Thread: Allience and liecester loan and ppi reclaim please some one help ASAP

Hi all I origianally had loan with allience and liecester which included single premium payment protection

here is the orig loan agrement









Now if you look carefully you will note the cost of the PPI and the intrest charged for the ppi total misssold have never ever managed to claim even when they were told I was unemployed have been in payment plans with this company for a number of years.


this shows the intrest on ppi insurance at £461.35
it also shows the amount of ppi as Insurance Principal £1684.85
giving total of £2146.20

and as this was missold I wish to claim back to hopefuly wipe out any balance owed now the question I have is would I compound the total figure at the contractral rate of 10.44% from date loan started till now or would i run compound at contractral rate till date loan should of finished and then do a simple calculation between that date and today.

the reason I am asking is the loan as been taken over by Abbey/santander and I got a phone call from them on the 4th of january saying they would send out income and expenditure form yes I had missed a payment on 27th december for £50 they have in the past allowed me to reduce when no work forthcoming Im a supply teacher and work has been very patchy last couple of years. they also said the debt might be sold on as was 16 months behind. the guy on the phone obviously lied as recived letter from westcot this morning mind you he also said that the debt could well be wiped out with payment protection cash owed and intrest added.

below will show some of the corespondece recived

first is a notice of sums in arrears from nov 09
http://i801.photobucket.com/albums/y...otice91109.jpg

here is another one from same month

http://i801.photobucket.com/albums/y...ears131109.jpg

annual statment feb to november
http://i801.photobucket.com/albums/y...tmentanual.jpg

final demand notice sent by mistake would of expected one of these after not making payment end of december (this is one from end of oct sent in error)

http://i801.photobucket.com/albums/y...nalrequest.jpg

also shown is the transfer letter sent about account going to abbey/santander

http://i801.photobucket.com/albums/y...overletter.jpg


and finally the letter recived from wescot so i presume abbey are trying to offload this did mention in november when made £50 payment I was looking to reclaim ppi and intrest so i wonder if this is why.

http://i801.photobucket.com/albums/y...9/westcot1.jpg

so any advice would be gratefully recived and anyone who knows the right way to calculate ppi claim please explain.

also is the orig CCA actually enforcable as that would also be interesting thanks every one:cry:

good afternoon all OK here is another update the saga of this account continues I sent the Following letter
[quote][
21/01/10





Dear Sirs,

Account Number.
Account in Dispute

I am in receipt of your letter dated 5th January 2010.

I have discovered that there is a miss sold payment protection insurance added to this account and am in the process of making an official complaint to the original creditor.

As there is now a genuine and valid dispute which has yet to be resolved, you will be in breach of OFT guidelines should you continue to pursue for payment.

Please note, that I require all communication between us to be in writing. This is in order to protect myself should this proceed to litigation. I will not enter into any discussions about my personal finances over the telephone, therefore any further attempts to contact me in that manner will be considered harassment and reported as such to the regulatory bodies.
/QUOTE]

This posted on the 21st of Jan 2010 arrived with them on the 22nd.

I then recived the following letters the first one arriving on the 28th january 2010

http://i801.photobucket.com/albums/y...8thjan2010.jpg


I then recived the following letter on the 29th January
http://i801.photobucket.com/albums/y...9thjan2010.jpg

and then recived the following letter on the 30th January 2010
http://i801.photobucket.com/albums/y...0thjan2010.jpg

Now the fun with this Account will start the DN is invalid as the address on the right hand side of the letter recived is an Address for Westcott this was confirm via a phonecall with the royal mail and an internet search.

The return Address on envolope refers to Abbey national(santander uk) in Milton Keynes.

The other thing that is completly wrong and this is breaking various acts according to the people at national debt line is that this account had a default issued some years ago which is due to drop of in october 2010 and I have been told they cannot issue a furthur default on the same account full stop the cash owed is basicly what i am owed for missold PPI any adice please.

Hi gazab 41. Re PM, I am not up to speed on PPI, but you need to claim that back.

If you click the red/white triange to the left of your post, and ask that this thread be moved to the best forum for PPI, that should help.

Well the DN is faulty on dates ant prescribed layout. I take it that the £3383 is the full ballance. If so this also invalidates the DN. I assume this is the first DN that they have sent you.

Letter from westcot is clearly demanding the full ballance, therefore terminating the agreement.

This is unlawful rescission of the agreement. You must accept this in writing. If you search UR on the forum, you will find the letters that you need to send to Santander. Then write to Westcot advising that OC has unlawfully rescinded agreement and you are bemused as to why they are contacting you.

Hi gaza,

Have you made an attempt to reclaim the PPI ? You need to do this by writing to the original creditor.

There are plenty of letters around the site, but you could try this one for starters. Those sections I have highlighted in blue should be amended/deleted to suit your situation. You say you did make an attempt to claim on the policy, for what reason were you refused ?

Alliance & Leicester


Dear Sir/Madam


OFFICIAL COMPLAINT

Re: Request for return of Payment Protection Insurance premium and contractual interest.


Account no: XXXXXX


On the 5th February 2001 I took out an unsecured loan with your company. But now believe that I was mis-sold this policy for the following reasons:

I was self employed at the time and you were aware of this.

I had my own business insurance (being self-employed) therefore PPI would never have been relevant to me. In respect of this, any claim would have no doubt been refused.

I was not asked about any previous medical conditions. I now understand that a previous medical condition I do have, could have invalidated any claim.

It was implied that PPI was a mandatory product that one had to have and without it, the loan would not be agreed.

I was not given full information on what the policy would and would not cover for example that the loan only covered the first five years of the loan term.

I was not advised that even though this was a joint loan, only the first named person was covered.

