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The book is easy to understand and clearly explains the rights
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Ive just received an N1 form from Northampton court in favour of MBNA not sure what i do now i have 14 days I sent of my S.A.R yesterday and a letter to MBNA explaining why the account is in dispute. The N1 is not signed in the signature box it is just typed OPTIMA LEGAL SERVICES.
This should not have gone to court can MBNA withdraw it if not do i now use MCOL for my defence as im not paying a been until they have refunded my PPI
Ok ive been on MCOL and done my AoS and sent a CPR 18 to Optima Legal but from reading other theads if im right i should of got a POC ,lba and default notice first which i did not get all i have recieved is the usual demands for payment then the N1.
What is my next step do i just wait 14 days for a reply to my CPR 18 ??
Copy of a letter I sent to Companies House regarding Optima Legal. That reminds me, I must chase them up about their reply.
Regards.
Fred
Dear Sirs,
I have received 2
letters from Optima Legal relating to a matter they say they are dealing
with on behalf of MBNA Europe. I believe that the first of these letters
may have breached the regulations in respect of The Companies Act 1985
(amended 1989), most particularly in respect of the non-existence of their
address or any other contact details. I believe that there may be
other respects in which this letter breaches the above-mentioned act.
The letter has no
office address, no contact details and has been signed electronically by
Phil Robinson.
As you can see from the 2nd letter, there is a
registered address and contact details, making it even more puzzling that
these were not included in the first letter.
My understanding is that companies
registered with Companies House should send out correctly headed letters.
In my case, they have not. There was no way to respond to Optima Legal as
their address was not shown anywhere on the letter. This is
extremely galling as this letter was of a particularly threatening
nature.
I would be most grateful if you could look into this
matter.
Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.
Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.
Right people something i need to clarify before i go ahead and post S.A.R to co-op bank.
I currently have a premier account which gives me a free overdraft of £260 but i have increased it to £500 i am now paying that back at the rate of £40 a mth if i go ahead now and send in my PPI SAR for loans i had with them over the last 6 yrs could they call in that overdraft and if the did would it be all or just the amount over £260 i am currently of benefits due to a stroke so cant afford to pay it all off.
I am not using the co-op bank anymore as ill benefit payments are paid into another building society.
If that is the case i guess i should wait until the overdraft is paid up
They shouldn't really do that as it would be construed as 'retaliatory action' which the FSA rules against. I don't, however, think that they will but if it were to happen, a stern letter reminding them of the FSA's action against banks who do such things will probably have a positive effect.
Best wishes
'Fortune favours the brave.'
Any advice given is purely on the basis of my own views and opinions and offered in good faith.
Ok ive prepared a Pre Lim letter to send to the co-op for the PPI and prepared a spreadsheet in anticipation although im not sure what the settlement figures would have been as one loan was settled and another taken out there where not settled into the next loan as i paid then off but the settlements are sure to be a rough deal.
Now ive noticed since i got £2600 back from them early last year there have been more charges put on my bank account to the tune of £370 do i do a separate pre lim letter for these charges.
I do not need to sed an S.A.R for these as i have all my agreements for the loans and i found out the charges online as all my statements are there since i last claimed.
Finally is it ok for me to post my pre lim for the loans on here via photobucket as id like someone to check it first as im not that good at putting a letter together due to a stroke i had and someone may be able to beef it up a bit.
Would be grateful if this can be checked and beefed up if need be Thanks
Regards
Leon
Hello Leon,
Letter look good, bits in it look familiar:grin:
I can see that you have put very good reasons for mis-selling.
I did put in my targets to resolve, the PPI cost, the interest they applied to it, I then worked out the interest I wanted on top, ie their contractual interest ??? or if the Statutory interest of 8% was higher,(which I doubt) used that one.
