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About lollipop2

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  1. The debt management I handle directly myself with all my creditors so no signed agreement in place. I guess I'll just have to wait until it sells and then try to negotiate. I've spoken to National Debtline and they advised I should make it clear that I will be a pain to deal with by going to the ombudsman about my mortgage missell (under their discretionary powers to look at older cases) and over the PPI shambles as well as making it clear they have already admitted no CCAs on many of my debts. They said the most important thing was to 'sell' to my creditors the fact that it would be easier, quicker, and more cost-effective, for them to take my offer than to pursue me for more.
  2. That's not what I was asking for - I was asking where I stood in terms of the bank being able to force me to use all of the money to pay unsecured debts or not. I simply shared the additional information in case it helped. Not to worry, I got the general advice so we'll leave it there.
  3. Thanks that's really helpful info. With regards to the deposit for somewhere else to live, my husband and I were looking to sell his house too and use money from both our homes to buy somewhere new (currently bursting at the seams in this one, it's in serious disrepair, and it's an awful area to live in). Could I in the interim, rather than waiting until we've bought a new place as that could take some time and I was hoping to have debts settled before we look to move) just give him a proportion of the money to pay off of his mortgage so I no longer have that as an asset? Or I could use the money for repairs - it is in urgent need of some serious structural repairs and a leaking roof (ceiling collapsing in two of our upstairs rooms). Or could they force me to pay it all to them? I suppose it depends like you say on when I approach them to settle.
  4. My SAR was returned, NatWest confirmed they couldn't find all the CCAs and that whatever they could find, was in the SAR file. When I was doing my PPI claim, I was told not to start lots of different threads but to keep everything to one thread... All I wanted really was some general advice on negotiating a settlement, and how to handle it to ensure that they don't start chasing me for the remainder once it's settled. Are there template letters?
  5. Thanks for the replies. I no longer bank with NatWest (who the lion's share of my debts and my mortgage are with). There is no charge on the property, all the debts are unsecured (except obviously the mortgage). I have a bank account that is completely separate from all my creditors. My debts are: NatWest: Unsecured Loan approx £20,000 - monthly payments going to debt collectors currently NatWest: Unsecured Loan approx £8000 - monthly payments going to debt collectors currently NatWest: Credit Card approx £3500 NatWest: Credit card approx £3500 Capital One: Credit card approx £800 - also with debt collectors Tesco Bank: Credit card approx £1500 NatWest: Overdraft from closed account approx £1000 Total: approx £38,300 I don't know if it's useful to mention so will just in case - part of the reason I'm in such massive debt is that just before interest rates plummeted in 2008, NatWest pressured me into taking out a remortgage with them (I was with Northern Rock at the time and my fixed deal was about to end). The sales person told me that she had inside info that interest rates were about to skyrocket even more. I know it was gullible of me but having seen how my parents struggled in the 80's with increasing interest rates, and already being in a position of financial difficulty, I accepted their mortgage offer. A few months later interest rates dropped massively and it turned out I was paying about double what I would have been had I simply left my mortgage on a variable rate. I made a complaint and they refused to do anything about it and now I'm told by the ombudsman it's too late to make a complaint as you have 8 weeks (I think) after the bank's final response to log it with the ombudsman. I did a SAR request when I did my PPI claim (which is still in dispute because NatWest are asserting they partially refunded me when I took out new loans but they're refusing to prove this - I guess that's another thread). Several of the accounts (credit cards I think) are missing the CCAs. I was told on another thread in this forum that going down the unenforceable route is no longer an option as it's been tested in court that banks can simply put together a new agreement document based on the info they have on file - is this the case? I think that's all the info you need. Let me know if there's anything else. Obviously part of the reason I want to negotiate a low settlement is because I need a deposit for a new home but also because Natwest screwed me over so badly with the mortgage not to mention the fact they're still trying to screw me over PPI. They also told me that because my complaint has taken so long (their fault, not mine - I began my complaint in 2010) they will no longer keep their promise to pay the interest directly to me but will use the whole refund to pay off some of my debts. Another part of the reason I have the credit card debts I do is because I used them to pay off mortgage arrears (NatWest pressured me into doing it to clear the two months' arrears - at the time my mortgage payments were £1000 a month). Looking back, I realise how gullible I was as a NatWest customer - I've been a customer of theirs since I was 4 years old and stupidly trusted them. I ended up really unwell with all of the stress and I just want to use this opportunity to wipe the slate clean and get on with my life but I don't want to end up with nothing so would really like to negotiate a reduced lump sum settlement if possible. Thanks in advance for your help.
