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  1. Hello Sorry this is a bit long - my claims have been from the 90's so am unsure about this; I am helping a friend with a debenhams ppi claim; we went through all the statements she had and did the spreadsheet and filled in the PPI Consumer Questionnaire; we made one error in stating that she was self employed at the time of sale but she thought she had opened the account in the late 90's when she was. We got the standard go away letter which stated that the account had been opened in 1989 and it states that the reasons for the decision are as follows; The card and associated PPI cover provided by GE Money was opened in store in March 1989. The purchase of the PPI was on a non advised basis with sufficient information provided at the point of sale or soon afterwards to allow you to make an informed choice whether to add ppi to your account. No advice or recommendations regarding the suitability or otherwise of the insurance. This document had an optional separate place to request if you wanted to add PPI to your account. Unfortunately due to the time elapsed I am unable to send you a legible copy of the Credit Agreement. (see below about copy Credit agreement) Documentation confirming the PPI policy would have been sent in the post to you and this provided full details of the insurance including eligibility, exclusons, and limitations on the level of cover and it also indicated that the PPI policy could be cancelled within the first 30 days with a full refund of any premiums paid if it was decided that the insurance was unsuitable (providing that no claim had been made). The insurance was upgraded to account cover in 1998 and 2003 and new T & C would have been sent to you. There is then a section about the self employment which mentions that it was ascertained in a phone call that she was not self employed at the time - need to check this with her. it then carries on to say that she said that she was not asked about any alternative methods of repayment and says that as it was a non advised sale and as such they would not have sought information about alternative cover and that she chose the insurance and did not cancel at an early stage indicationg that the policy was suitable for her. She cancelled the insurance in 2012. it then says that the evidence available to him indicates that she was made aware of the main T & C including any exclusions and limitations that would have applied. She was also provided with sufficient information upon which to make an informed choice. He then refers her to the FLA but does not state final response and very kindly gives his name and phone number to discuss this further. We then sent a SAR to them: which included a copy of the Application form / credit agreement and there isn't a box to tick - there is a section that is titled Optional Insurance and Indemnity and in much smaller writing Payment Protection Plan you will receive this cover free for 28 days - full details will be sent with your new card. The SAR is rather sparse - it only includes statement info from 2005 and has no copies of correspondence about the upgrading of the account. We did the PPI SAR so would have expected more. Thanks
  2. Can I just add that Borth is a very popular area for surfing and I am sure that this is not the first time Arriva have seen surfboards on that train...........
  3. Hello Have looked at the Land Reg and it says Restriction. Does Primary or Family home matter even if we do not have kids? Thanks
  4. Hello - thanks pretty sure its a charging order not a restriction - will look tonight and pop back on if that's OK. If it is a CO may need some more advice.
  5. I thought that the creditor could always force the order for sale whatever the amount and the 25000 threshold was to protect people with charging orders for small amounts. Perhaps someone could tell me what the situation is if you have a charging order under 10000 with quite a lot of equity in the property. The property is our main home and I own it jointly with my partner. We have not moved home in about 35 years. The debt is not a joint one .Would a OFS succeed in theory.