Just a thought
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
Thank You Hellhasnofury yes due to my stroke I'm not as good as i used to be at composing letters so i must admit i searched the PPI forum and nicked bits of text from other peoples letters some of which may have been yours i propose sending this off first as there is no need for an S.A.R because i have all my agreements and wait the 2 weeks for a response.
I have prepared an excel spreadsheet in anticipation using the contractual interest rate as i want back what i paid over the 4 loans the interest rate varied from 7% to 11.89%.
ill post the spreadsheet on here in a bit so you can check for any errors.
Thank You Hellhasnofury yes due to my stroke I'm not as good as i used to be at composing letters so i must admit i searched the PPI forum and nicked bits of text from other peoples letters some of which may have been yours i propose sending this off first as there is no need for an S.A.R because i have all my agreements and wait the 2 weeks for a response.
I have prepared an excel spreadsheet in anticipation using the contractual interest rate as i want back what i paid over the 4 loans the interest rate varied from 7% to 11.89%.
ill post the spreadsheet on here in a bit so you can check for any errors.
Regards
Leon
Way to go! use what you can when you can, it's an open forum and anyone is welcome to use my stuff if it helps get their money back. As far as I am concerned the aim of the game is teamwork
I can be ok at complaints and ok at letters and ok at research and ok at editing but am absolutely no good at sums and spreadsheets. I have tried but I have needed support in this area, However there are folks on the forum who are good with sums and figures.
This is the reply i had to the letter above i sent to CO-OP RE PPI
Should i just set on this for a while and wait or should i follow up with another letter.
Is it now time to send in my spreadsheet which i have prepared although im not sure what the small rebates were when i settled the loans as this i need to add to the loans.
I guess i need to send a letter and ask for this information.
it appears they have sent back your Statutory £10.00 fee saying you have not requested a Subject access request (SAR). You will need to ask for a SAR and resubmit your Fee of £10.00 to ensure you get all the data you request and that should be everything relating to you as a Data Subject within their organisation. Please see the following..............
For legal issues relating to Data Protection check this link...Lots of very useful info in understandable terms. Data Protection | OUT-LAW.COM
it includes the following and much much more Negotiating with the Data Subject (This should be important to Banks)
At this stage, it is advisable to negotiate with the data subject. The location information the data subject will have already given will give a clue as to what it is the data subject really wants to have information about. The benefit of the Data Protection Act 1998 is that it allows data controllers to negotiate with data subjects to get the data subject to specify the exact information he or she wishes to receive.
The data controller is entitled to ask for a fee of £10 and two further pieces of information. Firstly, the data controller must satisfy himself that the person making the request is, in fact, the data subject. The use of a Subject access request form is advised, since the greatest breach of a data controller's security is for the data controller to satisfy a subject access request made by a person impersonating the data subject. The use of the form goes towards proving that the data controller has adequate identification and verification procedures in place. Secondly, the data controller is entitled to ask the data subject for further information to enable the data controller to locate the information which that person seeks.
When the last of these three pieces of information has been obtained, the forty day period starts to run. It is advisable to put procedures in place to ensure that the receipt of the request and the further information is correctly dated so that an organisation knows how long it has to satisfy the subject access request.
However, if the data subject is adamant that he or she wishes to receive a copy of everything the data controller holds on him or her, then there is very little the data controller can do about this, and a completely exhaustive search of the computerised and manually held data in the organisation will be required. (nice to know what you see in the Act is what you get)
It is very important that you request all data in whatever format they hold electronic, paper, tape, microfische, cd, carbon copies absolutely everything. This will then give you the grounding to start a comprehensive claim.
You should be able to go back 6 years although depending on circumstance and whether you go first to fos and then Court will depend on how far back you can claim. The FOS may look at claims prior to 2005 if the company you claim from was regulated at the time.
That would be 6 years from the last transaction on any account you wish to claim against.
Pompeyfaith v Co-op PPI
i think i read somewhere it was 7 yrs but im not 100% on that.
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Originally Posted by alanalana
