Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default NewWardFC vs Natwest !

    Hello, I need some assistance please. Approx 12-18 mths ago Natwesticon paid me £3.5k relating to my bank charges..A thought occured to me, that over the years, I have been encouraged by Natwest to take out consolidation loan after consolidation loan, to clear the overdrafticon ( ie the charges levied on my account, and other living expenses. ) So now I have been paid back the charges, the amount I borrowed on my loan, should be reduced? ( ie the difference between the charges and interest ) am I right, or getting confused. Say my loan is £15k, it would really only be £11k..

    I am also chasing them for PPIicon and enforceability of the loan I have with them..also dealing with M&S, MBNAicon as well!

    This site is great, by the way ! I will be making a considerable donationicon - should I be successful!!

    Similar Threads:

  2. #2
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    Default Re: NewWardFC vs Natwest !

    Quote Originally Posted by newwardfc View Post
    Hello, I need some assistance please. Approx 12-18 mths ago Natwesticon paid me £3.5k relating to my bank charges..A thought occured to me, that over the years, I have been encouraged by Natwest to take out consolidation loan after consolidation loan, to clear the overdrafticon ( ie the charges levied on my account, and other living expenses. ) So now I have been paid back the charges, the amount I borrowed on my loan, should be reduced? ( ie the difference between the charges and interest ) am I right, or getting confused. Say my loan is £15k, it would really only be £11k..

    I am also chasing them for PPIicon and enforceability of the loan I have with them..also dealing with M&S, MBNAicon as well!

    This site is great, by the way ! I will be making a considerable donationicon - should I be successful!!
    Hello NewWard,

    Oh you are going to be very busy eh I am an exNasty customer

    Regarding your first question regarding the consolidation loans, I don't thing they will entertain reducing your balance as a result of bank charges, especially when they have refunded them back More's the pity

    I do understand where your are coming from with this. If they hadn't taken the money in the first place, you may have been in a better position financially, not to have taken out a loan to see you by. They do know (watching accounts) this and will jump to be so helpful to sort out your financial affairs, you think, great and can't believe how helpful they have been.

    Next thing loan with ppi added, Loads more money for them

    So where are you at with them now??????

    And what your fight with M&S and mbna. I also have experience with these two as well, and not for the better I might add

    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

  3. #3
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    Default Re: NewWardFC vs Natwest !

    I aim claiming back my PPIicon, and I have a case reference. I have chased them weekly for the last few weeks ( they have had it since 20th Nov ). I called today and ended up speaking to a really arrogant twa*..he said, cases are taking us up to a couple of months now.. so call us back in Feb - dont think so.. I will call them every single week!! I want to send them a letter re reducing my balance, as it cannot hurt, but I am just thinking of how I phrase it... I noticed a case on here the other day, where Janet-M?? had charges refunded back, and something similar to what I am proposing.

    MBNAicon - account closed with them in May 05, they have recognised request and will come back to me.. same with M&S. I have been reading a lot of your comments on the various threads with interesticon..as and when I get more from them, I'll be in touch with you.

    They paid up on my charges after just one letter !!

    I have also queried my council tax, as my mum and dad received a refund from their local council of £2.5k, as they had been given a wrong banding - their house was built in 1998. Its a small street, but up to 20 people claimed back similar amounts to this from the council.. hahaha!!


  4. #4
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    Default Re: NewWardFC vs Natwest !

    Quote Originally Posted by newwardfc View Post
    I aim claiming back my PPIicon, and I have a case reference. I have chased them weekly for the last few weeks ( they have had it since 20th Nov ). I called today and ended up speaking to a really arrogant twa*..he said, cases are taking us up to a couple of months now.. so call us back in Feb - dont think so.. I will call them every single week!! I want to send them a letter re reducing my balance, as it cannot hurt, but I am just thinking of how I phrase it... I noticed a case on here the other day, where Janet-M?? had charges refunded back, and something similar to what I am proposing.

    MBNAicon - account closed with them in May 05, they have recognised request and will come back to me.. same with M&S. I have been reading a lot of your comments on the various threads with interesticon..as and when I get more from them, I'll be in touch with you.

    They paid up on my charges after just one letter !!

    I have also queried my council tax, as my mum and dad received a refund from their local council of £2.5k, as they had been given a wrong banding - their house was built in 1998. Its a small street, but up to 20 people claimed back similar amounts to this from the council.. hahaha!!
    Hello Newward,

    Good for you, if you don't ask, you don't get and of course you can have a good arguement with them. Thats the bit I like the best They also presumme to know everything and blind you with the untruths and they hate a unco-operative customer that won't accept their mis-representations and fights back

    Really glad to hear about the council tax refunds, I checked mine out but it was correct. I just make them work hard now with the re-cycling milarky. This is something that needs looking into. I strongly object to sorting out rubbish, so they can sell it,and make a profit(apart from if they opened up accounts in Iceland) doesnt reflect in any reduction to my payments for council tax.

