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  1. Just an update on the above. LLoyds continued to claim the paperwork had been sent to me, though it never turned up. Eventually, I emailed the CEO with my complaint, mentioned that they were frustrating the process - as recommended by the site team - and mentioned that I would report this to the FOS. A week later I received a letter apologising for the delay, misunderstanding etc. They mentioned that a cheque for £100 would be forthcoming within seven days for the inconvenience caused. They had also contacted the department concerned with Subject Access Request and they would forward all information to me, free of charge I'm presuming. However, they stuck to their rejection of my claim. They provided me with some T and C's. They were undated so could really be from anytime. And they highlighted a paragraph 'What is Covered' ... If you are self employed you will be able to claim for unemployment benefit providing the unemployment is involuntary due to the financial insolvency of your business and you have notified the Inland Revenue' This is also mentioned under 'What is not Covered . .. unemployment if you are self employed, unless you become unemployed due to the involuntary insolvency of your business and you provide eveidence of notification to the Inland Revenue of cessation of trade 'Is this acceptable? Is this a unfair term in the contract? If not, then I can't see where I go from here. They have failed to address the mis selling in that they have not provided the transcript of the sale of the PPI, cancellation rights etc. They have merely stated that all proper procedure would have been adhered to but provided no evidence that it was, even though the PPI was cancelled within the last six years and so they should still have the paperwork. Any advice on how to proceed would be much appreciated. On a final note, I also have a claim with Capital One. The 8 week period has lapsed. The only communication I have had from them was an acknowledgement of the claim and a warning that it might take ten weeks, perhaps even longer. I wrote back to tell them they had 8 weeks but they did not respond. Will they get fined for not addressing the issue within the 8 weeks? Shall I take it directly to the FOS, now? Thanks
  2. Sorry, I've put I haven't put it across too well. My account with them finished in 2007, the PPI was cancelled in August 2007. If I SAR'd them and they would give me the info going back six years. That would only leave about just over a years worth of premiums for me to claim on. If I don't say whether or not I have statements going back prior than the six years then they might well go back prior to the six years themselves...
  3. By the way, I did send the FOS questionnaire. I did not want to send a spreadsheet because I was hoping if I did not enlighten them to how far my statements went back that they might have gone back more than the six years with the premiums. If I'd SAR'd them first and then just added up the premiums as far back as six years they could stop there. I was calling their bluff in a way. I believe they can go back more than six years if they wish. If that makes sense...
  4. Thanks for the advice. Maybe they'll think again now I've responded and mentioned the SAR and their complete lack of documentary evidence to refute my claim.
  5. Hi, I have a general query concerning a PPI claim that I have submitted and I'm looking for some advice. I had a claim with MBNA from a loan 10 years ago that went staright through in about 4 weeks. I received the cheque and that was it. I did have the original paperwork, though. Thought it was easy. Then I had my claim from LLoyds TSB denied. This was from PPI added to a credit card. I had not "demonstrated that there was a problem with the sale of the policy." I was a bit confused. The credit card ended within the past six years - 2007 - and the PPI was actually cancelled by myself in mid 2007 when I noticed it on the monthly statements. I even had a letter from them warning me that I would be at risk if I continued with the cancellation as I would not be able to avail myself of the benefits of the policy etc etc. I do not recall ever agreeing to the policy, I was self-employed and probably could not have claimed on the policy, and can not find any paperwork in relation to the policy. This was the basis of my complaint. I had asked LLoyds to provide me with the terms and conditions of the policy and a copy of my agreement - whether by telephone transcript or application form. I would assume that they should have all this because the policy was cancelled within the past six years. They have provided me with nothing. They seem to have placed the onus on me to proof it was miss-sold. My question, at last: Is the onus on LLoyds to show that the policy was suitable for me and not miss-sold, or is the onus on me to show that it was miss-sold. Surely if it's been in place within the past six years they should be highlighting where in the terms and conditions it shows I could claim, a copy of any agreement etc. I have written back to state that unless they reconsider I will send a SAR and request all the documentation that way. And that if they do not provide it I will progress to the FOS and inform them of their failures to do so. Would I have case with the FOS if I had to go down that rouete? Any pointers very much appreciated.
