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Everything posted by deb4tlj

  1. Yeah that's what I thought - get everything in black and white. What sort of solicitor should I be looking for - a specialist divorce one, a family one? Your help is very appreciated.
  2. I'm not sure if I have posted this in the correct place so apologies. 4 years ago this August my husband walked out on me after 29 years of marriage. He said I could stay in the house as my wages are so low (800 a month) that I could not afford to rent. The house is mortgage free and has been for over 10 years . Both of our names are on the title/deeds. I have been maintaining the house and paying all the bills for the past 4 years. He has suddenly decided that he wants a divorce now but has stated that I can have the house . I don't trust him. Can anybody enlighten me on my rights regarding the house and the fact that I have lived in it for the past 4 years. My ex is older than me and now retired but has a very good income from several private pensions. I have never asked for any money from him, no spousal support, nothing.
  3. Thank you for your reply. The thing that worries me about going the legal route is the cost. I work 27 hours a week, my take home pay is 780 per month and I am struggling financially as it is. I am not entitled to any benefits and he is paying nothing in the way of spousal support and refuses to do so. We've been married for 29 years but all the balls seem to be in his court. I'm nearly 56, he's nearly 69 and is on two pensions, is working cash in hand for a number of landlords in the area (he's a general handyman) and is paid a retainer monthly by a landlord friend of his that he doesn't declare. I've recently found out that he has a number of bank accounts, one of which he's salted thousands into. I tried to contact him for financial help and he said "Go for it, I dare ya!" I'm in the depths of despair over this and am still not well, am still visiting my oncologist every 8 weeks. I'm so depressed.
  4. After finishing chemotherapy for ovarian cancer and finally getting back to work fulltime, my husband declared at the end of Aug 2014 that he was "fed up of being Mr dependable" and walked out on me. I have since had everything changed into my name but my question is the house. It is paid for - no mortgage - and is in both of our names. I do not want him to sell it out from under me - is there a way I can get the house put into my name due to his desertion or something or do I have to go the legal route? Any and all advice welcome please.
  5. Sorry about the multiple threads. This section in the above post; " they’ve told me that they’re getting legal advice about their approach. This is because they believe they can apply the refund to the debt with Marlin because it was a sale of an outstanding balance, rather than of a sale of debt. I have told them that this is not in line with our approach, and they want to get legal advice before they respond to me fully." is verbatim from the latest email from the FOS adjudicator dealing with these bullies. I have been n sick pay because of my cancer and chemotherapy for the last 6 months and it will be reduced from 725 a month to 390 as from the end of this month. I desperately need this money - which they have been fobbing me off about for nearly 2 years now! - to pay my gas and electric bills and my council tax is due at the end of this month but now they're taking legal advice to offset the PPI money against the outstanding balance that is only going to put money in Marlin's pocket as NRAM sold it to Marlin in Oct of last year! I am worried sick to the point of feeling suicidal!!!
  6. Have successfully reclaimed my PPI from this loan with NRAM via the FOS but NRAM are delaying paying out. This debt was sold on by NRAM to Marlin 4 months ago and NRAM have now informed the FOS that; " they’ve told me that they’re getting legal advice about their approach. This is because they believe they can apply the refund to the debt with Marlin because it was a sale of an outstanding balance, rather than of a sale of debt. I have told them that this is not in line with our approach, and they want to get legal advice before they respond to me fully." I am currently undergoing chemotherapy for ovarian cancer - proof of which I have sent to the FOS - and am in desperate need of this money to pay off an outstanding debt that is costing me £300.00 a month. Somebody please advise on my rights on this matter as I believe that NRAM has had more than enough time to resolve this situation for me and now firmly believe they are merely stalling for time and making interest for their company by withholding my money. I am owed over £3,000 and we all know how much Marlin will have paid for the existing £2,000 owed! I believe I am being bullied into using money that I was deprived the use of to repay this debt even though I am making regular monthly payments to Marlin and have never missed a payment. All advice would be appreciated.
