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Laitty

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Everything posted by Laitty

  1. Well, I've continued the battle.....but have lost again. The same adjudicator who made the original decision doesn't believe there is enough evidence to change her mind. This despite telling her that we haven't filled the D&N statement in, that we were never made aware that you could get 'other' PPI insurance at a much smaller cost because they were pressuring us into buying their PPI. Despite the PPI being sold to us by someone who is not qualified financially (a matter she still has not addressed). Hell, she hasn't in found in our favour regarding our (aborted by them) attempts to cancel
  2. Thanks for all your comments.....given me great heart to continue the battle! I have now received a copy of the Demands and Needs Statement via the FOS. Interestingly, it is not one document....but two. The first is the actual D&S but it neither written in my fathers hands, nor signed by him. There is an additional sheet supplied which may Dad has signed - but there is no date on this, neither is it signed by a witness which the sheet states is required. Does that call in to question the validity of the paperwork? How do we know either of them weren't filled in 6 months ago?
  3. Hi As always, looking for advice as I've become one of the 4% of people that has lost a complaint against Welcome with the FOS. My Dad took out a car loan with Welcome in Feb 2005. The car cost £7,000, the PPI (after interest was added) cost £5,005. Now I think about that was an extraordinary amount! PPI covered 12 months per claim. My Dad retired at 60, two years after taking out the PPI. Despite the policy terms, when he tried to cancel he was told he could not - presumably because of the interest etc. We were paying £95 a month for this. After starting a PPI mis-se
  4. Just a quick question on these people. Mum & Dad bought a car from them some years ago. Dad retired two years ago, tried to cancel the PPI, and was refused. Since then, we've started action against the mis-selling of the PPI and the retirement stuff. The account is clearly in dispute as it is lodged with the FOS and we are now awaiting the decision from the adjudicator (despite not seeing any of the evidence supplied by The Funding Corp which makes it almost impossible to argue or defend our case against them!). Anyway, on the day we received a letter from FOS informing us t
  5. Hi This is now really urgent as our defence needs to be filed in 24 hours! We have received a letter back from SCM telling us that they have never received a request for the CCA. I know that my sister did not send them registered, but that means that THREE letters, to different address, failed to arrive? C'mon, even with our postal service that's difficult to believe! They have now sent a copy of the CCA (which I haven't yet seen) and requested a statement to be sent to us (again, I haven't seen this if it has arrived). So our defence is: They failed to notify us of a
  6. Ok - we have an update following our letter sent to the solicitors after Christmas. We have now received their witness statement which goes: 1 - I, (name left out) of Finance House, Orchard Brae, Edinburgh do hereby state as follows. 2 - I am a Legal Recoveries Controller in the firm of SCM Solicitors, Solicitors for the Claimant, and subject to the supervision of my principals, I have the conduct of this action on behalf of the Claimant. 3 - At the time of making this statement the Claiman'ts records show that the outstanding balance is £4,255.16 4 - I refer to the exhibits ma
  7. Ok - I can now confirm that the first letter, to the DCA, was sent by Registered Post. I have the receipt number and it was delivered on 28th October. The letter informing us of the change back to BlackHorse is still retained by my sister - they also returned the £1 postal order as well. The DCA was a company called Credit Style Limited with an address in Sheffield, and the response was from them. Also, my sister has noted that Credit Style Limited were taking 75p off every payment made to them (and she was prompt at paying them when they asked) before it was sent on to Black Horse.
  8. Right - she's finally got in touch with me (you'd think she'd be keen to get this sorted ASAP but think I'm banging my head against a brick wall!). The originaly letter that was sent to the DCA dealing with it was sent by registered post. That was returned to us as the DCA stated they were no longer dealing with it. Only after asking Black Horse in November 23rd did we find out they were now handling the account again. When they replied that they were, we sent them a CCA request on 16th December to their Cardiff offices. The Default notice was issued on the 17th December. Given that
  9. OK - new images now at: Page One Page Two With regard to the CCA Request, I wrote the letter requesting it, and passed it on to my sister with instructions to send it registered post. AFAIK that is what happened, but no, they have not acknowledged any request for it.
  10. Hi The default notice is now online at AFAIK the £1 postal order was sent with our first request, but you'll have to excuse me if that's incorrect as I do not have the file of correspondence with me (my sister has that). Certainly, the copy of our letter to them requesting the CCA states that a pound is enclosed so hopefully, it was! Thanks again for everyone's help in this matter.
