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    • If you do get a letter of Claim and or Pre Action Protocol pack 15. Where there has been non-compliance with a pre-action protocol or this Practice Direction, the court may order that (a) the parties are relieved of the obligation to comply or further comply with the pre-action protocol or this Practice Direction; (b) the proceedings are stayed while particular steps are taken to comply with the pre-action protocol or this Practice Direction; (c) sanctions are to be applied. 16. The court will consider the effect of any non-compliance when deciding whether to impose any sanctions which may include— (a) an order that the party at fault pays the costs of the proceedings, or part of the costs of the other party or parties; (b) an order that the party at fault pay those costs on an indemnity basis; (c) if the party at fault is a claimant who has been awarded a sum of money, an order depriving that party of interest on that sum for a specified period, and/or awarding interest at a lower rate than would otherwise have been awarded; (d) if the party at fault is a defendant, and the claimant has been awarded a sum of money, an order awarding interest on that sum for a specified period at a higher rate, (not exceeding 10% above base rate), than the rate which would otherwise have been awarded. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct   .
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    • Thanks all! My wife was driving at the time (took our daughter to get new school uniform) and I wasn't there so I'm not sure what the signage was actually like, but yes, Parkopedia says 2:30, so it's barely over that. I will check it out with her when she gets home later, I haven't even told her about this yet as she'll probably be quite upset. So - likely my best response at this stage is to just wait it out until a Letter Before Claim arrives?
    • check mcol does it state DQ N180 sent to you? if it does then: https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148 3 copies yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket) 1 wit you Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally') the rest is obv 1 to the court 1 to their sols (omit phone/sig/email) if no sols send to claimant 1 for your file   dx
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First National Bank PPI


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I had a secured First National Bank loan in the late nineties which I believe had PPI.

At the time FNB was owned by Abbey National/ Santander.

 

I submitted a PPI enquiry to Santander but they only came back with details of my old bank account with them.

 

I believe that FNB were purchased by GE Money at some point.

Should I be making my enquiries with them?

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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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This is, as they say, interesting.

 

The reason I made a PPI enquiry to Santander about this was that The Claims Guys sent me a form with First National Bank on it but without any account number. I took out an FNB loan in the very late nineties and paid it back in 2002. I should mention that I used the Claims Guys to make enquiries and I've submitted the resulting three claims myself.

 

To get more details I made an enquiry on the Santander website but they only replied with details of my old current account. When I rang them up, they gave me details First National Bank with an address in Harrow. I'm not sure that there's any business there anymore since there's no website and emails bounce.

 

I subsequently read that Santander sold FNB to GE Money in 2003/4. I have just rung them and they took details of my name, old address and date of birth. They then said that they couldn't find me on their systems. The only way they could proceed is if I supply the account details and proofs of identity.

 

I think I'm being given the runaround here which is unsurprising given that Santander are in the mix.

What I find curious is that the Claims Guys enquiries seem to have found something.

Given that both Santander and FNB effectively still exist albeit the latter is trading under a new name,

 

I find it hard to accept the excuse that they don't have the paperwork particularly when I remember that I had to make a DPA court claim to get Santander to comply with a subject access request over bank charges 10 years ago.

 

Could anyone confirm who I should go after here?

The lack of paperwork is very convenient but I'm unsure who I would actually make a PPI complaint to.

That would at least give me a starting point.

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you need to read all those threads I sent the link about.

 

rung who? GE?

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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really that's rare for them to even bother to help at all

they ALWAYS state its nothing to to with them but the broker you used.

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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Share on other sites

They were actually very nice over the phone taking my details and then checking their systems. They even put me on hold whilst they checked another system. They were really apologetic at the end.

 

However, I'm not buying it. I don't believe for one moment that they don't have records going back decades even if they bought the company from someone else. They would have acquired all of the archives. What I could believe is that the records are on microfiche or on scanned microfiche somewhere.

 

From the threads it's pretty clear that I have to go after GE. I think a subject access request with some additional comments about their obligations in respect of offline records is the way to go.

