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alfied

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Everything posted by alfied

  1. I am assisting my sister in law with some of her debt problems. She has had 3 loans with direct line dating 2000, 2002 and the last 2005. The 2002 loan was used to pay off the 2000 loan and the 2005 loan was used to pay off the 2002. All three loans had ppi added to them. I have already put in a complaint to recover the PPI for the 2005 loan and I now have the information relation to the 2 previous loans. Becuase all the loans are inter connected can I put in a claim to recover the insurance payments from the earliers loans?? Many thanks
  2. Have you checked out a trust deed??
  3. hi paul If you have been on ESA since march 2009 you should be, at the very least, in the work related activity group which means you should be getting around £90 P.W. and why have you been refused Council tax benefit? If she can show she has not been receiving a wage then surely you are eligible.
  4. I have learned that DLC/Hillesden have bought this debt. I have requested a CCA from them and I got this reply. What do they mean when say if they cannot supply a copy of the original agreement they will supply a copy of the true agreement. What is the difference? My understanding that an agreement unsigned by the debtor is absolutely unenforceable. Any advice on how I should proceed. P.S. the DCA are still messing about regarding the correct balance. It seems they haven't taken away the PPI rebate when doing their calculation. Hillesden Securities Ltd.doc
  5. Hi All, I am just about start a claim against direct line for mis-selling ppi (its actully for my sister in law). I have never done this before but I do a little bit of general advice work and feel I have nearly grasped what is required. The story is as follows: She took out a loan with DL in 2002 (she cant remember the exact amount or if she took out PPI). In September 2005 she still owed £3500 and cleared this by taking out a loan of £5000 with PPI (single premium). She has a copy of the second agreement but not the first. She was employed but had serious mental health issues during this time (had a nervous breakdown). The debt is now with a DCA and she has had a repayment plan going with them for a few years now. They have just sent out an income and expenditure sheet for completion. I have drawn up a letter of complaint outlining why i feel the PPI was mis-sold and I have also requested a copy of the CCA for the initial loan. I have some questions: 1. When is it better to send a SAR and not a CCA? 2. Is the fact that the debt will be 5yrs old on the 20th of September significant in regards that the PPI policies, as far as I understand, only cover 5 years. 3. Becuase of the question of the selling of the PPI at the time of the agreement should I put the account into dispute and hold payment or not? 4. Do I make the £1 cheque paybable to RBS or Direct line? 5. And would I send a SAR to the same address or not? Sorry for all the questions but I feel I nearly have a good understanding of what to do but dont want to make any mistakes. Any other advice would be much appreciated. Many thanks Martin
  6. Hi All, I am just about start a claim against direct line for mis-selling ppi (its actully for my sister in law). I have never done this before but I do a little bit of general advice work and feel I have nearly grasped what is required. Your thread was really informative but I was hoping you could check a few things for me. The story is as follows: She took out a loan with DL in 2002 (she cant remember the exact amount or if she took out PPI). In September 2005 she still owed £3500 and cleared this by taking out a loan of £5000 with PPI (single premium). She has a copy of the second agreement but not the first. She was employed but had serious mental health issues during this time (had a nervous breakdown). The debt is now with a DCA and she has had a repayment plan going with them for a few years now. They have just sent out an income and expenditure sheet for completion. I have drawn up a letter of complaint outlining why i feel the PPI was mis-sold and I have also requested a copy of the CCA for the initial loan. Thanks to reading your thread I now will send it too the correct address - I was just about to send it to Solihull . I have some questions: 1. When is it better to send a SAR and not a CCA? 2. Is the fact that the debt will be 5yrs old on the 20th of September significant in regards that the PPI policies, as far as I understand, only cover 5 years. 3. Becuase of the question of the selling of the PPI at the time of the agreement should I put the account into dispute and hold payment or not? 4. Do I make the £1 cheque paybable to RBS or Direct line? 5. And would I send a SAR to the same address or not? Many thanks Martin
  7. Hi, I would like some advice regarding tactics. My sister in law took out a loan with the Bank of Scotland in 2005 for 25k with PPI. Within a year she had defaulted on this debt and a number of other debts. She then employed the services of a Debt management company who arranged a rpp on her behalf. In 2008 she was contacted by a company who advised her that she may have been misold PPI. They got 6k plus written off of the debt but charged her £1750. I have discovered that the debt has been bought outright by Direct legal & collections and the balance is just over 10k. We are now is a position to offer a full and final settlement and would like some advice on how to proceed. I intend to request a CCA but want to know what to offer in the event of getting one and not getting one. My sister in law is in poor mental health and wouldn't want to play hardball with the DCA. How low should I go?? Regards Martin