  11. Yes, I have a scanner, but I also have a copy of that letter which my sister is sending.
  12. Yes, they did get a default notice - but only on December 17th. That arrived the 23rd, and the Court Order was dated 23rd December. I have asked them for the receipt and proof from the original cca receipt. I'm afraid that letter might have gone though as I gave it to her early this morning to send registered post to the solicitors.
  13. Whoops - sorry. Its not Welcome Finanace (dealing with them on another problem. It's Black Horse Finance, and the solicitors are SCM. Apologies for the error - I had a panicked phonecall early this morning which panicked me!
  14. Hi I don't have the Court Order on me now as my sister has taken it away with her. I've given her a letter to send to Welcome's solicitors (coincidentally at the same address as Welcome!) indicating that since the account is in dispute (by virtue of their failure to send the CCA) that they cannot launch legal proceedings. The Counrt Order did have a seal and basically says that they are applying for a reposession due to amounts owed on the car (including amounts accrued after the CCA was requested (additional charges and court costs). The original letter was sent to Welcome by Regist
  15. Yes - the account has been put into dispute on the 23rd October when we originally asked for the CCA. The Court Order says that we have a hearing on 29th Jan.
  16. Urgent help required. My sister has a car agreement with Welcome Finance. They sold her husband a PPI despite the fact that he has suffered from mental illness in the past, and is also a diabetic. Following the usual practice of mis-selling the PPI claims, they have requested a copy of the CCA from WF. In actualy fact, they have requested the documents on four seperate occasions first starting in October! To date, we have not received any documentation to this affect. However, today, my sister received a Court Order on the car (it is in both their names). She is terrified that they may be
  17. Update (and some success): Firstly, the bad news: we had a call from the FOS last night informing us that, though they had not received the case file from Fredrikson's, we would probably not find our complaint was upheld despite Fredrikson's inability to provide the CCA or Deed of Assignment. The gentleman's view was that, as the FOS acted on a policy of 'Fair & Reasonable Behaviour' , as my mother had been paying them off, and had agreed payment amounts during that time, then she had accepted the debt and therefore, there was no case to answer for Fredrikson's. Obviously, this was a
  18. Update and some success! After sending our complaint to the FOS (see post above), they wrote to Fredrikson's asking them to forward the required documents (deed of assignment and a copy of the CCA). We have today received a Final Response letter from Fredrikson's informing us that, following the FOS's letter, they are unable to supply the required documents as they do not have them on file, and therefore, they have closed our file! I'd consider that to be a success of sorts! We will be forwarding a copy of this letter to the FOS and requesting that they instruct Fredrikson's to
  19. Update: After considering our options, and speaking briefly to the FOS, we decided to complain to them and request our money back as they have still (over 100 days later), failed to supply a CCA or Deed of Assignment. Quite simply, they don't have it. So last week the form, and all the documentation, was sent to the FOS. Yesterday, it all came back to us with a letter from them. Firstly: I do not understand the procedures whereby a company posts back ALL of the documentation to the client. Surely, they should keep this on file with the case manager so that if I, or anyone else contacts the
  20. Update: Still no refund from Fredrikson's - not a great surprise I admit - but also no Signed CCA nor Deed of Assignment. I've now prepared a complaint form to the FOS!
  21. OK - but does that mean we can rightfully re-claim any funds paid to them via the Courts or Ginancial Ombudsman (not sure which is the better system to use)
  22. Update: Well, its now been over a month since Fredrikson's contacted us regarding the account and informed us that they'll be contacting the Bank for copies of the required paperwork. Therefore, I've sent them the following letter (rather long I'm afraid but I thought it might be useful for others to use if necessary. As you'll see from the below, they have failed to provide all the necessary documentation to us in good time and therefore have defaulted on the account. We have requested all monies paid to them back, but I suspect that they'll come up with an excuse - or sell the debt
  23. An Update: We received a letter from Fredrikson's informing us that they were going to contact the original Bank (The Co-op Bank) for the original documentation (from 1990!). Does this mean they acted illegally in obtaining money from us without holding the CCA on file?
  24. Hi Please go easy with me - first time poster! I have been going through my parents finances over the last few weeks as I have suddenly discovered they have been paying out a lot of money which I feel they shouldn't be doing. I have already started a PPI claim against a The Funding Corporation and hopefully, that will come good. However, I have now discovered a loan that my mother took out in, she reckons, around about 1990 with The Co-op Bank. There were problems during the mid-90s and I have no doubt that she did default on occasions. The debt is now being handled by Fred
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