Hello again!

I am happy to report great progress since I last posted. All five loan PPI's have been refunded by Lloyds.They used all the ploys like ignoring some claims completely and ignoring what I said in my letters completely but eventually they did pay up.I just kept writing to them saying the same thing and each time I wrote I enclosed copies of relevant information.Each letter was sent by' signed for' post and I filed copies of everything.

I haven't finished yet as they have consistently ignored the extra overdraft interest the PPI payments generated, so the next step will be to write a letter before action and if they still don't cooperate,sue them in the small claims court.

Hi Bella,

Pleased to hear you got your PPI refunded ok! I've been in a similar situation regarding the overdraft interest generated by the mis-sold PPI on several LTSB loans, but am a bit ahead of you in that I pursued Lloyds for this, took it to the FOS when they refused to pay ball - although they initially suggested they intended to uohold my complaint - and have recently had a final decision by an ombudsman go in the bank's favour. Just mulling over what steps to take next, so will watch your progress with great interest. Best of luck!

Landy x

Hello

I am new to this forum so forgive me if I haven't posted this in the correct format. We seem to have exactly the same situation as Landy_alert In that our freelander 2 needs a new engine as something has sheared off. It is an 5 years old and has done 50k miles, been fully serviced by Landrover and well cared for. We are at the early stage of contacting Landrover customer services and are awaiting a reply from them? I just wondered if Landy_alert had any joy with Landrover and what was the outcome? Also can anyone give any advice?

Many thanks

Hi Landrover666,

I've just seen this post and am sorry to hear about your issues with your Freelander 2. Unfortunately due to other commitments I'm not around on the forum much these days.

In response to your query as to how we got in in a similar situation, I'm afraid we didn't.......Landrover were very unwilling to assist and as we needed to get the new engine fitted as a matter of urgency we had to go ahead without their involvement.

In the end we spent in excess of £4k on new engine and other parts

As this is an old thread it would probably be better for you to start a new one of your own so that you can attract the attentions of those who may be able to assist/advise........good luck and hope you get it sorted soon!

Landy x

Deleted sorry............

In Swift land what they do or say is always right and good luck if you don't agree. They refunded me £600 from £31,000 of charges (I only had a mortgage with them for 30 months) Being Swift they didn't bother to break the refund down so I asked them to send one through. It took 3 requests to finally get it. @r5eh0les.

Hear hear They (Swift Advances, not Swift 1st) refunded me approx £900 on £3000 worth of charges earlier this year and this was after nearly two years of trying. We were only with them for 18 months and got shot of them some years back - thank god!!!

Well at least she accepted the fact that they should refund any charges on the current account that is a result of the PPI premiums but she decided none of my charges is a result the PPI premiums!!

 

 

Needless to say, I have lost all confidence in the PPI adjudicators, they are either incompetent or on the take!

Hi LTP,

I have to say that my adjudicator did exactly the same - said he would refund charges that were caused by the PPI (and even that he was going to uphold my complaint!!!), then backtracked and decided that there was nothing to prove that the charges were caused by the PPI. I even have a copy (which the adjudicator sent me) of a letter from him to the bank saying he was upholding it - next thing he changes his mind............definitely something fishy going on as far as I can see

I'm waiting for an ombudsman to look at mine now, but was told this could take a year or more

Good Luck getting to the bottom of this and hope you are successful in the end!

Landy x

HSBC came back with offers for the PPI and frankly they were good, they offer higher than what I was asking for. I told the adjudicator that I want them to refund the charges and remove the defaults. Told me she will contact HSBC but no answer yet, will be interesting!!

Hi LTP

Look forward to hearing what they say..........hope it's good news for you!

Landy x

Have sent some of our PPi clams off already, but will bea this in mind for settlements. Some claims I am just starting with though and definately will raise the charges as well as the PPI.