    Back to the matter in hand, what have you got with M&S loan or credit card???????

    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

  5. #5
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    Default Re: NewWardFC vs Natwest !

    I have a credit card with them..I don't ever recall asking for PPIicon. Will see what they say eh?


  6. #6
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    Default Re: NewWardFC vs Natwest !

    Quote Originally Posted by newward View Post
    I have a credit card with them..I don't ever recall asking for PPIicon. Will see what they say eh?
    When did you take it out???? Was it originally a store card??????? then upgraded???????

    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

  7. #7
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    Default Re: NewWardFC vs Natwest !

    yes, it was actually..thinking about it, I don't ever remember applying for the credit card must be about 9 years ago


  8. #8
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    Default Re: NewWardFC vs Natwest !

    Quote Originally Posted by newward View Post
    yes, it was actually..thinking about it, I don't ever remember applying for the credit card must be about 9 years ago
    This may be of some interesticon to you From an archived this is money

    Consumer advice
    Marks makes sparks
    Richard Dyson, Mail on Sunday
    24 September 2003
    THE financial arm of Marks & Spencer has become the first major company to break the Banking Code, the voluntary rulebook agreed by the banking and credit card industry.


    precedented move: Laurel Powers-Freeling
    M&S Money, which is poised to launch its '&more' credit card business in the next fortnight, has ignored the rule that forbids lenders from sending cards to people who have not asked for them.
    Within days, M&S will post its new MasterCard to 2.6m people. In all but a handful of cases, the recipients will not have requested the cards. Instead, they will be targeted because they are on the company's database of five million store card customers.
    The move, seen by rivals as unprecedented and extremely aggressive, will at a stroke transform M&S into Britain's sixth-biggest credit card company.
    Up to £4bn of fresh credit will be offered to consumers who have not asked for it.
    The Banking Code has been drawn up and modified over several years to promote good practice and fairness to consumers. The code clearly states: 'We will send you a card only if you ask for one or to replace a card you already have.'
    M&S's card launch is being overseen by Laurel Powers-Freeling, formerly of Lloydsicon TSB and now chief executive of M&S Money.
    She says the new &more cards are simply 'replacements' or 'upgrades' for existing store cards. But in practice, the cards are completely different - store cards can be used only in M&S shops and typically impose low spending limits.
    The new cards can be used anywhere and the average spending limits are likely to be at least doubled, according to M&S.
    The code is enforced by the Banking Code's Standard Board (BCSB), which is now in an embarrassing position. In private, it has expressed concern at M&S's tactic. But publicly, it is allowing M&S to wriggle off the hook because the code is not set to apply officially to M&S until next summer.
    BCSB chief executive Seymour Fortescue says: 'M&S is still in the process of applying to subscribe to the code, so we don't yet have official jurisdiction over its activities. Only when it is fully covered can we force it to comply.'
    M&S's move, coming as card issuers face increased scrutiny from MPs on the powerful Treasury Select Committee, has also plunged the High Street giant into political hot water. Vince Cable MP, the Liberal Democrat industry spokesman, has called for all uninvited offers of credit to be outlawed.
    Of M&S's card launch, he says: 'It is unsolicited debt promotion by any other name, whatever the company says. It's very dangerous.'
    And he warned: 'If and when the current economic bubble bursts, a lot of people will find themselves in difficulties. M&S will have a direct responsibility.'
    An M&S spokesman said: 'We are offering existing customers an improved service. We are not sending cards to people with whom we have no relationship. Our credit limits are extremely prudent. We can say, hand on heart, that we are a responsible lender.'


    Do you have your application from, oops sorry credit agreement from them yer





    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

  9. #9
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    Default Re: NewWardFC vs Natwest !

    thank you for that, more ammunition !! I am hitting them with PPIicon, but of course I will try another tact, in terms of an unsolicited credit card. I will ask for a signed copy of my credit agreement! Doing the letter now!


  10. #10
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    Default Re: NewWardFC vs Natwest !

    letter sent to m&s, quoting parts of the above, in relation to my complaint, that I was one of those customers sent the credit card, in an unsolicited manner.. have threatened them with MP, local & national media, OFT, Ombudsmanicon, if they don't treat my complaint seriously, and conclude in a manner that I am happy with. Also fired off a letter to Natwest re the loan I am paying - that as far as I concerned a proportion of is made up of charges - that have since been refunded - why am I still paying back, and my other complaint is related to my overdrafticon.