  6. Just read the policy schedule and the excess for Fire and Theft and Accidental Damage is £450 when the quote I had online and which I still have the email for is £350. Uggh! Can I cancel this policy and not lose any no claims discount? Surely there are unfair terms of contract here. being asked to provide - after signing and returning the policy schedule - to provide a "Certificate of No Claims" when they know I cannot. Would I be entitled to my first two months premiums back? Any advice. Thanks
  7. :evil:Uhm.... Just read in the paperwork that the policy is by MarkerStudy, and that the agent is Staveley Head. A little research shows that MarkerStudy are not very popular for similar reasons...
  8. :xThanks. Exactly what I've been thinking. The renewal has always been enough. And to state that "a statement of fact from your previous insurer" is not sufficient... well, that's got me thinking that they might be asking for something that cannot be provided - at least not by Direct Line. It's more or less saying provide us with this unattainable certificate from your previous insurer or your premiums will rise to reflect that you have no "no claims discount". Doesn't seem right...
  9. Hi Hoping someone can give some advice. I've just changed insurer for my van, from Direct Line to Stavely Head (The Van Insurer). Direct Lines price went up 33% even though I have 9+ Years no claims. Anyway, I've just received a letter from the new insurer that states That they are unprepared to accept the renewal notice from Direct Line as proof of no claims: "We are unable to accept a renewal notice, statement of fact from your previous insurance company or a letter from your broker stating the number of years, it must be the No Claim Discount Certificate from your insurance company." Unreal. Direct Line have said they will send a confirmation letter, and that the renewal notice should have been enough. They have said they do not do "certificates". Is this acceptable behaviour from the new insurer? They have added in their letter that unless the "certificate" is forthcoming within 7 days they will have no alternative than to "amend your premium accordingly, resulting in an additional premium to be paid." I have already provided the renewal and DL have said they will send a letter to confirm but it would seem this will not suffice. Anyone heard of a "No Claims Bonus Certificate"? Thanks
  10. Thanks for that. SB - do you mean statute Barred:???: I'm hoping that the lender would have to keep the records for longer than six years otherwise there would be no way of proving what the exit fees were. The lender could say they did not have the records anymore. The mortgage ended in 2004, so 8 years ago.
  11. Hi Not sure if this is the correct section.. I've just sent off some PPI claims and going through my old credit file have noticed a mortgage that was settled in July 2004 with West Bromwich Building Society. I've been reading up on mortgage exit fees and believe I might be owed some money. The problem is I only have the last four digits of the account number from the credit file and the mortgage was over six years ago. Do lenders only have to keep records for 6 years? Could have sworn I read somewhere that it was ten years for mortgages... If anyone could advise I'd be grateful. thanks
  12. Nothing would surprise me with Lowell. I haven't heard from them for a couple of years, now. Thanks to the info gleaned on the forums.
  13. Thanks, Cerberus. I've read through Section 11 and it does recommend 6 months after the payments have ceased. It doesn't seem clear whether this would carry over to any thrid party that purchased the account.
  14. Thanks, Cerberus. If they didn't adhere to the guidelines and registered a default at a very late stage would I be able to pursue it with the IC or through County Court? Or if they sold the account would the new owner be able to register the default in that they'd only just purchased the debt?... thanks
  15. I've been looking through my credit file today and see that an account with Barclaycard has not been defaulted:???: I received the last communications from them in late 2008, though I made my last payment to them in late 2007. They didn't have a properly executed CCA, and I made them aware of such with help from this site. I got the usual letters from Mercers, with what were supposed to be Default Notices, but eventually it all went quiet. How long can a lender leave an account before placing a default notice on it? Could they pop up a month short of six years from last acknowleding the debt on put one on my credit file? Anyone?
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