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xboxer

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Everything posted by xboxer

  1. Just think of it as an unplanned savings account with 8% interest! It becomes fun working it out
  2. Hi Ali, if you give me shout when you have all your info I'll be able to tweak my spreadsheet to hopefully help you out. If you click on the link on post #25 that will take you to the spreadsheet and should give you some insight to working out consolidated loans. Also read Example 8 (page 119) in the FSA pdf in the stickies http://www.consumeractiongroup.co.uk/forum/showthread.php?305682-FSA-Handbook
  3. Morning all, As I'm currently making 3 PPI claims against BH just thought I would give some advice on how I found them. BH archive completed agreements after 5 years with supposedly the only way to retrieve them is by the agreement number. Now if you had that information you would probably have the agreement so wouldn't need to SAR. Personally I have found BH one of the worst companies for fulfilling a SAR. If you have consolidated your loan AND have your current agreement then you will see referenced on it the OLD loan number, usually in the top left hand corner. Give them a ring and quote the OLD agreement number and as they will have a copy of your CCA then they will be able to give you ALL your loan details (Loan amount, PPI, % and Loan length).This should also give you the agreement number of any OTHER consolidated loans. So rinse and repeat for those details! I have used this technique to get details for loans going back to 1997 when they were Chartered Trust. It should be noted that IF you ask them they will send you the transactional history of your agreement free of charge and sometimes include a copy of the CCA. No need to SAR and usually takes about 5 days. Hope this helps!
  4. Haven't credit card companies always claimed that the PPI element was always paid first? One of the few occassions that it's win win for the consumer
  5. Thnks dx, Would I be right in thinking that the OC will have to pay me as they sold the debt on and crapbot will just have to whistle?
  6. Morning all, 8-) I've been away for awhile, MAJOR house renovations going on, but want to now chase up on a couple of more possible PPI reclaims. Just wondering what the general consensus is with regards to claiming on a statute barred debt? Crapbot kindly reminded me about an old Associates credit card from sometime round the turn of the century. I remember it being the standard leaflet application form and pretty sure I ended up paying not only PPI but the lost card/keys protection scheme thing as well, I remember being sent some keyrings with a number to phone on them. Thanks in advance
  7. Slightly different scenario, the OC issued 4 defaults, every one was wrong. They then terminated and got CCJ & Charging Order for the outstanding balance.. This was paid in full when my house was sold in 2006.. After SARing the OC a couple of months ago I have been made aware of a dodgy default.. So since they have terminated and enforced on a dodgy DN and got paid the outstanding balance, can/should I challenge that it should of only been the arrears they were entitled to?. The OC is Blackhorse BTW.
  8. Ok thanks for the info and help so far. I've had a read through both and think I understand it. As stated the creditor can now issue as many DN's as they want until they finally get it right BUT can not enforce the debt without a valid DN. Well in my case they did. If I was to state to BH that they terminated the agreement with a faulty DN, BH can retrospectively quote the Brandon Judgement. But as they have enforced the debt on a faulty DN then it is a whole different ball game? Is it the fact of the arrears amount not being correct making the DN faulty? Without wanting to be devils advocate on myself, could BH argue that the arrears amount was correct due to when the DN was issued that month's payment was only late and technically not in arrears? I am hoping this is not the case. If it is definitely a case of enforcement from a faulty DN what kind of redress should I be looking for? I apologise for all the questions but want to be sure in my own mind on what grounds in arguing on. I am currently challenging them over the wrong satisfaction date of the CCJ, PPI and penalty charges on this account and would love to hit them with something else.
  9. Ok, I'm not too sure how best to proceed then? I didn't receive a Termination Notice and BH filed for court proceedings in Nov 2005 for around £5000, won, got charging order and got paid full amount in March 2006.
  10. Hi Shadow, Are you saying that this argument is currently a lost cause? All FOUR of the defaults fall short on the days to rectify. Default 2 was dated on Saturday 14th May 2005, Default 3 didn't take in consideration the May Bank Holiday & Default 4 was a day short as well. Also the arrears they were asking for equates to March & April's payments, at the time of the letters date I was also owing May's payment so would of STILL been in breach of my agreement.
  11. Morning all, I stumbled across this thread yesterday and have a feeling in may apply to me. My thread is here http://www.consumeractiongroup.co.uk/forum/showthread.php?308246-Black-Horse-defaults-and-more.. After sorting through my SAR this is the FIRST default notice I was sent.. . I am aware that before 2006 the time limit was 7 days, so as the letter is dated 12th May 2005 (Thursday) and assuming the letter was sent First Class, Monday 16th would be the Service date.. So 7 clear days from then would mean that the date of action should be 24th May NOT 23rd May as stated.. That of course is allowing that it was sent First Class but in all likelihood it would have been Second Class.. The arrears total is right.. Is this enough to make it a dodgy default?. It also states that;. If you do not pay the arrears by that date this notice is to be treated as our demand for payment of the balance.. Would that be classed as my termination notice as I took no action?. I was then sent another 3 defaults, all in the same format giving 11 days from the date of the letter BUT I take it they would be invalid as the first default is the one to go by?
  12. Update, Now had the confirmation letter for loan 2 being reviewed.
  13. Hi uncleb, Thanks for your help so far, I wasn't posting just to have a gripe, I honestly didn't know what could and couldn't be done. Looks like the best bet will be to contact the bank and see what happens from there. I have also sent the prove it letter to mucky today, so let's see what that brings.
