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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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.

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

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  1. #1
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    Default British Credit Trust

    4 years ago I got a car with an online dealership and the finance was took with British Credit Trust.
    The credit agreement clearly shows that the amount im paying back over the 4 year period is £10,030. No where on this agreement does it say im paying for PPIicon and gap insurance. I did the sums and noticed that im paying £240 per month for 4 years which adds up to £11,500??

    Also my letter to confirm the payments each month clearly state that my last DD will be on 1/9/09 which I thought would be the case untill today when I rang to ask about why I had been paying more than the £10,030 and the kind lady told me that I had another payment of £240 on 1/10/09!! I asked why and she told me it's for gap insurance.

    Well after talking to her and telling her I had no idea about that or the ppi she said it was agreed over the phone when the car loan was set up.

    The thing is im really annoyed that ive been paying this for 4 years and then I have to pay another monthly payment after what I thought was the ast one. If id not rang up then I would of cancelled the DD on 1/9/09 and probably they would of charged me if they could not get to the last payment.

    I think, sorry I know I have payed over the odds for the car anyway and now they want more!

    Would I have a claim for the ppi which im assuming is the £1,500 ive payed extra over the 4 years?

    Any help would be appreciated.

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  2. #2
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    Default Re: British Credit Trust

    Also I would never of took this insurance because I have a very secure job and some aspects are covered anyway, like being payed if im off sickicon and life cover if that helps.

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  3. #3
    Site Team dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk's Avatar

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    Default Re: British Credit Trust

    yes ofcourse you can reclaim it and WITH INTERERST AT THEIR RATE!!
    then add stat 8%

    dx

    GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
    Credit Reference Agencies:Experian Equifax CallCredit <<<<CRA FILE INFO IS HERE<<<<

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan & Credit Card Charges Read Here
    4. The CAG Interest Tutorial Read Here
    5. Feel Bullied by Creditors or Debt Collectors? Read Here
    6. Staying Calm About Debt Read Here
    7. Thinking of a Full & Final Settlement? Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
    rather than hittting to be my friend - hit the star
    DX
    Siteteam

  4. #4
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    Default Re: British Credit Trust

    Is this the case even though they say i have agreed to it over the phone? You got me a bit excited now because i really could do with the money. How would i go about doing this? If i could get the help in doing it i would definitely repay my gratitude.

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  5. #5
    Site Team dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk's Avatar

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    Default Re: British Credit Trust

    its for them to prove you agreed in writing to the PPIicon
    oh you said it in a phone callicon, yea ok PROVE IT... go the tape? NO!
    you did ask for it fullstop.
    did the lady ask you ' like me' if we already have sickness cover...if she had you would of said what you just did, but i've already got that from work dear.

    go get em.

    urm lets put it this way it will be ALOT more than £1500 you get back!
    and i bet they charges you interesticon on the GAP & PPI?
    ibet they did look at the agreement calcs or post it up.
    [scan it and remove pers details but leave figures]

    dx

    GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
    Credit Reference Agencies:Experian Equifax CallCredit <<<<CRA FILE INFO IS HERE<<<<

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan & Credit Card Charges Read Here
    4. The CAG Interest Tutorial Read Here
    5. Feel Bullied by Creditors or Debt Collectors? Read Here
    6. Staying Calm About Debt Read Here
    7. Thinking of a Full & Final Settlement? Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
    rather than hittting to be my friend - hit the star
    DX
    Siteteam

  6. #6
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    Default Re: British Credit Trust

    at work at the mo and on my mobile but will post it up tomorrow. the credit agreement is hard to read though without being scanned lol. but i have the pre contract which is the same just no sig.

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  7. #7
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    Default Re: British Credit Trust

    definately try to reclaim - it is a lot of money and you certainly sound like you have good reason.

    My reclaim comes to double the cost of the actual PPIicon policy because of the interesticon they charged me on the PPI payments (as DX suspects they did with yours) and the 8% you add on. And my interest rate was relatively low compared to others I've seen on here.

    Takes a bit of time and a few letters but well worth it.


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    Default Re: British Credit Trust

    thanks for that will have a go at it. the interesticon rate on the loan is massive because i found it hard to get credit.

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  9. #9
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    Default Re: British Credit Trust

    good all the more reason to hit them then

    let see it
    dx

    GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
    Credit Reference Agencies:Experian Equifax CallCredit <<<<CRA FILE INFO IS HERE<<<<

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan & Credit Card Charges Read Here
    4. The CAG Interest Tutorial Read Here
    5. Feel Bullied by Creditors or Debt Collectors? Read Here
    6. Staying Calm About Debt Read Here
    7. Thinking of a Full & Final Settlement? Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
    rather than hittting to be my friend - hit the star
    DX
    Siteteam

  10. #10
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    Default Re: British Credit Trust

    I agreed Gap insurance and PPIicon over the phone with BCT quite some time ago. They are supposed to send you out the "Key Information" for you to go through and sign the documents.

    Also if they have'nt added the PPI and Gap Insurance to the loan, there must be some reference to it somewhere, a separate agreement for both Gap and PPI should be running alongside the main agreement.

