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Everything posted by PaulS43

  1. I have continually asked for colour photocopies of the agreement so that we can all have a view on who may have ticked the PPI-yes-please box. I've told all of them that I wish to examine this and if the colour of the ink of my signature is different from the colour of the ink that box was ticked in, I might make a complaint to the police about fraud if it were ticked in a different colour. Of course, a black inked signature and a black tick (for example) doesn't prove they didn't tick it either - but when I lost my job in 2006 and rang to tell them with my world falling around me, AMAZING how no one mentioned they'd been taking PPI and I might be able to claim. Also astounding how they just gave me all the PPI money back to me as soon as I began asking about the PPI problem. And although I have had lots of monochrome (black toner or white paper) copies of my agreement, no one has been apparently able to find a colour photocopier. These are not smudged, poor quality photocopies. They may have come from microfiche but I'm not so sure (but if that is true - they don't have the original) OR someone doesn't want me to see a tick in a different coloured ink. I agree, BTW, I need to save the steam and get educated some more. Just so you all know, I paid what I agreed, week in - week out WITHOUT FAIL (not monthly, weekly) for more than 6 years without a break. I can produce bank statements to prove the veracity of the above. I can produce a colour scan of the cheque / letter of the PPI refund of the above, I can produce their own system's references on 3 pages of the subject access request I was sent in 2013 by MBNA after Idem told me that no such offer was ever made to me. Nothing to hide? Who ticked the PPI box and entered me into a contract for insurance where I was never offered the benefit of any protection it might have offered? Where is the colour copy of the agreement???? I have 4 or 5 black & white ones. Curious how me saying Let's go to court and we can examine this in front of the judge along with how and when the debt was assigned and assigned again and what obligations are apportioned to whom has brought up "no documentation"... I am not the only bloke this sort of thing has happened to, am I?
  2. Were / Are MBNA allowed to 'default' the account in December 2013 AFTER they'd assigned it, supposedly 'lock,stock & barrel' in the autumn of 2012. Surely they'd have given up the right to be able to do this once they'd ("assigned") sold the debt on Or did they only say that they did but didn't / couldn't. And the rule is onlt MBNA could add this notice??
  3. I've just had a look at Noddle which gives the date of default as 13/11/13 - so irrespective of what I say or so I'm lumbered with it until December 2019?? And then like the tracks on a tank it will just roll off the end and disappear? 10+12+11 months from now and nothing I can do about it - except add the counter statement that the CRAs likely won't publish anyway? Risible. But let's look at it another way - while they're effectively stopping me from getting credit somewhere else, they're doing me a favour. I am not stupid enough to want or need a pay-day loan @ 800%+ in interest. FWIW, I put aside 17½% of every single pound I earn and save it in a pot. I haven't paid interest on any debt since around 2010 because I can now manage my affairs properly. And FWIW, when I had that financial meltdown in 2006 and approached all my creditors and made arrangements, some behaved in the way I'd been taught - but it has to be said 35 phone calls a week from HBOS, being told to borrow money from my family, being told by some creditors that they were more entitled and should be paid more or preferably to others, being told NOT to pay the insurance premium on the car which was getting me to work but to give that £200 to them one month!!!! Grade A bags are the vast majority of them. I was offered a deal when I was in trouble and had done the right thing which I kept to - but after MBNA "sold the debt" to IDEM and IDEM refused to honour what had been agreed to, they told me that they could not be bound by previous agreements I'd reached with MBNA - so I stopped paying BECAUSE THEY WOULD NOT HONOUR THEIR OBLIGATIONS UNDER THE ASSIGNMENT THEY STATED THEY HAD..... AND THEN THEY SAID THAT I'M NOT ALLOWED TO SEE IT !!!! And I'm defamed in a public forum with no right to redress or complain about it ??????? Spiteful unprofessional - we are only where we are because they think that only plebs like me have to honour agreements and follow rules as laid down in law - it obviously doesn't apply to them, does it? More lies on lies upon lies. If I didn't want to move home, I wouldn't give two monkeys what they were to write about me but I think that I am being disproportionately punished for A their own failure to honour what was said to me about settling this way back in 2006 AND in light of that 'oversight' on their part, failing to actually do things according to the law and / or keep proper records!!!!! I am steaming angry! I really did want to ask in court (pre-empting a loss on my part or not) what makes them think that giving back all the PPI premiums they'd helped themselves to without my signature on my credit card account after compounding the above with keeping very quiet and not inviting any claims when I did have financial difficulty and couldn't pay absolves them from fraud, perhaps??? Some game that, "we'll just help ourselves to PPI on top too".... "Oh ****, we'll just give the money back then". I really am angry. REALLY. Integrity in the banking industry? Risible. Risible.