  14. In that case my main account would of been empty about mid September time. If as you say they can roll the two accounts into one debt, I would be asking some serious questions about why they didn't take any monies owing on the second account whilst my main account was still in credit. The second account from what I see stopped paying direct debts around march time but in may of that year I had my redundancy payment of over £20,000, so they should of used some of that to pay account 2. To have the view they are separate accounts until they want to sell the debt on stinks of double standards and in my opinion is a highly dubious practice. But it is the banks we are talking about!
  15. Hi unclebulgaria, I pretty confident on the dates, YB had closed my main account by the end of Oct 05, so in theory I only have 4 months ish to go. At the beginning of November they will get the SB letter! It's more a case of the legal ability/stance of combining 2 bank account (both had different accounts numbers) into one debt.
  16. Update time. I decided to wait and see if Mucky would make contact. I finally received a letter from Mucky that was ignored. It was a standard you owe us X amount. I have now received a Meritforce possible doorstep collection visit letter. Now as luck would have it we are having a new front door fitted in a couple of weeks, so if they are willing to wait they will actually be able to collect a doorstep for once! But in all seriousness I will send the No Visits letter. I have been thinking about this alleged debt and think that either the lewis group or YB have combined the two bank accounts to make one debt, if that is the case where to I stand with that? My second account, which in most likelihood makes up most of this debt, stopped having money deposited and withdrawn from it sometime in February/March 2005. So that would at least make some off the alleged debt SB. Any thoughts?
  17. Ok just got home to find a letter from bh. Fob off letter as it turns out. Stating; We have noted your comments and have updated our files accordingly. You fell in to arrears that resulted in late payment interest and charges as per T&Cs. We have reviewed your agreement and are satisfied the charges were applied in accordance with the terms of the agreement. Unfortunately your claim for a refund has been rejected as we believe the charges reflect the payment history of the agreement. I hope this will resolve your complaint. However if you are unhappy with our response, please tell us why and what you would like us to do to put it right. If you are still unhappy after completing the company's procedure,you may refer to the FOS and we will tell you how to do this. Then its the blurb about 8 weeks to complain. Right so first off to I now send the lba? They haven't answered; 1. why they sent 4 defaults. 2. Why they waited 5 months to send the 4 default before taking action, finally taking me to court after 9 months of missed payments. 3. The ccj satisfaction date being wrong and what they are going to do about it. 4. The default date on my crf being wrong and what they are going to do about. Any ideas?
  18. Unfortunately sillygirl I made payments in 2010 before discovering CAG, so not SB. But I am disputing the interest as they have failed to supply a copy of the original NOA and proof of delivery.
  19. thanks ims, I thought it probably would was just seeking confirmation
  20. Well just a response from the crapbot numpties!! I mean just how thick are these people?? I emailed them regarding the NOA again asking them what act or guidelines makes them believe a reprsentation NOA is a legally binding document? Also pointed out the above points regarding NOA and LOP Act 1925 and asked for a proof of delivery and a copy of the original NOA and pointed out the OFT guidelines on debt collection they were breaking. Below is there response; Our response to your correspondence I refer to your e-mail, which was received on xxth June 2011. I note your reference to the Office of Fair Trading (“OFT”) Debt Collection Guidelines, in particular section 2.8 (i), (k) and section 2.2 (b). 2.8i. failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued. Please be advised your complaint and concerns were investigated. Subsequently a final response was sent to you on xxth March 2011.(No I have asked for proof as in the original NOA) k. not ceasing collection activity whist investigating a reasonably queried or disputed debt. I can confirm your account was placed on hold whilst your complaint was investigated and was kept on hold for an additional 14 days after our final response was sent you, in order for you to contact us to arrange the repayment of your account.(Er it's STILL disputed) 2.2b. leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors’ lack of knowledge. At no time have we left out any information in the manner stipulated above.(No BUT you have PRESENTED information that is false) You state Cabot cannot apply interest, as we do not hold an exact copy of your original Notice of Assignment (“NOA”). However, there is no Act and/or Guideline that require Cabot to hold a copy of the same or prove its delivery. Furthermore, the interest applied to your account is in accordance with your original terms and conditions, which you agreed to when opening your credit card. This interest was applied to your account due to non payment between December 2005 and January 2010. (Law of Property Act 1925?) I must inform you that our position still remains as re-iterated in previous correspondence. Your account has been returned to our Collections department. Should you remain dissatisfied, I recommend you refer your concerns to the Financial Ombudsman Service. Please refer to their leaflet attached with our e-mail sent on xxth March 2011.(Damn right I will now) I trust we have set our position clearly. If you have any further queries in relation to the above account, please do not hesitate to contact me on 0845 026 0463. The Customer Assurance department is open from 9am to 5pm Monday to Friday. I guess the old saying about paying peanuts and getting monkeys applies here!
  21. Ok SAR ready to be sent but wanted to check something first. As BC only need to send statements for the last 6 years will a transactional history (that will hopefully come with the SAR) show the older PPI/charges applied to the account? I realise it's probably an obvious answer but as this is my CC SAR I'm not sure what is included?!?
  22. morning all, I've now had confirmation that claims for loans 1 & 3 are being reviewed. Standard letters saying they will try and resolve the problem in 5 days or advise a time frame if they can't, so more letters in 5 days then.
  23. Morning all, It's been a while since I last posted on this thread. Having now got my SOC and claims in against BlackHorse for PPI & charges Prudential is now my next intended target So a couple of questions; 1 What is the up to date address for sending a SAR? 2 I remember hearing about the endowment mortgage mis-selling years ago but did anyone ever challenge PEP/ISA mortgages? Thanks as always in advance.
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