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brooklyn

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Everything posted by brooklyn

  1. HI Again, Well all my sar stuff finally came back after a second request, its been months whats my next step? the bundle of paperwork is about 2 inches thick, it seems quite daunting. Brooklyn
  2. Hello Anyone still here? I had been ill for some time and never sent a request until recently my request asked for any ppi to be repaid on 2 accounts that we had details for and any other accounts held in our names, we know there were more but we did not have the details, this was mis sold to us on several counts. We had a quick response for relating to both the accounts I had account numbers for but nothing regarding any other accounts. The letters stated that a full investigatin would be carried out but in same set of post letters dated with the same date state that after looking at my claims althtough the finance for the ppi was provided by ge money they did not sell us the insurance there fore we would need to contact the insurer direct. We did not approach nor were we approached by anyone else it was all dealt with by the same ge money representative at the time of the loans. What should our response be? help greatly appreciated brooklyn.
  3. hi, I hope youre all still here. Its been a long time and I have suffered some illness so I never followed through with my claim I am on the mend and with the recent court cases and ppi being in the news I sent another letter in the hope my case would be looked at again especially as I have been told my agreement was filled out incorrectly. I received a nice reponse saying a 'detailed investigation' would follow in the next 8 weeks, that was dated 26th may 2011. 6 days later dated June 1st I received another letter saying a 'detailed investigation' was carried out and as the agreement was made prior to ICOB rules and they were not members of GISC therefore the GISC code nor the FSA, ICOB rules applied to them. I have drafted a response using fluffy vipers letter in the link above in the thread I hope its ok but before I post it was hoping for any advice. I find it hard to beleive a detailed investigation was carried out in 6 days including postal time and a bank holiday weekend. Any help greatfully appreciated xx
  4. Hello fluffy viper, My god you've been busy! I've been searching for such a code of practice that they were operating under but with no luck. My next move is to go through all my paperwork in my loft to see if there is anything relating to this. I only keep the main paperwork in files but sometimes I keep other bits and pieces in box's for a couple of years so hopefully there will be something like 'regulated by' in there somewhere, there is nothing on my agreement not even the name of the PPI company. I'll let you know Brooklyn
  5. Many thanks fluffy viper. I thought i'd save some money and cancel my capitalone card PPI so I phoned them up just to cancel it and they asked me a few questions and told me I had been miss sold the PPI due to the hours I was working at the time and they'll look into paying it back but not to get my hopes up just in case. I only phoned to cancel it, how refreshing to have someone accknowledge it without being prompted. Brooklyn
  6. Hi fluffy viper, Thanks for the support, I'm so annoyed because I brought the subject up at the time and was told I had to have all the extras to get the credit for car even the breakdown cover, even though we've always been covered by RAC and green flag. I just trusted them and needed a car and didn't know any better at the time. I'll keep you informed of my progress if you would do the same. Just one thing, where would I find a template SAR request for the commisions paid or is it just a standard one like the bank charges one? Many thanks and good luck Brooklyn.
  7. hello again, Before I send my response to DAFS is there any code of practice or t&c's that they would have been operating under in 2002 the only ref I can find to anything is on my agreement which was regulated by the consumer credit act 1974. I'm reading though as many threads as possible to gather info but if someone could point me in the right direction it would be a big help. I've used the link to the thread given above and the letter written in response to request is outstanding but am unsure as to what is relevent in my case. Brooklyn.
  8. Hello, As I mentioned in my other thread claiming ppi from direct auto finance I recently saw Martin Lewis on tv about ppi and claiming it back. My husband is the main bread winner. We have had several loans from GE money in the past with ppi added on to the finance, and we now realise that we have been mis-sold this due to the fact my husband has had a pre existing health problem dating back to his early 20's (he's now late 30's). All these loans have since been settled early and date back to 2004 (the oldest loan ) and 2007 (most recent) we only have bits of paperwork as my hubby doen't keep as much as me. My questions are: Do I need to request copies of the original documents first? how do I get all the loan accounts? as I'm unsure of the ac numbers. will they just give me copies of all agreements with them from our names and address? Any sugeestions on how to proceed would be greatly appreciated. Brooklyn.
