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  1. 1 point
    PAYMENT PROTECTION INSURANCE Before reclaiming or cancelling PPI you should have a look at the following Notes and see what type of PPI you actually have. Always consider all the facts and figures before starting a claim.. Whatever you do Do Not Just Jump In without researching your own policy, and don’t be afraid to ask for help / advice on the forums on CAG. There are basically 2 types of Payment protection Insurance policies. 1) Monthly paid premium (as used by most of the credit card companies) These policies should not be a big problem to cancel; normally they will cancel this type of policy if you write to them or Phone them. Of course if you consider that you have been mis sold this type of policy you can of course try and reclaim all the premiums that have been made, plus claim the interest on each payment at the Contractual Interest Rate. 2) Single Premium Policy (these are the biggest rip off ones) These policies are Paid for in full to the insurance company at the start of the policy. Most loan Companies will finance the full cost of the policy by adding the cost onto your loan. What they do not tell you is that you will also be paying interest on that amount at the loan interest rate for the full term of the loan. Example 1. PPI Cost £3300 Interest Rate 7.9%APR Interest payable over the 5 year loan = £1300 Actual cost of PPI cover £ 4600.00 Example 2 PPI Cost £3300 Interest Rate 7.9%APR Interest payable over the 15 year loan = £3913.00 Actual Cost of 5yr PPI Cover £ 7213.00 As some loans have variable APR the costs used in the above examples could be in fact a lot higher. Most of this type of Policy will cover you for 60 Months (5yrs) so beware if you have taken out one of these policies and have a loan which runs over the 5 year period. As in example 2 you would require a further 2 * 5yr PPI policies to cover the full loan period. I did one calculation on an original loan of £17,000.00 , when the PPI was added and calculated to cover the 15yr period; with an APR at 7.9% fixed the actual cost to repay the loan was calculated at almost £55,000.00. Cancelling a single payment Policy, This can be a bit trickier than a standard monthly paid policy. These policies will offer a very small percentage of the premium should you just cancel it. An example of this is shown below. Their answer to this part is normally that the insurance premium pays more in the early stages of the loan as there is higher risk. (Yeah - higher risk to the lender and not the Customer) £3300 policy which had been running for 3yrs, Refund of £97.00 if cancelled. Some companies will state that the only way that you can cancel one of these policies is to refinance and settle the complete loan agreement with a new loan without PPI on the new loan. Some of the lenders will also try and fob you off with excuses like, you may not get a new loan at the same low %APR without PPI. Some will also state that you may not in fact be able to obtain a new loan from them at all; this of course is all scare tactics to try and make you change your mind about cancelling the loan etc. If your credit rating is not good then they will use this against you too. In my own case I managed to obtain a new loan from another provider at a far better %APR (5.8%) rate without PPI, though they did really try and sell their PPI..lol. I also took out a stand alone PPI policy from an Independent provider at well under a tenth of the cost I was quoted from the new Lender. Personally I have nothing against PPI Insurance, in fact I think it is a good thing as long as it sold properly and not at an extortionate rate like it is by the major High Street Banks and Loan Companies. 3) Mis Sold Policy The mis selling of these policies is a major concern not just for Consumer but in fact the FSA and the OFT are looking into this whole matter. Have you been Mis Sold PPI. (Some standard Conditions for PPI) a) Payment Protection Insurance cannot be made a condition of obtaining a loan. (This is the most common reason for mis selling) b) You are permantley resident within the United Kingdom c) You are Over 18 and Under 65 at the commencement of your loan, and you will not reach the age of 70 during the insured term. d) You are in Full time employment – Some policies define Full time employment as being working Over 16 Hours per week and that you have been in full time employment for at least 6 Months prior to the start date of the policy. e) Pre Excisting Medical Conditions may also Invalidate your Policy f) Some policies may cover if you are self employed.. Check your T & C first though. ** Latest Additions to be added to above (thanks Todge)** 1 You were not in work or self employed at the time of sale 2 You were told that you had to take the PPI out at the same time as the loan or not at all 3 You were not asked whether you had any other insurance which would cover the loan 4 You were not told you could buy PPI elsewhere to cover the loan 5 You were sold a policy which had age restrictions which you fell outside of 6 You were led to believe that Payment Protection Insurance was compulsory 7 You were told that you would stand more chance of getting the loan if you took the Payment Protection Insurance 8 It was not explained to you that there were certain exclusions within the policy that could affect you 9 You were pressured into buying the PPI 10 You paid upfront for the PPI but it was not explained that there were some PPI policies where you could pay monthly 11 Your PPI was an upfront premium and you repaid the loan early and received no refund 12 You increased your loan and the PPI was increased automatically 13 The Terms & Conditions of the small print were not fully explained to you You should in the first instance read through the full terms and conditions of your Payment Protection Insurance Policy. If you do not have these I would personally advise you to contact the Insurer and request these. If you do have to contact the Insurer for a copy of the terms and conditions you will need to know the date that you signed up for the policy, Request a copy of the terms and conditions relating to the policy that they had in place on that date. I would personally always deal with complaints regarding PPI by way of letter, unless you have the ability to record any telephone conversations regarding the complaint. Obviously should you have to take the complaint to court, the more evidence you have in writing the better. Some Interesting Facts Regarding PPI. On some Single premium PPI policies the actual cost for the insurance can be a low as 10% of the cost charged by the lender …That’s a whopping 90% straight profit for the lender.. Plus of course the extra Interest that they will make. Out of all the types of Insurances Policies available ( Car, Home etc) PPI has the lowest percentage of payout in claims, Making PPI the most profitable Insurance Policy currently on the market. Payment Protection Insurance has the highest rate of claims for Mis Selling than any other Insurance policy available. Most policies will only pay out for 12 Months maximum in any 1 claim. I hope this has helped, If you have any queries please do not be afraid to ask for help or advise in the forum. If you find any Interesting information relating to PPI I would be grateful if you could pass it on to me, I’m on a bit of a Mission with PPI..lol Additions to Post 22/3/07.. Reclaim your PPI premiums There's no need to pay someone a fee to pursue your mis-selling claim. By following our guide - and using our letter template - you can right the wrongs committed by your bank or lender. You will find the downloadable letters at the bottom of this page. Here we explain how to decide whether you have a case for reclaiming your premiums, and how to go about it: The background Payment protection insurance generates billions of pounds for banks and building societies and is widely recognised as being routinely mis-sold. The policies are designed to repay a particular debt if you find yourself out of work. We know of many instances when borrowers have been forced to buy an expensive policy as a condition of being offered a loan. {I:1} Do you have a mis-selling claim? • Being forced to buy a PPI policy in conjunction with a loan does not breach FSA guidelines. But the FSA says that fact does not exclude borrowers from making a mis-selling complaint to the Financial Ombudsman, who assesses whether the way the policy was sold was fair and reasonable. Banks and lenders who subscribe to the Banking Code agree they will not force customers to also buy their payment protection insurance, but they can insist on them having some form of PPI. We have heard a litany of complaints from borrowers who say unscrupulous salespeople told them they would not get a loan unless they signed up to the lender's own protection insurance. If this has happened to you, you should pursue the bank through its usual complaints process. If you have no success, the next step is to complain the Financial Ombudsman. • You may also have a case for mis-selling if you have been sold a policy while you are self-employed, unemployed or retired – all of which make PPI void. PPI policies are valid only for people who are employed by someone else and the lender or insurer should have checked your employment status when they sold the policy. • Most policies do not cover you for loss of income caused by a wide range of illnesses or ailments, including mental illness and back trouble, which keep thousands of people off work each year. A lender or insurer should warn you that illnesses like these, and other pre-existing conditions that might keep you off work, will not be covered. • If a lender sells you a PPI policy with a card or loan, it significantly increases the interest rate you will be paying. Lenders are obliged to advertise the total APR so you know exactly how much your monthly repayments – including insurance – will be. If they haven't, you can pursue them for mis-selling. The lender should also have explained to you the full cost of the policy, and how your monthly repayments without insurance would be affected by adding insurance to the loan or credit card agreement. If your lender did not do any of these things, you may have a claim for mis-selling. Additionally, you may have a claim if you have tried to cancel your PPI policy, and have been refused, or if you have cancelled the policy part-way through the loan period and received a smaller reduction in monthly payments than you were expecting. Template Letter 1 [Your address] The Complaints Department [Lender’s address] [Date] Dear Sir/Madam, Ref: [Your PPI policy number] I believe I have been mis-sold a payment protection insurance policy and would like to request a full refund of my premiums, plus interest paid. I took out a £xxx loan/credit card at your […. Branch] on [date] and also bought a payment protection policy which would cost me an extra £xxx over the life of the loan. [The name of the salesperson who sold me the policy is ...] The total amount of my premiums plus interest is £ xxxx. I am [self-employed/work as a contractor/unemployed/retired] and therefore will not be eligible for any payments from the PPI if I find myself unable to meet my debt repayments. Possible additional paragraphs – include the one which applies [Your salesperson knew this at the time of sale but did not point out to me that this would make the insurance policy useless to me.] or [Your salesperson did not check my personal circumstances at the time of sale, which they are under obligation to do. If they had done, they would have realised that a PPI policy was useless to me.] Insurers are under an obligation to ensure that the policy they are selling is appropriate to that customer and clearly, as my employment situation means I am unable to claim on the policy, you have not fulfilled this requirement. I am requesting a full refund of all my insurance payments, plus interest, which total [£ xxx]. If I do not receive a favourable response from you I will pursue this claim through the Financial Ombudsman. Yours sincerely [Your signature] Template Letter 2 [Your address] The Complaints Department [Lender’s address] [Date] Dear Sir/Madam, Ref – policy number I believe I have been mis-sold a payment protection insurance policy and would like to request a full refund of my premiums, plus interest paid. I took out a £xxx loan/credit card at your [branch name] branch on [date] and also bought a payment protection policy which would cost me an extra £xxx over the life of the loan. [The name of the salesperson who sold me the policy is …] The total amount of my premiums plus interest is £ xxxx. When I took out the loan, I was told that my application would be refused if I did not also buy a PPI policy. The Financial Services Authority’s advice to consumers is that, while it does not breach FSA guidelines, a borrower should not be refused a loan if they choose not to buy an insurance policy. Possible additional paragraphs – include any which apply to you [i also told your salesperson that I had adequate insurance cover through a separate income protection policy.] [i said I did not need the PPI as my employer provides a generous illness and redundancy package.] [You are not allowed to make PPI a condition of taking out the loan unless you include the costs of PPI in the quoted interest rate, which you did not do.] [in forcing me to buy this policy, you have also breached paragraph 8.6 of the Banking Code, to which you are a signatory.] I do not believe being forced to buy this policy as part of the loan was a fair and reasonable obligation as I did not need this insurance and said at the time of taking the loan that I did not want it. I am requesting a full refund of all my insurance payments, plus interest, which total [£ xxx]. If I do not receive a favourable response from you I will pursue this claim through the Financial Ombudsman. Yours faithfully, [Your signature] Hope these additions are Helpful.. Ian
  2. 1 point
    The forum is very confusing for some people and they are constantly asking where they can find letters and guides or for links to documents. Below is a complete A-Z index of the main stickys with their links. In addition there is the ConsumerWiki A -Z here: http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/123374-consumerwiki-z-index.html Please PM me or a Mod if you find any bad links or would like to add any other useful links If you are new to forums this thread will be invaluable: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html It shows you how to: Create and Reply to a thread Quote and Mutiple Quote from another thread Subscribe to a thread Search the forums Report a post User control panel Settings & Options Finding a post/thread Posting links Send PM's (Private Messages) Attach documents Abuse of the Court System: How to Complain http://www.consumeractiongroup.co.uk/forum/campaign/97712-complain-about-litigation-behaviour.html Account Closures: What to do http://www.consumeractiongroup.co.uk/forum/bank-templates-library/106950-what-do-if-your.html Account Closure: A & L Fined by FOS. How to Complain http://www.consumeractiongroup.co.uk/forum/general/63646-alliance-leicester-fined-fos.html Account in Dispute Letter Account_in_Dispute Advantage Gold & Natwest Charges Explained http://www.consumeractiongroup.co.uk/forum/natwest-bank/27521-advantage-gold-unarranged-borrowing.html Allocation Hearing: Witness Statement http://www.consumeractiongroup.co.uk/forum/bank-templates-library/115059-allocation-hearing-witness-statement.html Allocation questionnaire http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html?garpg=9 Allocation Questionnaire - N149 on-line PDF Version http://www.hmcourts-service.gov.uk/courtfinder/forms/n149_1105.pdf Allocation Questionnaires - A guide to completion: N149 & N150 http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html Allocation Questionnaire - Draft directions order http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html Allocation Questionnaires and Stays - Important Information http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78216-important-info-regarding-stays.html Allocation Questionnaire - Stays & Strike Out http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78216-aqs-stays-strike-out.html Allocation Questionnaire - Dispensing With the AQ http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html Allocation Questionnaire - Dispensing With AQ: Action to Take http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html?highlight=dispensed Amending a Claim: Guide http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html Australian Penalty Fees Report http://www.govanlc.com/clcv20unfairfeesreport.pdf Australian Penalty Fees Report - Summary http://www.consumeraction.org.au/downloads/DL29.pdf Bailiffs Bailiffs - Consumer Wiki BAILIFFS AND SHERIFF OFFICERS FORUM http://www.consumeractiongroup.co.uk/forum/baliffs-sheriff-officers/ Bailiffs, types of and their fees http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/33623-types-bailiffs-their-fees.html Bailiffs: Letter to Refer A/c Back to Council Bailiffs: Council Tax Template Letter Bailiffs: Certification Bailiffs: Check a Bailiffs Credentials Bailiffs: Code of Practice Bailiffs: Code of Practice Bailiffs: Complaints Bailiffs: Complaint about Certified Bailiff Bailiffs: Stop Council Tax Enforcement Bailiffs: Council Tax - Stop Enforcement Bailiffs: Council Tax Template Letter Bailiffs: Council Tax Template Letter Bailiffs: Fees Bailiffs: Detailed Assessment of Fees Bailiffs: Get the Bailiff to Pay Off Your Debt Bailiffs: Get The Bailiff to Pay Off Your Debt Bailiffs: Invalid Walking Possession Bailiffs: Invalid Walking Possession? Bailiffs: Irregular Distress Bailiffs: Irregular Distress Bailiffs: Letter to Hand to the Bailiff Bailiffs: Letter for Council Tax Bailiff at Your Door Bailiffs: Complaints Bailiffs: Make a Complaint About a Certified Bailiff Bailiffs: Declaration of Ownership of Goods Bailiffs: Ownership of Goods Bailiffs: Paying During Removal of Goods Bailiffs: Paying During Removal of Possessions Bailiffs: SAR Bailiffs: Subject Access Request Bailiffs: Various Template Letters Bailiffs: Useful Template Letters Bailiffs: Valid Walking Possession? Bailiffs: Valid Walking Possession Bailiffs: Know Your Rights Bailiffs: What They Can & Can't Do Bank Account criteria chart Bank Accounts BANK ACTION GROUP FORUM ABBEY http://www.consumeractiongroup.co.uk/forum/abbey-bank/ Cahoot http://www.consumeractiongroup.co.uk/forum/cahoot/ ALLIANCE & LEICESTER http://www.consumeractiongroup.co.uk/forum/alliance-leicester/ BARCLAYS BANK http://www.consumeractiongroup.co.uk/forum/barclays-bank/ Barclaycard http://www.consumeractiongroup.co.uk/forum/barclaycard/ The Woolwich http://www.consumeractiongroup.co.uk/forum/woolwich/ COOPERATIVE BANK http://www.consumeractiongroup.co.uk/forum/cooperative-bank/ Smile http://www.consumeractiongroup.co.uk/forum/smile/ HALIFAX BANK http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/ Intelligent Finance http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/ HSBC BANK http://www.consumeractiongroup.co.uk/forum/hsbc-bank/ First Direct http://www.consumeractiongroup.co.uk/forum/first-direct/ HFC (Household) http://www.consumeractiongroup.co.uk/forum/hfc-household/ LLOYDS BANK http://www.consumeractiongroup.co.uk/forum/lloyds-bank/ NATWEST BANK http://www.consumeractiongroup.co.uk/forum/natwest-bank/ THE NATIONWIDE http://www.consumeractiongroup.co.uk/forum/nationwide/ ROYAL BANK OF SCOTLAND & BANK OF SCOTLAND http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/ YORKSHIRE BANK & CLYDESDALE BANK http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/ OTHER BANKS/INSTITUTIONS http://www.consumeractiongroup.co.uk/forum/other-institutions/ Capital One http://www.consumeractiongroup.co.uk/forum/capital-one/ CitiCards http://www.consumeractiongroup.co.uk/forum/citicards/ Egg http://www.consumeractiongroup.co.uk/forum/egg/ MNBA http://www.consumeractiongroup.co.uk/forum/mbna/ Mortgage Companies http://www.consumeractiongroup.co.uk/forum/mortgage-companies/ Store Cards http://www.consumeractiongroup.co.uk/forum/store-cards/ BANK CHARGES IN PRINT FORUM http://www.consumeractiongroup.co.uk/forum/bank-charges-print/ Bank Charges - Guide to Reclaiming http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html Banking Code of Practice: Personal Customers http://www.bankingcode.org.uk/pdfdocs/PERSONAL_CODE_2008.PDF Banking Code of Practice: Guidance for Subscribers (Banks) http://www.bankingcode.org.uk/pdfdocs/PERSONAL_CODE_GUIDANCE_2008.PDF Banking Code of Practice: Business Accounts http://www.bankingcode.org.uk/pdfdocs/BUSINESS_CODE_2008.PDF Banking Code of Practice: Business Guidnace for Suscribers (Banks) http://www.bankingcode.org.uk/pdfdocs/BUSINESS_CODE_GUIDANCE_2008.PDF Bank Surve http://www.consumeractiongroup.co.uk/survey.php BANK TEMPLATES LIBRARY http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ Bankruptcy: protracted realisation unit & bankrupts http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/22342-bankruptcy-protracted-realisation-unit.html Benefits ? Is the bank taking your http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/36790-bank-taking-your-benefits.html Bill of Sales http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/112358-bill-sales-repossession-goods.html Brighthouse Stores (formerly Crazy Georges) Fact Sheet http://www.consumeractiongroup.co.uk/forum/brighthouse/130871-brighthouse-stores-formerly-crazy.html Budget Planner: Excel or Online The Budget Planner: Free tool and guide to managing your money... Business Claim - FAQ's http://www.consumeractiongroup.co.uk/forum/bank-templates-library/105213-guide-business-claims.html Business version letter to your bank - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/486-sample-letter-your-bank.html CAG RADIO FORUM http://www.consumeractiongroup.co.uk/forum/cag-radio/ Callcredit - Application Form Page Not Found CAMPAIGN FORUM http://www.consumeractiongroup.co.uk/forum/campaign/ Can I Claim Beyond 6 Years http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=6 Case guidance notes - bringing