    If they have added the insurance amounts to the principle sum then the whole agreement maybe flawed. If they have failed to incorporate the costs of the PPI correctly within the loan agreement, the entire loan and the insurance can still be deemed to be unenforceable under the Consumer Credit Act.

    Are you able to scan up the copy, minus the personal details?


  11. #11
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    Default Re: British Credit Trust

    make it my priority first thing when i get home working nights. the only signed agreement i have is for the loan and it doesn't mention any PPIicon or gap. i have a letter also confirming my monthly installments and when the first and last installments start and finish i will post that too. if the whole loan is not enforceable would that mean i could claim the whole lot back?

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  12. #12
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    Default Re: British Credit Trust

    been really busy tried to get it online but didn't have time before work will definitely post it up tomorrow. i did ring them again tonight before coming to work and was frustrated for them to say that the problem is not with them but with the broker. i told them we did not agree to payment protection and wanted the money back. i started get a bit full on with the woman which thinking back was a bit harsh but they have no signed agreement and they said it was agreed over the phone. it wasn't well i can't remember saying yes to payment protection and i have no agreement signed, also she said the broker would have the phone callicon recorded. the broker is called which? i have never in my life heard of them and they have been getting 35 quid of me for the last 4 years!

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  13. #13
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    Default Re: British Credit Trust

    You need to get the SARicon done and posted asap to start the process. Template at top of page. No point talking to them, won't get you anywhere, except even more annoyed!

    Get it all in writing to them so they have to reply to you and provide what you ask for.


  14. #14
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    Default Re: British Credit Trust

    Hi again here goes. Today I recieved all the documents they said they had about this, including the PPIicon agreement and the gap agreement, UNSIGNED! Firstly I have put the original agreement which is signed by me.

    If you keep clicking on the image it will get to the correct size so you can read it.


    These are not very good copies but thats how the original one sent to me was. Below is the Pre Contract agreement that is elegible and everything on it is the same as the one above.

    Hope this is ok. Also here is the confirmation letter sent to me about the loan. It does actually say on it that I have agreed to take out the PPI.


    Now finally the two insurance agreements, which I have not managed to see untill today!


    To me it looks very strange that these documents the CCA, PPI and Gap insurance have the same date on the top of the page indicating these were printed off at the same time as the CCA and also follow on so why when I was faxed the CCA to sign was I not asked to sign the the insurance agreements? I know why, because I wouldn't of signed them!! They know it and just ticked the box saying I want.

    The BCT say I agreed to it over the phone and will have a recording of it but surely if I did not sign for it then I should not of had to pay it? The highlighting is also done by them, i'm surprised they have sent these the next day after me ringing up.

    Can anyone seeing these please help?

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  15. #15
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    Default Re: British Credit Trust

    Looking through this it is so obvious the sales person has just signed and agreed for me just to get the commission on it. He probably don't even work there anymore.

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    Default Re: British Credit Trust

    Yep - get claiming!! If you struggle to find the template letter look at my thread re Northern Rockicon PPIicon - Pompeyfaith put the letter in my thread so you can just cut & paste it into word and amend.


  17. #17
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    Default Re: British Credit Trust

    Do you think I could start claiming without having to send a SARicon? They kindly sent these documents without the SARicon. Rang them again today but was passed to yet another manager who said will ring back again tommorrow because he was unsure about the details.

    Jan do you have a link to your thread please?

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  18. #18
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    Default Re: British Credit Trust

    if you know exact payments and exact payment dates then you can probably manage without SARicon. Have you looked at the PPI spreadsheet yet to work out your figures and interesticon. That takes longest!

    I'll try and cut and paste letter in a sec.

    Jan


  19. #19
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    Default Re: British Credit Trust

    Mr alanalana
    (full address)



    The Royal Bank of Scotlandicon
    (full address)


    Dear Sir/Madam,

    Re: Policy number: XXX


    I believe I have been mis-sold a payment protection insurance policy and would like to request a full refund of my premiums, plus interesticon paid.
    I took out a £xxx unsecured personal loan at your xxx branch on 21st August 2006 and also bought a Payment Protection Insurance policy (PPIicon) which would cost me an extra £xxx over the life of the loan. The salesperson who sold me the policy did not disclose all of the facts relevant to the PPI.

    Firstly I was not given the correct information when the policy was sold to me, as your salesperson did not give me detailed information on what the policy would and would not cover. For example that the loan only covered the first 12 months should I become unable to work as a result of disability or unemployment. It should have been explained to me that the policy would not cover the full period of my loan term.

    Secondly I was not informed that I had the option to buy payment protection insurance (PPI) from an independent provider to cover the loan at a more competitive price.

    I was also not informed that the interest on the PPI would be payable over the full term of the loan.

    Having recently looked at the paperwork for my loan I now realise that I have been paying for insurance (and the interest on that insurance). I believe that having cancelled the PPI, I am entitled to a refund of the payments made as no claim was made on the policy.
    I am requesting a full refund of all my insurance payments that I have paid to date which are 5 payments of £xxx. The Insurance loan repayment figure was £xxx and the main loan repayment is £xxx yet after the cancellation of the PPI the monthly repayment was revised to £xxx some £10.06 more than the loan repayment figure listed on the loan agreement document i.e. £xxx.