  7. Long story short, had a loan with NRAM fell into financial difficulty and have been on reduced payments. Have never missed a payment and have paid regularly every month. Have received a letter from NRAM saying that they have sold my existing balance to Marlin Europe - no default notice or warning was recieved about this. Marlin have also sent a letter insisting that "in order to help with my fiancial difficulty" they require details about; my mortgage (house is in husbands name) my husbands pension income (he's a pensioner) any benefits I have coming in (don't have any although have recently applied for PIP due to a cancer diagnosis in November - am currently undergoing chemotherapy after extensive surgery) general outgoings This loan is unsecured and in my name only. Do I have to provide them with this information by law? I am also reaching the end of my 6 months full sick pay - as of next month I will be on half pay and in even more financial difficulty. I emailed Marlin on receipt of their letter and said that my pay would be reduced by half as of April, I have no idea when I will be able to return to work and that, at this particular moment in time, "it seems pointless to fill in this income/expenditure form at the moment as my financial cicrcumstances are due to change very dramatically" I have received no reply from them either by email or letter despite resending the email. All help and advice would be gratefully received.
  8. Ok and thank you both - another stupid question - do I use their APR at 11.9% on purchases or their monthly interest on purchases which is 0.945%? (Those figures aren't actual!) Edit - interest seems to change every 6 months or so, does this mean I have to do a seperate spreadsheet for each different interest amount/payments?
  9. Had been on a reduced payment plan with A&L for a credit card and have paid every month the agreed amount for at least 2 years. Out of the blue I get a letter from Moorgate saying they now own the account and to continue making payments to them. Should I have had a notice of termination or something from A&L or something? All seems a bit odd to me as I have heard nothing from A&L.
  10. Probably a stupid question but am just about to sit down with reams and reams of paperwork and start a claim for PPI on 2 credit cards. My question is, which spreadsheet should I use for the 8% interest - single or compound?
  11. I sent in a claim request and they took my details over the phone and sent me a letter to make sure they had the information correct. That's when the first denial came and I replied with the letter in the first post of this thread. The pdf in the first post of this thread is their second refusal to pay out.
  12. Many, many thanks for your reply dx - was feeling slightly out on a limb here and unsure of next step. Have composed what I consider to be a pretty strong reply - will post it as a pdf at first opportunity. Edit; if anybody can use any/all parts of my letter please feel free, I tacked it together from advice on here myself.
  13. 215 views and no comments apart from my own. Starting to feel slightly ignored here.
  14. Sent in the first 2 letters asking very nicely for my PPI back on 2 credit cards and received the usual response (word for word verbatim on both replies although from different people!) so sent the following; Dear Mr Hogg Thank you for your letter of 29th August, 2012. I write to inform you that I am not satisfied with the response you have provided to my initial complaint. I re-assert that I was mis-sold Payment Protection Insurance (PPI) taken out on the above named credit card account, by your organisation. I have been a customer with Lloyds TSB for over 25 years and am very disappointed at the way I am being treated over this – rest assured I will now be taking my banking affairs elsewhere. You write that the sale was made on a non-contact basis. I refute this as I applied for the card in person, in branch but at no time was I given any information regarding the PPI policy and indeed, was actually led to believe by your sales representative that the PPI was necessary for acceptance of the credit card. I did not receive at the time or after, any documentation regarding the PPI at all. As you should be fully aware, because I applied for the credit card in branch, if I had indeed acquiesced to the PPI a “needs assessment” document would have been completed by your sales rep to indeed assure that the policy was “fit for purpose” – I would like to see a copy of this document. I will address your points in order; Information and Disclosure “I can verify that there were no alternative policies to available at the time of sale.” There were no alternative policies available from your company perhaps but your adviser also did not inform me that I could have purchased the PPI cover elsewhere at a much more competitive rate. I now require copies of the notes that your sales person would have made at the point of sale. I would also like proof that there were indeed no alternative policies available at the time as my information will show otherwise. I would also like you to provide details of Lloyds requirement to let me know that cheaper policies would have been available elsewhere. “When considering the policy booklet I can conclude that we did supply you with sufficient information to ensure you could make an informed decision as to whether the policy met your personal requirements.” What policy booklet? I did not then and have never since, received one or even caught sight of one! At no point did I receive any such information, either by letter, document or telephone call. I affirm once again that at no time was I asked for details of anything about the PPI cover and was certainly not supplied with any documentation pertaining to such. I am also aware that my mental health issue will –and has – precluded me from EVER claiming on a PPI policy. I repeat, I wish to see a copy of the needs assessment document completed at the time. Consent