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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Hi,

 

Wonder if anyone can help me. I sent a ppi claim form to Santander who have now taken over Debenham store cards, in July and received their so called 'final' response on Saturday. I was making my misselling claim on the grounds that I had a previous illness which I now know I would never have been covered for.

 

Here is an extract:( I haven't scanned the doc yet so have to type out)

 

"I can confirm Account cover insurance was set up on your account on 15th March 2001 after a discussion that took place on the telephone with our telemarketing department... The policy applied to your account was Account Cover Insurance and comprised of price, purchase and payment protection. Our telemarketing department sold this policy to you and one of our advisers explained the main features of the product and price. The insurance was added to your account because you chose to do so. However you had an opportunity to change your mind as once you decided to take the product a policy summary and policy document was mailed to you for your review... I understand that you believe that Account Cover Insurance does not cover you as you had a pre existing medical condition at the time of opening. However, please understand that having an illness prior to the cover being taken out does not exclude you from the insurance; this simply may mean that you cannot claim for this condition in the future...I can confirm that Account Cover Insurance was cancelled on 26 August 2011..."

 

I am perplexed as I cannot remember the detail of such a conversation with a telesales person since it was so long ago. Do you think this is what seems to me to be tactics to fob me off? They did not provide me with any other evidence such as signed agreements to the effect that I wanted the ppi. Can I request copies of the agreements and take this to the FOS? I have so many questions I want to ask them based on this response.

 

I would really appreciate some guidance as to what to do next. Thanks in advance!

JS

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Hi

 

Some of these institutions use the "telephone" conversation ploy to fob you off.

 

If it were me I would send a Subject Access Request (SAR) to Santander. There is a template SAR in teh CAG library, the link to which is at the top of every CAG page in green. This should yield ALL the inormation they hold on you, iincluding statements/transaction history. There is a fee payable of £10 and they will have 40 days to comply. Make sure you put emphasis on the fact that you want ALL information they hold.

 

Let's see if they put a transcript of that phone call in the package but if not you can still take this claim forward.

 

From the information that comes back you can prepare a schedule of claim to quantify your claim.

 

Have a look at the PDF files on the fos website if you haven't already done so.

 

You can then either pass it to fos or you can sue in court.

 

Do the SAR first though.

 

Regards

 

ims

 

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Hi Jade

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

What you need to do is send them a SAR Request with a Postal Order for £10, send it Recorded. They have 40 days to respond. If you think anything is missing send them a chase letter. Once you've got all the Data they hold on your account you can ask the right questions.

 

SAR Template in the library on this site.

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi/guide-to-PPI-forms.html

http://www.moneysavingexpert.com/reclaim/ppi-credit-card-insurance

Also info in 2 and 3 in my signature.

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I am about to do a SAR to Santander re my debenhams (as well as a few other cards I had with them-ge capital who they bought out seem to have done almost every store card on the high street lol). But I remember getting a card in the store, the staff member rushed through the personal details and did the application for me then told me where to sign. I believe it is likely PPI was on and reckon this was added by the sales assistant at the time I certainly never had any calls from them-until I fell behind on payments.

I doubt the call ever took place, will watch your thread as we are at the same point. Good Luck

ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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Hi Everyone,

 

Thank you so much for all your responses, your advice is much appreciated. I had a feeling that it was a ploy since the tone of the letter was very contradictory in parts. I know the call never took place because I remember the application being done in the store, now I've had time to think about it. Anyway, I will look at the documents suggested and continue my claim. I am just so angry with the way the banks have been ripping us off for years. I am determined to succeed and a least get something back from my ppi claim, not just from Santander but from others like Audi ( they've said I never had PPI when I have all the documents to say that I had ppi, for one of two cars I bought from them - that's another story but no doubt the same applies). Will keep you posted.

 

A tremendous thank you!

JS

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  • 3 weeks later...

Hi Again,

 

It seems like a while since I was here. So here is an update. I sent off the SAR to Santander after my previous post and I am still waiting to see if they include a transcript of my alleged phone conversation with them requesting the ppi. I also sent the SAR to Audi who had previously refused my PPI claim saying I did not have ppi with them. It was an odd thing since I managed to find all the paperwork, account numbers etc. Anyway, I have received all their documents and find that I did have PPI with them after all. I'm not not so sure how to reply to them. I would appreciate being pointed in the right direction.Will I need to resubmit my claim form to them?

