Hi ims 1st Loan i no longer have details as over 4yrs and 8mths ago but i think PPI claim was about £600. 2nd loan yes, i think PPI claim was about £1465 Thanks

Hi dx100uk posted this link for me in an earlier post http://www.financial-ombudsman.org.u...notes/ppi.html Problem is reading the post i'm still not sure whether i can claim back my PPI or at the least the extra interest they added onto the loan I have had 2 loans, the 1st loan i claimed on and also when took out the 2nds loan that paid off the remaining 1st loan Now according to this link http://www.consumeractiongroup.co.uk/forum/showthread.php?61081-PPI-Some-Notes-for-Claimants..(1-Viewing)-nbsp I was not told: 1) 4- You were not told you could buy PPI elsewhere to cover the loan 2) 11 -Your PPI was an upfront premium and you repaid the loan early and received no refund 3) 3- You were not asked whether you had any other insurance which would cover the loan So 1st question is: 1) Can i reclaim full PPI back even though i make a claim on it. or 2) Can i claim back the interest they charged me. Loan 2 Same as above, make a claim on it when on sick so can i claim back PPI + interest 2nd loan was £10650 + PPI £2505 + interest = £16937 Any advice on this would be a help, cause even if i could claim back interest that would be about £1800 on both loans i think

HI ims21 I was not told that interest would be added to the ppi. Thanks

Hi Just a quick question which i hope soemone can answer. I took out PPI insurance and have used it when on the sick, but is the interest on a loan just on a loan or is the interest 'loan + ppi'. If loan + ppi, am i intitled to claim back the interest on the PPI, even though i have made a claim. Hope that makes sense Thanks

Re-writing

Some reason got duplicate

Hi Ford Default was 2 years ago and then terminated about 28 days later, seen off many DCA since then, but this one brought details and seem more stubborn. Still have my ace up the sleave, once i have finished messing then about, taking them through FOS at the moment, FOS not very fast so hopefully drag this out for another couple of month, when FOS back DCA as i have no trust in FOS backing the consumer, i'll then appeal and that should take another couple of month. After that should have some new ammo to slow then down. AWA

Hi Snippet from Woodchester v Swayne Although the terms where mentioned at 1st, most of the appeal revolved around the dn. I have read the transcript about 5 times and in my view, the appeal was successful because of the duff dn, get the amount wrong and you have no comebacks. I may be wrong, if i am i put my hands up, but that is how i read it. AWA

Hi One thing i have forgot to mention, looking closely at dn, its says "The outstanding payments are currently" then "due on 10/05/07" £500. Dn was dated 05/10/08 Agreement was signed on 19/04/07, so what they are saying is i owed £500 22 days(is) after signing contract, monthly payments not even that much. Wish i could upload, but quality is bad. AWA

Hi Ford Quality is that bad its very hard to read, i've wrote back to then asking for a copy that can be read + t&c's Regards AWA

Hi Peter I do not follow you on this, if in the case of Woodchester v Swayne & Co, Swayne won because Woodchester issued a duff DN and then terminated, it went to appeal in the supreme court of judicature in the court of appeal. How can a local court over rule that decision. Woodchester mucked up on amount of arrears so the dn was duff Regards AWA

Hi Rebel11 Thanks will do, getting ready for school run then off to work, so will read it later today. Thanks AWA

Hi Rebel11 No covering letter, no t&c's and nothing saying 'Reconstituted' Regards AWA

Hi Ford No my signature is ok, their signature has been falseified Thanks AWA

Hi Rebel11 Sorry for delay, internet connection went down for most of day. The agreement is OK, except i have copy signed at time loan taken out, now capquest have sent me agreement identical in everyway, except the agreement they have sent me has a totally different signature than the one i have, everything on the agreement they sent is hard to read except the signature and date signed. Could that be fraud??? I know that they can reform an agreement, but its has to be original copy, a new signature is not part of original agreement, is that right? Thanks AWA

Hi Just a quick bit of advice, sent DCA a CCA and SAR, they have replied to CCA and also told me they have sent SAR to solicitors, also if i need any further information i should contact the bank. My questions are this. 1) If DCA claim to have deed of assignment, why tell me to contact bank for further info, surely they should hold all info about account since they purchased it. 2) Is it normal to send SAR to solicitors, or are they hiding something and what to find out exactly what they should send. SAR requsted deed of assignment. 3) Can i put account into dispute, as credit agreement is barely readable and no t&c's sent. Any help on these 3 ponts would be appreciated. Thanks AWA

Hi Not very good at percentages, so was hoping someone can help with the following: Money Due: 579.00 Interest: 13.00 Charges: 15.00 Total: 712 If what i have read is correct, and a DN cannot include charges what is the differance in percent between 579 and 712, i know it £133 but i need to work out what that is as a percentage. Thanks AWA