to cover “The consumer credit agreement shows that we required additional consent in the form of a tick box and a signature to confirm that you wanted a PPI policy to be added to your credit card.” If, as you stated in your letter, this sale was made on a non contact basis how could I have ticked a box and signed a form? I require proof of this document and proof also that I was not deceived by your sale adviser at the time. Prove to me beyond a doubt that I was not told by your adviser that I had to have this policy in order to gain the card. I feel that the sale was driven by a commission based bonus structure and therefore would not have been sold in my best interests. “It can therefore be concluded that you did knowingly consent to the addition of a PPI policy to your credit card.” I did not knowingly consent to it – I was given no choice in the matter! If the exclusions on the policy had been made known to me there is no way I would have ever agreed to it anyway – whether I had gotten the card or not! I believe this was a commission based sale that was forced on me by your sales adviser. To reiterate; It was not explained to me at any time that there were exclusions within this policy that would apply to me and make me unable to claim. It was also not explained to me that similar or better insurance cover for this credit card could be bought elsewhere at a much more competitive rate. My personal circumstances were not questioned at any time during this credit card application and my belief was that if I did not also take out the PPI at the same time as applying for the card, then my card application would be refused. I was not asked if I had insurance cover elsewhere which would cover this loan. The PPI was never explained to me at all; in fact I have never received any policy or terms and conditions regarding this policy. At the time of this application I was in full-time employment with no risk of redundancy, a fully paid salary for 6 months of sickness, had both generous life insurance and critical illness insurance policies. I believe insurance contracts are contracts uberrimae fidei (contracts of the utmost good faith) which imposes on you a “duty of disclosure of all material facts because one party is in a strong position to know the truth.” I believe you should have made it clear to me that the policy generated large profits for you and substantial bonuses for the sales advisers who sold it to unsuspecting customers. You failed to do this. I believe that you have also therefore failed in your duty of disclosure. Your failure to disclose is misrepresentation at common law. Insurers are under an obligation to ensure that the policy they are selling is appropriate to that customer and clearly you have not fulfilled this requirement. I reposed absolute trust in your ability as a financial institution to provide a reasonable level of care and skill in ensuring that my best interests were met when taking out a credit card with your organisation. This has not been the case and I am extremely shocked and disappointed. If you cannot provide copies of the documentation requested by myself then I insist you produce evidence of destruction of the documents certified by a registered data controller within your organisation as is required under the Civil Evidence Act 1995. As you will no doubt be aware, this act requires banks and other institutions to keep auditable records on documentation they hold and includes certification of destruction. I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days to reply to me. Yours sincerely Received the following today - again identical letters this time from the same person but for the two different credit cards! Any advice would be appreciated.
  15. No, he didn't have an overdraft facility and yes, he had asked for one in branch and they refused - one of the many reasons he decided to move his account elsewhere.
  16. Here's a straight cut and paste from the letter I helped my son compose and sent to Nationwide. "Upon taking advice I have been informed that these charges are exorbitant and require proof of why these charges have been levied to this account and why your charges have been so high. On the 19th July you allowed me to withdraw £10.00 from a cash machine when I only had 10p in the account, thus allowing me to become overdrawn. You had the choice to refuse this request and not allow me into overdraft or to accede to this and treat it as a request for an informal overdraft. You chose to do neither. You then allowed two further withdrawals from this account further placing me into your unauthorised overdraft. You then, on the 31st July charged me a further £20.00 overdraft fee. I see that you then on the 17th August 2012 applied a £15.00 paid item fee to my account which effectively placed me again into an overdraft. You then commenced to charge me another unauthorised overdraft fee of £20.00. I object to these fees because it is your own charges which you have levied against me which have put me into overdraft. It is your charging scheme, it was designed by you, and it is intended to provide revenue for all parts of your personal account operation. Therefore your imposition of these charges on me can not be said to be ‘un-arranged’. You have imposed these charges upon me deliberately, in full knowledge of the state of my account and for your own purposes.I also believe that these charges could be interpreted as being a retaliatory gesture on your part for my moving my account elsewhere." there was also a £30.00 "admin fee". Hope this helps.
  17. ... and so they charged him for that aswell! Son only earns £200.00 a month (he works part time in a primary school) and they've taken £100.00 off him. Son was in the process of closing this account as he had nothing but trouble with them and I honestly believe this is a retaliatory gesture. Put together a letter asking for charges back and received the attached in reply. Any help and advice on our next step would be appreciated.