  4. I still need tips on how I can force Arrow Global to take down the default notice. If they were to take me to court, the action would fail and as such it would HAVE TO be removed - as it stands, this is like a score draw. Sure, I don't have to pay what's outstanding but I get punished as though I am entirely guilty - which I would vehemently protest I'm not, BTW. Had IDEM honoured the agreement I reached with MBNA back in 2006, I'd have paid the agreed short settlement in 2013 rather than nothing at all.... Any suggestions? Anyone? Edited to add: I don't care what they bucket shop sold it for - and they could produce a photocopy of the document and redact those numbers.. . I want to know exactly what rights and obligations they sold to IDEM and in turn exactly what rights and obligations were sold to Arrow Global - only the DEED of assignment contains those details - and from what I've read, I would assert I have a right to know. Nothing to fear, nothing to hide ? Produce the deed. I did say I would ask for the document at court (if it got there) - Shoosmiths did after all refer to it and stated that it exists. .. They certainly didn't want me to see it though. The long and short of all of it is that the money lending brigade (I mean the entire industry) and their cronies are generally corrupt. They lie, subvert, cheat for greed. They will say anything for a few quid. I am terribly disappointed in them and their antics.
  5. The right to see the DEED of assignment listing what part(s) of any agreement has been transferred is covered by the Pelias case: Lord Denning states in the Pelias Construction Case (Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824) where he said the debtor is entitled to "view the sale agreement to ensure that the assignee can give him good discharge under the contract." Reciprocally, the OBLIGATIONS under a contract MAY also be assigned - which is another reason why the other party (in my case with MBNA that would be ME) is entitled to see who is responsible for honouring any claims from Payment Protection Insurance - all of this is or shall I say should be covered by the DEED of assignment. A notice of assignment is just to say a DEED has been created - think of it like the announcement that Miss Smith has married Mr Jones at the local church - that is the NOTICE of the marriage - but the thing that indeed PROVES Mr & Mrs Jones are indeed married is that marriage certificate and NOT the cutting from the newspaper. ... Or are you going to tell me that when Mr Jones pops his clogs 45 years down the line, his insurance company are going to pay out when she presents the newspaper cutting ???????
  6. Any tips on how I can force Arrow Global to take down the default notice??
  7. I am at work so can't answer fully until later when IDEM said that they don't have to honour previous agreements, I asked about the PPI - they said that this was nothing to do with them and referred me back to MBNA... . MBNA gave me all my PPI premiums back at the end of 2013 themselves - around 18 months after they'd "assigned the agreement, lock stock & barrel" - I asked to see the DEED of assignment. Nothing happened - then they sold it on. The more I've read on these forums, the more I realise that they did not comply with the law so many times. Shoosmiths referred to the Deed by name but said I wasn't entitled to see it (before I quoted the Pelias case)... then it goes quiet, then they decline. We all know that there was never a wet inked signed by 2 members of MBNA's along with another wet inked signed by 2 members of IDEM's boards' DEEDS of assignments. If this was sold lock, stock and barrel, MBNA would not have had to deal with the PPI claim, IDEM would - they also unequivically have to deal with honouring the 40% offer made to me in 2006, would they not?
  8. No. I came to an arrangement in 2006 with MBNA in which MBNA said that at any point in the future, I would be able to settle for 40% of the by then outstanding balance (eg at the 'settlement point' - 4 grand outstanding would be 16 hundred, 3 grand would mean settled for 12 hundred, 2 grand left would mean settled for 800). When the 40% figure came within striking distance, IDEM told me that they wouldn't have to honour that - so I stopped paying in May 2013 - they defaulted it in December 2013. Interesting may be that I never cancelled my standing order to MBNA and continued to pay them (MBNA) until May 13. I have never directly paid IDEM a penny.