your case to court http://www.consumeractiongroup.co.uk/forum/guidance-notes/637-case-guidance-notes-bringing.html Case Guidance notes - Going to court http://www.consumeractiongroup.co.uk/forum/guidance-notes/641-case-guidance-notes-going.html Case Guidance notes - making a deal http://www.consumeractiongroup.co.uk/forum/guidance-notes/675-case-guidance-notes-making.html Case guidance Notes - making a familiarisation visit http://www.consumeractiongroup.co.uk/forum/guidance-notes/731-case-guidance-notes-making.html CASES LIBRARY http://www.consumeractiongroup.co.uk/forum/cases-library/ Charges- Different Descriptions by the Main Banks http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/92004-charges-can-claimed.html#post867497 Charging Orders : A Guide http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html Cheap/free calls- if you are spending too much phoning banks http://www.consumeractiongroup.co.uk/forum/helpful-external-links/38-cheap-free-calls-if.html Civil Procedure Rules - and forms - a five star site ***** http://www.consumeractiongroup.co.uk/forum/helpful-external-links/169-civil-procedure-rules-forms.html Comet http://www.consumeractiongroup.co.uk/forum/comet/ Complaining – A Comprehensive Guide http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/51998-how-complain-comprehensive-guide.html Complaints About Threads/Posts/Users http://www.consumeractiongroup.co.uk/forum/general/66282-cag-how-complain.html?highlight=CAG+how+to+Complain Companies House - search for a company http://www.consumeractiongroup.co.uk/forum/helpful-external-links/1458-companies-house-search-company.html Competition Commission. Essential report http://www.consumeractiongroup.co.uk/forum/helpful-external-links/44049-competition-commission-essential-report.html Consumer Credit Act (1974) http://www.consumeractiongroup.co.uk/forum/statutes-library/27535-consumer-credit-act-1974-a.html Consumer Credit Agreements: Example Agreements http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html ConsumerWiki - A-Z Index http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/123374-consumerwiki-z-index.html Contact Details For Banks http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html Contracts (Rights of Third Parties) Act 1999 http://www.consumeractiongroup.co.uk/forum/statutes-library/2647-contracts-rights-third-parties.html Contractual Interest - Arguements For & Against http://www.consumeractiongroup.co.uk/forum/general/79524-key-arguments-against-compound.html Consolidated Loans Consolidated Loans Consumer Protection from Unfair Trading 2008 http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/146460-consumer-protection-unfair-trading.html Consumer Protection from Unfair Trading: Complaint Letters http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/ Costs: Template Application Letter http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.html Costs : Wasted Costs Order http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html County Court fees and exemptions http://www.consumeractiongroup.co.uk/forum/helpful-external-links/63-county-court-fees-exemptions.html Court Bundle - Basic http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html Court Bundle -Advanced http://www.consumeractiongroup.co.uk/forum/bank-templates-library/111522-advanced-court-bundle.html Court Bundle - Examples of Witness Statement, Document list etc http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html Court Bundle - Witness Statements Abbey Court Bundle & Witness Statement Lloyds Witness statement Court Bundle - Make Sure You Read This http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html#post732094 Court Bundle - Non-Compliance Template If Bank Fails to Submit Bundle http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html#post485266 Court Buddy -Register as a http://www.consumeractiongroup.co.uk/regbuddy.php Court Buddy - Find a http://www.consumeractiongroup.co.uk/buddy.php Court Date - Advice http://www.consumeractiongroup.co.uk/forum/abbey-bank/52494-read-now-if-you.html Court Date? - A Guide to Different Hearings http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html Court Guidance Notes http://www.consumeractiongroup.co.uk/forum/guidance-notes/ Court Fees - Do you have to pay them? http://www.consumeractiongroup.co.uk/forum/helpful-external-links/2147-court-fees-do-you.html Courts Service information and links to useful documents http://www.consumeractiongroup.co.uk/forum/helpful-external-links/13-courts-service-information-links.html Costs: Application For Costs in Small Claims http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.html#post563326 Credit Agreement Requests;Basic Information http://www.consumeractiongroup.co.uk/forum/legal-issues/131982-basic-information-credit-agreement.html Credit Cards:Who Owns Who Credit Cards: Who Owns Who Credit Reference Agencies: Application Forms Page Not Found http://www.experian.co.uk/downloads/consumer/cfa.pdf https://www.econsumer.equifax.co.uk/consumer/uk/uib/images/EFX_UK/en_GB/your%20equifax%20credit%20file%209-05.pdf Credit/Store Card Letter Template (thanks Bookworm01036) http://www.consumeractiongroup.co.uk/forum/bank-templates-library/586-credit-store-card-letter.html Creditors and DCAs - Letter Templates & Budget Planner http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html Letter A - Ask your creditors to hold action on your account Letter B - Ask your creditors to accept pro rata offers of payment on your debts Letter C - Ask your creditors to accept a token payment or no payment on your debts Letter D - When a creditor refuses your offer of payment Letter E - When a creditor refuses to freeze interest on your account Letter F - When a creditor has turned down an offer of payment, interest is still being added, and you want the creditor to take you to court. Letter G - When creditors have turned down an offer of payment, interest is still being added but you don’t want to go to court Letter H - When a creditor asks you to agree to a voluntary charge against your home Letter I - Request for a stay of execution in the High Court Letter J - Full and final settlement for any debt Letter K - Ask creditors to write off the debt due to your circumstances Letter L - Ask your creditors to reconsider if they refuse to write off the debt Letter M - Dispute your liability for a debt where a creditor has not contacted you for over six years Letter N - Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974 Letter O - Mortgage shortfalls: Breakdown of balance owed Letter P - Mortgage shortfalls: Please write off the debt Letter Q - Mortgage shortfalls: Full and final settlement letter Letter R - Mortgage shortfalls: Lender should not pursue under CML policy Letter S - Inform your creditor that you are terminating your hire purchase/conditional sale agreement Credit Scoring Credit Scoring - Consumer Wiki Currys http://www.consumeractiongroup.co.uk/forum/currys-dixons/ CUTTING AND SOUNDFILES LIBRARY http://www.consumeractiongroup.co.uk/forum/cuttings-soundfiles-library/ CYNtheSYS - Clydesdale & Yorkshire Costs Breakdown http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/78681-clydesdale-yorkshire-northern-system.html Data Controller , Find the address for the http://www.consumeractiongroup.co.uk/forum/helpful-external-links/26909-find-address-data-controller.html Data Protection Act notice S10 - if you have been defaulted for unlawful penalties http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html Data Protection Act - Taking a Case to Court http://www.consumeractiongroup.co.uk/forum/helpful-external-links/7054-data-protection-act-taking.html Data Protection Act 1998 http://www.consumeractiongroup.co.uk/forum/statutes-library/91-data-protection-act-1998-a.html Data Protection Act, Subject Access Request letter - List of charges http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516- Data Protection Act - Non-Compliance - Template Letters http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html Data Protection Act Non-Compliance - Particulars of claim http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html 1-data-protection-act.html DCA’s Address & Contact Details http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/14775-dcas-address-contact-details.html DCAs and Creditors - Letter Templates & Budget Planner http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html DCA's: Dealing With Phone Calls http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131475-dealing-dcas-phone-calls.html DCA: Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage DCA: Using CPR 31.14 to Your Advantage DEALING WITH DEBT IN SCOTLAND FORUM http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/ Debt - A Glossary of Terms http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/23991-debt-glossary-terms.html DEBT ADVICE FORUM: http://www.consumeractiongroup.co.uk/forum/#black-consumer-forums-center DEBT: LEGAL ISSUES FORUM http://www.consumeractiongroup.co.uk/forum/legal-issues/ Debt: A - Z of Debt Terminology http://www.consumeractiongroup.co.uk/forum/general-debt-issues/161658-z-debt-terminology.html Debt: Where to Get Help Debt: Where to Get Help - Consumer Wiki Debt: How to Get Out of http://www.consumeractiongroup.co.uk/forum/getting-out-debt/120603-how-get-out-debt.html?highlight=How+to+get+Out+of+Debt Debt Handbook: Useful Guide & Advice The Debt Handbook Debt: Letter Templates http://www.consumeractiongroup.co.uk/forum/letter-templates/ Debt Management Plan Debt Management Plan Defaulted, I have been http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html?garpg=7 Defaults & Data Protection Issues http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/ Defaults – A Removal Method & Template Letters http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html Delayed Flight Compensation EU http://www.consumeractiongroup.co.uk/forum/holiday-companies/17177-delayed-flight-compensation-eu.html Digital signature Guide http://www.consumeractiongroup.co.uk/forum/general-debt-issues/110578-digital-signature-guide.html?highlight=Digital+signature Direct Debit Guarantee http://www.consumeractiongroup.co.uk/forum/helpful-external-links/194-direct-debit-guarantee.html Directions Non-Compliance Letters http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-directions-non-compliance-letters.html Disability Discrimination Acts -1995 and 2005 http://www.consumeractiongroup.co.uk/forum/statutes-library/3708-disability-discrimination-acts-1995-a.html Disrepair in Private Rented Accommodation http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/74057-disrepairs-privately-rented-accommodation.html#post641938 Dixons http://www.consumeractiongroup.co.uk/forum/currys-dixons/ DOCUMENTS LIBRARY - 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updated 22 October 2007 OFT Test Case: POC's http://www.oft.gov.uk/shared_oft/bus...s-of-claim.pdf OFT Test Case: OFT POC's, The Bank's Defence, OFT Response etc http://www.consumeractiongroup.co.uk/forum/general/113391-oft-banks-documentation.html#post1184504 OFT Test Case: Info Links