Hi cerberusalert and pureangel Below is the reply i got back from OFT "We will take into account the further information you have helpfully given us as we continue to monitor this trader’s fitness to hold a credit licence. Thank you once again for taking the time to write to us about this matter." They should send you a consent form to fill in when you make a complaint. They where hounding me, so i hit back with everything i could OFT, FOS(a laugh), TS and IC, have not heard anything now for about 2 month, just waiting for next round then hitting them with CCA and SAR. AWA

Hi pureangel Report them to the OFT straight away, visit their website http://www.oft.gov.uk/contactus and then either email or phone, write etc. GoDebt must me at the top of their watch list as i have reported them and got a response within 20mins. The more people who report them, the better chance they could lose their credit licence. Regards

Hi Had another reply back from FOS, its seems they beleive that amex do not have to supply the terms and conditions to a credit agreement at the time of signing, but rather just post the t&c's with the card at a later date. They claim that they take into consideration 'the law, regulations, regulator rules etc, how can they do that if the CCA states that t&c's must be part of the original document? then tell me that sending the t&c's in the post is OK, and they do not need to be part of the original document(I've already proved that the t&c's where never part of the original document. Even through i have taken into account what the shadow and other have said, i do not agree with that and will appeal, any help with writing a good appeal would be helpful. I have added their reply below. And these are the t&c's they say they sent in the post, notice my name and address is missing, the t&c's are not signed by me or amex Thanks AWA

Hi Seems the FOS are completly biased towards the banks, i have received a reply back from them and was amased at their response. They seems to think that it OK for a credit card company NOT to supply the t&c's on an application form, but send them in the post with the card way back in 2001. Not sure what to reply back with when i appeal. I have uploaded a zip file with the reply and any help on dealing with the FOS will be appreciated. This is a separte issue against FOS and is why it is posted as a new thread Thanks AWA New folder.zip

Hi Sorry for delay, due to nature of job, not been able to reply till now. Hi the shadow I complained to FOS as Amex sent me a leaflet about who to complain too. Hi DD Believe it or not, FOS say that because i used the card, then i entered into an agreement with Amex, even through i showed then evidence that the document is not the original AWA

Hi Had a reply back from fos, and they claim that as i have been using the card for 9 years and never mentioned anything about the t&c's then the agreement is NOT unenforceable. So can anyone help with the letter below as i disagree with their finding and need to submit a reply quickly. -------------------------------------------- Dear [Name] Thank you for your letter dated [date], as per my previous email, please find my reply to your letter. American Express claim that the applications form that was completed in [year] is a true copy and contain the prescribed terms and conditions, i contest this on the grounds that as stated, i sent you their copies of the application form and terms and condition in my original complaint and i pointed out that American Express had copied the terms over the top of the received stamp, proving that the terms were not on the back of the application form. You stated that “In the event you had not completed the application or failed to receive the terms and conditions, it seems reasonable to suggest you would have raised this at the time” As i completed the application form at a motorway service station, at the time i was not aware that an application for credit was a valid credit agreement, and should contain terms and conditions. Also as pointed out earlier the terms were not on the application form and The House of Lords' Authority has made it clear that they must be "within the four corners" of the agreement. This means that "attached" by a pin or paper clip or staple wouldn't meet this criteria, and nor do terms and conditions in a separate leaflet. They must form part of the one document. American Express also claim that the card was sent in a card carrier containing the terms and condition, American Express also claim that the terms and condition sent where the original terms and conditions at the time, if that was correct, why does the photocopied terms on the application form contain a different APR rate than the ones they claim where sent in the post. Also the terms and conditions sent in the post do not have my name or address and have not been signed by myself or American Express. As pointed out in OFT Guidance on sections 77/78/79 of the Consumer Credit Act 1974 2.21 “The creditor or owner must ensure that it gives the terms and conditions applicable at the time the contract was executed. It was held in Carey v HSBC Bank plc 9 that, subject to spelling mistakes and similar discrepancies (described as 'low level omissions'), only those matters listed in regulation 3(2) could be omitted. The name and address at the time of execution must therefore be included, although, as Carey explains, that can be taken from any source available to the creditor or owner.10” My name and address is not on the terms and condition American Express claim where sent to me with the card. Regarding my signature, as stated earlier i completed the application form at a motorway service station, if i forgot to sign the form at the time, then American Express should have either posted a new form out, or torn the application form up. Back in 2001, sales reps trying get customer to sign up would more than likely have been paid a commission for every form that was completed; therefore there was nothing to stop them from easily signing the form when the mistake was realised, or at a later date getting my signature from another letter or PPI form and copying the signature across, as you are aware, both of these methods have been used by other companies in the past. Has American Express shown you the original application form or had the signature tested to ensure it is my signature. Therefore at the very least, this agreement must be ruled as unenforceable. ----------------------------------------- Thanks AWA

Removed html text below

Hi DD Thanks, will do that. AWA