 

I also sent a claim to MBNA whose Virgin credit card I applied for online. Although it was about five years ago I remember that the application kept crashing and would not untick the ppi. I phoned their technical support at the time and spoke to someone about the fact that the form kept crashing. It was about two weeks before I got the card but forgot to raise the issue again about the ppi. Since I have started the claim process with them they have subsequently sent me a copy of the online form simply saying I requested it. I only received this at the weekend so haven't had time to respond to it yet. Yet another to get me all fired up.

 

Thanks again in advance for your help!

-JS-

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  • 2 months later...

Hi,

 

Been in hospital for a while since last post. Have had final response from Santander re Debenhams ppi. Taken to the Ombudsman. However, since card was taken out before Santander took over, I need to find out who the original underwriters were in 2001. Does anyone know how or where I can find this information? I have absolutely no paperwork from that period. Thanks!

 

-JS-

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Hi,

I am quite a way ahead of you in claiming back ppi on a Debenhams store card and these people are proving the hardest to deal with. My card was taken out in 1994, rushed application, crosses put by salesperson where I had to fill in, no ppi requested. Apparently I took out the insurance during a telephone conversation - no transcript available (no surprise there!!).

 

Anyway to the subject of underwriter, mine was Financial Insurance Group (Genworth Financial) and the fos are pursuing them, a long drawn out process due to the legalities and the fos have a number of cases and are considering a test case in the first instance.

 

The address for Genworth is:

PO Box 140

Building 11

Chiswick Park

Chiswick High Road

London W4 5QX

Tel: 0500 055 6548 (number for Senior Associate, Consumer Affairs)

 

If Santander dont produce the insurance document, you could ring Genworth (even if Santander do, I would ring them anyway as the policy document differs from the one Santander sent me!) I spoke to a nice lady there who was very helpful, I should have asked if she had details of premiums paid as Santander cant (or wont) supply them back as far as 1994. Thats another thing to put on my to do list!!

 

Hope this info has been helpful, have a read through my thread http://www.consumeractiongroup.co.uk/forum/showthread.php?202232-Ge-Money-(debenhams)-Ppi

This will show you my battle so far with them. Any other questions, please ask, I am more than willing to help in any way I can

GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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Hi,

 

Thank you very much for your responses. I am on the mend but quite weary from all of the nonsense being dealt out by the banks over ppi. I am still determined to get back what I am owed. I have sent the SAR and the questionnaire to Santander and have received their final response. Have taken it to the FOS who have told me that Santander cannot give me a final response because they didn't own Debenhams in 2001 as it was GE money when I took out the card. This is why I am looking for the underwriters. Once I have this I need to pass it onto the FOS.

 

Tink660, thanks for the contact address as I am sure they are the ones I need to to confirm , so I will call them tomorrow to find out if they were the underwriters for mine. like you Santader also told me that I requested the ppi via their telesales dept, no transcript produced with the SARs. As you suggest I will read your threads also.

 

Will keep you posted!:-)

 

-JS-

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Hi Again,

 

Been looking through my SARs info sent by Santander and I notice they have sent me someone else's credit application. Plus the account notes etc are from 2005 and not from 2001 when I took out the card. They have also sent the Santander current agreement T&C and not the original GE Money. Do you think I should bother contacting them again about this or just leave it to the FOS? Like I said earlier they say this is their final decision.

 

Thanks again

-JS-

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Hi

I am a liitle further on than you with my claim which is now with the underwriter. After I contacted FOS , they advised that I send the questionnaire to the underwriter, who hasn't responded yet.

I rang Santander and asked who the underwriter was and they gave me the name and address, which is the same one on the policy.

They are Financial Insurance Co Ltd , but I believe they are also known as Genworth. My cards were taken out in 2000 and 2001 ( HOF)

Have a look at my thread - sorry I still haven''t managed to work out how to put the link in.

Also there will probably be more than one reason to claim misselling than the one you raised with Santander , have a read around the FSA guidlines there is a whole list.

Good luck

W

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