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  • 1 month later...

Quick Update.

 

I had a reply from GE saying that they had no information about me to respond to my Subject Access Request.

 

Still cashed my £10 cheque though.

 

In the meantime I obtained a copy of the title deeds to my then house using a historic records enquiry at the Land Registry.

 

This listed the legal charge that FNB put in place.

 

I have now obtained a copy of this from the Land Registry.

 

This is a copy of the loan agreement with FNB with an agreement number and shows the amount added for payment protection insurance.

 

I'm sending a copy of this with a FOS PPI complaint form to GE.

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well done

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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use the land registry site make sure its the .gov.uk one mind!!

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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Share on other sites

  • 2 weeks later...

Fscs

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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Great advice i got original credit agreement from land registry. FNB have now said PPi was sold by The Mortgage Market north west, and they have gone bust so tuff. Any ideas ?

to start, start a thread on it.

were they regulated/fsa covered

:)

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  • 2 months later...

Finally had a reply from GE.

 

They say that the policy was sold by "Financial Funding" from Blackpool.

Looking at Companies House, they seem to be active but I suspect they're in administration. Has anyone come across them or had any experience of making a claim.

 

I have to say that I have some difficulty in agreeing with GE's assertion.

They bought First National Bank's loan book from Santander.

I took out the loan over the phone and I know it was FNB that I rang rather than any broker.

 

In their letter GE go on to say that they won't respond to any further correspondence and there's no complaint route through the Financial Ombudsman.

 

Any thoughts on where to go from here?

 

Just double checked and Financial Funding were struck off in 2009 but restored to the register for some reason in 2016. I doubt whether there's any resources there to claim against.

 

I think the FSCS may be the route to go down.

 

And the FSCS doesn't work for me as the policy was taken out before 2005 :(

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you need to find out or work out

who were the insurance [PPI] underwriters then go after them.

they would have been regulated

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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Share on other sites

Thanks dx. Any idea where to start with doing that. All I have is the loan agreement filed with the Land Registry.

It refers to Financial Funding as the brokers but gives no more details than that.

The GE letter gives an address which is how I was able to get to the Companies House record.

 

The only thing I can think of is a SARN to the FF address but I suspect there's not much chance of them having any records for a company that was struck off ten years ago.

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if you search threads here you'll find the info you want.

 

use the search CAG box of the top red toolbar

 

some like

 

first national bank underwriters

 

post 2 link refers too I expect

 

not got time now meself i'll try later

but the info is here

and we've had results.

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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Share on other sites

Thanks dx. I'm in full search mode.

 

FF were restored to the register by a solicitor acting on behalf of a creditor. This could well be a PPI claim as the firm seem to be heavily involved in that market. I've therefore made an enquiry with them to see what information they might be willing to disclose.

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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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Share on other sites

I've been working my way through the forum and the links provided by dx.

 

There are a couple of underwriter options and Cardiff Pinnacle look like the strongest candidate. I'm trying to work out how to approach them given that literally the only paperwork I have is the credit agreement. I can submit a SARN but it's highly speculative.

 

One thing that has been troubling me is the way that GE are trying to wash their hands of this matter.

 

Most of the PPI claims against them appear to be for home improvements taken out through companies like Zenith.

 

In these cases the claimants contracted with a third party and the finance was provided through First National Bank.

 

When I took out my loan I was a mortgage customer of Santander/ Abbey and I remember ringing up First National Bank using a leaflet that came from Santander/ Abbey with some other mortgage correspondence.

 

FNB was a wholly owned subsidiary of Santander/ Abbey at the time and FNB were based in the same Harrow location as Santander/ Abbey.

 

At no point did I speak to anyone from the Financial Funding brokerage and I think that the first time I saw their name was on the loan agreement.

 

I think this is subtlety different from the majority of cases in the link as I was dealing with FNB as both the seller of the 'product' and as the funder.

 

I am wondering whether there is a way of directly pursuing GE Money as the new owner of the business and the seller of the PPI policy rather than going after the broker/ underwriter.

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