Had a go with LTP's spread sheet and apart from the very first set of charges early on (my fault a missed payment), all the later charges are on a balance that should have been below the limit but for the ppi, not gone through all the figures yet, but reckon with the ppi and interest, plus the charges and interest the balance would have been zero at the time they defaulted the card and sold it on, so they can wipe the default as well.

 

So thanks LTP great angle will post on my own threads as to events and try to pop back here if sucessful.

 

Ali x

Hi Ali

Wishing you every success with this............my own complaint is now awaiting review by an ombudsman - my FOS adjudicator told me he was going to uphold and recommend the charges be refunded, but later changed his mind and rejected it, so onwards and upwards!

The more people that start to complain about these charges - especially where the spreadsheets clearly show that but for the PPI the charges wouldn't have occurred - the more that hopefully the FOS will realise that these should be refunded as part of the redress process.............

Landy x

Hi Caro,

Should all Swift Advances customers have been notified about this as I have heard nothing at all recently from them ?

I sent the OFT the last letter I received from them mentioning interest, fees etc but have heard nothing back other than automatic acknowledgement...

Has anyone ever contacted their supposed regulatory body "The Finance and Leasing Association" to complain about them?( As Swift mentioned them themselves ,I cant imagine they'd be very helpful1)

Is anyone receiving regular letters/phone calls as usual or has it all gone quiet for everyone?

Also, did anyone else get their secured loan through Personal Loans of Bristol ?

Hoping for some news,

M.

Hi M,

I contacted the FLA when Swift Advances had rejected my complaint and as 42man says, they were no help whatsoever - they agreed with SA's opinion that my complaint was unjustified. Eventually, when there began to be rumblings of the OFT/FSA investigations, I tried again with SA and they did refund some charges...............but my account is no longer operational as I repaid it in full some time before complaining.

Landy x

Hi everyone!

 

Why is this not also happening for Swift Advances victims of exactly the same thing ?

 

Does anyone have any recent news from S.A as all seems to have gone quiet recently since CEO resigned....?

 

Yours anxiously,

 

M.

Hi M,

As I understand it, the FSA ruling only applies to FIRST CHARGE lending, ie that provided by Swift 1st and not second charge as provided by Swift Advances.............I quite agree with you, it doesn't seem right. Our borrowing with Swift Advances was for over £50k and although a second charge, was more than some peoples' first charge borrowing. We were charged in exactly the same way for late/missed payments/management charges and narrowly avoided repossession, yet apparently because a) it was a second charge and b) it was unregulated being over £25k (and no longer running as we paid it off thankfully!), we are not covered by the FSA. Despite this I have had some small success in getting them to refund a few charges - but only a fraction of what we were charged - and our early redemption fee and final repayment including interest were way too high in my opinion

There is of course the OFT investigation..............

Landy x

The Financial Services Authority has fined Essex based mortgage lender Swift 1st Limited £630,000 for unfair treatment of some customers facing mortgage arrears. The firm has also agreed to carry out a programme to provide redress to customers who were in arrears and who were charged certain arrears fees and charges that were excessive. Swift will provide redress to customers who redeemed their mortgages early where it miscalculated the interest on the redemption balance. It is estimated that the total cost of the redress to customers will be approximately £2.35m.

 

More:

 

http://www.mortgagestrategy.co.uk/distribution/swift-fined-by-fsa-and-ordered-to-pay-%C2%A3235m-redress/1037499.article

This only applies to Swift 1st customers though................not Swift Advances

I agree Coolchris, if it wasn't deliberate, presumably Swift Advances PLC's (Swift 1st's sister company for 2nd charge mortgages) customers will be redressed in the same way? Unfortunately the OFT who regulate Swift Advances plc don't have the same ability as the FSA to order redress. However as it is all an unfortunate mistake and system failure, Swift will want to do the right thing. Those customers have not been "treated fairly" either.