http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/111194-oft-fsa-fos-links.html OFT Test Case: Advice on What to do http://www.consumeractiongroup.co.uk/forum/general/107550-oft-test-claim-what.html OFT Test Case: Full transcripts of the Hearing OFT Test Case: Transcripts OFT v The Banks: Read This if You're Worried http://www.consumeractiongroup.co.uk/forum/general/108091-oft-banks-dont-panic.html OFT Test Case: April 2008 - What the Judgment Means for You http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/139971-oft-abbey-others-april.html OFT Test Case: April 2008 - Updated FAQ's http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/142775-bank-charges-april-2008-a.html OFT Test Case: OFT Statement 23rd May 2008 http://www.consumeractiongroup.co.uk/forum/announcement.php?f=166&a=119 OFT Test Case: Q & A's 30 May 2008 OFT Test Case: Q & A's 30 May 2008 OFT Test Case: Q & A's 14 August 2008 OFT Test Case: Q&A's 14 August 2008 OFT Newsletter Jan 2008 http://www.consumeractiongroup.co.uk/forum/general/126797-oft-retail-banking-team.html Office of Fair Trading http://www.consumeractiongroup.co.uk/forum/helpful-external-links/32-office-fair-trading-unfair.html Office of Fair Trading - Credit Card Report Summary http://www.oft.gov.uk/shared_oft/rep...ts/oft842a.pdf OpenOffice - Free Alternative to Excel for PC's OpenOffice.org - The Free and Open Productivity Suite OpenOffice - Free Alternative to Excel for Mac's http://www.versiontracker.com/dyn/mo...acosx/10209910 Other Stores http://www.consumeractiongroup.co.uk/forum/other-stores/ Parachute account?, Do you need a http://www.consumeractiongroup.co.uk/forum/general/13832-do-you-need-parachute.html Package Travel, Package Holidays and Package Tours Regulations 1992 http://www.consumeractiongroup.co.uk/forum/holiday-companies/4470-package-travel-package-holidays.html PARKING / TRAFFIC WARDENS FORUM http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/ Parking Tickets - Private: Everything You Need to Know http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/65341-private-parking-companies-charges.html Parking Tickets - Private: Template Letters http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/119802-private-parking-tickets-template.html Parking Tickets: Changes to Parking Laws from April 2008 http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/129585-changes-dpe-april-08-a.html#post1363442 Parking Tickets: Council Fine, But no PCN or NTO http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/131121-council-parking-fine-but.html#post1378143 New POC's for Bank Charges: Abbey, A&L, Barclays, Co-op, HSBC, Lloyds, Natwest,RBS & Yorkshire http://www.consumeractiongroup.co.uk/forum/bank-templates-library/107566-bank-charge-poc-n1.html New N1 POC's for Credit Cards: Abbey, Barclaycard, Capital One, Citicard, Co-op, Egg, Lloyds, Natwest http://www.consumeractiongroup.co.uk/forum/bank-templates-library/122528-credit-card-charges-poc.html Particulars of claim - N1 - hard copy version http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html PCWorld, http://www.consumeractiongroup.co.uk/forum/pcworld/ Posts: How to make http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/13182-how-make-posts.html PPI FORUM http://www.consumeractiongroup.co.uk/forum/ppi/ PPI: Guide to Making a Claim http://www.consumeractiongroup.co.uk/forum/ppi/61081-ppi-some-notes-claimants.html#post514670 PPI: Draft POC's http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/123886-poc-ppi-do-we.html PPI Calculator http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/152816-download-ppi-calculator-here.html#post1624569 Preliminary Approach Template Letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html Private Messages, Asking questions by http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/14608-asking-questions-pm.html Private Messages, Receiving http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/15742-receiving-personal-messages-pms.html Record your Internet telephone conversations with the Bank http://www.consumeractiongroup.co.uk/forum/helpful-external-links/39-record-your-internet-telephone.html Record your telephone conversations with the bank http://www.consumeractiongroup.co.uk/forum/helpful-external-links/19-record-your-telephone-conversations.html Rejection of settlement offer http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html Representation at Court http://www.consumeractiongroup.co.uk/forum/lloyds-bank/100066-can-someone-else-represent.html#post938013 RESIDENTIAL & COMMERCIAL LETTINGS FORUM http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/ Right of Appropriation Letter - 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Basic Rights http://www.consumeractiongroup.co.uk/forum/retail-stores-forums/117106-sale-goods-basic-guide.html Scottish Small Claims Procedure - Act of Sederunt 2002 http://www.consumeractiongroup.co.uk/forum/statutes-library/162-scotish-small-claims-procedure.html SCOTLAND FORUM http://www.consumeractiongroup.co.uk/forum/scotland/ Scotland, £750 - £1500 http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=3 Scottish Civil Procedure - some tips from Govan Law Centre http://www.consumeractiongroup.co.uk/forum/helpful-external-links/441-scottish-civil-procedure-some.html Scottish Court Service http://www.consumeractiongroup.co.uk/forum/helpful-external-links/161-scottish-court-service.html Scottish Debtline Scottish Debtline - Homepage Scottish Limitation Period Extended http://www.consumeractiongroup.co.uk/forum/insurance-assurance-companies/3099-scottish-limitation-period-extended.html Scottish Procedure http://www.consumeractiongroup.co.uk/forum/guidance-notes/11123-scottish-procedure.html Settled Claims List lit settled.xls Litigation Section - View and print out litigation spreadsheets here Settlement letter to the Court http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html#post487345 Site Map http://www.consumeractiongroup.co.uk/forum/sitemap/ Small Claims Advice from The Citizens Advice Bureau http://www.consumeractiongroup.co.uk/forum/helpful-external-links/12-small-claims-advice-citizens.html Spreadsheet of Settled Claims http://www.consumeractiongroup.co.uk/forum/general/64871-spreadsheet-claims.html Spreadsheet with interest http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html Spreadsheets: Vampiress' Google Spreadsheets VAMPIRESS'S CHAMBER OF "CONSUMER ACTI... Spreadsheet : Alternative to Excel http://www.consumeractiongroup.co.uk/forum/bank-templates-library/2004-free-alternative-excel.html Spreadsheet: Mindzai's Excel Contractual U_Mindzias Compound Sheet***Audio Song | Movies |Free File Hosting, Software & MP3 Downloads, Free File Sharing - Ziddu Spreadsheet: Online & Simple to Use iCalculate STATUTES LIBRARY http://www.consumeractiongroup.co.uk/forum/statutes-library/ Statute Law Database Home - Statute Law Database Statutory Interest in your CCJ?: Are they entitled to claim http://www.consumeractiongroup.co.uk/forum/legal-issues/129731-they-entitled-claim-statutory.html Statement of Evidence - for Draft Direction Order http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-3.html#post482194 Stay: Application for removal of http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html Stay: Application for removal of: UPDATED http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820 Stay: Application for Removal on Hardship Grounds http://www.consumeractiongroup.co.uk/forum/bank-templates-library/115059-allocation-hearing-witness-statement.html Stays re: OFT Test Case - Info & Guidance http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html Stay: Hearing Bundle http://www.consumeractiongroup.co.uk/forum/bank-templates-library/114505-bundle-stay-hearing.html Stay: Skeleton Arguement http://www.consumeractiongroup.co.uk/forum/bank-templates-library/115276-skeleton-argument-stay-hearing.html Stay: Credit Card claim: Letter of Objection http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/114308-objection-stay-credit-card.html STEP-BY-STEP INSTRUCTIONS http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html Guide to Reclaiming Bank Charges http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html STUDENTS FORUM http://www.consumeractiongroup.co.uk/forum/students/ Supply of Goods and Services Act 1982 http://www.consumeractiongroup.co.uk/forum/statutes-library/43-supply-goods-services-act.html Sale of Goods Act 1979 as amended http://www.consumeractiongroup.co.uk/forum/statutes-library/43-supply-goods-services-act.html Sale of Goods Act: Guide to Consumer Rights http://www.consumeractiongroup.co.uk/forum/retail-stores-forums/117106-sale-goods-basic-guide.html Tax on Interest http://www.consumeractiongroup.co.uk/forum/legalities/49641-important-information-regarding-tax.html TELECOMS- MOBILE, FIXED & BROADBAND FORUM http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed-broadband/ Terms & Conditions http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html Theft (Amendment) Act 1996 http://www.consumeractiongroup.co.uk/forum/statutes-library/90-theft-amendment-act-1996-a.html THIS SITE – QUESTIONS & ANSWERS FORUM http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/ Treasury Select Committee Minutes http://www.consumeractiongroup.co.uk/forum/general/508-treasury-committee-bank-penalties.html?highlight=Treasury Ulster banks under investigation http://www.consumeractiongroup.co.uk/forum/helpful-external-links/336-ulster-banks-under-investigation.html Unanswered Posts: Your Help Needed Click_here Unfair Contracts Terms Act 1977 http://www.consumeractiongroup.co.uk/forum/statutes-library/33-unfair-contracts-terms-act.html Unfair Terms in Consumer Contracts Regs. 1999 http://www.consumeractiongroup.co.uk/forum/statutes-library/40-unfair-terms-consumer-contracts.html User Guide & Contacts List http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-user-guide-contacts-list.html UTILITIES: GAS, WATER, ELECTRICITY FORUM http://www.consumeractiongroup.co.uk/forum/utilities-gas-electricity-water/ VEHICLE RETAILERS AND MANUFACTURERS FORUM http://www.consumeractiongroup.co.uk/forum/vehicle-retailers-manufacturers/ Wasted Costs Order http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html Wiki Consumer_Action_Group_Wiki ConsumerWiki - A-Z Index http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/123374-consumerwiki-z-index.html Witness Statements Abbey Court Bundle & Witness Statement Lloyds Witness statement What Can I Claim For? http://www.consumeractiongroup.co.uk/forum/hsbc-bank/15518-charges-description-statements-please.html When You Get Your Refund http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html Who Owns Who http://www.consumeractiongroup.co.uk/forum/general/124079-banks-building-societies-mortgages.html WORD FROM THE BANKS FORUM http://www.consumeractiongroup.co.uk/forum/word-banks/
  3. 1 point
    Hi Oldbear. Yes you just reclaim these in exactly the same way. Dont forget that if they have added them to the loan, you will be paying interest on them too. Reclaim them back as you would bank charges and say you wanted them deducting from the debt together with any interest paid on them.