  6. Hi there. I'm currently in debt with several companies, including NatWest, Capital One, and Tesco Bank. NatWest is my biggest creditor and I also have a mortgage with them. I've been doing my own debt management plan for about 5 years so far and am currently paying £1 a month on all of my debts due to a drop in income (I'm currently a part-time student and do freelance work so my income varies). Some of them have been passed to debt collection agencies, including the NatWest debts. I'm (finally now the market is good) selling my property so I can wipe the slate clean and start again. I'm going to need some of the money from the sale to put a deposit on somewhere else to live so I won't have the full value of the debts. Having spoken to NatWest, they seemed to imply they could try to force me to use the full amount from the sale to clear my debts (which would leave me with nowhere to live). They also told me I should negotiate a settlement directly with them, even though the debt collection agents have told me I should negotiate with them. What I'd like to know is: Do I make my offer of a settlement to my creditors or the debt collectors? Can my creditors force me to use the full amount from the sale on my debts, or am I entitled to use it to put down on a new home? Is there a post/guide with advice on the best approach to take when making an offer for settlement? Am I right in my understanding that I should get somebody else to actually make the settlement payment in order to protect myself from any further action?
  7. Thanks, I did start a separate thread and they got merged into one again so I thought I needed to discuss all my issues in one thread. Thanks for the spreadsheet, it's better than the ones I had seen. The way I had done it was to have a column for the monthly interest rate but this one seems a bit simpler so I will use that. A further issue that has arisen out of all this is that when I received my SAR file, it became clear that NatWest has lost the vast majority of my credit agreements. Shall I start a new thread as I'd like some advice on whether I could use this to help me negotiate a settlement figure? (I'm going to sell my flat to try and wipe the slate clean but am not sure the equity will cover the entire debt).
  8. Ok thanks for the advice - I've asked NatWest for a breakdown of how they calculated the loan PPI and I will check it off against that and my SAR paperwork. Regarding the credit card, I spoke to the FOS and they advised that companies are entitled to use the entire amount including statutory interest to pay off outstanding debts if they so wish. They did however say that if NatWest have told me one thing then done another, I could escalate it to the FOS. I have spoken to NatWest credit cards again today (I asked for a manager call back) and they advised they would respond to my dispute over the amount within the next few days but they wouldn't change their decision to use the whole amount to pay off my debt. What they did say is that it is different for NatWest loans - and NatWest loans have confirmed to me that they do send a cheque for the interest. One final note regarding credit cards, I created my own spreadsheet for the calculations as none of the ones I've found on here or elsewhere online seemed to exactly calculate a refund including card interest charged on PPI premiums. Having spoken to the FOS I do need to amend the formulas slightly as I'd mistakenly added the 8% statutory interest from the date the premium was added to my statement rather than when it was paid off. However once I've done this I will share on the site in case others may wish to use it.