  9. Hi again Many thanks I'll look into it all this weekend and I was quite annoyed at the tone of the letter it was a bit demeaning, I'm not an idiot just trusting in what companies tell me, at the time we didn't know it was optional and now we do. Brooklyn
  10. Hi, Thanks so much for your response, should I write back requesting that information regarding the commision based sale or do I continue to the court and if so how would I proceed, and do I have a case? Many thanks for your advice Brooklyn
  11. Hello out there, I purchased a car from Yes car credit (direct auto finance) in Feb 2002. I recently saw Martin Lewis on T.V talking about Reclaiming your PPI, This struck a cord with me as I remember vividly the day I bought the car. I was suprised at the amount to pay and questioned the sales man (i remeber his name was Steve) he told me it was all the added insurances. PPI, mechanical breakdown cover and GAP, to which I replied "do I have to have them?" and I was told "yes and its nessesary for your application to have them". I asked "even the breakdown cover?", I pointed out my husband an I have always been covered by rac and green flag so wouldn't need breakdown cover I was told "it was all included and was necessary". It was late in the day almost closing and I was being rushed to get the sale finished and I needed a car (stupid I know). My receipt states: Vehicle price plus Vat £4529.00 less £300 Part exchange less £100 deposit. total price £4129.00. My agreement states: (The vehice and its finance box) Cash price £4529.00 ( query different to above) less vehicle deposit (left blank? Why when there was one paid) amount financed £4529 Total charges £1891.00 made up of: finance charges £1741.00 admin fee £150.00 Balance payable £6420.00 APR 19.9% 48 instalments of £133.75 (In the additional isurances box): £1365.08 PPI £650.00 mechanical breakdown £250.00 GAP total £2265.08 less down payment £400 shortfall required by credit £1865.08 add interest £778.76 balance payable £2643.84 Totalpayable £3043.84 Apr 19.9%48 monthly instalments £55.08 ammount of each insurance instalment Total monthly instalment £133.75 insurance instalment £55.08 Total monthly instalment £188.83 I settled the account early, in Nov 2003 I paid £4985.74, when I received the settlement figure I was astounded it was so much and phoned up and questioned if it was correct and was told it was so much due to all the added extra's such as insurances that were part of the agreement I signed. So I paid up. So, As I still have my agreement and the figures are heart breaking I sent a letter reclaiming the PPI from the template on Matin Lewis's site. I received a prompt reply as follows: Dear Mrs xxxxxxxx Agreement Number- xxxxxxxx We refer to your letter dated 18th April 2008, received on 29th April 2008. We have reveiwed your file fully, regarding the points raised. The insurance part of the agreement is a fixed sum credit agreement whereby the products purchased have single premiums payable to the supplier of the various products by Direct Auto Finance Services and the customer is then able to pay the insurance premiums over a period (uually 48 months) to Direct Auto Financial Services to the customer. The agreement itself is very clear as to what has to be paid in total for both the vehicle and the insurances, the individual items and monthly instalments are also clearly set out. we would like to confirm the refund of premiums as follows:- Direct Auto Financial services receives no premium refund from the insurers underwriting mechanical breakdown and Guaranteed Asset Protection in the event customers terminate their agreement early. direct Auto Financial Sevices passes on to the customer the premium refund received from the insurer underwriting Payment Protection insurance when their agreement is terminated. A customer agreement can be terminated by way of early settlement, volentry termination or repossesion. We regret any suggestion that the sale of the policy in question was in anyway mis sold. you have provided no evidence of this and have only raised this issue several years later. Your recollection of the facts in February 2002, now appear very vivid, so we have reviewed the documentation you signed, the interpretation is also clear:- Conditional Sale Agreement You signed an important legal document,in which you specifyically confirmed you wanted to be "legally bound by its terms" Just above your signature in the Customer's Declaration, there are statements which state, "I/We agree that the above statements are correct." you signed the agreement. Given point 2) I refer to your Point 8 "Additional Insurance Protection". where the "yes" box is ticked to the statement "have you received a leaflet with details of the insurance(s) you have applied for and explaining the extent of cover"? To reafirm point 3) you signed the customer Declaration under the paragraph commencing "I/We agree that the above statements are correct". You claim that you were told that the insurance had to be taken out in order to assist your credit application. However: You have provided no particulars of the conversations, which are alleged to have taken place. You have only raised this issue several years later, after you have settled the agreement and fortunately found no reason to claim under the policy. In the circumstances we consider your argument for the refund of your insurance premiums to be wholly without merit. Your position is not supported by any evidence. We have no reason to beleive that our standard procedures were not followed at the time the agreement was entered into, Our position is borne out by the documents signed by you. It remains your perogotive to take whatever action you feel nessesary, if you still feel pusuit of a 'claim' is warrented. We have responded to your correspondence and will now close your file. However, please note that this agreement with our company started on 19th February 2002 and therefore, occured bfore we were FSA authorised. It is our understanding that this therfore falls outside the juristriction of the financial Obudsman service. Yours sincerely Mrs Caroline Dixon Collection Manager I have 2 carbon copies of the agreement a pink and yellow copy (the yellow one is not signed by them) I still have all that was given to me on the day and there is no PPI policy or leaflet. and I did not tick any box's the whole form was filled out and box's ticked by the sales assitant I only signed it. Is the last statement they make about the FSA true? Is there anything I can do? if so whats next? Many thanks Brooklyn.