  9. The default was added by IDEM servicing in December 2013. Edited to add that when I received another NOTICE of assignment from IDEM to Arrow, the default disappeared for 2 months (Jan and Feb last year); then it came back as showing money owed to Arrow.
  10. I'm pretty sure this can be done using the law / courts if necessary - my problem is that I don't know what laws to cite and I don't have the funds to go and see a specialist solicitor.... The story in brief: I had a credit card with MBNA. MBNA (improperly [i believe]) assigned the debt to IDEM in 2012. IDEM and I fell out in 2013 - I stopped paying. We went through the tos and fros of asking them to provide paperwork. They couldn't - they defaulted the debt in December 2013 and (improperly [i believe]) assigned the debt on to Arrow Global at the end of 2015. Arrow Global appointed Shoosmiths solicitors to pester me ... cutting a lot of crap out, I asked for sight of the (last) DEED of assignment citing the Pelias Construction case and Lord Denning's words about an alleged debtor having proof that the person demanding payment has the right to do so and that any payment on his (the debtor's) part would extricate himself from being in debt... About a month ago, they (Shoosmiths) wrote back to me to tell me that they cannot provide any documentation at this point and will be discontinuing all collection activity forthwith. I have since called Shoosmiths to ask whether their client is going to remove the default notice from my CRA file as they know they can't enforce the debt (don't have the paperwork). Cutting to the quick I was told that they believe I owe them the money but just can't prove it and as a result they feel they "have the right to protect other lenders from me".... Clearly leaving default notices littered over my CRA file is very unfair. I feel like I am facing the consequences (at least in part) and treated as though guilty. Arrow Global are not a court - nor are Shoosmiths. If they cannot or will not proceed to court as I have been threatened so often where the question of who owes what to whom could have been addressed and properly adjudicated, HOW DO I GO ABOUT INSISTING THEY REMOVE THE DEFAULT NOTICE? What law(s) can I cite in any letter demanding this be removed / suppressed until proof does come to hand and / or who do I write to in their place and / or how do I get a court order for its removal and if I set about taking them to court, does the onus of "proof" then fall back on me? Any help would be appreciated. FWIW I know that this will have to fall off the end anyway in a couple of years or so - but in the meanwhile, we'd like to move house and having this mark there is preventing us from being able to effectively transfer our mortgage.
  11. The registered keeper is not necessarily the legal owner of the vehicle. The keeper is responsible for tax and insurance of the vehicle - but that doesn't mean it is his property to sell or have seized, does it? And not that I am facing anything like this at all, my wife paid £800 for the L reg car (now 23 years old) I drive back in November 2006. She paid by cheque. She cannot "prove" she paid for the vehicle nor can I, but it doesn't mean that I as the keeper own it or could have it siezed, does it?
  12. Hi Spamhead, Thank you for your post - really helpful and it seems to fit in with what I remember from 2010 when this first went to sleep. Right now I am in the throes of moving home (some time next week). I have found a couple of letters from 2010 and indeed one recently telling me that the PPI is nothing to do with Arrow so I still owe them the money, yada, yada, yada - so the bit on those threads about the OBLIGATIONS as well as the rights from any assignment comes in to this .... Trouble is, all the letters are now in a box ready for me to move home. There are 48 weeks before this thing would become statute barred. Should I write back to Arrow to tell them I am moving and where to or leave this be to see whether they continue to pursue me? Can anyone advise? And I will post the letters (meaning scan and paste here (redacted in places of course) - probably in around 4 weeks' time once our move is over and we get ourselves unboxed.