  4. 1 point
    Aww thanks for the luv to my lil muffin! Energetic lil chufta eh?! Yes of course you can use my letters ... copy n paste away! That's why I posted in the faint hope they may help others. Also, yup the service charge is another word for interest .... they think if they call it a service it'll be better me thinks ... still an absolute fortune tho eh ... oughta wear masks the robbers!! From experience they seem to pay the admin charges back no bother but expect to receive vouchers first .. just return them & tell 'em you want a cheque tho & there will be no bother I'm sure. They're digging in their heels a bit with the contractual interest tho so I think I just need to dig mine in a little harder. I've been on the verge of 'chickening out' on this but my mates are there to encourage me so I think I may carry on ... just waiting an updated statement to see how they've reached a £240 balance on an account that's been zero for so long & all I've had is a refund from them!!! Laughable or what!! Anayway, good luck with your claim ps ... well done you for managing to read all my thread ... there's been a bit of frivolity along the way but we hope it just makes for a more interesting read .... hay Bill ... Willow ... bong ....
  5. 1 point
    Yes carry on, but and commence proceedings for the balance only and send a letter along these lines. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html Once you have sent the letter spend the money. They really are paying out earlier and earlier these days.
  6. 1 point
    I'm getting a vague hint the commissioners office may be involved
  7. 1 point
    You need to discover what is actually making the computer crash. You are within your rights to go back to Scan and ask them to tell you what the problem is, as the components which they have supplied do not appear to be working. Once you know this, it should be a clear run home, as it will more than likely be a component which they have supplied, which is faulty and they legally have to exchange or refund. They do NOT have to give you one or the other, as most retailers will say they only exchange. This is not true, and the consumer is entitled to whichever one they prefer. I had problems with Scan a couple of years ago, as I had a motherboard which had died when I was building a PC. Their tech department spent an hour asking me to do things, which I did to no avail. I sent the board back at their request, and they promptly tried to charge me for the return and refused to refund the money as they said it was not faulty. After lengthy chats, they agreed to refund the money as I went and bought one elsewhere. Dabs.com is always a good choice, and their prices are much more reasonable.
  8. 1 point
    Tifo you are right they do ony have limited powers. They can hit companies who don't comply with the notification part of the Act, but otherwise all they can do is advise us to seek recompense from the Court.
  9. 1 point
    Here you go Brian. I knew if I searched for posts by Michael Browne with a keyword of claim form I'd find something of use. Follow this link here and it should take you directly to a post in which Micahel Browne very usefully sets out what you need to put in each section of the form. So the answer is you put the following in the value section: Value: Bank charges (and overdraft interest if claimed) - £XXXX Data Protection Act Fee - £XX (if claimed) S69 8% Interest - £XXX Total of - £XXXX Plus daily interest at 8% of £0.XXp from the date of issue until settlement. So you set out the total s69 8% interest earned up to the date of filing your claim and then you put in the daily rate that will be added to your claim from that date on. So the total amount you put in the box in the bottom right of the form for amount claimed is the total above: bank charges + data protection fee (if you did an SAR and paid £10) and the s69 8% interest earned up until the day you file. I hope that clears it up for you. Lucid
  10. 1 point
  11. 1 point
    Sure going to be interesting seeing what responses come back to those letters!! So far Kings Hill haven't responded to our SAR at all. The stuff we had came from Cabots.
  12. 1 point
    Sorry just re-read your post and obviously you have not taken it back yet! So your first port of call is the retailer -and try & locate some kind of proof of purchase!
  13. 1 point
    So firstly write to the bank telling them that these charges are unlawful and you want the bank to stop imposing them. Next step, start the process of reclaiming these charges. A guide to all of these are to be found here:http://www.consumeractiongroup.c o....se-read-these/ When you have read plenty start a thread in your own bank forum, so we can easily look to see how well you are doing and offer advice when needed. good luck, Happy. If this helps please tip the scales bottom left. __________________
  14. 1 point
    Hi Matt and your sister. My advice would be, If your sister could close the account do that first but as they are still putting charges onto the account then she may not be able to do this. I guess that she still owes a lot of money to them. So firstly write to the bank telling them that these charges are unlawful and you want the bank to stop imposing them. Next step, do as with your own account and start the process of reclaiming these charges. A guide to all of these are to be found here:http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ When you have read plenty start a thread in your own bank forum, so we can easily look to see how well you are doing and offer advice when needed. good luck, Happy. If this helps please tip the scales bottom left.
  15. 1 point
    Its the date the charges were applied.
  16. 1 point
    Thia is very long I'm afraid, but it's a collection of bits of various documents and my own musings through succesfully claiming back money owed to me through a mis-sold endowment. Nightmare computer problems trapped this doc in my old computer for 6 weeks so apologies for the long delay! If you find it useful, please click the scales! More than five million endowments have a shortfall. If yours is one of them, is this just bad luck or were you badly advised? There are 11 million endowment policies linked to mortgages in the UK. More than half are predicted to fail to do what they were sold to do - pay off people's mortgages. This is yet another depressing statistic to add to the financial services industry's dismal track record. Yet, despite the enormity of the problem, the regulator for financial services, the Financial Services Authority (FSA), won't conduct an industry review. No review - no problem? This doesn't mean there hasn't been mis-selling, or that you can't claim compensation if you were wrongly advised to take out an endowment mortgage. What it does mean is that the onus is on you to get your case reviewed, by making a complaint. Read on to find out whether you have a valid complaint, how to put your complaint together and how much compensation you might receive if your complaint is upheld. How to Seek Compensation You won't receive compensation simply because your endowment has a shortfall. Use our guide to find out whether you should claim The fact that your endowment has a shortfall is not, in itself, grounds for complaint. You have to prove that you were wrongly advised to take out an endowment mortgage, and that you have lost out financially as a result. Think back to the meetings you had with your adviser and what you were told. If any of the following ring a bell, you may have good grounds for making a complaint. Your attitude to risk A lot depends on your attitude to risk at the time the endowment was sold to you, and on whether your adviser established this. Recent research by the FSA Consumer Panel showed that only 10 per cent of people surveyed said the adviser told them about the risk attached to endowments. The adviser should have established how risky or cautious you were with your savings or investments, and explained that there was a risk the endowment might not pay off the mortgage. They should have told you that the amount you would get back depended on the performance of the policy, and discussed carefully the fund(s) in which you invested. Overstated claims We know from the many Which? members who have contacted us that advisers often used to be bullish about the likely performance of the endowment, boasting that it would not only pay off the mortgage, but also produce an additional lump sum. Some advisers claimed that 'no endowment has ever failed to paid off a mortgage'. If your adviser said things like this, include it in your complaint, even if you have no proof. Churning If you already had an endowment policy at the time the mortgage was recommended, this should have been used to back your loan. If your adviser told you to cash in the endowment and then sold you another one to replace it, this is called 'churning' and is appalling advice. It's also against the rules. Payments into retirement If your mortgage and endowment were set to continue past your expected retirement age, your adviser should have felt confident that you would have enough income in retirement to continue to pay the mortgage and endowment premiums. If this wasn't discussed, or if you were told not to worry because the endowment would pay off the mortgage before retirement, this is grounds for a mis-selling complaint. Norman's conquest You will need patience if you decide to make a complaint. Norman Huntingdon's complaint against his firm of advisers, Chatterton-Bennett, started in December 1999 and was finally upheld by the Ombudsman in August 2000. However, it took Chatterton-Bennett until December 2000 to gather all the information needed to calculate the compensation. The good news is that interest is usually added to any claim from the date of the Ombudsman's decision. So while Norman has had to wait a while, he won't have lost out further by the delay in the compensation being paid. Endowment Policies January 2001 Your Endowment File Whoever advised you take out the endowment policy was required to give you 'best advice'. If the best advice for you was to choose an endowment mortgage, this should be demonstrated by the various documents that the adviser needed to complete, and which should be held on your endowment file. In reality, many files don't contain adequate evidence that an endowment was best advice. While this lack of proof is not enough in itself to ensure your complaint is upheld, it will help your case if the file is inadequate. You can ask the company that advised you for copies of all the documents on your file. Making your complaint The first thing to do is to contact the firm that advised you to take out the endowment. If your adviser was independent (an IFA), you must go to the compliance department of the adviser's company. If your IFA is no longer trading, go straight to the FOS for advice, see contacts. Our step-by-step guide to making a financial complaint (here) gives more details and explains the coming changes to the various ombudsman schemes. What to include in your complaint Don't forget to include basic information, such as your policy number, when the advice was given and, if you know it, the adviser's name. When putting together your complaint, summarise why you think the advice was wrong. For example, because your adviser failed to explain the risks involved with endowments, or to go through all the other options with you carefully. Perhaps they made no attempt to establish your attitude to risk, in which case include this. Also include anything the adviser said about the the policy providing a lump sum after repaying the mortgage, or about the track record of endowments. If you are risk averse, illustrate this by explaining what other savings you had at the time you took out the mortgage. If you previously had a repayment mortgage but were persuaded to change, mention