    The last couple of years I have had a 5k overdraft, due to unforseen circumstances such as costly car repairs,my wife falling out of work, etc etc.. I am lucky enough to get a yearly bonus from work ( prob not this year !!) that enabled me to clear the overdraft down from 5k, to 0. I then set my overdraft limit at just £500. Its been a bit of a tough year for me so I keep teetering near to my limit, as my wife works in a service industry - so because of the recessionary pressures - her earning ability has been impacted.. when I spoke to Natwest, their attitude was that I would have been better off leaving my overdraft at 4500, as I am now treated as a high risk customer by Natwest and they have passed my account to a collections are, as I am near my limit all the time - essentially they are encouraging you be in debt- they should be encouraging people to de-leverage their finances! I have no CCJ's, defaults or anything - and i am working my bones off to keep the roof over my head.


  11. #11
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    Default Re: NewWardFC vs Natwest !

    Hello newward,

    letter sent to m&s, quoting parts of the above, in relation to my complaint, that I was one of those customers sent the credit card, in an unsolicited manner.. (That's the way they do business unsolicited, don't call us we'll call you with an offer you cannot refuse) have threatened them with MP, local & national media, OFT, Ombudsmanicon, (Excellent but you missed out Trading Standards, Financial Services Authority,British Bankers Association and the Information Commissioners Office) ( You get an A+ for the MP and a degree for the local and national media) if they don't treat my complaint seriously, and conclude in a manner that I am happy with. Also fired off a letter to Natwest re the loan I am paying - that as far as I concerned a proportion of is made up of charges - that have since been refunded - why am I still paying back, and my other complaint is related to my overdrafticon.
    Hellhasnofury just loves Natwest so you will no doubt get massive support in your quest. This was just a morale booster and good luck with your quest

    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

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    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.

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    Default Re: NewWardFC vs Natwest !

    haha, thx for your support also!! I haven't actually posted it yet, its sealed with a stamp, and I was going to post it in the morning, will re-do the letter and add the others as well..


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    Default Re: NewWardFC vs Natwest !

    Just had a phone callicon from Natwesticon/RBSicon PPIicon investigations department, from a rather nice chap called Alan Mountford. He mentioned that everything in my letter seemed in order, but to clarify was I claiming that I was mis-sold PPI on just this loan, or all loans in recent years - of which there are about 4-5. He apologised, and explained that because there are now 4-5 loans to investigate, it will take slightly longer. If I could reclaim on those - that would potentially be ££££'s. Just makes a change to speak to someone who was understanding, and who seemed to want to help..


  14. #14
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    Default Re: NewWardFC vs Natwest !

    Quote Originally Posted by newwardfc View Post
    Just had a phone callicon from Natwesticon/RBSicon PPIicon investigations department, from a rather nice chap called Alan Mountford. He mentioned that everything in my letter seemed in order, but to clarify was I claiming that I was mis-sold PPI on just this loan, or all loans in recent years - of which there are about 4-5. He apologised, and explained that because there are now 4-5 loans to investigate, it will take slightly longer. If I could reclaim on those - that would potentially be ££££'s. Just makes a change to speak to someone who was understanding, and who seemed to want to help..
    Hello Newward,


    Can you please pm me with the address for the nasty/RuBiSh investigations department, I think I feel a letter coming on

    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

  15. #15
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    Default Re: NewWardFC vs Natwest !

    will do HHNF.. So, I have just come in from work, and find a reply to my letter to Natwesticon, with regards to requesting a copy of my credit agreement for my loan.." we regret to inform you that the loan agreement has been misfiled, and despite searching records, we have been unable to locate it. Regrettably we are able to fully comply with your request made under s.77, CC Act. But they have provided me with a list of financial information??

    It shows the amount of loan , 18k taken out apr 06, the amount I pay each month,and what I have paid to date - over 10k, but my balance is still more than the loan i actually took out?! They then out line what payments I need to make each month for the next few years. There is no mention of APR, PPIicon etc etc on this document.

    Who here reckons I have a case? and whats my next move? I also have a PPI case - outlined in the previous thread as well. So I am keen to move on with this loan issue - ie if its not enforceable, and I wonder if I should drop one, and pursue the other, or both!!


  16. #16
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    Default Re: NewWardFC vs Natwest !

