Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
this is some information for you from my investigations
Some extracts for the Unfair Terms in Consumer Contract Regulations 1999.
Check this out another approach to claim back Mis-sold PPI.
Unfair Terms 5. - (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.
(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.
(5) Schedule 2 to these Regulations contains an indicative and non-exhaustive list of the terms which may be regarded as unfair.
Assessment of unfair terms <A name=6>6. - (1) without prejudice to regulation 12, the unfairness of a contractual term shall be assessed, taking into account the nature of the goods or services for which the contract was concluded and by referring, at the time of conclusion of the contract, to all the circumstances attending the conclusion of the contract and to all the other terms of the contract or of another contract on which it is dependent.
(2) In so far as it is in plain intelligible language, the assessment of fairness of a term shall not relate-
(a) to the definition of the main subject matter of the contract, or
(b) to the adequacy of the price or remuneration, as against the goods or services supplied in exchange. Written contracts
(1) A seller or supplier shall ensure that any written term of a contract is expressed in plain, intelligible language.
(2) If there is doubt about the meaning of a written term, the interpretation which is most favourable to the consumer shall prevail but this rule shall not apply in proceedings brought under regulation 12.
Effect of unfair term
(1) An unfair term in a contract concluded with a consumer by a seller or supplier shall not be binding on the consumer.
(2) The contract shall continue to bind the parties if it is capable of continuing in existence without the unfair term.
aa you are a star on both posts thank you. The calculator was just what I needed and I will try and take what I can on the unfair contract issue.
Thanks for going to so much trouble on my behalf
Just nabbed the interest calculator and added to my favourites:grin:
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
Claim has been rejected as they were not covered by the FSA in 2003 so could just give a quote with PPI without explaining the policy and just send out the forms to be signed.
So no need for the calculator.
Claim has been rejected as they were not covered by the FSA in 2003 so could just give a quote with PPI without explaining the policy and just send out the forms to be signed.
So no need for the calculator.
Hello Pinky
What do you mean by this So no need for the calculator:-?
I do hope this does not mean that you are not going to pursue them for your refund. They will think its great to get rid of you with this statement
When they state they could quote with ppi without explaining the policy, what they actually mean is that we basically applied ppi and took your cash easy cash, but even back in 2003 although not regulated by the FSA they were regulated by somebody, so you must continue with this and not take no for an answer Let them be aware you will take this as far ad the court if necessay and let a judge decide
There is vital information regarding regulation before 2005 in the stickies, have a look there. There is the link by AA would is incredible with valuable information that is required for successful claims
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
What do you mean by this So no need for the calculator
I do hope this does not mean that you are not going to pursue them for your refund. They will think its great to get rid of you with this statement
When they state they could quote with PPI without explaining the policy, what they actually mean is that we basically applied ppi and took your cash easy cash, but even back in 2003 although not regulated by the FSA they were regulated by somebody, so you must continue with this and not take no for an answer Let them be aware you will take this as far ad the court if necessay and let a judge decide:grin:
There is vital information regarding regulation before 2005 in the stickies, have a look there. There is the link by AA would is incredible with valuable information that is required for successful claims:grin:
As hhnf has posted above I enclose extracts from the Links in the stickies.
Can I reclaim on any PPI policy?
Your claim for compensation is dependent on when you took the insurance. PPI sales only came under the jurisdiction of the FSA on 14 January 2005. Any sales made before then are not covered by the latest rules.
However, it may still be worth complaining to your lender if you feel you have been mis-sold. If you bought before January 2005 it is likely that they will have been covered by a previous regime of rules. This means that the Financial Ombudsman Service will be able to consider these complaints. If you took PPI after January 2005, your claim is subject to the latest rules.
At the moment it is on the way to the fos as they may come under voluntary jurisdiction.
Then if not I have to try the FISA .
Then the FSA says my last stop is the legal route.
No I will not give up ,but the letter was a kick in the teeth as the mis selling was blatant and they implied I was jumping on the mis selling band wagon.
£6000 + is worth fighting for.
At the moment it is on the way to the fos as they may come under voluntary jurisdiction.
Then if not I have to try the FISA .
Then the FSA says my last stop is the legal route.
No I will not give up ,but the letter was a kick in the teeth as the mis selling was blatant and they implied I was jumping on the mis selling band wagon. What absolute tosh. It is the financial institutions that have been jumping on the PPI selling bandwagon.
£6000 + is worth fighting for.
If a company is a subsidiary I expect it is covered by the company its a supsidiary of. Independent Finance didnt have a license in 2003 but Central Trust did.
Spoke to the FISA about mis selling and he said as the company was not registerd by anyone in 2003 their only obligation by the OFT was to say it was optional and back it up with documents and as there is no phone recording its a very grey area.
In a nutshell they didnt have the rules they have today so I wasnt mis sold dont waste your money going to court.
I`ve just came across this thread, as I`m in the same boat with Cetelem. A couple of guys, alanalan and Paintball are helping me out with this.
I had two accounts with them and one account they added £154.80 and on the other account they added £132.84 and called these Payment Protection Insurance.
The account with the monthly £4.30 added has just a blank line, with 4.30 at the end of it, no explanation or reference to anything.
I also received a `We weren`t registered with anyone in 2003 and 2004, so tough!` letter, but in my opinion, they have simply added £154.80 and £132.84 to these accounts and called it whatever they like, and they expect us to pay it.
Clearly this is nothing more than stealing from us. Call it what you will, but they are conning us, which is theft!
To be continued!
N.P
If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<<
It would be best to post this in your own thread to prevent any confusion.
Hi there all,
I`ve just came across this thread, as I`m in the same boat with Cetelem. A couple of guys, alanalan and Paintball are helping me out with this.
I had two accounts with them and one account they added £154.80 and on the other account they added £132.84 and called these Payment Protection Insurance.
The account with the monthly £4.30 added has just a blank line, with 4.30 at the end of it, no explanation or reference to anything.
I also received a `We weren`t registered with anyone in 2003 and 2004, so tough!` letter, but in my opinion, they have simply added £154.80 and £132.84 to these accounts and called it whatever they like, and they expect us to pay it.
Clearly this is nothing more than stealing from us. Call it what you will, but they are conning us, which is theft!
To be continued!
It just helps the helpers to keep a track on a particular case or thread without hijacking another thread.
Post up and no doubt you will get a response quick time.
aa
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
Well I have had a letter back from the fos who have said that they are asking the business for further information about the case, do you think this means this is within their (FOS) jurisdiction? I take it they wouldnt contact the company if it wasnt but dont want to get my hopes up
Well I have had a letter back from the fos who have said that they are asking the business for further information about the case, do you think this means this is within their (FOS) jurisdiction? I take it they wouldnt contact the company if it wasnt but dont want to get my hopes up
I would've thought so nico, these investigations cost money and they wouldnt waste in on something like this if they werent covered
I QUESTION THEREFORE I AM!!
Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!
Thank you, wasnt sure as the companies final response didnt think the fos would be able to look at it but I contacted them anyway.So fingers crossed.
Let us hope the FOS can take this up. The FOS by the way will charge a company £450 for every complaint made against them after a company have reached a total of 4 complaints lodged against them.
Good luck
aa
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
Having trouble using the calculator!
AMOUNT £4420
Reply With Quote
Originally Posted by pinknico
Let them be aware you will take this as far ad the court if necessay and let a judge decide
