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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Andybars

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Everything posted by Andybars

  1. Andybars
    Your mum's uncertainty is presumably because she took out her card on line and then the PPI was added on the activation call. another point that is worth adding is that your mum did not select PPI when she was able to make an informed choice filling in her online application. However a week later (presumably with no change to her circumstances) it became added to her account after an unsuitable non-compliant telephone call. The other reason for a low uphold rate at FOS is that many Capital One cards have relatively low value claims and Capital One in common with many other lenders will pay out low value claims without investigation. i.e Capital One uphold a relatively high level of claims without FOS referral. - the overall uphold rate for all claims to Capital One is justifiably rather high.
  2. Andybars
    Definitely worth an appeal to the Ombudsman, pointing out that no call recording exists however Capital One have already acknowledged that the call was non-compliant and that Capital One was fined £3 million by the FSA for mis-selling PPI between Jan 2005 and April 2006. Given this it is astonishing but sadly not surprising that the adjudicator has found against you. Make sure that you get back to them within the 21 days as FOS are quick to close down cases to get them of their books - it appears that they are currently more concerned with quantity of decisions over quality
  3. Andybars
    Once there is a notice of disassociation on the account - any accounts to which you were not a party will no longer show up as connected to your search. You mention that the all the payments to this mortgage are up to date and on time - has this been the case throughout the past 6 years. If so I can see no issue, if not it may be advisable to add a notice of correction to the account confirming when you became liable for the account and explaining that any problems with this account were prior to you being a party to it. Given the recession many Financial Services Employers are much more flexible on adverse credit for most roles than they would have been 5 - 10 years ago and some offer helplines for employees with debt / credit issues
  4. Andybars
    Given the high chance that Lloyds will fail to provide the necessary information in the SAR, my own recommendation would be to get this case to the Ombudsman as soon as possible and then it is at least making its way towards the front of the enormous queue. Make clear when you complain that you agree the decision of Lloyds that the policy was mis-sold but believe the redress to be wrong. In the unlikely event that Lloyds send you full calculations which prove to be correct you can always withdraw your complaint from the Ombudsman
  5. Andybars
    The PPI line are spectacularly useless however if you get onw of their more competent members of staff they should be able to tell you if they have received the complaint - the number is 0845 601 2683. Given that its potentially going to be a large payout, I will be wholly unsurprised if they deny receiving it
  6. Andybars
    Just to confirm - all RBS loans had cover for the first named borrower only.
  7. Andybars
    It would do you no harm to take your case to the Ombudsman. As DX says Barclays may simply buy back the debt from Sigma, offset the refund and then it sell it back to them. Alternatively they may decide that it is not worth the work involved in doing so and refund the money to you. FOS are inconsistent in their decision on these cases, however particularly if you have priority debts that are outstanding they may look sympathetically on your case
  8. Andybars
    Don't forget to put in a claim for a refund of the money that you have been paying Lloyds each month for the "ID Aware" service as a quick view of this appears to show that for £6.99 a month it will monitor Callcredit and tell you if there are any changes to your credit rating - something you can do yourself for free on the Noddle website
  9. Andybars
    There are two issues here - one is the default notice and your credit file, the other is when is the account statute barred. If is you suggest in our email they are going to issue a default dated December 2008 then this will drop off your credit file in December 2014 - it will mean your credit rating is worsened between now and then. If your last payment or acknowledgement of debt was around the same time then this will become statute barred in December 2014 In terms of the figures being inaccurate, my won view is that you submit a CCA Request to Barclays (who ran the LPF credit cards). This should get you a copy of the credit agreement and a statement of account to demonstrate where the figure has come from. I personally would be raising a complaint about inaccurate credit information being recorded and escalating this to FOS / The ICO - I always view attack as the best form of defence. Others on here may suggest that you should correspond as little as possible regarding the account in the hope of no further action before it is statute barred - which approach is best for you depends on your circumstances and also the subsequent approach of LPF. Whichever approach you go for, please make sure that you head all correspondence "I do not acknowledge any debt to your company or any company that you represent" and make sure that if you send a cheque for £1 for the CCA request it is clearly noted as -cheque for statutory fee only - NOT TO BE USED FOR ANY OTHER PURPOSE
  10. Andybars
    As a next step I think there would be some merit in a charges complaint to First Plus - they have effectively charged you the PPI Premium as a default fee - in my view this would be an unlawful fee. I would be stressing to them that if they did not sell the policy as they claim, they should not be able to withhold the refund.
  11. Andybars
    Do you know the intended term of each loan - if you have this as well as the monthly payment- you should be able to work out the rebates when each loan was refinanced and how much was carried forward into the subsequent loans. Given that these are almost certain to be non-pro-rate rule of 78 refunds on RBS loans of this vintage - I would expect the redress figure to be rather substantial
  12. Andybars
