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.
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.
They have only sent statements for the last 6 years! They say that they do not have anything else on file, nothing at all... The account has been open for at least 15 years.
I was then thinking... should I ask for a copy of the original credit agreement? Is there something along the lines of that if they don't have a copy, then you're not liable for the debt or something like that? Or does that not apply to credit cards?
Now all the statements clearly show PPI etc. so if they say they don't hold anything longer than 6 years, I'm just thinking about all the PPI already paid for the previous 9 years etc.
Any tips on how I should approach this or the next step?
They have only sent statements for the last 6 years! They say that they do not have anything else on file, nothing at all... The account has been open for at least 15 years.
I was then thinking... should I ask for a copy of the original credit agreement? Is there something along the lines of that if they don't have a copy, then you're not liable for the debt or something like that? Or does that not apply to credit cards?
Now all the statements clearly show PPI etc. so if they say they don't hold anything longer than 6 years, I'm just thinking about all the PPI already paid for the previous 9 years etc.
Any tips on how I should approach this or the next step?
You are correct in you assumptions on the provision of documentation.
This is a minefield but you are correct with your statement that if no true copy of the original Consumer Credit Agreement exists then you can put the account into dispute and stop paying. I would at this point suggest you seek further advice from other forums, I say this because if you put the account into a dispute due to the lack of a Valid CCA then they could play dirty allegedly and ask for full settlement by putting the accound into default, issuing a default notice and requesting immediate payment of the outstanding arrears. You will need to seek more professional advice on these issues.
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.
They have only sent statements for the last 6 years! They say that they do not have anything else on file, nothing at all... The account has been open for at least 15 years.
I was then thinking... should I ask for a copy of the original credit agreement? Is there something along the lines of that if they don't have a copy, then you're not liable for the debt or something like that? Or does that not apply to credit cards?
Now all the statements clearly show PPI etc. so if they say they don't hold anything longer than 6 years, I'm just thinking about all the PPI already paid for the previous 9 years etc.
Any tips on how I should approach this or the next step?
Would you be able to post up a copy of your SAR and the letter your received stating they do not hold any response beyond 6 years. I believe this is wrong you should be able to claim back to the start of your agreement.
If you do not wish to post on the open forum please feel free to PM me with the information. It is important that the banks are halted in their tracks for trying to prevent disclosure of data beyond 6 years. They are actually abusing the FSA guidelines on treatment of customers and the Data Protection Act 1998.
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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.
MM versus Barclaycard
typed up, £10 cheque included, ready to post.
The Consumer Forums
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Originally Posted by MontanaMontana