 

I wonder how much effort Swift 1st will put into tracking down families whose homes they have repossessed? Some of those families may have broken down as a result. Swift will have to go to great efforts to redress those people. Would people who have suffered extreme detriment be able to sue for compensation? What cost would the courts put on family breakdown?

 

SJ

Totally agree SJ............ALL Swift customers, whether Swift 1st or Swift Advances were treated like cr@p and ALL deserve to be refunded. As someone who narrowly escaped repossession by Swift Advances, my OH took an overdose 'cos he was so ashamed of what he felt he had done to his family and to crown it all we had to pay a ridiculous sum in early redemption fee when we managed to get out of their clutches, I truly feel for those who weren't so fortunate I can't see Swift making the effort to track down those who they previously terrorised and feel that if Swift can get away with paying out the bare minimum they will do so.

Our 'loan' was for in excess of £50k, but was a 'second charge' so won't be covered by the FSA ruling. I did manage to get some charges refunded, but only a fraction of what were applied............

Landy x

Also i was wondering if at the time i had the loan i was charged for any direct debit returns interest ect i should make some sort of calculation of theses charges considering the money i had to pay up front for the ppi ....( this could have meant i did not incur these charges).

Just a thought really ..... not wanting to sound greedy but in my eye these people don’t give a **** about any of us so why should i feel guilty about screwing them for every penny i can get.

I’m not someone sitting with a fat bank balance and enjoying retirement on a obscene pension lol...

Hi MASAMP8

Funny you should say that and not wishing to disagree with the excellent advice offered as always by ims21, but I have exactly such a complaint being investigated at the moment by the FOS.............and my charges were applied to the account which serviced the loan, not the loan account itself. According to the FOS redress guidelines charges incurred because of the increased amounts charged because of the application of PPI are reclaimable, although I would say from my own experience the banks are very reluctant to admit to this and the FOS can be difficult to persuade to follow their own guidelines...........but it's definitely worth mentioning this in your letter IMHO.

All the best,

Landy x

Hijack alert but I hope the OP will forgive me in the circumstances. Would everyone please take a minute to sign this petition and get all your friends and family to do the same.

 

http://www.consumeractiongroup.co.uk/forum/content.php?785-Re-Bank-Charges-Campaign-Continues

Thanks Caro............signed

Hi Emmtay,

Just dropped by to see how you are getting on........sorry to hear you are still not getting anywhere with this. In case it's of any assistance, my underwriters were Premier Writers Ltd although when questioned originally about this I was told (incorrectly as it happened) that our loan was underwritten by Sterling Insurance Group. In my own case though, it was all done through the FOS and the underwriters played no part in it. Don't give up, however hard it may appear I'm sure you will eventually beat them and get your money refunded

Landy x

Hi welshnewbie

I had the same thing happen when I reclaimed from Direct Line (also an RBS company) last year on behalf of my OH. They informed him that the refunded interest had tax deducted. When I queried this in writing, their response was as follows -

'In relation to the tax that has been paid on the interest aspect of your refund, this is standard procedure in line with HMRC requirements. The interest payable to you is treated as income and tax paid on that income accordingly regardless of the customer's financial situation.

If you believe you are exempt from paying tax, you would need to contact HMRC accordingly. We are unable to provide any advice in respect of this and would not have any involvement in this aspect of your payment apart from paying the tax. If necessary, you should contact an accountant or Tax Office to seek further advice. Please let me know should you require a Certificate of Deduction of Income Tax (Form R185) if you are a non tax payer.

In response to your request to evidence that we have paid tax to HMRC, this is an internal accounts procedure which we are neither able nor obliged to provide you with.'

I must confess that we did nothing further regarding this - although maybe as OH was self-employed and earning very little at the time, we should have done

Anyway, in all of my PPI reclaiming, RBS is the only company I've come across who have done this........

