Hi Alan

i believe you use their cash withdrawal rate (normally their highest rate) when calculating the interest taken as they are using your cash to enrich their pockets. I think they call it a reciprocal agreement.

AL

Hi Alan

I am also chasing Cap 1 for PPI which i did not ask for.

The Interest for 2002 is 18% and for 2003 16%

HTH.

AL.

PS Is there a name for the document that lists commissions payed for single, up front, lump sum payment for ppi.

Hi All

Right, have written to GE asking for my PPI + contractual interest back and they have said that they feel as they were not present at the time the loan was sold they are not responsible for PPI being added and i should get in touch with the Holiday company that sold me the loan. They added it is their final response. So i will write to the holiday company and ask the same questions. But i believe it is GE who are at fault as the loan supplier. Any Comments...

Hi all

sorry havent updated this been very busy.

Went to court early July and meet with Hampton/Lowels rep, i just listened he said we could sort this out before going in to the court and he explained how serious bankrupcy was and that he was going to push for the court to grant the SD. So with that i brought myself a coffee and waited to be called.

I met the judge (nice lady) and introduced myself and the guy from hamptons.

She understood i was a LIP and said that if i did not understand any of the proceedings to ask her to explain it laymans terms.

Hamptons kicked off saying i owe this much and had ignored all letters from Cap 1 and DCA's and they feel they have done all they can to get me to pay.

She asked for my side of the story i said i had been trying to get a copy of the original CCA and t&c's for almost 3 years to no avail just a copy of the application form, i showed her a copy as Hamptons bloke had no paperwork:grin:, she looked at the application form and said it did have a boxed section headed CCA 1974, but i pointed out that was so they could do credit checks ect. i also added there were no prescribed terms on the application form (the hamptons guy chipped in with 'I disagree, this is a executed agreement') to which i asked him to show me the rate of interest term, the credit limit term and my discharge of obligations term, to which he looked quite glum:(. The judge did point out that the form did have Application Form written quite clearly in big letters and said it was obviously not a regulated agreement just an application form.

I then pointed out there were unlawful charges on the account and that the PPI box had been quite clearly ticked NO (and i was in a job where if i was sick/disabled/or died i was covered by my employer)yet they had continually taken payments for it. I handed the Judge a spreadsheet listing all the payments for ppi and interest added by Cap 1 (totals nearly £2000 with contractual interest added) she studied it for a minute or so and then looked up at the guy from hampots and said 'I find the use of SD's in cases such as these an Abuse of Process and she told the guy to relay her message back to hamptons/lowells as soon as we had left the court.

She then asked me what i wanted from Cap 1, i said i would ask for disclosure of the Original Agreement, Default notice, Deed of assignment, and written proof that i asked for PPI.

So she made an order to that effect (they have 42 days from 4th June to get the documents back to the court) then its back to court in September.

I asked for cost but i think she said she had reserved them till next time.

Anyway thanked her and got up to leave but she asked guy from hampots/lowells to remain.

So am now looking forward to September.

:grin:

AL

Hi Pompy sorry to hear you have had a stay in hospital.I hope you are making a good recovery and are feeling better.

Tell the wife easy on the oily fish you never know what might happen:D

http://media.funlol.com/content/img/penguin-slap.gif

Hi Nick

Thanks for that i will delete para 9.

Yes i did pilfer the original from yourself i believe i hope you dont mind.

As you say i have probably got a fight on my hands but with help from people like yourself and 42man to name but a few, on this forum and some swatting up i going to try my best to achieve a positive outcome.

Once again thanks

AL

I have deleted para 8 as that is the para about the hand of the assignor.

Ok have amended set aside i think the numbering is ok just not sure if last few paras are right. elbow me if they need changing please

http://i684.photobucket.com/albums/vv205/bernardlivesley/sc00004691.jpg?t=1238498385

http://i684.photobucket.com/albums/vv205/bernardlivesley/sc0000680a.jpg?t=1238498438

Thanks AL

Good Luck you deserve some:D

Hi Est

Sorry to see you have really been through it this bunch of monkeys.

I wonder who works out their charges (Paul Daniel's probably, just pulls a number out of a hat) There must be a way of getting them to show a breakdown of their charges.(Have you sent a SAR to them yet). If the letters are coming from a solicitor how about a phone call to the Law Society or whoever it is who regulates solicitors and explain to them that you feel their fees are excessive and they will not give you a breakdown of the fees which you feel is unreasonable.

I would still send them a SAR requesting all data they hold on you it would cost £10(not that you need the extra expense at the moment) but it should list their fees and if they still dont comply then its off to court.

