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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 the PPI. It seems to read that as we rejected their minimal compensation offer, we are no longer entitled to complain about this! Is that right? Very very down over this. Its difficult reading about how most people seem to be succeeding with their PPI and yet we've failed when we have a fairly strong case IMHO. We were completely and utterly pressurised in to taking out the PPI, it wasn't right for us, it was far too expensive, and it was sold by someone who was not qualified....and yet we lost? Confused of Colchester.
  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? TIA
  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-selling claim against them, they did offer £1,500 back on the retirement....but as the claim was for over £5,000 we rejected that. Whilst working, my Dad had life cover at 3 times his annual salary. Six months sickness pay and three pensions (which I assume he could have cashed in at any time if he'd wanted too). Therefore he was adequately covered in my view. We were told we could not have the car without the PPI sold by them. We were kept at the showroom for five hours without food or drink until they sold us a car (and yes, we did try to leave but they kept trying different options). My Dad signed a Demand & Needs statement at the time....suggesting we had the cover. However, no one in the family really recalls this (we certainly don't have a copy), but he was forced to sign it. We were, as far as we can tell, not informed that other PPI's were available or that any other cover may be an option. I believe that the person who sold the PPI was not qualified to sell financial products to us. So on this basis, I started a PPI cliam on their behalf a year ago. During this time they did off that retirement compensation, but little else. Today, the FOS have informed us that we have lost our complaint because of the Demands and Needs statement that we were forced to sign. There is apparently a bit on the credit agreement that says we have applied for optional insurance products. Furthermore, the FOS have not even accepted that the retirement cancellation should be refunded to us even though it clearly states that the policy can be cancelled at any time - and that this should have been refunded to us. I feel incredibly guilty at letting my family down on this and don't know what to do next. Do we take it to the next level and the actual Ombudsman? The adjudicator did contact us - but only to ask a couple of small questions....we have never been asked to provide a statement (such as witness statement) apart from the original form to them which detailed four ways in which the PPI was mis-sold. Indeed, looking at the original form just now - she hasn't really answered the complaint. We said that the PPI was sold to us part of the deal & without it, there would be sale and that the salesman pushed through the sale....and yet, no mention of this in her letter today. Any advice would be extremely welcome so TIA
  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 that the case had now been passed on to the adjudicator, we received a letter from DCA called Red2Black which is based in the same office in Chester chasing for the outstanding amount. We have written to them to inform that while the account is in dispute we won't be paying them - and furthermore we will pass their letters on to the FOS as it is clearly an attempt to harrass my Mum & Dad in to either paying up or accepting possible lower damages (maybe even trying to get them to court so that the FOS has to throw out the case?). The question then is: Can they chase (and/or sell to a DCA) a debt that on an account that is clearly in dispute? Should I inform the FOS, OFT and others of this attempt to badger my parents? Thanks in advance.
  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 change of payment method until such point as I wrote to them requesting clarification. The previous DCA failed to make payments on time to them, which has incurred additional charges (as well as taking a small amount per transaction for themselves). Therefore, we believe that the alleged arrears is incorrect as the charges levied are incorrect ergo interest accrued is incorrectly calculated. The PPI was mis-sold to my brother-in-law due to his mental illness, and diabetes, as well as other reasons (not sold by a financially qualified person, as well as having adequate cover at work). [i don't know whether I can use this as a defence!] So, I have absolutely no idea how to form/write our defence - if you can give me any pointers or links to research this I would be very grateful. TIA Laitty
  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 marked as follows: EX1 - A true copy of the agreement referred to in the Particulars of Claim EX2 - A true copy of the Notice(s) of Default which were served upon the Defendent by 2nd class post. EX3 - A true copy of the Termination Notice which was serve upon the Defendent by 2ndclass post 5 - The order requested at the hearing is that shown in paragraphs A, B, and C of the Particulars of Claim. However, the Claimant will accept a return of goods order suspended upon payment of the outstanding balance set out in paragrah 3 of this statement, payable by not less that the contractual instalment of £170.80 plus a sufficient monthly contribution to clear the arrears. Iwould also request that the court award the Claimant the fixed costs of this action of £290. Some points that I've thought off: a) the Solicitors address is in Barnet, but this lady appears tocome from an office in Edinburgh - I take it that