  6. Hi - firstly can I say thank you both dx and ims for your patience with me it is much appreciated. thanks for that expanation it is a lot clearer now; I still don't quite understand how I get to 13 payments and they say 9 so I think before I accept the offer I shall ask for a detailed calculation. What was I doing wrong on the spreadsheet to get a redress value of 1429 including interest. As I have a couple of other claims running (not defaulted) so I would like to make sure that they are right - Oh I've just checked I think its the number of payments so again I need the above calculation. Incasso took us to court on behalf of the co-op. The CCJ clears off my record in a few months so I don't see the point in going to try to set it aside. I will indicate my concerns that it was for the incorrect amount and perhaps try for some interest ? What do you think With the reduction in debt the bal o/s reduces to around £10000. which is better than £14000 ish. and if they agree to settle on another loan that I have with them that will reduce it even further. So every £1 less is less to pay back. Thanks again
  7. Hello thanks for getting back to me: I am afraid I do not have a payment record for the normal payments (have just checked the bank account and it doesn't go back far enough. I know that I was making round figure payments at times to them so I calculated the 13 payments by taking the initial loan amount less the default balance top divided by the monthly amount from the paperwork I have Initial amount 22786.67 Default balance 19164.71 Diff 3621.96 Divided by monthly 271.27 Payments made 13.33 Hope it makes sense
  8. Hi - have done a couple of simple calculations in respect of the rebate ...perhaps you could check them for me. I hope this table is clear enough ...............................Capital....... Interest .......Total PPI per agreement 4,603.80.....1,187.78.......5,791.58 PPI paid ................896.35.............................896.35 (not including the PP amounts Rebate due............ 3,707.45..... 1,187.78.......4,895.23 I wasn't sure whether I should calculate the rebate due with or without the interest so did both. I then calculated 8% simple pa for years 2007 - 2012 in both the above figures of rebate due. On the capital only it works out at around £2000 and the on the capital and interest amount at around £2800. They have offered me £4029 What do you think please
  9. Thanks - just ask about anything you're not getting (lol) Do you think I need a solicitor ?
  10. Ok - here I go ..... We began struggling on the loan in spring 2006 and in June 2006 stopped making payments. This situation continued till July 2007 when they issued a default notice for the following amounts: Balance due 19164.71 less Interest Rebate 2561.81 less Ins rebate 0000.00 Amount payable by you 16602.90 Of course there was no way we could pay that and so in November (?) need to check a CCJ was issued for the 16600 plus costs. We had been making minimal payments since Sept 2007. They then got an interim CO and a final one in mid 2008. Which still remains; we have not missed any ot the agreed payments. We wrote to them in March with a PPI mis-selling claim; hoping that anything we could get could reduce the loan balance and very quickly received a goodwill offer as discussed above. In their letter with the goodwill offer there is are a couple of paragraphs - " The amount offered £438.78 represents the amount of PPI plus interest that you actually paid plus 8% interest. £4029.89 represents the amount of unpaid PPI that remained in the balance at the time the account was closed. This amount will be deducted from the amount of your debt." " On 16/06/2006 your loan should have been transferred to a Payment Plan as you were unable to meet the contractually agreed monthly repayments. At that time should have received a rebate of the PPI element of your loan and your PPI Insurance should have been cancelled. However this did not happen but has now been taken into account when calculating the redress due." As you can see there is no mention of interest on the 4029.89; and of course the CCJ was for the wrong amount. I know that we won't get any cash in our pocket with this but we just want to reduce our borrowing with them. As I mentioned in our previous post the legal helpline with our house insurance and they have advised that I raise a separate issue as regards the rebate and any interest outstanding and also stating our concerns about the CCJ being for the incorrect amount. Apparently even though we breached our contract with them they also breached their contract with us but they have warned us that it is getting close to be statute barred; My plan is to write now as detailed above mentioning interest on the rebate as it was their error and mention our concern that the CCJ was awarded for the incorrect amount. I just hope that I'm not rocking the boat here and they try a force an order for sale. I hope that is clearer Thank you
  11. Thank you for getting back to me so quickly Sorry - but do you mean the FOS questionnaire. ? I have sent them that but will write to them with my spreadsheet and query their calculations and ask for their detailed calculations. Can you suggest the wording ? Am I able to cull the thread if so perhaps you can suggest how to do it. I have today rung the legal helpline with our house insurance and they have advised that I raise a separate issue as regards the rebate and any interest outstanding and also stating our concerns about the CCJ being for the incorrect amount.
  12. Hello thanks have already sent that letter - see their response in post 21 together with an explanation of waht happened. Perhaps you could give your opinion on the queries in a previous post Thank you Sorry just noticed your comment on the false balance - should I treat this as a separate complaint ?
  13. Hi I made no payments into the account from 10/05/2006 through to 17/09/2007 when I started the payment plan. I have therefore shown these as blank - should they be noted as 0 ? Thanks for your patience
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