    For credit cards, the redress methodology is more complex than loans. Essentially, if the card would have had a debit balance without the PPI, Barclays should pay you the card interest rate, if it would have had a credit balance then it should pay you 8%. From the figures above I would guess that although you cancelled the PPI in 2005, the balance remained quite high for a while afterwards. Because the balance included PPI charged but not yet paid for Barclays should have paid you at the card interest rate rather than 8%. Essentially, without the full calculation its not possible to check - however the card interest and 8% interest appears broadly consistent with the card history you have described
  13. Andybars
    It would also be useful if you could tell us the amounts that Advantage are claiming as these will often be inflated by huge numbers of spurious charges for arrears letters / text / arrears management fees etc. Can you also check the Credit Agreement for warranties / Gap Insurance and other add-ons which Advantage often try to add at eye-wateringly high prices
  14. Andybars
    Hi, if this was a front loaded loan (which I believe Barclayloans were) then essentially the amount you paid already included compound interest so Barclays would be correct to only add 8%. Since 1 October 2013 lenders have been obliged to pay the 8% interest net of tax . If you are a non tax payer you can claim this back from HMRC - have a look on the HMRC website as to how to contact them.
  15. Andybars
    Hi, as HBOS have provided a final decision letter - your next step should be referral to the Financial Ombudsman Service. This should usually be done within 6 months of the decision letter date however they will look at extenuating circumstances such as serious ill-health - this would seem relevant in your case. I would refer to FOS as soon as possible - preferably by telephone, advising that you will complete and send the FOS QUESTIONNAIRE as soon as you can
  16. Andybars
    Just to add to the previous post - FOS look at cases like these on an individual basis and I have seen examples of this type of wording being viewed as advised and also as non-advised. It is much more likely to be viewed as advised if the application form was pre-filled with your details by the bank i.e a personalised mailshot than it is if it is a generic application form that fell out of the Sunday paper. In my view, any mis-selling complaint should cover all the circumstances of the sale rather than focussing too narrowly on one point that the lender / FOS might see differently
  17. Andybars
    The other thing to note is that the LETTER ITSELF must mention Ombudsman Referral Rights - merely including a leaflet is insufficient - The FCA Handbook definition for a rejected complaint is as follows "a written response from the firm which" ......"rejects the complaint and gives reasons for doing so and which informs the complainant that if he remains dissatisfied with the firm's response he may now refer his complaint to the Financial Ombudsman Service and do so within six months" . In your position, I would ask that this case is referred to a jurisdiction ombudsman although given the delays with such cases it may be quicker for the subsequent complaint to be investigated
  18. Andybars
    Hi, as DX says this agreement did not have PPI - however the amount borrowed of £15,092.02 seems quite an unusual one - do you know if this is your first loan with this lender or was it used to pay off an earlier loan with this lender (or consolidate other accounts) as these earlier accounts may have had PPI
  19. Andybars
    Without full details of the calculation it is not possible to say whether it is correct but certainly on a credit card or overdraft it is common for the interest to be more than the premiums. Given that interest is 8% simple per year from 2005 - you would have needed to have paid (very very roughly and assuming 8% interest was paid net) around £2,700 in interest on your £1,800 in premiums between 1996 and 2005 - this is very possible. Whilst it is common for lenders to underpay, overpayments are much rarer - once you get the letter from Barclays on this case feel free to post it up (minus all personal details) and I am sue somebody will be happy to take a look at it
  20. Andybars
    I would find it unlikely that they have overpaid you over £6k in error. I would think that they have upheld both complaints and on one the letter has beaten the payment to you on the other the payment has beaten the letter. If you want to make sure then you could always call them for an update on your cases. The number in post 28 is for their admin team - they should be able to tell you what the current position on each case is. As always take care when speaking on the phone to them however they will usually give you an update once you have answered a few basic data protection questions. Alternatively, it is likely that the letter on the other case will arrive with you in the next two or three days.
  21. Andybars
    Given the age of the debt - I would file and ignore. If Robinson Way se a further letter requesting payment then send them the statute barred letter from the library
  22. Andybars
    If the cards / loans were taken out over 6 years ago but closed within the last 6 years then they will still show on your credit report. This will show you which lenders you had accounts with - what it wont do is tell you whether these accounts had PPI. If they were closed more than 6 years ago there is no benefit in getting your credit report for this. If you paid these accounts by direct debit another option would be a subject access request to your bank which should provide you with a transaction history and a list of direct debits. Again this will only tell you which accounts you had, it wont tell you whether these accounts had PPI
  23. Andybars
    Can you just check the letter - in post 3 - the second line of your calculation states 8% interest on each payment from the date of payment. The interest on each payment should be at the interest rate you were charged for your overdraft (or because RBS don't have a full rate history - I believe they use 18% as an average). The figures certainly seem to suggest it was around 18% but it would be worth querying with RBS if it does in fact state the rate was 8%
  24. Andybars

    Glennyboy v Egg

    Andybars replied to glennyboy's topic in Egg

    When did you last make a payment to anyone in respect of this debt - if this is more than 6 years ago (5 in Scotland) any debt wold be statute barred by this point
  25. Andybars
    Hi, if you've sent it signed for you will be able to check that it has been received with Royal Mail. HFC have a duty to respond to the complaint within 8 weeks of your initial complaint to them. You have received an acknowledgement so my own view is that there is no benefit in chasing this until 8 weeks have passed since your initial call.

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