  12. Hi, Many thanks for the update i'll be catching up on everything asap, with all the other bad stuff i've had happen lately i didn't want to lose out on this aswell. thankyou so much for your advice. Brooklyn.
  13. Hello is anyone there? Sorry its been so long but we've had a run of bad luck and i haven't been much use to anyone. could someone please advise on what to do after this letter as nothing has been done since it arrived, do i proceed with the next step or do i wait, i would hate to miss out. I'll be reading through again to try and catch up with whats going on but if anyone could give me a quick update and a what next i'd be very greatfull. Many thanks, Brooklyn
  14. Hello again, I have received another letter today below; We refere to your complaint on bank charges. we beleive that your complaint concerns the level,fairness or unlawfulness of the charges. If it concerns something else, such as an administative error, please let us know. We beleive the charges are fair, transparent and lawful. Since we last wrote to you, the bank (with several other banks) became involved in legal proceedings with the office of fair trading ( "OFT") on bank charges which we beleive will resolve the legal issues about the fairness and legality of your bank charges. It would be our normal approach to resolve your complaint through our internal complaints process as quickly as possible. However, until the determination of the legal issues in the above proceddings, we have asked the Financial Services Athority ("FSA") to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights. We can assure you we have registered and stored your complaint. please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case. Once the legal proceedings between the OFT and the banks finish, we will resolve your complaint as quickly as possible. We are sorry that we have not been able to respond in full to your complaint now, but we (together with the FSA and the OFT) think that it is necessary to resolve the key legal issues before we decide how we should respond to your complaint. Obviously exactly what will happen next will depend on the courts. We do not know how long the case will take - we have prommissed to proceed as quickly as possible but inevitably given the importance of the issues being concidered this may take many months to finally resolve. But we can assure you that once the legal proceedings are completed we will resolve your complaint as quickly as possible. If at that stage you do not agree with our conclusions you will of course be able to refer your case to the Financial Ombudsman Service ("FOS") (or to the courts). Should you decide to refer your case to the FOS, you should be aware we have asked both the FOS and the courts not to proceed with any other case they are hearing until the test case is resolved. The FOS has indicated as a general proposition that it will indeed not proceed with cases which rely on the legal issues being considered in the test case. Similary, you should be aware that if you choose to issue a claim in the County Courts, " the Masrer of the Rolls" (in England & Wales) or "The Lord Chief Justice"( Northern Ireland) has, at our request,issued a notification to the County Courts suggesting they stay proceedings about bank charges until resolution of the of the banks' proceedings with the OFT. Alternatavely the bank will immediately apply to the Court for an order to stay your action until the resolution of the bank's proceedings with the OFT. We will keep you updated appropriately about the proceedings with the OFT. You can also check the latest position on our website at RBS: Test case - Overdraft Charges – Update. The FSA requires us to ensure that your complaint will not be adversely affected by the delay in dealing with it. Customers for whom Scotland is the most likely juristiction should be particularly aware of the following: 1. You may choose to take your complaint or claim against us either the FSO or the courts in Scotland. 2. Your right to refer your complaint to the FOS will not be affected. The FOS provides a convenient alternative to the courts, and is free for consumers. However, as already explained, you should be aware that the FOS has, at our request, decided not to determine these complaints for the time being until the test case is resolved. 3.However, if you nonetheless wish to take your claim to the courts in Scotland, you should be aware that the timing of when you raise a claim against usmay be important. As such, you may wish to seek indipendant advice on filing a claim now to protect your rights (although you will have to pay a court fee). If you do this, you should be aware that the bank will immediately apply to the court to put your action on hold until the resolution of the bank's legal proceedings with the OFT. If youhave any further questions or would like an update on the latest position regarding proceedings please check our website RBS: Test case - Overdraft Charges – Update or call us on 0845 3030 442. Lines are open 9.00am - 5.00pm Monday to Friday or 9.00am - 1.00pm Saturday. Yours sincerely sandy Watt. customer relations. WHAT DOES ALL THIS MEAN AND WHAT DO I DO NOW ? Brooklyn
  15. Hi again, I've just sat down to do my husbands chart and request for refund and the statements they have sent are the wrong ones again. Its now 45 days since the original request I've checked my letters just in case I had requested the wrong ones but I haven't and its clear and in bold which ones I need. I have replied promptly with all letters so I haven't caused any delay, what sort of letter should I send back? Many thanks. Brooklyn.