  8. Hi all, I am giving my sister in law a dig out with her finances. She has 4 seperate debt amounting to around 18k and has recently been made redundant getting just over 11k in redundancy. She had been dealing with DMC but I plan to negotiate full and final settlements for her creditors. Once of her original creditors is Direct Line (now with arden credit). She took out a pe.rsonal loan with them in 2005(consolidating an existing loan she already had with them). They also sold her PPI with this loan, not sure about the initial one. It looks like the have put the ppi payment with the the loan and charged interest on the lot but I would appreciate if someone with a better trained eye could have a look. I dont want to negotiate a F&F before I am sure they dont owe her a refund. If I was to challenge it what would be the best way forward? Many thanks Martin P.S. does anybody know how I can increase the size of my attachments - not too hot with that sort of stuff
  9. Hi, A neighbour of mine has been using DMC for a number of years, but she is now thinking of ditching them and negotiating directly with her creditors. She has signed an agreement with the DMC and is concerned that they might pursue her for charges owed to them becuase she had pulled out of the agreement. I have told her that I am sure they cannot touch her but at the same time I was unable to tell her why So I would appreciate if someone could explain why they cannot pursue her for any charges. It will put her mind at rest. Thanks
  10. Thanks for all that folks. So in the letter give them another chance to find the agreement; if they still can't find it, make them an offer, conditional that it is marked as a full and final settlement. If they refuse let the account become time barred. One more question. What % of the full amount would normally be seen as a reasonable offer? Are there any template letters about that would cover that? M
  11. Thanks for that flyboy. So say for example the debt was £500 you could offer them £300, or the option of leaving the account in dispute until such time the debt is time barred??
  12. sorry, I am rubbish at this - that said, the writing is pretty small on the page.
  13. If you strain your eyes you will see there is no signature or date
  14. Hi, So, should the next step be to send them a letter given them another opportunity to send a signed agreement and if not, to close the account. If that is they way forward can somebody guide me to the template letter for this. M
  15. Hi, I have scanned the page in question. Do I need to scan anything else. Thanks in advance. Martin
  16. Hi all, My friend has a credit card with Vanquis. I recently sent off a request for the CCA on his behalf, and he received a reply today. There is no signature or date on the agreement. What should I advise him to do next. Regards Martin
  17. Thanks for confirming that for us. Yes, they have started recovery proceedings him. He has a small flat with very little equity and a cue of creditors wanting their money. Clydesdale are the first to take court action against him. It looks like there is no way out for him. Thanks again.
  18. Hi, Last year a friend of mine, whilst in the midst of an online Gambling binge, manged to run up a debt with Clydesdale of £5300. This was done in the one night and it was in the form of an unauthorised overdraft. Now my friend wasn't checking his balance during this binge; he was just transferring cash from his bank account into his casino account. The amount he gambled meant that one minute he was up thousands and next he was down thousands. It never crossed his mind that clydesdale would allow him to take this amount. Time has elapsed and he has sought help for his problem but in the meantime he has been issued with a citition from the sherrif court. He is in no position to pay the debt, but, in any case, is he liable for it??
  19. Thanks moonlighter for clearing that up for us. Much appreciated.
  20. Hi all, Once a person has been discharged from bankruptcy can he/she then become a company director or hold public office?
  21. If you have no capital, no assests over £1000, not a homeowner in the last 5 years and earn less than £229(I think) you or your boyfriend (or both) could apply for a LILA bankruptcy. Might be worth checking out. Though this wouldn't get rid of the Student loan. Cab or Money matters will give you full advice on this option. M
  22. I have just spoken to a friend of mine and he was telling me about problem he is having. He got a letter this morning, from dwp, informing him that that they were going to deduct £9.45 p.w. over 11 weeks from his pension credit, starting on the 11th of May. They said in the letter that this was for 2 weeks rent owed to Highland council back in 2005. Firstly my friend disputes this, and secondly this is the first correspondence regarding this matter he has had. Surely they would have had to get some sort of court order to arrest his pension and would have written to him prior to this. He lives on his own and is quiet upset about it. Can anybody help.
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