this. More help before you complain To streamline complaints, the FOS has a questionnaire it is sending to people who have already had their complaint assessed by their endowment provider. However, you can ask for a copy of the questionnaire to use as a guide when making your initial complaint. Also ask for a copy of the FOS's briefing note on endowment complaints. This is intended for endowment providers, but it's useful for complainants, too, as it explains how the FOS assesses complaints. The FSA has produced factsheets about endowment shortfalls and on how to go about making a complaint. We give the FSA and FOS details on contacts. Was the advice regulated? Anyone who was wrongly sold an endowment after 28 April 1988, which is when the Financial Services Act came into effect, can make a formal complaint. However, as the O'Neills discovered, if you took out an endowment before this, there may be no way to seek redress. Most large organisations, such as insurance companies and banks, have signed a voluntary jurisdiction agreement. This means that complaints concerning endowments that were taken out before April 1988 will be dealt with in the same way as all other endowment mis-selling complaints, so you shouldn't have a problem. However, smaller firms, like IFAs, are unlikely to have signed the agreement and so need not deal with pre-April 1988 complaints at all. This also applies to firms that never became regulated. In either of these circumstances, neither the Ombudsman nor the Investors Compensation Scheme can deal with your complaint; your only hope of redress is via the courts. Endowment Policies January 2001 Compensation If your complaint is upheld by your endowment provider or your adviser's firm, you will be offered compensation. However, until recently this has often been derisory, as Helen Bleehen found out (see 'Compensation check', below). This was because the payout was generally a refund of premiums plus interest, which was often little more than the value of the cancelled endowment policy. Things have improved now, though. The FSA has issued guidelines to endowment providers and financial advisers on the way they should calculate compensation. Doing the sums The FSA guidelines make clear that the aim of compensation is to put people into the position they would have been in had they been given the right mortgage advice. In most cases, where an endowment mortgage is considered bad advice, the best advice would probably have been to take out a repayment mortgage. To establish whether someone has lost out financially, the FSA now requires whoever recommended the endowment to compare the current value of the endowment with the amount of capital that the borrower would have repaid had a repayment mortgage been recommended. If the capital repaid is greater than the endowment value, the loss - and the likely level of compensation - is the difference between the two amounts. This is a fair way to work out how much compensation people are entitled to. However, it is a time-consuming calculation to make. To ensure that your complaint is not delayed, make sure you provide details of your mortgage lender and mortgage account (your reference number, for example). This will help to speed up any requests for information your endowment provider or adviser will have to make to your mortgage lender. Taking it further If you don't agree with the outcome of your complaint, your next step is to take your case to the ombudsman. In its 'deadlock' letter, your endowment provider or financial adviser will give you the name and address of the relevant ombudsman and details of how to complain. Compensation check When Helen Bleehen learnt that her endowment had a shortfall of £15,200, she complained about the advice she had received. Legal & General upheld the complaint and offered to cancel her endowment policy and to return all the premiums she had paid, plus interest. We didn't think this was adequate compensation and advised Helen to get it checked by the Ombudsman. It's just as well we did because the FSA has recently announced that compensation will now be worked out by comparing the value of the endowment with the capital that would have been repaid with a repayment mortgage (see 'Doing the sums', above). The Ombudsman is currently calculating what Helen should receive under the new guidelines; it's likely to be considerably more than she was offered originally. Policies January 2001 Contacts Financial Ombudsman Service 020 7216 0016 Financial Services Authority 0845 606 1234 Institute of Financial Planning 0117 945 2470 No One to Turn to Terry and Barbara O'Neill were sold a 20-year endowment mortgage in March 1988 after a meeting with advisers from Scottish Life and from an IFA firm, PA & OM Wright & Partners. Terry was 50 and Barbara 49, so they questioned whether the 20-year term was suitable, as it meant the endowment and mortgage continued until Terry was 70. Terry says the Scottish Life adviser assured them the endowment would pay off the mortgage by the time Terry retired at 65. Terry is now 64 and due to retire next year. Far from being able to pay off the mortgage early, as they were promised, the endowment has a shortfall. However, the O'Neills can't get compensation. Scottish Life says the IFA is responsible for the advice because Scottish Life paid it commission for selling the endowment. The Ombudsman agrees. But the advice was given a month before regulation came into effect and the IFA is no longer trading, so none of the existing redress schemes apply. See Was the advice regulated?, for more on this. With friends like these ... Just two years after taking out a Friends Provident endowment through an IFA, Lesley Ashworth has been told that it has a potential shortfall of £6,100. She currently pays £312 a month for her mortgage and endowment. If she switched to a repayment mortgage - which is guaranteed to pay off the loan at the end of the term - her monthly payment would be just a few pounds more at £319. Bad advice from Lloyds Sally Norman and Leslie Murphy were a bit luckier than the O'Neills because they were sold their endowment mortgage in August 1988 - just after regulation came in. They have good grounds for complaint because they say their Lloyds Bank manager, who recommended they take out the endowment, didn't explain the risks this involved. They also say he failed to assess their attitude to risk or discuss any other options open to them - such as a repayment mortgage. We estimate that, if Sally and Leslie had taken out a repayment mortgage, they would now have repaid around £19,300 of their £72,000 mortgage. Instead, after paying in £14,500 over the last 12 years, their Eagle Star endowment is worth just £10,870 and has an estimated shortfall of £22,000. Before contacting us, they had agreed to increase their endowment premiums by £75 a month, as suggested by Eagle Star. Sally and Leslie are now making a complaint to Lloyds/TSB about the advice they received in 1988. Mix-up with a top-up In April 1996, Louise and Guy Bastow took out a new mortgage with Woolwich for £53,500. They already had an endowment covering their old mortgage of £23,500, so Woolwich sold them a 'top-up' endowment to cover the balance (£30,000). However, Louise says that it wasn't made clear the new endowment was just a top-up and they cashed in their first policy. Although the sale of the top-up endowment wasn't bad advice, Louise and Guy's case highlights the need for advisers to give clear information and to ensure customers understand what they are buying. They weren't given clear information and are over £20,000 short on their mortgage as a result. Louise and Guy discovered the problem only when they received the standard projection letter that all endowment providers have been sending to their customers. Ironically, the top-up endowment is on target to repay the £30,000 it covers. Sweet FSA The FSA says there won't be an industry-wide review into endowment mis-selling like there was with personal pensions a few years ago. This decision is based on calculations it has done which show that, over the term of the mortgage, most people will fare at least as well with an endowment-backed loan as with a repayment one. But we think those calculations are flawed because of the way the FSA has dealt with endowment charges. The bulk of charges on endowments are levied in the first few years. During this time, relatively little of your monthly premiums are invested, so investment growth tends to be slow or non-existent. This slow start affects the value of a policy throughout its life. However, the FSA's calculations don't take into account upfront charging. Instead, they assume that charges are spread evenly over the term of the policy. This overestimates the real value of people's endowments. Agreement on compensation While we agree that a review along the lines of the pension mis-selling one is not practical, we think the FSA is being too complacent and is not doing enough to identify those consumers most at risk. Having said that, the FSA does acknowledge that many people have been wrongly sold endowment mortgages, and it has now issued guidance on how their loss should be calculated. This is by comparing the financial position they are in now with the position they would have been in had they taken out a repayment mortgage. So, if you think an endowment mortgage was wrong for you, don't be put off complaining just because there won't be an industry-wide review. Even if you have surrendered your endowment policy, you can still complain if you think you were originally given bad advice. However, if you were advised to take out the endowment before April 1988, see 'Was the advice regulated?'. Hope this is useful! 221b
  17. 1 point
    Hi Brian, Yes if you're using the N1 claim form then you have found the right particulars. Yes you're right, copy and past it into a word document and add all of your personal details. These particulars are part of your claim form, so as well as including these you also need to fill out the N1 form which you can get from here. You also need to include an up to date schedule of charges with the statutory interest (8%) added as well. Obviously have a read through the particulars of claim you've pasted above (you might get told to edit and remove the text you've pasted by the way as it comes from the templates forum and i don't think we can paste up templates for the use of non-members) and make sure that you understand each point and that you're happy with each point. If there's anything specific to your claim that you think should be included then just ask for others' advice and you will get it. Be sure to take your time. Lucid
  18. 1 point
    A couple of links that may help along the way Court N1 form http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html Moneyclaim Online https://www.moneyclaim.gov.uk/csmco2/index.jsp Court Bundle http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html
  19. 1 point
    You serve it on their registered offices which will be in the contacts thread at the top of this forum. Btw you can count weekends when you give time limits.
  20. 1 point
    Okay what you need to do is start reading aruond the site starting with the FAQs, this amount is partly made up of charges so the bank cannot persue it as it will be in dispute as soon as you start your claim. Have a read around and see what the process involves, hoe to get your charges back and your default removed. When you are ready start a thread in your banks forum and keep us informed.
  21. 1 point
    after 6 years with no contact every debt is statute barred, i.e. cannot be collected.
  22. 1 point
    Right guys, you need to start your own threads and not hijack tasha's!!!! lol As Lively says, read the FAQ pages.. this is the most important thing you will do... any questions, just ask on your thread and one of us will come along and answer any queries..