  18. Email their CEO with all the details. Make sure somebody's head rolls! [email protected] Edit; don't know why it's showing a space after the "k" but it's still "clickable".
  19. Update; Well, they are still ignoring all my letters and all efforts to get this loan paid off. Found out they were part of the UKAR Holding company so sent a complaint to them aswell. http://www.ukar.co.uk/ Copy and paste of email sent back; Thank you for your email into the Press Office. I referred this to Customer Relations who advised that a final response letter had been issued on the 9th May 2012 outlining various options in relation to the refund of your PPI. As stated in the letter this decision is final and been conducted in line with FSA guidelines however if you decide not to resolve matters at this stage you can refer your complaint to the FOS, which I noted from your email that you've done so already. I'm sorry that you feel NRAM have fobbed you off, but I can assure you that all complaints are taken seriously and we have a robust process in place and strive to resolve issues as they arise. In cases where we cannot resolve the issue customers are made aware of the options available i.e referal to FOS. Thank you again for your email. If you need any further information please let me know. Regards Replied this morning; Thank you very much for your prompt reply. You do at least endeavour to reply to your customers which is more than can be said for NRAM. I raised a dispute with them about the amount of PPI refunded to me - I sent a Statutory Access Request and worked the figures out accordingly. I have since sent them at least six letters outlining their wrong calculations and asking them to take all PPI owed me and 8% simple interest in full and final payment of my account. They have ignored every letter, are continuing to send me their so-called PPI "options" letter - still with the wrong figures - and are now fobbing me off on the phone. I only want what is owed to me through their obvious mis-selling of PPI - I have serious mental health problems which would automatically preclude me from ever claiming any PPI on anything. I am not even asking for the money to be returned to me - I am asking them to take all that is owed and just go away and leave me alone! My health is deteriorating considerably because of this whole debacle and my mental health problem has been exacerbated terribly because of all this. I just cannot get a straightforward answer from anybody! I have now lodged a very strong complaint with the FSA and the OFT who I believe have fined NRAM in the past in their guise of Northern Rock. I have also sent all details to my local MP and to Lord Prescott who I believe has an especial dislike of financial institutions asking them to raise questions regarding NRAM's lack of duty of care towards their customers - initially deceiving me into taking out totally useless PPI cover and then ignoring my offer and my degenerating state of health. I am facing possible job loss so will be no longer able to make the payments on this account which is why I am trying to get them accept my full and final offer - it will be one less thing for me to worry about. I am not trying to avoid payment of my debts, far from it - I am trying to find solutions! I just cannot understand why they are ignoring all my efforts to pay off this loan. I am afraid the only options open to me now are the media and possible court action to actually get them to admit their figures are wrong. I will not let this drop until this debt is gone. I am getting sooooooooo p***ed off of this company - they don't give a toss for their customers!
  20. No GLW I live in good old Yorkshire! LOL Well the latest from NRAM is that they just keep sending me the same acceptance forms as they sent me in January - with no figures amended of course! I sent them this at the beginning of July; I am now resending the letter that I sent at the beginning of June 2012 to which I have yet to receive a response. Calculations have been amended accordingly. Please find enclosed a spreadsheet to the beginning of July 2012 detailing all PPI payments made on the above account with 8% simple interest added. The amount owing on this account as of the beginning of July 2012 is £4,180.99p. As you will see from the spreadsheet I am currently owed £2,608.77p (this figure includes 8% simple interest; £2,070.29p + interest at 8% = £2,608.77p) in mis-sold PPI. Removal of existing PPI from the remainder of the account amounts to £855.79p. Upon adding the mis-sold PPI owed to the PPI to be removed we reach a figure of £3464.56p to be subtracted from the balance on the above account leaving a grand total of £716.43p actually owing on the account; £2,070.29p + £855.79p = £2,926.08 PPI loan £2,608.77p + £855.79p = £3,464.56p £4,180.99p – £3,464.56p =£716.43p and asked them to take all the PPI and interest owed in full and final. Guess what - they sent me the acceptance forms and same letter from 16th January. I've since reported them to the FOS and sent this letter; Please find enclosed a copy of the letter I keep sending and resending to your company. I received on Monday 23rd July, 2012 another copy of the letter dated 16th January 2012 from Marie Jones of the PPI Review Team with two acceptance sheets. As I have explained in letter after letter and numerous phone calls I am asking you now to accept all PPI and interest owed me in full and final payment of the existing loan as my financial position and impending job loss will make continuing payments on this loan virtually non existent. I will be forced to send a token payment of £1.00 a week to pay this loan off which, as I am sure you are more than aware, will take me forever and is not beneficial to mine or your interests. I feel as though I am being “fobbed off” by your company and will soon have no choice but to lodge a complaint with the FOS. Please do not send me any more copies of the Marie Jones letter Customer reference PPI/************** as I now have enough of them to wallpaper my living room. Will lodge a complaint with the OFT this week. Am seriously p***ed off with their stalling tactics!
