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    • Do you think I should send the CCA request now then instead of waiting? I really can do without the stress. Any advice would be appreciated. Thank you for responding.
    • How was the "receiver" appointed and what is their role? Appointed by the lender under the terms of their security on the loan (sometimes referred to as "LPA Receiver")? Or are they acting for you in insolveny? What's the current role of the agent?
    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
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So reclaiming my PPI, how far back can I go?


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In my earlier years I have had several loans, card and store credit agreements where I had taken out the PPI as I thought that it was required to get accepted, now I know that this is not the case.

I would like to know how far back I can go with my claims and also what happens when providers change (Barclaycard took on the Goldfish Credit card business who in turn had taken it on from Morgan Stanley I believe), would the current provider hold the records of the previous companies and would they be liable for all PPI claims?

 

From memory I need to serve data protection requests on:

Northern Rock

The AA

Lloyds TSB

Barclaycard

Capital One

 

How far back can I claim, the Lloyds Loans were 15 years ago, would I get this information and would they pay?

 

Should I just go for the two current credit card providers I have been with for about 10years (can I get corrspondnace that far back with my request?) or serve data protection requests on all of the providers?

 

Thanks,

 

Carl.

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as such there is NO time limit

 

regardless to what these stupid claims companies sprout about in adverts

 

its 6yrs from WHEN YOU BECAME AWARE you were mis-sold the insurance.

which is today?

 

your only 'barrier' might be paperwork on those going past 6yrs

 

typically if you have the agreement and or statements - its gameover for them

 

have a read of the NEW PPI FAQ PDF's on the FOS website

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well DX I looked at the news the other day and thought that basically when I filled in the applications there were no real explanations of the exclusions in the PPI (and I have a medical condition that pre-existed both cards and at least one of the loans), so I guess that's when the 6 years start.

Anyway I have the address for the Barclaycard DPA letter but try as I might I can't find the page where the address for the Capital One letter is (was on a page with a list of address for cards and banks), can you help?

Also which SAR letter should I use, I found two will either do?

 

Sorry can't link until 20 posts.

 

Thanks.

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  • 3 weeks later...

Got a big stack of paperwork back today from Barclaycard and included was the original application form from 2002 which was Morgan Stanley, this is where it get interesting, yes I did tick the box is 2002 to request ppi, but there are no T's and C's on the form for the ppi so nothing is explained, so I guess this means it was missold?

Also at around the year 2006 Barclaycard took on the business from MS and automatically applied an AXA ppi policy to my account, again without consultation, so as I had had time off due to stress I guess this was missold as well.

I guess whatI need to know now is:

 

1. as the MS application never explained the T&C's is it mis-selling?

2. as Barclaycard never consulted and just changed the policy is that mis-selling?

3. are Barclaycard liable for both PPi claims or just the AXA part?

 

Still waiting for the Capital One stuff to appear but they have always been the provider and have already been prosecuted for mis-selling so that should be a bit more open and shut.

 

Carl.

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Drcarlos,

 

The answer to your questions is yes, yes & yes.

 

Assuming you do not have statements going back to 2002, calculate the premiums for as far back as you do have statements for and apply an average monthly payment for the remaining months.

 

Eg. If over say 60 months you had paid £600 in ppi charges that would average as £10 per month.

So 48 months x £10 = £480

 

Remember to do the simple interest calculations from the date of each repayment until now.

 

Good luck

 

DJ

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