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.

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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.

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  1. #1
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    Default HammyUK v First National/GE Money

    Right struggling like a lot of people on here with not working since last september after my accident.:cry:
    Took out a loan with First National in September 2004 through a conservatory provider. Had a few problems with the provider which were sorted eventually and they then released payment. The loan was for £10.5k over 180 months.
    Now after going through all our paperork to see where we have PPIicon and who to call, etc have found we have PPI o the FN loan which runs out in this september.
    Looking at the paperwork, we only have an application form which was signed with the sales rep in our house and an acceptance letter which came afterwards.
    HOWEVER looking at the form there appear to b all the required terms, APR, etc BUT it looks like the PPI was added to the cost of the loan.
    NOW isn't this not allowed?
    Does this void the agreement if there actually is one?






  2. #2
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    Default Re: HammyUK v First National/GE Money

    Right struggling like a lot of people on here with not working since last september after my accident.:cry:
    Took out a loan with First National in September 2004 through a conservatory provider. Had a few problems with the provider which were sorted eventually and they then released payment. The loan was for £10.5k over 180 months.
    Now after going through all our paperork to see where we have PPIicon and who to call, etc have found we have PPI o the FN loan which runs out in this september.
    Looking at the paperwork, we only have an application form which was signed with the sales rep in our house and an acceptance letter which came afterwards.
    HOWEVER looking at the form there appear to b all the required terms, APR, etc BUT it looks like the PPI was added to the cost of the loan.
    NOW isn't this not allowed?
    Does this void the agreement if there actually is one?
    Your Consumer Credit Agreement is illegible in some areas so It would be inappropriate for me to comment. Can you post a copy which is much clearer so folks can see the full detail before committing.

    Is the payment protection the £724.02 figure?

    If it is and it is included in the CCA then there is a question mark over it
    but you will need to look in this thread for more advice.....

    Is My Agreement Enforceable - Useful

    and also here....

    Multiple agreements falling within section 18 CCA 1974

    IMO the Insurance and the Loan should be separate issues and require two signatures. They should not be linked but you will need to get further advice from the links above.

    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.

  3. #3
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    Default Re: HammyUK v First National/GE Money

    They don't seem to have complied with Section 68 of the Consumer Credit Act which gives a 5 day cooling-off period. You signed on 28/09/2004 and they signed on 30/09/2004.

    Cooling-off period

    68. The debtor or hirer may serve notice of cancellation of a cancellable agreement between his signing of the unexecuted agreement and—

    (a) the end of the fifth day following the day on which he received a copy under section 63(2) or a notice under section 64(1)(b), or

    (b) if (by virtue of regulations made under section 64(4)) section 64(1)(b) does not apply, the end of the fourteenth day following the day on which he signed the unexecuted agreement.

    enamae


  4. #4
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    Default Re: HammyUK v First National/GE Money

    Hammy, I've unapproved your post which includes your credit agreement as it includes personal details. Could you post it again without them please.

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



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    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
    Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  5. #5
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    Default Re: HammyUK v First National/GE Money

    Interesting.........
    With the PPIicon, they sent a seperate letter above with the details but it is included on both the app form and the acceptance letter in the total amount.


  6. #6
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    Default Re: HammyUK v First National/GE Money

    Hammy you need to remove your First National Account Number from the Schedule.


    enamae


  7. #7

  8. #8
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    Default Re: HammyUK v First National/GE Money

    Subscribing with interesticon.

    In a similar situation.

    'Had' to have PPIicon even though I was self employed or the loan wouldnt be 'approved', also told that OH would be covered (which she isnt) and the ppi only covers 5 years not duration of the agreement (which wasnt stated at the time).

    Like OP comments, PPI added to the loan, no cooling off period (they signed two days after we did. Like OP only have a bad copy of the agreement.

    Already started my own thread on this one.