this is not a problem. b) As previously noted, we argue that the outstanding amount is incorrect. The DCA agency was intentionally holding payments back to incur a charge (plus taking 75p off each transaction). I'v asked my sister to prove this. Clearly, if the amount is in dispute then questions need to be asked. c) We have only just received the CCA as part of this piece of correspondence from them despite requests stretching back to October. Legally they cannot do any of this whilst the account is in dispute can they? d) My understanding is that they will go back to accepting monthly instalments with an additionl figure to cover the alleged arrears and the court costs which point C would suggest was taken out illegally anyway. My final point is that I was asked to look at this because my sister wants to reclaim the PPI on the car. It was taken out despite her husbands mental illness and diabetes as they were told they had to take it out or they wouldn't get the finance. They were not given any other options - and I believe he's work insurance would have covered any problem at the time anyway. If this goes to court, would we still be able to reclaim the PPI? I know there's a lot of info here, and if you could answer just one of the above points then that would be absolutely fantastic as I really, really appreciate the time and effort that you guys are putting in here. Regards & TIA Laitty
  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. However, the payment was delayed by Credit Style to Black Horse (so she tells me as I haven't actually seen this yet), which envoked a 'late-payment' fee on the account from Black Horse. CSL had said to not worry about the charges as they will be written off when the agreement is over - not surprising when they were the cause of the charges themselves! If there is proof that this is happening (and though I trust my sister I like to see everything in writing first) is there anything that can be done about this? Once again, I really appreciate your time on this matter.
  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 we did not get informed that they were now handling the account until well after the 23rd Nov (I think it was dated 9th December but do not have file to hand), it seems harsh to issue a default notice when we were not informed whom to pay any money too. Unfortunately though, despite my instructions, it seems she did not send these letters by registered post (probably because they could not afford too as they are having major financial problems). That CCA request went out on 23rd December, (again probably not registered), and the subsequent letter to the solicitors on date of the OP was sent Registered (at least, again, that was my instruction to them). On the upside, I have at least got rid of one debtor who had been collecting from them every month despite not having any paperwork!
  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 Registered post but no, no acknowledgement was received, and nothing from our other letters to them (except to the doorstep knocker who was told to make an appointment in future). The agreement started in 2005 I believe and in theory, only a year or so is left, but this will now increase due to amounts owed. Hope that helps a little bit more.
  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 taking the car off them naturally. My understanding of the situation, through what I've read on the website, is that they cannot do this, as, until the CCA is received, the debt is unenforceable? Can anyone confirm this or have I got it completely wrong? Any advice on the matter is greatly received. Laitty
  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 blow - particularly as the guy at the FOS clearly had only the available information. However, now the good news: The same guy phoned back early this afternoon. He had since spoken to Fredrikson's who had passe him on to their solicitors (who I would imagine were Bryan Carter!). They informed him that they had written off the remainder of the debt (some £3,500), and that the file had been closed, and also admitted they still could not locate the CCA & Deed of Assignment. As they had bought the debt, this means that no one else can start chasing for it - so a partial success against these people now. But now here''s the quandary: Do we continue with our FOS complaint, even though they've advised us we're unlikely to be succesful in re-claiming the monies previously paid to Fredrikson's which was the aim. Alternatively, as Fredrikson's don't have the paperwork required legally, would it be better to seek legal address in the Small Claim's Court instead? Or should we just say we've done well, let's accept how it has worked out and move forward. As always, opinions and advice are gratefully received, and I thank you all in advance for any offering you may give. Laitty
  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 refund all monies paid, plus 8% in addition to compensation to my parents (for the harrasement of them which included up to 3 calls a day!). I believe that they have acted illegally in demanding money from my parents that they were not entitled to - and as a result, I'm going to demand the money back. Also, that they return the credit rating to what it was before they started. I would be interested to hear whether people think I should contact any other Governing bodies such as Trading Standards, Data Protection etc etc. As always, any thoughts or advice are very, very gratefully received. TIA Laitty
