I have a First Direct Personal Loan taken out some time ago whilst I was in full time employment. When I was made redundant, then subsequently unable to work though ill health, I made a claim on the PPI which was fine, they (Norwich Union at the time, but now Aviva) have been paying the loan for me, that is up until July Last year, when since we have had a dispute.
A bit of info before I go on. I have dogs that I show in competition. We breed the odd litter for show stock, which the tax office are also aware of & we are classed as a 'Hobby trade' meaning out outgoings are more than what we receive from selling the odd pup every couple of years. Its a hobby that keeps me from going insane & one that I have had way before I took out this loan etc! I receive treatment for acute depression/stress, my doctor & psychiatrist are aware of my hobby & say its a good thing as it gives me something to focus on, rather than my illness & getting deeper.
Anyway, i have to pay for medical certificates to submit to Aviva every 6mths in order for them to pay my installments to First direct. I faxed my last one over in June last year, from the same fax i always have, with the same logo on the fax as there has always been, This logo is the kennel name granted to me by the kennel club.
I received a letter some weeks later telling me they were stopping payments as i am working & i was to meet with their agents RPA to conduct an investigation. so I rang their office to be told they had evidence that i had been working & to comply with their request. I asked what they had & they refused to tell me. I stated I was not in employment & had not been since prior to my claim starting. I made the appt with RPA who came to my home. I was asked if i had received legal advice & i said no as i didnt know what it was all about & aviva hadnt told me, other than they had evidence i was 'working', which was untrue.
The agent said that i needed to get Legal advice as they are going to stop paying the loan & probably try to sue me for all the money they had paid out on my behalf over the years, due to the fact I have a website, & show dogs!
He left our home stating that as i had not received any advice or info on what this was all over, it was unfair to continue.
I wrote to Aviva stating what was discussed & they said i would have been told .. no i wasnt!!
The short of it all is, even though i have written to them stating I do not work, do not receive any regular income, I go to a show maybe twice a month (sometimes i wont even do that, its been 5mths since my last one so far!) & its also for my benefit of health, I am not a commercial kennel & do not earn hundreds of pounds from my dogs & that a website & a van logo does not constitute a business & that i am home practically 24/7 save for when I have a show to attend, which is a focus for me, they still write back stating that I AM running a business, & that I HAVE to sign consent forme for access to my medical records & also access to the tax records, DWP etc etc ....
I am worried sick, i cannot afford to repay them all this money if they go to court, they are completely overlooking that our dogs are pets, no different to anyone else (ok so I may have a few more than the norm, but most are oldies & retired now) I am home all day, practically every day, do not recieve any income of my own, & they are hung up on the fact I have a website & logo on our van & therefore i AM a commercial business!!!
Their T & C states work as a paid employment, which i am not getting. They were also not able to send me a copy of the original agreement, only a revised one from when i took out the PPI.
Please can someone advise whats best to do? I spoke to a solicitor who told me NOT to sign their forms as it gives them free reign, but to ask what it is they want & I will supply it for them from the necessary sources. I did this, but again they just tell me to sign the forms & make anopther appt with their agents RPA & to supply all bank info & employment records etc.
To add insult to iunjury FD know of the dispute & have continued to try & take payments from the Joint account held for the loan installments, which is now overdrawn & they have instructed their solicitors to recover the debt from my husband & myself, even though the loan is in my sole name.
Again i was advised they cannot chase my husband as the O/D is in relation to a loan payment they should not have taken, but FD say my husband is also liable for the payments if I cant make them ..
Im so worried & confused & apologise for such a long post
Wow this really is a tough one.
I cannot give any legal advice, but i am sure if it came to it in court it would be proved in your favour. Sit tight and see what other info comes this way. I am sure we can find you a solution to stop your worry.
IF YOU FEEL I HAVE HELPED YOU AT ALL PLEASE FEEL FREE TO TIP MY SCALES.
NATWEST PPI SUCCESS £490 25/08/09
NATWEST PPI 2nd CLAIM WON £1135 02/10/09
A & L PPI £395 WON
CREATION CLAIM PARTIAL REFUND £1825 01/04/10 NOW OFF TO FOS FOR THE REST
BARCLAYCARD STILL PENDING
LITTLEWOODS DCA . DEBT WIPED OUT AND CREDIT FILE UPDATED 23/09/09
Please do try ringing the fos first as that is their role to mediate between yourself and the insurer. They will listen to both sides of the complaint. If that isn't successful, then you would need to pursue it via a legal avenue ie solicitors through legal insurance.
If you do have legal protection with your home insurance, it normally covers a broad spectrum of legal areas eg employment law and is not restricted to issues around your home. There are normally rules and time limits etc so check your T&C's or ring your insurance company.
OK, i rang the fos, they say they cannot help me until I receive a final decision from Aviva, who are constantly batting back & forth stating i HAVE to see their investigation agents who want me to sign paperwork giving them full access to my tax records, medical records, DSS & Bank records. & if i refuse to do so, they will have no option but to then take me to court for the money they have already paid out on my claim ...
Make a formal complaint to the insurer for their behaviour and non-disclosure of their "evidence". They should be seeking to resolve this without court action and so should present you with the evidence and allow you to rebut it or admit liability. Going to court should be seen as the last resort.
Once you've made the complaint, they have 8 weeks to provide a final response. If they issue the response or even if they fail to do so, the fos can then get involved.
Don't fret about court action - they are there to decide what's fair in law and from my own experience, that is what has happened. Don't be afraid of the Courts! When faced with legal action, you should get professional advice (I'm not a solicitor).
Well I have contacted the CAB, they cant help me with this at all .. many of the no win no fee solicitors cant as it is not a misold PPI & our 'Legal cover' included in our morgage say they are unable to assist us ..... Aviva has now given their final word in that unless I have the meeting with RPA & consent to them accessing all my records, the account will not be paid .....this is all really getting me down to the point I collapsed a few weeks ago & ended up in hospital through stress of all these issues & the worry of the bank & Aviva chasing me for large sums of money i just cant pay & the offers i am making they are refusing .....:'(