    Marks & Spencer have replied to my letter today, refusing to refund me on PPIicon. in short, their defence is as follows : " your account orginated as a chargecard in 1997, I was "offered" the chance to upgrade to their credit card in 2003, they say they sent me the credit card, after sending me a letter, they said this letter explained that if I didn't want the card, all I needed to do - was to contact them - ! then this is the bit i am confused about " the application form that I completed, asked you to tick and sign the insurance section - if i wanted the cover" - but this is the point, i didn't ever reply to their unsolicited letter.re the card. They say I signed an application form for PPI, but back in 1997, when I had the chargecard originally- AM I TO TAKE THEIR WORD on this ? they go on to say blah blah you have had more than enough time to cancel this policy etc.. and then the last paragraph is interesting - but confusing , " when this policy was applied to your account in 1997, m&s financial services acted as un-authorised intermediary for sale of PPI - and were not a bank or a member of the GISC at the time of the sale - does this essentially mean they can exonorate themselves from this situation? I am so annoyed with them!!


  17. #17
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    Default Re: NewWardFC vs Natwest !

    Quote Originally Posted by newward View Post
    Marks & Spencer have replied to my letter today, refusing to refund me on PPIicon. in short, their defence is as follows : " your account orginated as a chargecard in 1997, I was "offered" the chance to upgrade to their credit card in 2003, they say they sent me the credit card, after sending me a letter, they said this letter explained that if I didn't want the card, all I needed to do - was to contact them - ! then this is the bit i am confused about " the application form that I completed, asked you to tick and sign the insurance section - if i wanted the cover" - but this is the point, i didn't ever reply to their unsolicited letter.re the card. They say I signed an application form for PPI, but back in 1997, when I had the chargecard originally- AM I TO TAKE THEIR WORD on this ? they go on to say blah blah you have had more than enough time to cancel this policy etc.. and then the last paragraph is interesting - but confusing , " when this policy was applied to your account in 1997, m&s financial services acted as un-authorised intermediary for sale of PPI - and were not a bank or a member of the GISC at the time of the sale - does this essentially mean they can exonorate themselves from this situation? I am so annoyed with them!!
    Hello Newward,

    Yes they are very annoying and very dishonest as well. I have had all of the cr8p from this aswell, but I did not even have ppi on my alleged account.

    Your application form that you signed is unenforceable IMO, but they will deny this of course they won't exactly put their hands up and say OK FAIR COP you've got us there. They have to deny these facts because they know the consequences.

    I argued of the fact that the application form did not contain all of the prescribed terms therefore rendering it unenforcable, the store card account no will have a different account no as well, so I have insisted on seeing a copy of this credit agreement. I also asked for evidence of this mysterious mailer that they sent me;-) Ask for it, they will send you a template mailer showing you what it would have looked like

    Keep at them my dear:grin: They are not as big or powerful as they like to think they are.;-)

    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

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    Default Re: NewWardFC vs Natwest !

    hiya, thanks, I will do that..highlighting the points you and I have made.


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    Default Re: NewWardFC vs Natwest !

    I spoke to the banks PPIicon claims team today. They have told me they are sending me a letter out today. They are now investigating 7 loans that I have had with them, over the last 13 years.. this was consolidation of debt/overdrafticon etc etc - they say they have another 8 weeks now to investigate because they are investigating all of them together. I went to them with just the query on one loan ( they now subsequently cannot find the loan agreement - thats on a different thread! ) back at the end of November. Are they just wasting my time ? or do I potentially look forward to receiving PPI back on all of these loans - should I be sucessful. Happy new year to you all.


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    Default Re: NewWardFC vs Natwest !

    (Hello newwardfc,

    I spoke to the banks PPIicon claims team today. They have told me they are sending me a letter out today. They are now investigating 7 loans that I have had with them, over the last 13 years.. this was consolidation of debt/overdrafticon etc etc - they say they have another 8 weeks now to investigate because they are investigating all of them together. They do have a Statutory 8 weeks to respond or not respond after the 8 weeks you can go to the Financial Ombudsmanicon Service and if that does not work you can submit a claim to the county courticon. I went to them with just the query on one loan ( they now subsequently cannot find the loan agreement - thats on a different thread! ) (If they have no Consumer Contract Agreement you can put the agreement into dispute and stop payments but seek further advice before proceeding down this route and ask for assistance on other forums) back at the end of November. Are they just wasting my time ? or do I potentially look forward to receiving PPI back on all of these loans I would look back with a view to recieving all you PPI payments with interest and the Statutory 8% simple interest on top.- should I be sucessful. Happy new year to you all.

    It is hard work long letters, postage, etc but it is worth it when you get a refund
    Please have a look at this regards claims back 11 years and the results (not in detail yet)

    alanalana PPI claim against RBS (looking for some help) please

    Anyone heard from Paintball not seen on PPI forum for a while

    You should get some information in these threads

    keep up the fight.

    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

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    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.


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