  21. Latest on the above - wrote to NRAM at the beginning of June after receiving SAR paperwork. After doing my sums I owe them 4,310.99. They owed me 3,451.00 in PPI with simple 8% interest added. I asked them to take this in full and final payment of the loan - no answer. Wrote to them again beginning of July with figures amended accordingly asking them again to take this in full and final for loan. No reply as of today. Where do I stand now? Should I complain about their ignorance and treatment to a regulatory body and if so, which one? They haven't even bothered to pursue my PPI claim as I did not accept their offer of January this year. I'm stumped as to what to do now because at this rate they'll end up owing me money!
  22. How does this reply to them sound? Not sent it off yet so can still be tweaked. I have recently received a letter from the PPI Review Team regarding PPI on the above account. I suffer from mental health problems (hence the uselessness of the PPI policy) and am very distressed and disappointed with the tone of this letter and the thinly disguised bullying tactics used herein. It is made blatantly clear in the letter – a copy of which I enclose with the relevant sections highlighted – that if I do not use the PPI refund to pay off some of the arrears on this account that; “enforcement action is likely to follow against you, and you will be liable for any additional costs NRAM incurs as a result of such action”. My other “alternative” is; “NRAM could use all of the PPI refund to reduce the current arrears on your account. NRAM does not require this, but if you select this option, this will reduce the risk of enforcement action against you, and it is likely to improve your credit rating.” I would like here and now to state that this is clearly bullying tactics to make me clear the arrears on the account. You are clearly giving me no option but to use the PPI to repay the arrears. If I had not been mis-sold the PPI in the first place I would not have found myself in the position of having to make reduced payments – it may well have been these premiums that made the difference between my being able to make the monthly repayments or not. You have absolutely no reason or grounds to take enforcement action against me, I am on a mutually agreed repayment plan and have missed no payments and all payments have been made on time. I will not be bullied into accepting this offer and am currently awaiting all the information I requested with my SAR that was received by yourselves and signed for on 23rd January 2012 (you will of course be aware that you have 40 days to comply with this request). I will then be able to calculate whether your offer is reasonable in terms of the PPI payments and interest. May I also take this opportunity to remind you of the Principles for Businesses (PRIN) FSA Handbook 2.1.1 specifically; Principles; 2 Skill, care and diligence A firm must conduct its business with due skill, care and diligence. 6 Customers' interests A firm must pay due regard to the interests of its customers and treat them fairly. I do not believe I am being treated with care or fairness and as such will be taking further advice about this matter. I am also sending a copy of this letter to Marie Jones of the PPI Review Team. Please be aware that I will not accept phone calls regarding this matter – all communication must be by letter only. All advice gratefully received.
  23. Seems to me that this is totally a retaliatory gesture - how can they suddenly demand payment when I have adhered to the terms of my repayment plan? Surely they owe me a consideration of care that they are not causing me financial hardship? I feel that I am being bullied into paying the PPI refund off the arrears - never mind if I want to or not!!! If I don't use the PPI refund to pay off some of the arrears then they are demanding £600.00 odd pounds a month payments - my bloody wage isn't that a month and they darn well know it - they've had enough budget sheets from me!!!!!!!!!!!!!!!! surely this falls under unfair treatment of myself as a customer - they are now reneging on an agreed instalments payment arrangement? the amount of arrears is £2,992.29 the remaining balance is 3,974.96 (that includes the arrears amount) they are offering me PPi premiums of £1,940.60 and 8% interest of £489.68 I don't believe this is correct as I remember them stating that the PPI was always paid off first before anything came off the loan itself but I guess I'll have to wait for the SAR paperwork. I have no intention of agreeing to anything or signing anything until I have all the information to hand.
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