  13. Hi, I had an Egg loan way back in 2004 for £10k. Egg added £1,750 to the loan for PPI making the total I signed for £11,750. Cutting a long story short I ran into financuial trouble in 2008 but made an arrangement to pay reduced amounts (actually ignorant of the existance of the PPI - I'd forgotten I had it - and Egg conveniently forgot to remind me.... but no matter). However, when I became aware in 2010, I started asking difficult questions eventually culminating in Direct Legal & Collections writing to say to stop paying. The total remaining debt (including the PPI premium) was then just under £1,650 (ie around £100 less than the PPI) I haven't paid anything since 2010 (at the point of writing all of this would become statute barred anyway in 53 weeks' time). I have received a letter from Arrow Global who say I owe £1,650 and they want the money, etc, etc, etc. I am pretty sure from what I read way back in 2010 that where someone like me borrows a sum of money (in this case £10,000) and then another amount of money for an associated financial product (in this case, the PPI for - £1750) then they need 2 separate credit agreements; one for the ten grand, the other for the PPI. The thing is, I can't find the references to the legislation. For clarity, I signed just 1 agreement for a total of £11,750 but that mentions incorporating PPI in the total. Can someone (should I be right in recalling this, of course) please explain for me what piece(s) of legislation support me in my belief that this is unenforceable. ie that I should have had 2 agreements - one for £10,000 and the other for £1,750. I want them for my own peace of mind and to perhaps put in a letter telling Arrow Global to go away outlining why. Thanks for any help anyone can offer
  14. Hi there, Can anyone give me an idea how Barclays Bansk SHOULD calculate then apply interest on a home improvement loan with an APR of 26.7%? Should they calculate interest daily which is compounded after having taken off any payments or do they do this calculation monthly. The reason why I ask is it appears that Barclays have lost AT LEAST TWENTY weekly payments from a home improvemements loan where we were supposed to be able to over-pay - and although they have 'found' the lost payments, they have tagged them to the end of the statement and allowed just £27 in overcharged interest. I would like to do a spreadsheet of what SHOULD have happened had they not misplaced the overpayments to make sure that they are not shafting us. But the thing is, on asking them how they calculate the interest, they just won't say !!!!!!! Anyone??? Help, please
  15. Hello everyone, If I've put this in the wrong place, please can one of the mods move it to the right place and accept my apologies.... Back in July, Mrs S43 invited a double glazing rep around to the house in order to have the remaining few windows we still have single glazed replaced with double glazing - we had used the same company twice before, first for the upstairs, then the patio door and rear lower windows and this time we wanted a couple of lower fronts and the 2 external doors (front & side). At points in the past, she had been offered and used a Barclays 'home improvements' loan to finance the windows. Mrs S43 has had the agreements singularly as I have a less than perfect credit score (though I have matched her Direct Debit payments with Standing Order ones of my own to bring the balance down quickly and save on interest costs). So this time, the rep turns up, measures up, gives Mrs S43 a price - she and I confer & agree - then she signs up.... As before, with Barclays filling in the paperwork for a home improvement loan. They wanted £60 as a deposit with the balance (around £2 grand) to be financed on Barclays. These figures were written in to the "consumer credit agreement" she signed. I paid the £60 with a credit card on the phone to the window company's offices - and everything seemed just like before. We were told by the rep that if *WE* were to cancel after the surveyor come out, we would lose our deposit - we were happy with this because we wanted (and still actually want) the windows.... About a week later, sure enough, the surveyor came out to accurately measure the windows and confirm the deal - he gave us an installation date of 10 August so that was that - or so we thought. 3 days after the surveyor had been here, Mrs S43 got a letter from the window company to say that she had failed Barclays credit scoring and did we have any other way of paying? To the point, we don't have £2 grand stuffed down the back of the sofa - because @ 29.9% APR, if we'd had the money in the first place, we'd have not put in for a loan !!!!!!! But that's neither here nor there - without finance from somewhere, we do not have the means to proceed. Clearly - if we'd known before the surveyor came that we couldn't proceed (ie if they'd told us we'd "failed finance"), we would not have had the surveyor come out in the first place !!!! On discussion with me (Mrs S43 being at work), the window company were all lovey-dovey asking "Do I have alternate ways of paying?" But on my explanation that we don't so can't proceed (ie to have to cancel because of lack of funding), I got the "data protection" crap about can't talk to me without the customer present (strange how they could when they didn't know that I may or may not have been able to pay alternatively!!). But on Mrs S43 being here, we've been told that we can't have our money (MY money) back because we cancelled after the surveyor had come out!!! Clearly not having recently escaped from the asylum, had we known that Mrs S43 would not get credit for the windows, we would not have ordered them / solicited credit to acquire them / had a surveyor come to see us !!!!! It is my view that the window company should have waited to see whether Barclays would advance the money before sending the surveyor anyway but in any case, I paid then £60 as part of a credit agreement for said windows - as I understand it, the law says somewhere that we must be given our money back if we don't get the credit but can someone tell me what part of the law to quote and to whom we should complain in writing? The window company, Barclays and if we can not get the deposit paid back from either of these entities to whom do we escalate matters, the OFT, Trading Standards or even the courts through trying to get a CCJ and if so against which organisation (Barclays or the window company)? I will state that having been fobbed off with crap from the window company, I wrote to my credit card company (Captial One) to explain what happened (with supporting documentation) and they have written back to say that they won't give me the £60 back as the credit agreement isn't their responsibility but that of Barclays / the window company. Any tips, pointers and suggestions would be helpful. I repeat - ideally we'd like the windows but we can't get the finance to pay for them. Had we known that we would fail finance, we would not have allowed the surveyor to attend (and I entirely accept that had it been that he'd been and Barclays were happy to extend the money to do the job then we ought to forfeit the deposit - but this was not the case).