AL

Ok thanks for that 42man have added it to my set aside and will post it up later to check its ok:grin:

Also if the DN is defective can i ask that any defaults registered to CRAs be deleted

Thanks Nick i have already had a few reads of it sometimes i end up smiling other times my head hurts :confused:but i get the gist of it.

silly me forgot to add this

http://i684.photobucket.com/albums/vv205/bernardlivesley/sc000cb7a9.jpg?t=1238417318

http://i684.photobucket.com/albums/vv205/bernardlivesley/sc000cdac9.jpg?t=1238417355

Hi all

right have composed my set aside could you have a look over it and comment please.

the basis is

1. no agreement/account number

2 i dispute the debt

3 the account has penalty charges therefore the default notice is incorrect

4 the default notice is fatally flawed in not giving 14 days to remedy

5 no statements supplied showing how the debt is made up

6 no deed or notice of assignment

Ta

Hi,

 

Just a quick query. Is that your real name on the photobucket file?

 

If so I would change it sharpish

 

GKTP

NO, im in disguise8-)

but thanks anyway :grin:

Hi all

I have been served a SD from connaught re a goldfish card i know there are penalty charges on the card and i have sent off a SAR to barclays.

While raking through some old goldfish statements i found this

sc00029f01.jpg picture by bernardlivesley - Photobucket

sc00026cbb.jpg picture by bernardlivesley - Photobucket

Am i right in thinking that they have to give you 14 clear days (plus 2 days delivery)to pay the arrears and not as they have done only giving me 14 days from the date of the letter.

And can i put this in my set aside that the default notice is fatally flawed.

Also in their intended action paragraph to reclaim the total balance are they not supposed to include the total amount in pounds shillings and pence .

If someone could point me in the direction of CCA relating to the form and content of default notices i would be very grateful.

Thanks

AL

Hi all

Ok have revised above post and devised this one

Letter sent today special delivery regarding GE's lack of common sense.

sc0004f735-1.jpg picture by bernardlivesley - Photobucket

ge2-1.jpg picture by bernardlivesley - Photobucket

Also added a checklist just to help them:D

Poor little darlings.

AL

Good Luck. Keep us informed ;-)

I would like to know that also,as i never ticked the box but Crap 1 took it for 6 years. one way or another i will get back.

AL

Pictures by est1234_2009 - Photobucket can you guys please review on this link Draft CAG 6.5 and let me have your comments.

Thanks Guys

Have you managed to mention and include a copy of their contract in your affidavit. Because there is no mention of additional charges apart form the 8%.

Also could someone take a look and see if I am putting the right Names and addresses in the right places. On Draft CAG 6.4 found on Pictures by est1234_2009 - Photobucket Thanks once again

(a) Your name

Attend before.... leave blank

(b) your name

©The date you you file you set aside

(d) The claimants Name and address

(e) your name and address

Well add that to your exhibit list for Affidavit.

There are no charges listed on their so called contract just a figure for the work to be carried out and something about 8% interest if you fail to pay on time.

AL

Hi all

Ok GE have sent some not all Data so have written them a letterif anyone would like to add any comments to please feel free.

Re DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST

Dear Ms Blundell,

Thank you for the data you have so far supplied.

Unfortunately there does appear to be some information missing.

1.Full copies of all contracts, which relate myself, and your organization. Including true copies of any documents you hold in support of the same.

2.Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains any personal or financial information which pertains to me. IE. Payment Protection Insurance and Credit Reference Agencies.

3.You have included a description of Standard Abbreviations Thank You. I would ask you to forward either your Special or Non Standard Abbreviation List, which includes descriptions of abbreviations such as, MVC, ACD, RDR to list but a few.

4.Could you also explain this statement.

’Information not held within a relevant filing system has not been provided under this Subject Access Request’. It goes on to say, ‘There maybe additional accounts with us that relate to your client. If you require information regarding these accounts or if there is any other information, which you may think we hold please write to us with the following to assist us in locating it:

The relevant reference number

A brief description of the document

The date of the document (if you have this)

We may be in a better position to disclose this information to you’.

May I ask how would you find any Data on myself unless it is contained in a relevant filing system.

5.As you are aware it is your responsibility to ensure my Data is kept secure at all times . Although sent by Special Delivery the totally inappropriate envelope the Data was contained in was damaged in transit and had to be re- packaged by Royal Mail. I find this totally inexcusable and I will be writing to the Information Commissioner to inform them of this.

You have until March the 30th to fulfil my request

Thanks AL

The defence is due by the 16th Feb...

thanks again

Lets hope that the defense is due by 16th March:eek:

Hi Est

Yes Go with

Defendant feels the charges are unreasonable

The claimant has not supplied a breakdown of said charges

There is nothing in the contract which shows the true cost of any penalties

The Claimant has acted unreasonably in trying to resolve the matter.