I am concerned the sales person that sold me the policy had no financial background and the policy was not sold in my best interests.

I was not advised that I could obtain insurance elsewhere to cover myself for this new commitment to your bank or shown any comparisons for other products in the industry – which may have been more competitive or better suited than your own. This latter concern has now been the subject of an enquiry by the Competition Commissioners Office who were especially critical of PPI

It was not explained to me that the policy premium would be paid upfront as a single premium and would be added to my debt and attract interest from the outset. I believe you should have disclosed to me that the single premium policy, did not give a pro-rata refund in event of early settlement.

I was not told that there were other options than a single premium policy, i.e. that I could take a “pay monthly one”.

No attempt was made to ascertain if the product provided was fit for purpose, suitable for my needs or if indeed at all. No inquiry was made as whether I had pre-existing insurance for accident, illness or unemployment. I was not given full information on what the policy would and would not cover, I was not given a copy of the insurance policy nor were any rights to cancel explained. I believe you manifestly failed in your fiduciary responsibilities, and your duty of care.

With reference to recent OFT and FSA investigations regarding the mis-selling of PPI by finance companies, I now believe that I was gravely misled when you mis-sold me this expensive insurance policy, which I did not want and did not need and for the reasons given above, totally unsuitable.

I believe you should have made it clear to me that the policy generated large profits for you. You failed to do this. I believe that you have also therefore failed in your duty of disclosure. Your failure to disclose is misrepresentation at common law.

Your concealment of the act of mis-selling has prevented me from asserting my right until now. I believe that there are strong grounds for action against you under common law, statute and consumer regulations.

The original insurance premium of £1684.85 plus interest of £ 461.35 making a total of 2146.20 which was then added to the loan amount on the 5th Februay 2001

If this were to proceed to litigation, Statutory 8% interest (S69 of the county court Act) allowed by the Courts would also be payable.

I am writing to ask you to refund the premium paid together with interest equal to your APR at the time under the accepted principle of mutuality and reciprocity. I would also like to claim statutory compensation in view of the fact that I have been deprived of the cash over that period.

Financial Ombudsman Service

Please now investigate my complaint within the eight weeks allowed to you. If I do not receive a favourable response from you I will consider pursuing this claim through the Financial Ombudsman.

May I bring to your attention that fos rules which are backed by the Consumer Credit Act 2006 require a business to acknowledge in writing a complaint by the end of the next working day.

To quote from the page 5 of the Financial Ombudsman Service rules (see link below)

http://www.financial-ombudsman.org.uk/publications/introduction_consumercred it.pdf

"When handling complaints, your business should:
■ send the consumer a prompt written acknowledgment
(if you have not been able to resolve the complaint on the
spot, or by the end of the next working day);

It is requested you treat this as a formal complaint and provide me with a copy of your Complaints procedure.

Yours faithfully

To Wescott

Dear Sirs,

I am in receipt of your letter dated (Whenever).

I would remind both you and Santander that this account is in dispute.

It is my understanding that where a genuine dispute is present, it is against OFT debt collection Guidelines for you to pursue and harrass me.

I imagine the mis selling of a PPI product would be classified as a genuine dispute. I am most certainly disputing that I owe any liability to your client, Santander.

Yours etc.

The DN is definitely invalid in that it only allows for "14 days". There should be a DATE. Interesting post on just that issue below...

IMPORTANT TO INCLUDE RE DEFAULT NOTICES

http://www.consumeractiongroup.c o.uk/forum/show-post/post-2708372.html

Posts 194 and 195 by Vint1954


“Within 14 days of the date of the default notice” as a date by which to remedy the alleged breach ” can never be compliant, even if the creditor were to serve the notice in person on the day that the notice was dated it would give the debtor only 13 clear days in which to remedy the alleged breach.

Thus, this particular Default Notice could never had been compliant in this respect. It was defective at the time it was produced.

The default notice gives “important details” to the debtor as to how to obtain legal advice, the clear days include weekends and bank holidays therefore the debtor is already restricted to the number of working days he has to work with/obtain legal advice, more or less depending upon which day the creditor posts the notice.

The regulations do not permit the creditor to reduce the amount of time given to the debtor in which to remedy and any such reduction in time, whether by accident or design cannot be considered as De Minimus

Parliament intended the creditor to be strictly bound to comply with the regulations in this respect.

It is averred that the act intended that the creditor should suffer the consequences of his failure to comply with his obligations in respect of default notices and that incompetence, laziness, or a total disregard of the regulations would offer no relief to the creditor..

Hi gazab, got your PM.

CB has already advised on the need to claim PPI from OC, so follw CB's suggestion and advise wescot again of the situation and that the account is subject to missold PPI claim with OC.

If A&L issued a DN some years back and Santander purchaced the account, they cannot issue a new DN, but must update the original default with CRA's, unless the early DN was satisfied and the account endured.

Can you explain what happened a few years back. Did A&L issue a DN then terminate?

gaza, you could copy the same letter that you are sending to Wescott to Santander.

You could also enclose a copy of the letter you will be sending to A & L so they know you are serious about reclaiming the money.

Fully agree DD. Its an either or situation. Best to deal with the UR first.

Gazab,

Did you send the letter?

You can use the one from your BC thread.

std threat-o-gram
ignore

dx

ok I recived a number of documents from Santander the these were recived durring 1/2 term week ending friday 4th June. The First one being a loan summary sheet dated Feb 2010 showing a loan amount of £11,084.85 the orig loan with A/L was for £9400 plus PPI charges. PPi missold as was never able to claim as was contract worker supply teacher. there are a number of issues with this summary sheet also as the loan was 60 months taken out in 2001 and on the summery sheet shows 2 months left to run.

Also this shows i owe £0.00 am being hassled by rockwell