  16. Hello again, well I've returned from my holiday to find a statement from Edge account showing a full refund made by Comet ( hooray!) but it says I still have "available to spend £1,150.00. I also have another letter sent 3 days after from G.E Money as follows; Comet account xxxx xxxx xxxx xxxx Thank you for your letter dated 3rd July 2007. Please accept my apologies for the delay in responding. I can confirm that the entry on your credit file relating to the above account has now been deleted. Please accept my apologies for any inconvenience this may have caused. yours sincerely xxxxxxxxxxx Should I check the account has been closed or is this letter enough, I'm just wondering as it shows an available to spend on the statement. Many thanks to all who have helped. Brooklyn.
  17. Hi one and all, Just got back from holiday to find the standard letters, considering blarr blarr blarr, 6 to 7 weeks blarr blarr and my husbands missing statements came today so i'll be sending his claim in too. Brooklyn.
  18. Hi again, Do you have to break the charges down when doing your sheet? for example I have 2 unpaid cheques on the same day and a £60 charge do I have to split this and list them individually as £30 or can I do as they have on the statement and just have one charge of £60. Thanks Brooklyn.
  19. Hi, I don't think we did but I'm sure we wern't defalted until we went through cccs perhaps i'm wrong. My husband is a horder so i'll dig out all the paperwork and check. Brooklyn.
  20. Hi, I've had a dispute with Comet and that seems to be sorted now (thanks to this site and the help) and i've recently decided to claim mine and my husbands bank charges back, so i thought why not sort out our whole credit history. In 2003 we were really struggling to pay off our debts and regular bills so we got in touch with the relevant companies explaining the situation and we got no help from them but we were told by one of the companies to go through the cccs (consumer credit councilling service). The cccs aranged payment scemes for us and we paid them and they paid the debts. As soon as we started to get straight we settled the debts one by one sometimes at a reduced amount. What we didn't know at the time is the cccs works by waiting for the company to defalt you then they make an agreement to pay a reduced amount each month. What I would like to find out is, is there a way to have these defalts repaired or removed. We are now managing our finances and haven't had any problems since we settled them but its still affecting our history. We never had a ccj and the mortgage only ever went 2 payments in arrears which has been fine since no missed payments ect. I would appreciate any advice Brooklyn.
  21. Cheers, Many thanks for the advice, I never thought I'd have the gumption to do this but with the help, support and the positve results on this site I'm going for it. I would like some advice on how to proceed is it better to claim all 3 accounts seperately also which work sheet should I use to work out the charges and interest? I'm a bit confused on the interest side of things, if I include the interest the bank has charged us, which is clear on the statement do I use the exel chart that adds the 8% too, or is it just the charges and banks interest that is in my request for refund to the bank and the 8% when/if it goes to court.:? I don't want to make any mistakes so am checking everything. Brooklyn.
  22. hi, Just looked through my husbands statements and the first 14 pages are missing on one of his accounts. Brooklyn
  23. Hello again, Many thanks one and all, My husband banks at the same branch and has 2 accounts, he sent his request at the same time and his statements arrived today nothing for me yet though. Brooklyn
  24. Hello all, I've had a reply today acknowledging my request and fee and my statements will be sent out a.s.a.p but there is a foot-note on the letter which is as follows; "With reference to your request concerning any manual 'intervention' to the administrative charges debited, these have been processed in accordance with the terms and conditions of our current agreement with you as a result of the activity on your account. In the event that you breach the terms and conditions, we will take the appropiate action, contacting customers when appropriate, or handling customer enquiries regarding their account status. When a customer has raised a concern in relation to this process, the decision will be communicated to the customer and where appropriate noted on the account." Is there a need for me to respond to this or should I wait for my statements, I haven't seen any reference to this on this site yet but there is so much to read through. Many thanks Brooklyn.
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