I assume Kate will be there now so sending her positive vibes, lets all have our fingers and toes crossed for her that she gets a decent DJ. Ali x

I noticed a few threads where people are getting the brick wall with the banks where they either say no info over 6 years or they cannot look into the matter (SAR or PPI) without a ref/card number. Just wondering if you do a SAR to the DRA say equifax, would you get details of all accounts they EVER held on you. Or do they delete stuff when it falls off your file? Just wondering if it would be any kind of help and I know some people on here have done SAR's to the ref agencies in the past. Ali x

Ok looked in more depth at the figures they gave and I believe the interest to be too low and they have not refunded any charges caused by the PPI which i had asked them to look at (the FOS guidence AND their letter states that they should consider any charges-I believe when they do the reconstruction-as per FOS and aqua's own correspondance, any month where the balance drops below the limit means that an over limit charge would not be correct in the month. This then has a knock on effect accross the other months/charges). Anyway I wrote to them to dispute this and am still awaiting a reply. Today OH rec an offer that looks like the calcs have been done the same way so i will be querying that as well. However and this is the big one it says according to their records OH's financial affairs are being dealt with by an insolvancy practictioner!!!! He is not nor ever has been bankcrupt or in an IVA and we are not in the process of this either. I assume they have just made a mistake, but its a bit worrying. Can you guys reassure us that you can't be made bankcrupt without some kind of notification first? Perhaps they should have said this is with a DCA? It is and is fully sold so the refund cannot be passed to them and I will raise this in my letter. Just a bit worrying what they have put. Ali x

I thought they can only use the rules of offset to clear notified arrears NOT just a negative balance. The FOS guidence-see below, is clear. http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm I think the banks are trying anything to avoid actually paying any cash out, but most back down when challenged. I would quote the offset rules as above and challenge it in writing they can wriggle if over the phone. Also the 8% stat interest is compensatory and so should definately not be used as any kind of offset-even banks trying to use the laws of offset seem to pay this separately. Are you sure they didn't say to her that it had gone to a dept to see if any offset against the credit card account was required? Ali x

Rereading their letter Brig they actually say in the letter that although they are sure the call took place they do not hold a recording of it or a transcript lol-that will teach me not to skim read a letter. So they already confirm no proof of anything held by them. Thanks for that dx, letter and spreadsheet prepared and ready to post tommorrow. Ali x

Finally got the cheque for the stand alone loan they accepted hurrah. Will see what they say about the others. One down so to speak hurrah! Will do a donation once the cheque clears-brill site. Ali x

OK well been chasing a SAR since before christmas with this lot, but after having a good search around found most of my statements and a copy of the agreement (from when I was argueing with a DCA over the leftover amount sold on to them). The agreement is one of those quick reply card thingys and totally unenforcable. BUT the amount left is miles lower than the PPI/charges claim so decided to go for it. Sent off the claim just after christmas with a questionaire and mentioned both the PPi and charges. Got a reply today. Basically they say not PPI its a pay break plan and you took it out during a t/call from us, blah blah not done anything wrong but will offer goodwill gesture of half the premiums (but no interest and only for the last 6 years) its an insulting amount and I won't be accepting it lol. Bit more waffle and and "our charges are not unlawful" blah then another offer regarding the charges -just reduced down to the £12 recommened by the OFT (how are they still peddling that old chestnut), no interest and again only for the last 6 years. Now unfortunately for them the statements finally turned up (in the end the DCA sent them to try and get me to pay up to them lol). So I have redone my calculation based on that. I assume I question the phone call malarky and ask for a copy of the transcript as well as sending them the good news about me now having a full set of statements. Will send the revised claim, challenge the 6 years rubbish and see what they offer next. Their letter actually says they wish to settle the matter between us rather than go to the FOS so hopefully its just a bit of back and forth before they finally cough up I hope. Ali x

Already done R85 for our savings account so maybe they will know not to take the tax at source, but if not will reclaim from HMRC (if and when we get a settlement). Nice to know can get 50% back on the joint claims as well. Thanks for clarifying the situation, now just got to get someone to pay out lol. Ali x

OK thanks IMS, so best bet may be to try to negotiate a low F & F out of any refunds if I can't drag things out to the point next year when it becomes stat barred (obviously any already SB'd or settled not a problem just got 2 like this). Ali x

Thanks IMS will wait and see what they decide then ask how it all works, just wondered if anyone had experience of how it is done tbh. Back to waiting lol. Ali x

So even though but for the PPI there would not have been any debt to sell on the DCA can still pusue a debt that really shouldn't exist? And what about the default? Ali x

Just wondering what happens in that situation. If you claim for a miss sold PPI policy and its upheld. The money can't be paid to the third party (the DCA) so is sent to you as a cheque. BUT the DCA still ask for the money, can they claim it? Or do you state in dispute because of the PPI claim-do the OC have to buy it back in which case they may argue the refund was incorrect. Hmmm just all gets a bit messy tbh Ali x

FOS now asking for further info as they say its looks like they will have to look to the underwriters. Luckily I have the original docs so was able to email a copy to them and it confirms the underwriters as sterling and the fact they were in the GISC at the time. I am just wondering tho, if the FOS get the underwirters to stump up (eventually) can they get GE to restructure the loan as well? Or would the underwriters have to pay the difference to them to sort it out. Or would they give me a sum equal to the extra capital and interest we will pay over the life of the loan because of the PPI? Just not sure how it works when one company is bound by the FOS and the other isn't. Ali x

