Thread: Husband Vs Norther Rock

After a practice with Barclays Bank (different thread) I am at the Court stage with Northern Rock. I was filing a complaint with fos but I phoned them yesterday and they said it would be 5 months before they have a results yet and NR probably won't agree with it anyway.

Decided to sack off FOS and go straight to Court. Total claiming for is a whopping £18,200.52 over 2 loan agreements.

Wish me luck!

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Had some interesting progress today. A series of emails:

Andrea,

I sent a letter to Northern Rock on 5th January 2008 asking a very simple question and as usual I have been ignored. My question was:

In the 'CLUB 24 - ACCOUNT EVENTS' there is an entry dated 01/12/04 which reads 'TRANS CALL TO HAVE PPI TAKEN OFF'. Then again on 27/06/05 'RANG CUS TO REMOVE PPI BUT IS OVER 25K, IS GOING TO RING BACK WHEN UNDER, AK'.
Please can you tell me what possible reason there would be to have this request denied?

I would be very much interested in this answer and will not accept being ignored.

I will expect your reply tomorow.



Reply:

Apologies for the delay in response, I have been out of the office.

The maximum loan amount we offer for Unsecured Loans is £25,000. When a customer requests to cancel the PPI on their agreement a new loan is input using the settlement figure on their existing account. When this settlement figure is above £25,000, unfortunately some of our operators have mistakenly thought that the new loan cannot be input as it is over the £25,000 limit. This is incorrect, therefore if the PPI should have been cancelled at a particular date we will backdate the removal of PPI on customers account to the date it was originally requested. Obviously this would be on the assumption that the PPI was correctly sold.

I hope this answers you query, however please let me know if you need further clarification.

My reply:
Whether the PPI was sold incorrectly or not my husband is still out of pocket because of Northern Rock's mistake. What do you intend to do about this?

Her reply:
I was under the impression you were taking this up with the fos, as we have now issued a final response to the complaint you raised. This being the case once the FOS contact us, we will submit information to them about the issues you have raised and try and agree a resolution based on if the policy was mis-sold or not. However if you husband wishes to remove the PPI now this can be arranged. Can you please confirm how you wish to proceed and I will make the necessary arrangements.

And Mine:
Andrea,

The PPI can not be removed now as this loan is already closed, if you had correctly familiarised yourself with this case you would know that.

Now I have your admission of incorrect practice and uneducated staff I see little point waiting for a reply from the FOS (of which Northern Rock can ignore and have done in the past) and proceed directly to court. I have been given this advice from an FOS representative who has told me this would be my quickest and most effective action. If you force me to proceed down this route we will not only claim the PPI was mis-sold (of which Northern Rock may receive a fine) but also interest based on the contractual rate. Again, your written evidence will help to show that the Northern Rock Loan representatives did not have sufficient training to deal with my husbands request correctly. The fact that he spoke to 2 different reps at 2 different times 6 months apart and received the same answer will support that Northern Rock has a hole in it's training where personal loans are concerned.

My suggestion is you offer my husband a realistic settlement based on the fact he asked for the PPI to be removed and was ILLEGALLY refused, not once but twice in fact. This will not bode well for Northern Rock in Court whether or not the PPI was mis-sold.

I know you will receive this email today and I expect an immediate response. I think this game playing and deliberate avoidance of Northern Rock's mistake has gone on long enough. My husband's telephone number is xxxxxxxxxx or xxxxxxxx where he is ready to receive an offer today.
We intend to file at Portsmouth county court tomorrow, after this has been done we will only accept an offer in full to include all Court Costs and admin Fees which will be over £400.

I look forward to your response or alternatively our day in court! I have also written a letter today to Northern Rock stating our position and ALL the evidence we have, including your email.

With that last email I got and almost immediate telephone call. I think she basically wanted to lecture me about my emails, she admitted that Northern Rock are incompetant and that mistakes have been made. She also said he is entitled to a refund but would not give me a figure. I have given her 48 hours to contact me with an offer before I proceed to Court.

She also stated she did not want to write anymore emails to me as she no longer felt I was using the information wisely!!! Bloody Cheek!

Received an offer from Northern Rock today. Sounds great but can't work out where they get their figures from. Have asked for a more accurate and detailed break down of figures.

Unsecured Personal Loan Account(s) xxxxxx and yyyyyy
Following my recent contact with Mrs Hoskins I have now had the opportunity to review your complaint about the Payment Protection Insurance (PPI) sold on the above loan accounts.
I understand that you do not wish the fos to review the complaint, due to the time this may take. Therefore I have raised this issue with a Senior Manager of the company to make a decision on how we will proceed.
While we refute the allegation you have made, that we missold the Payment Protection Insurance (PPI). We would like to reach an amicable resolution and not enter into further protracted correspondence with Mrs Hoskins or yourself.
On that basis we will refund the PPI premiums plus interest for both accounts. This totals £10,719.50. I have listed below a Breakdown of the calculations for your reference.

Account xxxx
Refund of PPI Payment.................. ....£1177.24
Refund of Interest on PPI...................£22 6.39
Total.................... ......................... ...£1403.63
Plus 8%....................... ....................£388. 68


Account yyyy
Refund of PPI Payment.................. .....£5178.41
Refund of interest on PPI.....................£ 2788.89
Total.................... ......................... .....£7967.30
8% Interest................. ......................£95 9.89

We have received a break down of the figures today and they seem to make sense. We are going to accept. This is the following wording they want us to sign. Can anyone see a problem with it? Should I add 'cleared funds to be received within 10 days'?

I agree to the terms of the offer set out in this letter and acknowledge the offer is made, and accepted, in Full and final settlement of my complaint against Northern Rock Plc.

Signed ___________________ Mr Hoskins
Date ________________

Following my recent contact with your wife I have now had the opportunity to review your complaint about the Payment Protection Insurance (PPI) sold on the above loan accounts.
I understand that you do not wish the fos to review the complaint, due to the time this may take. Therefore I have raised this issue with a Senior Manager of the company to make a decision on how we will proceed.
While we refute the allegation you have made, that we missold the Payment Protection Insurance (PPI). We would like to reach an amicable resolution and not enter into further protracted correspondence with your wife or yourself.
On that basis we will refund the PPI premiums plus interest for both accounts. This totals £10,719.50. I have listed below a Breakdown of the calculations for your reference.

That's it. What do you think?

Thank you. I am going to send this off today. I am going to add 'provided cleared funds are received within 10 days'. I think this is fair as they expected me to reply within 10 days. I will let you all know how I get on.