Thread: Abbey miss-sold me PPI, can I dispute my CCA?

Hi can any give me any advice please?


I believe I was miss-sold Payment Protection Insurance when I applied for my Abbey credit card in 1999. I was pressured during a phone call to take the PPI or risk losing the credit facility they were offering me. I will post some links below to let you have a look and decide if you were mis-sold. Last year I wrote to Abbey to inform them of my belief and asked for all details of PPI payments as well as any charges I had incurred due to late payments. Abbey provided me with both which equated to over £600. Did they provide a breakdown as to what was PPI and what was charges? I then asked for a full refund on these charges plus 8% interest. Soon after I noticed that Abbey had made a £182 credit to my account which they called “CAO Fee Refund”. Did you ask what this was and if so what was it?

The account is now in dispute as I recently requested a CCA from Abbey, to which they have failed to respond to. Was the CCA request in line with the Consumer Credit Act 1974 s77 to s79 and did you send the statutory £1.00 fee?

Should I just continue along the CCA route and dispute that an agreement exists or is it possible to dispute the agreement due to the miss-selling of PPI and the additional interest this has brought about?

I would tend to treat this as two separate issues firstly try and ascertain if you consider the PPI was mis-sold to you. If you are not certain then send abbey a Subject access request with the statutory fee of £10.00 (lots of statutory fees involved but worth the expense IMO)

The SAR should provide you within 40 days a true copy of the credit agreement, terms and conditions for that agreement, statement of account, and any other data associated with that agreement, ie letters, files etc including phone call recordings or transcripts but you must try and assist by giving information to abbey to enable them to find the relevent calls.

I would wait until you get the result of the SAR and or CCA as long as you have sent the required fees.


Any advice would be really appreciated.


Thanks.

For claims before 2005 and the FSA ruling from which campaign
How to tell if you’ve been mis-sold PPI
Quick check: were you mis-sold? - How to tell if you’ve been mis-sold PPI


These links from here loads more information in this that may help it is long but gets you in the mood to get yer money back,

links

I can confirm that I was definately mis-sold the PPI for atleast one of those reasons. When I requested details of all payments I had made, I recieved recieved details of all charges and PPI charges in 2 seperate letters last September, these dated back to 2003. I noticed the CAO Refund on my next bill after I had requested a refund. As I said this was much less than the amount I had asked to have refunded. I have not had an explanation for this payment as I started to get too bogged down with my other debts. I would write again asking for a full explanation of the CAO (what is CAO) refund. Now that I feel I am taking back control of things I would like to resolve this issue.

When I requested my CCA on the 20 Feb, I sent the appropriate letter and £1 fee, but have not yet recieved a response. Abbey had 12+2 days in law to responed to your cca so you are within your right to put the account into dispute (but you will need to have proof they received it)Since then I have also sent an account dispute letter. Did you send the cca letter recorded delivery? and do you have proof of delivery? abbey could dispute receipt and cause problems with the account in dispute letter. It is best to send all correspondence at least recorded to be signed for as you can track and ensure delivery electronically. (print all the pages as these can be sent to the fos and/or used if you go to court).

So do you think I should deal with PPI, Charges and CCA as seperate case? IMO yes firstly go for the PPI mis-selling

Thanks.

Despite all the adverse publicity financial institutions are still putting up barriers to delay and stall them repaying.

Please have a look at the info in here some links could well be of use on the PPI front............links

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I will pursue the PPI first and question the 'CAO refund'.

I sent the CCA request by recorded delivery and have proof of reciept on the 23/02/09. Please confirm date as 23/02 before taking dispute action.

According to the CCA 1974 Abbey, by virtue of not responding to your cca request, are now in fact, breaking the law. You can put your account into dispute if you wish.

Any views on how I should deal with this latest letter from Abbey. I also recieved an Identical letter from MBNA the same day followed by my CCA a few days later.

Firstly their letter is to late dated April in response to a CCA request on 20 February and even now they are stating they will respond under seperate cover. They had 14 days plus 2 for postage to respond so you can if you wish insist the account is in dispute under your s78 CCA 1974 request. This means you could stop any further payments on the account until they produce a true copy of your Consumer Credit Agreement as per your request.

If you do this the chances are they will issue a default notice and you should ensure if this happens that you are given the required full 14 days to settle the account. You should if you receive a DN keep the letter and envelope this is to ensure they have given you the correct amount of time to respond.

The main aim though is to make them produce a true copy of the cca if they do not produce a true copy of the cca by virtue of your s78 or SAR request and you have the account in dispute they cannot issue a DN whilst the account is in dispute.

This thread is worth a serious look....

StayingCalm vs Abbey with no CCA**WON**

I would fill in their form and see what turns up in regard to CCA and PPI.

If they fail to respond to your request for a PPI refund of all the premiums with interest and the statutory 8% the choice of actions is then up to you. fos or Court if it is Court you will need to be prepared as with the above link.

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If you have not already sent a Subject access request the this is the way forward. Just complete their form and send the fee back asking for all the data.

You could add on to the form that you require specifically the needs and wants/ customer duty of care questionnaire that should have been completed at the point of sale. This should have been completed by one of their advisors and should have tick boxes ensuring all the appropriate questions were asked to ensure the product was suitable for you.

This is the firt instance where I have seen a bank actually sending out this type of SAR information. Please see the letter the CAG would normally send and compare.......Data Protection Act 1998 - Subject access request