  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 them, they have the file for record? Very strange business procedure. Anyway, the letter is equalling bemusing. Firstly, the state that we must give the business a chance to put things right - we have with a letter dated 22th July contained within the case file returned to us by FOS. We received a simple reply to this stating that the matter had been referred to the client - given that the documentation should have been on the premises there should be no reason to refer back to the client, and therefore, as they don't have that documentation, all monies should be returned to us. The next state that they have 8 weeks to reply from the date of the letter sent by the FOS to them outlining our complaint. Hang on a minute, we stated this complaint in May - more than 100 days ago.....why do we now have to wait another 8 weeks for them to respond with documentation that should have been easy to find! Then we have to wait for a 'final response': Well, I understand the principle, but if the company concerned don't want to send a 'final response' how do we proceed? They are playing for time. Why should we wait SIXTEEN (and more) weeks for our complaint to proceed? We haven't done anything wrong so why are we being penalised? In my opinion, we will NOT get a final response from them as they know that they can just keep playing for time. I should point out that Fredrikson, if we hadn't paid on time, would phone just about every day chasing payment, send letters a plenty and quickly pass the file to Bryan Carter and Co. However, since we started the complaint, they haven't contacted us in any way at all. Now, I know they shouldn't but all the same doesn't it suggest that they've washed their hands of the matter. I have to say I am very, very frustrated athe FOS. They are there to aid consumers in complaints against companies, not the other way around. I accept that they may find against us, and I have absolutely no problem with that but to delay the complaint by another weeks smacks of basically putting in to the bottom of the pile in the hopes that we will go away quietly. I can tell them now, that we will not. Has anyone else had any 'bad' problem with the FOS
  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 on to the next DCA that comes a-calling. My only question is what happens next really. If they refuse to pay, do I go straight to the Financial Ombundsman, or is there a next letter I should send? Anyway, here is the letter: I refer to my letter dated 8th June which was delivered to your offices on 9th June 2009 You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account. In my letter of the 8th June 2009 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time Fredrickson International Limited purchased this account, along with any other documents mentioned in the credit agreement. You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commits an offence. These time limits expired on 20th June 2009 and 8th July 2009 respectively.[/font] As you are no doubt aware, Section 78(6) states: If the creditor under an agreement fails to comply with subsection (1) - (a) He is not entitled, while the default continues, to enforce the agreement; and (b) If the default continues for one month he commits an offence. Therefore on 8th July 2009 this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to Fredrickson International Limited. I require the following action from Fredrickson International Limited:[/font] 1. All payments made to date to Fredrickson International Limited for this account should be refunded in full, including interest at the rate of 8% per annum. 2. Removal of all defaults entered by Fredrickson International Limited. Note this is to be a complete deletion and not merely an amendment. 3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years. 4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group. If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Fredrickson International Limited or any other company within the group to comply with the refund of all monies paid removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP. I look forward to your reply within 14 days to resolve the matter amicably.[/font]
  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 Fredrikson International and, amazingly, the outstanding amount in 2004 (I requested a statement from them) was for about the same amount as she took out the initial loan for in 1990. Over the last 5 years she has paid around £5,000 to leave a remaining balance of £3,500, and, as she was only paying £50 a month, will take another 70 months to pay. All told, that means a loan last in the region of 26 years!!! Not surprisingly, I thought that this perhaps wrong and decided to check. I wrote to Fredrikson (well, I wrote the letter, and my mother signed it), requesting a copy of the CCA which I'm fairly sure, given the time, that they won't hold a copy of. I also requested a complete statement of account from the date the loan commenced showing all interest payments, and any payments that we had made to any other DCA. This letter was sent registered on the 9th giving them 12 days - but today (the 11th) I have received a letter from them, dated the 9th, threatening me with legal action through their solicitors Bryan Carter & Co (see threads passum). So my questions: Firstly, I didn't think they could chase the debt legally whilst a request for the CCA was in place (and received!) by the DCA. Secondly, and given that the CCA might not be available, can we reclaim all previous payments from them - amounting to some £5k? Many, many thanks for any advice received. I am happy to use the FSA and CCA if required, but I like to get good advice from more than one source if possible! Laitty
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