  23. 1 point
    Send the Cheque back and go for it. After all you have already started and are a good part of the way there already.You will win in the end,the last thing they want is to step into a court room.Start your MCOL then sit back and wait for an improved offer.and dont forget we are all here to help you. If I have helped please click the scales bottom left:rolleyes:
  24. 1 point
    Hi Maxine, i see you found our little discussion on these payments:D Being hugely cynical with regards to our friends in the Banks, i wanted to be sure i responed to the payment i also recieved in the correct way, so that i left no avenues for them to contest if i should get as far as court. In my case i opted for the simple interest route (wish i'd spent a little more time trying to understand how to apply the contractual now though:o ) Still my point is that i think the majority of people claiming are not going down the contractual route and are recieving these "Goodwill Gestures " right on the time limit imposed in the LBA. In this scenario no interest has been claimed up to this point. I think the tactic (which IMO it definately is) is to stall, create confusion, add another hurdle to jump, and possiblly to open up some sort of avenue to add to a defence in court. If the GOGW payment is recieved prior to the claiment submitting a claim with MCOL / N1 then this payment has to be deducted from the overall claim which as you pointed out mitigates the amount of interest they have to cough up. All this assumes the part payment is accepted as a part-settlement. After discussions on this site the advice (see Vamp #89 onwards) would be only to accept these payments only if you have offered the banks a chance to withdraw the payment (suggest within 7 days) or accept your conditional acceptance. Let them know that you will deduct the payment as you see fit if they do not withdraw it, and ask them to supply a breakdown of how it relates to the charges. This gives the banks the oportunity to withdraw it or accept the conditions you apply. The court will see you have acted fairly with regard to the payment i have sent a letter to this effect and i'll see if they withdraw the payment or accept my conditions. To be honest, I don't really expect any response at all. My original idea was to get the spreadsheets modified to cope with these payments, but it has been shown not to be necessary. My hope now is that the Letter Of Rejection Template is modified to include an optional (red text) response to these payments for people who are still in the early stages of their claim, and maybe not so clued up on what to do. Surely this is the best response to minimise the effects of this tactic on claims? What about it? do any Mods out there agree? Pondfish
  25. 1 point
    Hi Dirk Diggler If you have heard nothing recently from Lowell then I should leave it at that for the time being. However, Lowell, like other DCA's have a habit of putting a default on you credit record as soon as they acquire the debt. This can adversely affect your chances of getting further credit for many years. I suggest that you write to all of the 3 main credit reference agencies (Experian/Equifax/Callcredit) and request a copy of your credit report. You need to send £2 to each for this info. If you then see any defaults registered from Lowell OR get any further demands from them then you should immediately send them the CCA letter (Consumer Credit Act). This is a request under sections 77-79 of the Consumer Credit Act 1974 for a copy of your original executed credit agreement and you have to send £1 with the letter for this info. You will find a template in this site's library. If they cannot provide a copy of the ORIGINAL agreement then they cannot enforce the debt and therefore have no right to register a default against you. Regards, Pam
  26. 1 point
    hi dazza, in reply to your pm, i am afraid that someone has misinformed you i am by no means an expert on this. i deal with scottish law which is quite different at times from english. however i did have a case against the bos which they failed to respond to. i had to wait til seven days after the court date then apply to the court for a decree in absence. this was done using a downloadable form from the court website which i then submitted to my local court along with all my documentation. the judge then signed this as a warrart of execution and returned it to me. this i then took along to my local sheriffs officer for them to go in and get my money. there was a wait of three days before they could execute the warrant and lo and behold the bank paid on the second day so i had to call off the dogs so to speak. lol. Now i do not know how much of this applies to the english system but zooman is very knowledgeable so i would listen to his advice. he wont send you down the wrong track and is very good at explaining things in easy to understand ways. please be aptient with people as the site is very busy. as advised i would pm zooman.
  27. 1 point
  28. 1 point
    Paintball, If you don't want to claim contractual interest that is fine of course, but despite all the waffle, it really isn't that hard of a concept when you get right down to it. When we use the Bank's money without authorisation (using a debit card without funds available, paying a direct debit without funds available etc), the bank charge us a penalty. The also then charge interest at their unauthorised rate (usually 25-30%) on the amount of their money that has been used. So for example if you have a £100 direct debit come out of your account, but you only have £50, you will use £50 of the bank's money without authorisation so you pay interest on that £50 at their unauthorised rate until you have repaid it. The ability for them to charge you this rate is written into the contract you have with them. English contract law states that a contract between two parties must be fair to each party. The argument for charging contractual interest relies on this fact. If they have a clause in the contract that they can charge you 30% if you take their money without authorisation, it is only fair if you can also apply the same rate when they take your money without authorisation. The phrase you will often see associated with this idea is "mutuality and reciprocity". There is another phrase, "fairness and balance" which essentially means the same thing. The Unfair Terms in consumer Contract Regulations are intended to regulate the fairness of contracts, and so unsurprisingly they have something to say about "fairness and balance": This is not the easiest thing to interpret and understand, but fortunately the Office of Fair Trading publishes guidance for these regulations. Their guidance document clarifies the above regulation: So this is the basis for claiming contractual interest. It really boils down to the fact that the clause in the contract that allows them to charge us contractual interest has to work both ways. As for the calculation of contractual interest, that is definitely a more complicated matter! However there are spreadsheets to do this for you. I can't comment on the Google sheets because I haven't properly used them, but they seem to work for a lot of people. The spreadsheet in my sig is designed to be as simple to use as possible, but if you need help I will be happy to provide it, you just have to PM me. There are a few concepts and processes that are common to each of the spreadsheets. When you will them out you include the date a charge was taken from you, the description of the charge and the amount of the charge. For my sheet, and I assume the Google sheets, this is all the information you need to include aside from the interest rate (which is entered on the 'notes tab' in the case of my sheet). From there the spreadsheet will work out how long you have been without your money, apply the contractual rate and tell you how much you are owed in interest. From a user's perspective, this is no different to using the 8% sheet. The only differences occur behind the scenes in the workings of the spreadsheet, which you don't need to worry about. You then may want to work out how much interest you have paid to the bank that you would not have had to pay had they not charged you. You are also entitled to claim contractual interest on this amount (it all boils down to the same thing - they have taken your money in the form of charges and interest on those charges, so you can claim contractual interest on it). Again this is also the situation with simple 8% interest, with the only differences being behind the scenes. You just need to enter the interest amount, the date it was taken and your account balance at the time. My contractual interest sheet, and I would bet Vamp's ones too, are exactly the same to use as the 8% statutory ones with the only exception being that you have to put in your bank's unauthorised rate into a box. Although the calculation methods used are very different, the end result is the same - you put in your info, and get out a list of how much you are owed. Again if those general guidelines are of no use I am always happy to help with looking at people's sheets, and if you used the Google sheets I'm sure bill-k or vampiress will be happy help too. At the end of the day the choice to claim contractual interest or not is yours, but please don't make the choice because you don't understand how contractual works. It's seems a very difficult concept with various mysterious formulas and random jargon, but it is understandable by anyone, you don't need an accounting degree! If you need any further clarification don't hesitate to ask. Understand your options fully and then make a decision.
  29. 1 point
    N1: Claimant: Your name and address Defendant: XXXXX Bank Plc and Registered address Brief Details: The claimant has a bank account with the defendant. The defendant deducted from the account various amounts of money in penalty charges. The claimant contends that these charges are unlawful and the claimant is demanding the repayment of money. Value: Bank charges (and overdraft interest if claimed) - £XXXX Data Protection Act Fee - £XX (if claimed) S69 8% Interest - £XXX Total of - £XXXX Plus daily interest at 8% of £0.XXp from the date of issue until settlement. Amount claimed: Charges + S69 8% Interest + Data Protection Act (if claimed)- £XXX Court fees: £XXX Sols costs: None Human Rights: No POC: See here: http://www.consumeractiongroup.co.uk...hard-copy.html
  30. 1 point
    Everything seems to be happening at the same time. Finally had a response from the Information Commissioners Office today.... I need to get back to them though for further clarification. 25th January 2007 Case Reference Number ENQ0140575 Dear tbern123 Thank you for your E mails of the 3rd and 18th of November 2006 regarding your dealings with two financial companies. Please accept my apologies for the delay in providing you with a substantive response; this is due to increased volumes of correspondence being received by the team which deals with finance based queries. You ask whether Kingshill (No1) Ltd can transfer information about you with Cabot Financial (Europe) Ltd without your prior consent. You state that Kingshill have purchased an alleged debt and without providing notification or seeking consent, they have supplied the information to Cabot. You wish to know if this practice complies with the Data Protection Act 1998. In general terms, it depends on the reasons why the companies have decided to share this information. It may be the case that the alleged debt has been sold on from one company to another as both companies deal with debt management/administration. As far as fair processing information is concerned, the initial lender should provide individuals with this information when they sign a credit agreement or contract. (Doesn't really answer my question , but I will email them back, really looking for a yes or no answer) According to our internal database, Kingshill and Cabot are two separate data controllers for the purposes of the Act. As such, if you made a request to one company for the personal data they held about you, it would seem unusual if the information in question was provided by the other company. I hope this response is useful and helps to clarify the issues you have raised with our Office based on the information provided. Yours sincerely
  31. 1 point
    I'll leave to Tanz, if that's OK, Rob. W
  32. 1 point
    Dave, you'd do better starting this again in or getting it moved to the Landlords and Tenants forum. Your son has a flat-share with three other people right? Is it a joint tenancy arrangement, with a landlord off-site and rent split four ways, or a lodging arrangement with the landlord living in? Tenants have more rights than lodgers, that's why I ask. Simply, no, they should not be going into his room full-stop, especially if he's flatly refused permission for them to do so, and I would get him to write to the landlord asking permission to fit a basic key-lock on his own door (make sure to give the LL a copy if it's all agreed!) to ensure his own security, as university-style shared flats do. Landlords themselves have to give at least 24 hours notice to enter a property for repairs/inspections/maintenance. If he decided to leave the property early, unless he could get the LL to agree to him finding a replacement tenant on the LL's behalf, he would be liable for the rent for the rest of the contracted period. Do you know if there are any break clauses in his tenancy contract? may be worth checking for if the atmosphere in the flat has soured beyond repair. However, I'd get him to try and sort it out with his friends over a cuppa or something first, as it's far less hassle than moving out and breaking the agreement. Good luck.
