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 took out a loan with first plus 2 years ago, PPI to the sum of 7500 was added to the loan. I never take out insurance as i don't agree with it after falling foul a number of years ago, however the salesman on this occasion was quite insistent as i recalled the events and i did not recall a telephone conversation approximately a week later in which he rambled on about a whole load of stuff and it is apparent from the call recordings that i am not taking any notice of what he is saying and can hardly make him out because of distractions in the background. i can also distinctly make out saying that i was totally confused by it all but agreed to what he was saying.
I don't know whether because of this i have a case to pursue here to get this money back and any advice would be much appreciated. I am also scared that because we are in arrears with the account if i push it to much they will seek repossession of my home
all info or comments gratefully accepted
Any views expressed on this site are my personal opinion or experience and do not represent legal advice in any way
I took out a loan with first plus 2 years ago, PPI to the sum of 7500 was added to the loan. I never take out insurance as i don't agree with it after falling foul a number of years ago, however the salesman on this occasion was quite insistent as i recalled the events and i did not recall a telephone conversation approximately a week later in which he rambled on about a whole load of stuff and it is apparent from the call recordings that i am not taking any notice of what he is saying and can hardly make him out because of distractions in the background. i can also distinctly make out saying that i was totally confused by it all but agreed to what he was saying.
I don't know whether because of this i have a case to pursue here to get this money back and any advice would be much appreciated. I am also scared that because we are in arrears with the account if i push it to much they will seek repossession of my home
You can be specific with what data you request although the Subject Access Request is really asking for everything. The Statutory fee is £10.00 Postal Order is fine but keep the details of the number for future reference. The post office will be able to confirm when it was encashed (just call 01246 542091 they will even send written confirmation if you request it) Send all correspondence by at least recorded to be signed for so you can track delivery through Royal Mail
You should request the following documents:
A true copy of your Consumer Credit Agreement with the terms and conditions that were applicable at the time you took the loan/card/mortgage.
Copies of all statements applicable to the loan/card/mortgage.
Copies of all correspondence that apply to you as a data subject ie letters, emails, faxes etc.
Copies of all recorded telephone calls or transcripts of the recordings.
Copies of any notes made by bank/loan company staff in their dealings with you as a data subject.
Do not be fobbed off by them citing issues such as relevant filing systems.
If they have any records/data on you as a data subject and it is held under your name, address, post code, account number/s or any other system where the data is identifiable to you then it is a relevant filing system. Even if it is a specific serial number on microfiche records and the serial number is applicable to you.
Chase them for the data, then research, then claim your money back.
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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.