel free to edit it wherever you like!)

2, What sort of time limit should i give them? (bank charges was 14 days then 7 days i think?)

ALL advice would be greatly appreciated, Thankyou!!!:-|

 

1st January 2008

 

 

Dear Sirs,

 

Re Mortgage Endowment Plan.

 

Policy no.

 

 

 

Dear Sirs

 

I am making a strong complaint regarding the above Endowment Plan which was misold to me on 31.08.1988

 

This is for the reasons listed below.

 

This being my first Endowment mortgage I trusted your Manager at Barclays, XXXXX to give me trusted advice and to have both mine and the banks best interests at heart. This is seems was not the case at all.

 

I came with my wife to see your then manager, Mr XXX at XXXX because I was struggling with my repayments on my repayment mortgage I held with you at the time.

I was on Social security and invalidity benefit at the time ( and indeed is still the case)

 

I was advised by Mr XXX to change to an Endowment Mortgage plan as this would, he said solve my problems, as the Social security would pay the interest on this and all I would have to find were the Insurance premiums and he told me that this would be beneficial to me.

 

He said he would arrange for a Barclays Insurance representative to call at my home to talk to me about this is the near future which he did. Obviously him being a Barclays bank manager, I believed his advice would be in my best interests.

 

The agent called and his name was XXXXX ……… (I will find out his complete name) but it will be on your records anyway.

I was told by him that “Not only would it pay my mortgage off but I would also have a lump sum extra, and my only problem would be thinking how to spend it”

At NO TIME during his visit did he ever mention there was any risk involved, in fact he went on to say that no Endowment had ever failed to pay a mortgage off.

He was extremely bullish about the projected performance of the policy.

He knew of my financial circumstances and also knew that the policy ran well into my retirement and no discussion over how I would continue to pay for this took place.

 

No mention of the fact that he would make a substantial commission for this sale was made and of course that it was hugely in his favour to complete this sale, regardless of the risks involved for me or the final outcome.

 

I pointed out time and time again that I was not willing to take any risks as I wanted a reliable and manageable way to repay my mortgage which was tailored to my needs. I was assured that this was FOOLPROOF, that is the word he used and of course convinced me that it was the right thing to do.

He was a representative of your bank and had been recommended to me by a manager of Barclays.

 

In conclusion, I have lost out considerably financially as a result of Mr XXXX and also the Insurance reps advice and appalling lack of customer care and in fact made no attempt to explain that there was any risk whatsoever attached to it.

 

I look forward to hearing back from you along with the appropriate level of compensation as recommended by the FSA – by you comparing the current value of the endowment with the amount of capital that I would have repaid had a repayment mortgage been used and refunding me the difference as compensation.

 

Unless I receive this I will be contacting the Ombudsman regarding this matter.

 

Yours sincerely

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I'm not sure but I would be inclined to give them 14 days from the date of sending to respond.

 

Do you have much paperwork to support your letter from when you bought the policy?

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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All the promises were made verbally and unfortunately both the Barclays manager and the Insurance rep has left now.

However the facts that I was persuaded to change mortgage and the fact that I was on benefit at the time are of course all on record.

Thanks

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