    As I believe I have been deprived of this money I also expect the statutory interest at 8% the amount a court would award, to be added to the payments made i.e. £xxx. Total £xxx. You will note from my earlier correspondence that I expressed concern that having paid 5 monthly repayments of £xxx totalling £xxx, you informed me on the 8th February that the total amount outstanding on the loan was £xxx. The last payment of £xxx was recovered from my account on the 22nd January 2007 some 17 days after receiving a letter from xxxxx xxxxxxx at the South West Customer Service Centre dated 5th January 2007 confirming the cancellation of the PPI.

    I look forward to a full and prompt response to this letter and for the matter to be concluded within eight weeks or I shall be contacting the Financial Ombudsmanicon to investigate my complaint.

    Yours faithfully,


  20. #20
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    Default Re: British Credit Trust

    This was another letter I used spelling out the issues.

    I repeat the grounds for mis-selling as detailed in my points 1 to 7 listed below.


    1. Responsibilities When Underwriting a Policy of Insurance: On each occasion, when the details of a loan were discussed your sales advisors failed to check my personal circumstances at the time of the sale, which they are under obligation to do when underwriting a Policy of Insurance. If they had done so, they would have realised that the PPIicon policies were useless to me. At no time was any attempt made to ascertain if the product provided was fit for purpose, suitable for my needs or if indeed it was required at all.


    2. Alternative Insurance Cover: Your sales advisors in each case failed to ask me if I had any alternative arrangements for insurance cover. My employer has a generous illness package which would cover a period of sickness as follows: 6 months full pay followed by 6 months half pay. I would also be entitled to a generous redundancyicon package and a substantial payment would be made in the event of my death in service (more than suffice to clear the balance of the loan).


    3. Failure to Supply Important Information with Regard to Significant Policy Exclusions: I was most definitely not informed that the PPI policies could contain certain exclusions which could affect me and my ability to claim on the policies if I should need to. Additionally I was never told that Pre Existing Medical Conditions could invalidate my policy and I was never asked if I had any Pre Existing Medical Conditions. Indeed your Loan Customer Duty of Care Checklist and the Loanguard Certificate of Insurance to which the Customer Duty of Care Checklist refers (forwarded under cover of Reference N) contain no reference to any Pre Existing Medical Conditions or includes any questions to me on the subject. I am in fact in receipt of a 40% War Disablement Pension from Her Majesty’s Government (HMG) since 1991. One element of this pension includes back injury which I now know is an exclusion in your PPI Policies. I also believe that I would also be excluded on at least one other existing condition.


    4. Widespread PPI Mis-Selling:I cancelled the PPI policy on 830382 Account No 01810701 on 7 Jan 2007 after becoming aware of the widespread mis-selling of PPI by some financial institutions, following recent media coverage and recent OFT and FSA investigations regarding the mis-selling of PPI. I believe this is borne out by Point 3 above. I am also aware that the question of PPI cover is the subject of an ongoing inquiry by the Competition Commissioner.


    5. Wholly Inappropriate PPI Selling Bonuses: I understand that some employees are paid higher bonuses if they get prospective creditors to take out PPI with loans. How can the best interests of the customer possibly be met, if there is a clear conflict of interesticon between your responsibilities to me, and the drive of your employees to sell Payment Protection Insurance whether it is suitable or not in order to receive bonuses?


    6. PPI Loan Interest payments miscalculated: Since I cancelled the policy, I have actually received a smaller reduction in the PPI loan interest payments than the figure stated on the agreement. The explanatory letter sent to me has, I believe, confirmed that I have paid for single premium PPI policies on each loan taken with your establishment.


    7. True Nature of Single Premium PPI Not Explained: No explanation was forthcoming from any advisor on any occasion on the full extent of single premium PPI policies or the fact that they would offer little or no refund if the loan was settled early or if the insurance was cancelled. The statements you have forwarded on accounts 13189662 and 15276481, show no element of any refund of PPI or PPI interest when the accounts were settled on refinancing. There was also no explanation that the cost of the PPI premium would be added to the total cost of credit and interest added for the full term of the agreement. I believe this practice is unlawful.

    I now believe that the single premium PPI policies attached to the loan accounts were both extremely unfair and totally unreasonable and offered me very little, if any protection value whatsoever. I am therefore requesting a full refund of all costs including all single PPI premiums that have been paid, the interest added to these premiums and the payments, that I have paid to date.

    Furthermore as I believe I have been unlawfully deprived of this money, I also expect the repayment of the interest at the Statutory Interest rate of 8% applicable to of each of the single premiums.

    In my letter dated 2 June I listed what I believed were the costs due to me for the recovery of mis-sold PPI on three accounts. All were single premiums for each account with interest added to each account. I have now made further investigations and enclose the revised figures that I now require to be repaid to me.

    Details of the single premiums for each account with the interest payments made are as follows:



    If any of this is useful please feel free to use with your own information.

    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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