Finally got the letter regarding the offer on the later stand alone loan they said had been sent 3 times. Sent off the reply on Sat so will see when it finally turns up. Rest of the claims are almost done, done the calcs and am finishing off the other papers then it will be a trip to the PO to send-going to need a big envelope lol. Ali x

You can claim without doing a sar or having all the info, BUT you then are relying on the banks "investigations" and if/when they pay out you have no way of checking their figures,plus little or no evidence to put before the FOS. You can win some cash, but you up your chances by doing the SAR . Do you have any claims where you have the loan agreement or statements for as these could be done without a SAR. The FOS really don't like front loaded policies and if you have the loan details and the payments that can be done without a SAR. Ali x

Ah I see what you are getting at. No the cards were all with other lenders,but am in the process of claiming against them all. The black horse loans ran one into the other so lots of ppi rolling over and over, not finished all the calcs yet but looking good, now if I can only get them to pay up lol. Ali x

Not sure what you mean DX all the cards were with other companies and we are in the process of reclaiming PPI/charges etc against them as well-still trawling through paperwork finding old ref numbers and documents lol. TBH Black horses SAR responses are terrible. We had to chase and chase and it took months to sort and I still am missing some statements and the ealiest loan details. I have enough info from my records and the details they have sent to do a claim though-bet they never thought someone would have 15 years of bank statements eh lol. Ali x

Ok so decided to go back to my calculations. BH were so sneaky. Having looked through the bank statements and trawled through the SAR replies I finally got I worked out/remembered what happened. We went in for a small loan ie 2k. They told us we couldn't have that because of our other financial commitments, but that they could do us a "secured" much larger loan and roll up our other cards onto that. This would take around a month soin the menwhile they could advance us the original 2k we wanted. Of course to do that we had 2 separate loans less than one month apart and even on the 2k advance they stuck on 700 PPI! Can anyone beat 700 insurance for 12 days OMG. Then the settlement (I have no breakdown from their rubbish SAR) I can only assume from the totals will have had this unused useless extra 700 rolled up into it. Talk about money for nothing. Anway the larger secured loan was sorted and off we went-then 3 month later they tried to take 2 payments one at the old rate for the supposedly settled loan. We complained and they refunded the payment plus a charge we had had from the bank re the direct debit. We argued back and forth and after another 6 months we were forced by them into another even bigger secured loan and even more PPI as they were adamant the original loan still had outstanding finance on it-and I assume they kept banging interest on it. Then the third loan for around 13k was paid for just over 2 years, but still had a huge settlement of almost 12k (we stupidly got a second mortgage to clear all our debts at this stage from elsewhere). Talk about us being conned, down to their mistake we ended up with extra interest and loads more PPI (and I assume non of these were fully refunded when they rolled over into the next loan) total gits. They manage to take us from an intent to have a 2k loan to pay for a car repair so we could get to work to signing away a chunk of our house-money we are still paying to another bank. Ali x

I note some of the banks are deducting tax at source for the 8% portion of the claim. BUT I am a non tax payer, can I raise this with the bank or I am forced to reclaim through HMRC. Also on joint PPI claims where OH pays tax and I don't can I claim back my half? Again is this through HMRC or the bank themselves. I am thinking of one RB in particular whom we have a few claims with. They are fully aware I am a non tax payer as I filled in the relavent forms for my account with them. Ali x

Well still no offer letter so complaint went to FOS yesterday, so now they get charged for their delay idiots. Still getting my head around the rollover PPI calcs on the earlier loans. Going to try to finish them this week and get the lot posted off to black horse. Keep getting pulled away from finishing by the kids/OH/various animals/other PPI claims lol. Ali x

Even the FOS guidence says in their examples the bank should "reconstruct the credit-card account, by deducting the PPI premiums (and the interest or CHARGES that resulted from those premiums) to work out the closing balance without PPI" So its a no brainer really. Going to go back to Aqua with this as I reckon they need to refund someif not all the charges plus interest. Ali x

Ok got a breakdown in the post, and although they haven't given the full calcs they have explannied how it was done. Basically the refund of premiums paid, interest added to the account because of PPI and they said they restructured the account as though no PPI/interest and paid 8% simple interest on any periods in credit (I believe this is how the FOS have said to do it?). Still waiting on OH's claim. ali x

Still waiting the offer letter on this one . Been on the phone over and over to them and each time the same old security questions, then the story so far, they ask have we moved since the loan was taken out (NO for the millionth time),can they recheck our address (for the millionth time) etc etc. Ended up yesterday giving them 7 days to get the offer to me or I go to the FOS-numpties. Ali x

Ok wellno contact from them until today when on my account they sent a cheque in my name. Its about what I expected (lower than the figures I had but not by a massive amount), no breakdown so unsure what is what. I haven't signed anything with them or agreed anything over the phone so I think I will write and thank them for partial settlement, but before I can accept it as full settlement and drop my complaint I will require a full breakdown of what the payment is for and how it was calculated. But it looks like its one account down. Still awaiting payment/contact for OH from aqua. Does this mean Halifax are just rolling over? Ali x

I am considering starting a claim (well a few) against Santander for various ge store cards I had. I will start with a SAR,I think. But it would appear v.difficult to get them to cough on these early claims. Could only find one win and that was millymollymoo on a dot perkins card from 2001.They finally settled just prior to the AQ hearing i think.