  9. Right an update and a query. Good news is NatWest has agreed to uphold all of my complaints on both my credit card and my loans. On the loans, I have asked for a detailed breakdown and will then match it off against my own calculations. I needed to know how much PPI I had paid as quite a few of the loans were paid off early with other loans and NatWest is saying that when the loans were paid off, the outstanding PPI was refunded at the time. On the credit card, I had an offer from NatWest over a month ago. I wrote back to say that the calculations were incorrect and gave them a breakdown of what the correct calculations should have been. I gave them 28 days to acknowledge and make payment of the correct amount. 28 days has since passed and I spoke to them on the phone today to find out what has happened. Apparently they just ignored the letter and have used the total refund based on their calculations, not mine, including interest, against my outstanding debts. So my questions are: Can they use the interest payments against my outstanding debts? They have asserted that they can but my understanding was that they must pay the interest directly to me. What do I do if they will not accept my calculations despite a detailed breakdown with evidence to prove it? Are they correct in telling me that when a loan was paid off early, the rest of the PPI was cancelled rather than rolled up into the next loan?
  10. Just made a complaint by phone. Refused to give me a complaint reference, saying they had no idea what I was talking about because they don't give out complaint references... Told me that they absolutely aren't trying to catch me out and that the questions are to help me. I asked why they'd be asking me to repeat answers I'd already given them in writing. They advised this must have been an admin error. All very suspicious. Should I wait for a response to my PPI claim or go straight to the ombudsman with this?
  11. Thanks, I normally would have done but had just woken up and am on painkillers as I'm recovering from a car accident so wasn't really with it. I will make a complaint - should I make it to the PPI address or the NatWest or RBS head office? Every question he asked me, I asked him which job he was asking me about but he would only give me dates, saying he didn't have the forms in front of him. I told him well nor did I so he needed to find the forms and call me back if he wanted more info. I told him he'd need to tell me which job he was referring to or I wouldn't be able to help. I was able to tell him more about the self-employed jobs I had on top of my main full time employment but there was nothing in any of these that would have meant them rejecting my claim as my earnings in each of them would have likely meant a claim on the insurance was rejected anyway (based on my experience of trying to claim on one of the more recent policies). I'm really annoyed, they've already upheld one of my complaints over the same reason s o they've put in writing that they believe I was told I needed the PPI in order to get credit so surely they can't now turn around and deny it?
  12. Hi there, bit of an update and a question regarding NatWest. I had numerous claims including one credit card claim. The first one I sent off was the credit card and NatWest upheld my complaint and made an offer. It was lower than it should have been based on my calculations so I wrote back with my calculations stating the amount it should be for. today, I had a call from the RBS PPI team regarding the loan PPI claims I'm making asking me lots of questions that I had already answered on the forms. The person who called was really rude, was being really unspecific and kept flipping back and forth between forms then denied having the forms in front of him. It was as though he was trying to make me unsure. I kept telling him he needed to be specific and tell me which job he was asking for more information about but he was just asking dates. I told him he was asking me to go back over 10 years and off the top of my head, I couldn't remember and that I had referred to old tax forms and paperwork to complete the paperwork regarding self-employment and second jobs. I told him that the main reason for my mis-selling complaint was that I was told by NatWest staff members on numerous occasions that I would be less likely to receive my loan if I didn't take out PPI and that scaremongering was used. I said that they should be upholding my complaint on that basis alone without even needing to query my employment history. He got really stroppy and then ended the call quite abruptly. Is this allowed? Anyone have experience with this? It felt really harassing and rude to be honest, like he really doubted what I had put on the forms.
  13. I've been doing a lot of reading, I just wanted to be absolutely certain before I went ahead with my PPI claim. Don't worry, I won't ask for help again.
  14. Ok thanks. So in answer to my questions do I take it that: 1. I have no room to negotiate my position based on lost CCAs (for example, to negotiate a smaller payment if I pay off as a lump sum)? 2. I should just focus on getting my PPI claims sorted? One other question I asked earlier that still hasn't been answered is: 3. I can remember the PPI sales conversations quite clearly, I remember some were in person, some over the phone, however I can't remember which one took place in relation to which loans. The PPI questionnaire asks whether the policy was sold in person or over the loan. If I can't remember which policy was sold in person and which over the phone, will this affect the credibility of my application?
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