    Beachy


  9. #9
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    Default Re: HammyUK v First National/GE Money

    Its ridiculous that they have got away with it for so long - guess its that we have always believed that they "knew" what they were doing and would do it properly


  10. #10
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    Default Re: HammyUK v First National/GE Money

    Hammy, dont know if your going after the PPIicon, I will be, but if you do be prepared for their 'we weren't regulated at the time so we reject your complaint'.

    I have sent off for a true copy of the agreement, as the customer copy we have is of poor quality, I would like to see the agreement be a multi agreement and thus could be unenforceable as ppi has been added as a 'credit' which means that interesticon is payable also ( if that makes sense), still reading up on multi agreements.

    Beachy


  11. #11
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    Default Re: HammyUK v First National/GE Money

    The PPIicon is definately what I'm after as I wasn't aware it was on there!
    It def looks lik a multi agreement as it is showing total charge, etc although theres an awful lot of "small print" on the reverse which I'm still trawling through


  12. #12
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    Default Re: HammyUK v First National/GE Money

    First National/GE Money come under the Financial Services Authority, and will advise you to contact them.

    enamae


  13. #13
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    Default Re: HammyUK v First National/GE Money

    Quote Originally Posted by enamae View Post
    First National/GE Money come under the Financial Services Authority, and will advise you to contact them.

    enamae

    Slight correction - pre January 2005 agreements fall under the FLA, Finance & Leasing Association.

    I know because GE wont entertain mis selling PPIicon And keep telling me to contact FLA which if you look around the forum is a complete waste of time

    Beachy


  14. #14
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    Default Re: HammyUK v First National/GE Money

    Quote Originally Posted by beachcomber60 View Post
    Slight correction - pre January 2005 agreements fall under the FLA, Finance & Leasing Association.

    I know because GE wont entertain mis selling PPIicon And keep telling me to contact FLA which if you look around the forum is a complete waste of time

    Beachy
    My mistake.

    I should and did know this as I'm also having problems claiming back PPI from GE money who have pointed me in the direction of the FLA.

    enamae


  15. #15
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    Default Re: HammyUK v First National/GE Money

    Hi,
    Don't know if it makes any difference but in small print at the bottom of First National's paperwork it declares:-
    A member of the Abbeyicon National Group

    Pursuing similar claim myself & getting similar results.
    Andrew


  16. #16
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    Default Re: HammyUK v First National/GE Money

    Quote Originally Posted by kopstar1965 View Post
    Hi,
    Don't know if it makes any difference but in small print at the bottom of First National's paperwork it declares:-
    A member of the Abbeyicon National Group

    Pursuing similar claim myself & getting similar results.
    Andrew
    Strange that one, whats the date of your agreement as First National is part of GE Money Home Lending.

    Beachy


  17. #17
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    Default Re: HammyUK v First National/GE Money

    My claim stems from an agreement dated January 2002, pre Abbeyicon selling FN off to GE Money in 2003, also found this from 2001 on wayback:-

    "The Company
    This Site is made available by First National Bank Plc, a company registered in England (Company Registration No: 592986) whose registered office is at First National House, College Road, Harrow, Middlesex, HA1 1FB, United Kingdom.
    First National is an authorised institution under the Banking Act 1987 and is regulated by the Financial Services Authority."


  18. #18
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    Default Re: HammyUK v First National/GE Money

    I don't really care who owns who - they have mis-soldicon the policy, added it to the loan and charged fook loads of interesticon on it.
    I want it back as they won't pay out on it - so its useless.


  19. #19
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    Default Re: HammyUK v First National/GE Money

    I know, I know, but people should care.
    In my case they were regulated by the FSA when I took it out, in yours the FLA, i don't know how much joy anyone will get from the FLA, sounds like a members association, self regulation etc.
    Consumers need to be aware of these things, if the company is outside the FSA your options are limited.
    Andrew


  20. #20
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    Default Re: HammyUK v First National/GE Money

    Well if they're outside of the FSA then how regulated is it then?
    Can those of us who have this "problem" not treat them the way they have treated us? If they aren't regulated then how far can they push it?



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