  33. 1 point
    Sorry, I forgot to post their reply: _________ Thank you for your e-mail received xxx In your e-mail you refer to article 8 of the European Convention on Human Rights and the Human Rights Act 1998. The 1998 Act requires all 'public authorities' to act compatibly with the rights contained in Schedule 1 of the Act. However, Experian is not a public authority but a private company carrying on commercial activities. It follows that the 1998 Act does not directly place upon us any additional responsibilities or duties. However, Parliament has for a long time recognised the sensitivity of the type of information which we hold and that is why the work that we do is governed by the strict rules contained in the Consumer Credit Act 1974 and the Data Protection Act 1998. This legislation ensures that the information we hold about you is dealt with carefully and fairly. I note that you do not believe that the Information Commissioner's recommendations will be taken into account by a court of law. Before undertaking potentially expensive legal action I would remind you that the Information Commissioner's Office is an independent official government body responsible for administering the provisions of the Data Protection Act 1998 and the Freedom of Information Act 2000. I therefore believe that it is highly likely that the Information Commissioner's recommendations will be seriously considered when being assessed in a court of law. As previously advised I am contacting the companies concerned on your behalf. We will not be removing any information from your report without the direct authorisation of the company concerned. I will let you know what they say when they reply. I am sorry that you feel that the process we have in place to query disputed information with the lender who supplied the data to us is not sufficient in your case. Under Section 159 of the Consumer Credit Act 1974, you have the right to query information on your credit report that you believe to be inaccurate, once you have received a copy of your report. You may wish to refer to the relevant legislation below that outlines the process we adhere to when dealing with disputed information. CONSUMER CREDIT ACT 1974 159 Correction of wrong information (1) Any individual (the "objector") given- (a) information under section 7 of the Data Protection Act 1998 by a credit reference agency, or (b) information under section 158, who considers that an entry in his file is incorrect, and that if it is not corrected he is likely to be prejudiced, may give notice to the agency requiring it either to remove the entry from the file or amend it. (2) Within 28 days after receiving a notice under subsection (1), the agency shall by notice inform the objector that it has- (a) removed the entry from the file, or (b) amended the entry, or © taken no action, and if the notice states that the agency has amended the entry it shall include a copy of the file so far as it comprises the amended entry. I would also like to draw your attention to the fourth Data Protection Principle, which states that: Personal data shall be accurate and, where necessary, kept up to date. Within Schedule 1, Part II (Interpretation of the Data Protection Principles) of the Data Protection Act 1998 it is explained that, as a credit reference agency, we are not considered to have breached the Act by querying the disputed information and adding a Notice of Dispute statement. 7. The fourth principle is not to be regarded as being contravened by reason of any inaccuracy in personal data which accurately record information obtained by the data controller from the data subject or a third party in a case where- having regard to the purpose or purposes for which the data were obtained and further processed, the data controller has taken reasonable steps to ensure the accuracy of the data, and if the data subject has notified the data controller of the data subject's view that the data are inaccurate, the data indicate that fact. Our regulator considers our action to query disputed information with the data provider as taking reasonable steps to verify the accuracy of the entry and by adding a statement to this effect to your report we are recording your viewpoint that the entry is inaccurate. Therefore, we were choosing to take no action with regards to your initial request to remove this information from your report. In view of this, I am of the opinion that we have acted correctly throughout this matter and in accordance with the relevant legislation. I would also remind you that under the terms of the Data Protection Act 1998, each lender that supplies us with information is obligated to ensure that the data is accurate and kept up to date. I hope this explains why we cannot act unilaterally to remove data from your report, especially when the company concerned has confirmed it to be accurate. Furthermore, as we also have a responsibility to enable lenders to make informed lending decisions, I am sure that you can appreciate why we cannot amend information simply because the individual concerned claims that the data is incorrect. If we operated in this way, any individual could claim that all the adverse information on their report was inaccurate purely as a means of improving their credit report. This would put our clients at risk by enabling people to potentially obtain finance that otherwise would not be offered to them. Because of this, if a consumer disputes information on their report we query this with the data provider, as we have in your case. The only instances where we would remove information without direct authorisation from the data provider is if a Court Order is provided that specifically states that an entry should be deleted or a ruling is made from a recognised regulatory body. I hope that this helps to explain the processes we have in place for dealing with disputes between consumers and lenders and that the action we have taken was done so in accordance with the relevant legislation.
  34. 1 point
    Cheques are always dodgy, if its not cashed then its not paid for, i know proof can be made that they have it but its a stalling tool for them. I always use postal orders, its made out to them already, not cashing is a pointless option. Their desperate mitts see it and want to apply it to your account asap so its straight up the post office. I would send a reminder advise of cheque number, or send a copy of the photo copy made before sending. This should get a reply and the S.A.R - (Subject Access Request) they will take as long as possible as they get to hold your money longer. Also Banks were not equipped for this and they were quiet organized. for Welcome this isn't just a wake up call, it would be blowing their ways of trading to shreds as there paper trails are like Hansel and Gretal some where down the line it just stops happening.
  35. 0 points
    Just to clarify the section 85 debate, after lots of PM's asking about it section 14 defines a credit token thus: 14 Credit-token agreements (1) A credit-token is a card, check, voucher, coupon, stamp, form, booklet or other document or thing given to an individual by a person carrying on a consumer credit business, who undertakes— (a) that on the production of it (whether or not some other action is also required) he will supply cash, goods and services (or any of them) on credit, or (b) that where, on the production of it to a third party (whether or not any other action is also required), the third party supplies cash, goods and services (or any of them), he will pay the third party for them (whether or not deducting any discount or commission), in return for payment to him by the individual. (2) A credit-token agreement is a regulated agreement for the provision of credit in connection with the use of a credit-token. (3) Without prejudice to the generality of section 9(1), the person who gives to an individual an undertaking falling within subsection (1)(b) shall be taken to provide him with credit drawn on whenever a third party supplies him with cash, goods or services. (4) For the purposes of subsection (1), use of an object to operate a machine provided by the person giving the object or a third party shall be treated as the production of the object to him. this clearly defines a credit card as a credit token, then if we look at section 85 itself: 85 Duty on issue of new credit-tokens (1) Whenever, in connection with a credit-token agreement, a credit-token (other than the first) is given by the creditor to the debtor, the creditor shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it. (2) If the creditor fails to comply with this section— (a) he is not entitled, while the default continues, to enforce the agreement; and (b) if the default continues for one month he commits an offence. (3) This section does not apply to a small agreement The critical part here is subsection (1) which clearly states a copy of the EXECUTED agreement + any document mentioned in it. Section 85 will not apply for the first card issued as a copy of the agreement should be supplied under section 61. It is well established now that the executed agreement is the signed agreement with all the relevent details completed. As we know these companies bulk mail replacement cards and include either/or a blank generic copy of an agreement and latest T&C. This is NOT what the CCA states should be sent with it. I believe this is why SI1983/1557 came into effect, so that fully signed copies of the agreement would not be 'lost in the mail' along with a nice shiny new card. Remember that devil chip'n'pin wasn't around then so a blank card and signature was valuable. The section 85 debate really is that simple and I think it's very clear cut. Although I can promise the companies will argue for all they are worth. Every one of them has ignored the consequences of sec 85 for years and instead of following what is laid down in law they prefer to follow industry standards. We all thought bank charges made big profits for them? well this has the potential if it becomes widespread knowledge to virtually put most of them out of business. Their profits come from Interest charged and they cannot enforce the agreement while in default so cannot apply any charges to the account, plus they also commit an offence.
  36. 0 points
    Hi Yes you can do as many claims as you like, just make sure you that you don't sign anything saying otherwise when this claim gets settled. Good luck, and if you need any help, just ask. Barty:)
  37. 0 points
    It depends on you credit rating. If it's ok most banks will offer you a facility but they will expect (if they know about it) you to settle any existing OD My advice is open a basic current account & then calculate your claim to see how much you will have available to repay the overdraft. As when you do start your claim Barclays will almost certainly call in your overdraft & close the account
  38. 0 points
    Statement of evidance is on page 3 of this thread - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-3.html#post450746 All the cases and statutes are contained within the court bundle - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html
  39. 0 points
    Hi and welcome to the site, You've definately taken the first step into claiming back what's rightfully yours. Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere. Don't be afraid to ask any questions, no matter how stupid they may seem, but please remember that any advice that you receive is normally based on experience only and that you should seek expert advice if required. Once you start the process of your claim remember to open a thread in the relative bank forum, this will enable you, and others helping you, to keep track of your claim. All the best in your claim!! Useful links to help with your claim FAQ’s http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/ Letter Templates http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/ Interest Spreadsheet http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html Court N1 form http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html Mcol Particulars of Claim http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/34887-5-money-claim-line.html
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