  16. I have copies of the credit agreements and interestingly note that the credit card agreement has the phraseology "We will tell you from time to time the approved limit we have set and, if different, the individuallimit which you have chosen for the account." Does this wording actually mean that I could if I so chose discontinue paying because I am not obliged to? What's good for te goose, sauce and all, etc. Without identifying myself (as I am sure them from the dark side reading these forums): I had a credit card & personal loan. I got into trouble at the end of 2006. They immediately put the accounts with a DCA. Over the last 3 years, I reached an arrangement with the DCA have paid around £6 a week off of each account (both now stand at around £2 grand each) but the thing is it was never enough and once every 6 months or so I would get the most spiteful intimidatory letters telling me that my house (which actually belongs entirely to my wife) was going to get a charge notice, etc, etc, etc - even though I was paying them... . Someone asked me in April last year "Didn't you have insurance (PPI)?" Actually I did. I wrote to the DCA and asked about the insurance. They ignored ma and ignored me and ignored me. In August, I said that I would stop paying entirely if they didn't answer what happened to the insurance. DCA 1 said not paying would be the thing to do but the bank set another DCA on me who have relentlessly hounded me but I have steadfastly stated I won't pay anything until someone explains what happened to the insurance. The letter telling me that "they didn't / don't have to tell / remind me that I had PPI" arrived from the bank between Xmas & New Year.... The thing is I have looked at the Credit Card Agreement carefully now - and aside of the wording above which I have noticed, nowhere can I see an endorsement or signature of mine giving them authority to help themselves to around a grandsworth of my money anyway. As for the loan - which does bear my signature against the PPI, they have told me that but for the premium and interest on the premium, the original loan itself has been paid off (ie all that is left is money owed against the premium & interest on the insurance I'd forgotten about that they conveniently kept very quiet about). I had felt prior to this constant stream of greedy bullying that I ought to pay them but now I really would like to tell them to poke it all where the sun don't shine. How do I stand on them KNOWING I had PPI on a personal loan (but personally forgetting I had) where I reasonably now believe that they didn't tell me "PaulS43 - there's insurance on these loans, let's see whether a claim can be made" because doing so would have affected their bottom line. These people are immoral if not dishonest. This if not theft in the strictly legal sense of the word certainly is in the moral sense of the word. I have not been very well and am able only to work part time since my melt down.... Their advice in their letter dismissing my "complaint" is that I should make a claim now but there are limits of 120 days.... In other words, the insurance on the loan (including interest thereon) has cost me £2,200 and they still expect me to pay it - even though they kept very quiet and did not remind me I had it. Is this mis-selling / fraud / theft ????
  17. Hi people, I had PPI on a loan with one of the credit card companies. I'd forgotten that I had it. I ran into financial trouble a few years back - and although they agressively hounded me for money, they never once said PaulS43, there is Payment Protection Insurance with this loan - let's see whether a claim can be made I believe that they kept quiet about it because they had a financial interest in so doing. Would it be fair to say I have a case for asking for the return of the premiums? The company have written to me to tell me that They didn't remind me I had PPI because they are not obliged to. I won't print what I think of this - I'd rather hurt them in their pockets. Do I have a case?
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