Let us know how you get on,

Landy x

Hi Emmtay,

It went through the FOS but although both an adjudicator and an ombudsman found in my favour, Norton were reluctant to pay out - to the point where I believed I would have to enforce the ombudsman's (legally binding) decision through the courts. Fortunately it didn't come to this though and it was Norton themselves (not the underwriters) who paid up in full

As I said I'm not around much here anymore, but will pop back from time to time to see how you are getting on and will keep my fingers crossed you don't have to wait too much longer.

Landy x

Just updating this thread!

It's now been with FOS for over 6 months, and they are trying to go after the insurers...which I think are Pinnacle?

How have you got on Landy? Any news?

Hi Emmtay,

Sorry, not been around much recently. Sorry to hear you are still not getting very far with this.

I did eventually get my PPI back from Norton, but it was a hell of a struggle, especially as it all happened around the time that the PPI Judicial Review was announced. However, it goes to show that success against them is possible if you persist!

Of course mine dated from much more recently than yours (and Pinnacle weren't my insurers btw) but hopefully with patience and persistence you will get there in the end!

Good Luck

Landy x

Update. Letter recieved from Nelson Guest-these guys still Westsnot? Letter basically syas that I have ten days and activites will continue... What next?

Finally recieved my SAR docs so sifting through them Def charges on the OD. Finally had a response to my complaint too...'sorry but we cannot answer at the minute will be doing so soon'...

Hi DD,

Me too - I understand that NG are the in-house sols for Wesnot.........I received a discount offer letter from them which arrived too late to respond by their deadline and my subsequent response letter to them went unanswered. After several further written attempts to elicit a reply I complained to the FOS - who said I should accept their offer as they were being fair and had done nothing wrong

Landy x

Have now made some space SC

Hi Steve,

Just to add to what the other guys have said - if it turns out that MBNA have sold the account to Equidebt, it may also be possible to reclaim both charges and PPI from MBNA in the form of a cheque - I speak from experience here on a similarly defaulted account - and then you can utilise this refund to negotiate a reduced Full and Final settlement with Equidebt............again I did this and they accepted 20%. Obviously this is much further down the line than where you are right now, and were you to take the F&F route the wording of your correspondence has to be water-tight of course, which the guys here can help you with.

Good Luck with this,

Landy x

Excellent work, impecunious - what's your secret?

Hi FS,

That's ok - maybe I was the exception to the rule

All the best,

Landy x

Hi SD,

LTSB refunded two lots of PPI in the form of personal cheques on two separate loan accounts both of which were in default and in the hands of (but not sold to) DCAs. This was during 2010. Both complaints went through the FOS and in one email to me the FOS said that it was LTSB's intention to refund as a personal cheque - I wasn't going to argue with this, lol, being in need of that money at the time. When the refund was due on the second account the FOS said that Lloyds intended to offset it against the debt, so I reminded them that in the other account they had sent me a cheque. The adjudicator went back to LTSB with this and the result was that they agreed to do the same on the second account.

I also received cheque refunds on two MBNA credit card accounts which had outstanding balances (again in default) but the difference here was that these had been sold on to DCAs. In the case of both these accounts despite the FOS adjudicators warning me that the OC (MBNA) was within their rights to (and most likely would) send the refund to the DCA, this didn't happen and instead the cheques came to me.

On none of these occasions did I mention hardship.

I don't know if this was just luck, but that's my experience!

Wishing you well with this,

Landy x

Thanks Paul - you are an inspiration to us all! Unfortunately there are still so few success stories with Swift that many of us get discouraged from time to time.........then posts like Andrew's and yours give us the impetus to try again. From my own perspective, even though I paid off Swift a while back and am no longer with them my loan was for over £25,000 and the FOS have said they cannot help, so court is my only option.

Landy x

Hi Nit,

As jdes says, have you any PPI on the loan? If so this can be reclaimed - although with the current Judicial Review (on-going as we speak) things are taking slightly longer at present - and/or offset against what you owe. A SAR will show up all the info they hold on you including any PPI and charges.

Landy x