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Subliminal Sam

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About Subliminal Sam

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  1. Letter now sent. I've just had another phone call from them. I've started logging them now. I asked the caller (different one to yesterday) to read out the notes from yesterday's conversation, which he did. I then asked why, in view of those notes, he was making the call, He told me that it's nothing to do with me if they choose to phone this number (!) and that they will continue to phone every day until my wife returns their call to discuss the matter or inform them to write to her. He is adamant that they have written to her. My wife assures me that she has not received a letter from them. I will continue to log the calls along with callers' names. Should I just do that until I have proof of delivery of my letter? Thanks.
  2. Thanks citizenB. Should I we send the letter out by recorded delivery?
  3. Thanks for both your quick responses. I really appreciate the advice. SilverFox, I have located the letter. Can I send it to them now or should it come from my wife? As for fkofilee's advice do I complain to relevant authorities now or await Mortimer Clarke's response? Thanks again.
  4. I'm not sure which is the right place to post this, so apologies. Please move to the correct forum. I work from home and, over the last ten days, I have received around 10 telephone calls from a company called Mortimer Clarke. They are trying to contact Mrs Sam and they will not tell me what it's about other than 'it's a serious matter' On each occasion that they have phoned I have told them not to phone again and instructed them to write to my wife at this address. She doesn't work from home but from an office in the local town. They have just phoned me again and I lost my temper (only a bit!). I told the man, again, to write to her at this address and make a record of my request. All he would say to me was that he could not accept that instruction from me - only from her and she would have to phone him to issue that instruction. He said, again, that it was a serious matter and 'As I had just confirmed that this was her phone number he had every right to keep phoning'. I asked him if they had written to my wife previously about this matter and he told me that it was none of my business! That's when I lost my temper. I told him that I wanted his name and company address and also the name of his boss. He supplied them but continued to assert his rights to phone when he felt like. He also said that any letter would have to come from my wife - not me. I asked him again if they had written to my wife prior to the phone calls and he said ' Well of course we have.' I told him, again, to send copies of the correspondence to my wife and he said that he would not do so unless she contacted them. He then started to tell me again how they were within their rights to keep phoning this number - at which point I told him that he had wasted enough of my time and I put the phone down. Can anyone please advise me as to what course of action I should now take? Was I right to say that I would send them a letter of complaint? Should I, or her, send the letter? It's obvious to me that they are after my wife for something (!) but she is adamant that she doesn't know what it's about. Also who do these people chase debt for? Does anyone know? Any help and advice will be gratefully received. Thanks.
  5. I'm not sure where to post this so firstly apologies if this is in the wrong place. I have an outstanding loan with Lloyds TSB - currently just over £9k. I got into financial difficulties a few years ago and could not pay the debt back. I had to attend my local County Court where judgement was given to the bank. I agreed to pay the debt off at £150.00 a month and I managed to do that for a while. Payments are made through SCM Solicitors. However I have had other financial issues and I have found the payments difficult. I have just checked and, whereas I should have repaid £1,650 over the last 12 months I have in fact paid them £1,350. At the end of October I received a General Form from the County Court where they state that: It is ordered that: Stay lifted Judgment for the claimant in the sum of £x. Dated x October. What does this mean please? I have also now received a letter from MoneySave Solutions offering their services as a County Court judgement has been made against me last month. They advise that I run the risk of the issuer obtaining a "Charging Order Against Your Property", an "Attachment of Earnnings" or bailiffs could be instructed by the courts to seize my property to the value of the judgement plus their costs. Now I don't want to go anywhere near MoneySave Solutions, of course. However I am not in the position where I can repay this debt in full at the moment. My financial situation has improved to the point where I could now maintain payments at the previous level of £150 per month and also pay the £300 arrears (the £300 at a pinch, it must be said). I'm very worried about this. Should I speak to SCM and see if they are able to accept my offer to recommence these payments or has that door now closed. All advice gratefully accepted.
  6. Thanks to all for your advice. I'm sure there will be a lot more questions! ims21. The RBS questionnaire is different to the FOS one. Are you suggesting that I reply to the RBS letter enclosing the completed FOS questionnaire and ignore the RBS document? Also should I be sending a seperate SAR to RBS at this stage? Many thanks.
  7. I wrote to Royal Bank of Scotland on behalf of Mrs Sam over a year ago. She had paid PPI on a credit card and she thought that it might have been mis-sold. We got a letter back from RBS which fobbed us off basically. Mrs Sam didn't need the hassle, as she is unwell, so she didn't pursue it. Last week she received a letter, totally out of the blue, from RBS which states that PPI may have been mis-sold. They have asked her to fill in a questionnaire and return it to them. The gist of the letter appears to be a question over how such policies were sold to self employed people. My wife has been both self-employed and employed through companies over the years. I'm not sure what her status was when all this happened. I will investigate that. To precis their questions they want to know: Employment status when PPI taken out - Employed; self employed; director etc Any underlying medical conditions at that time. Why she doesn't think she wasn't eligible for PPI at the time or policy was not fuilly explained at time etc. Did she not understand PPI was optional? Did she not choose to take out policy with credit card? Was she pressured? Was the cost not explained? I'll investigate all of this and respond as best I can. But, are they setting me any traps here? Am I being paranoid? I'm guessing that this is a standard questionnaire.What are my 'do's' and 'don'ts'? Thanks for any advice received.
  8. I have finally received a reply from RBS, dated 3 December and they have rejected the claim. It's a really long letter but the gist of the rejection in the letter is given in italics below (all words taken from the "RBS Case Officer" letter to me dated 3 December). During the course of my investigation I looked at all the available evidence that is relevant to your complaint. The following items or documents were reviewed as part of my investigation: Credit Card Application Form Policy Document Credit Card Statements Please find enclosed a copy of the above documents. Credit Card Application Form You signed this on 9 October 2000 to confirm that you wished to apply for the payment protection insurance policy. Policy Document This document explains how the policy works.It gives a full explanation of all the terms & conditions, meanings of the words and phrases used, eligibility, what is and isn't covered, benefits and features, how to make and change a claim and how to cancel the insurance. This was provided to confirm that you had applied for the payment protection insurance policy. Credit Card Statements These were issued monthly showing the premium for payment protection insurance and enclosed are two copies dated 24 September 2001 and 24 December 2004. In relation to your specific complaint points: You can not remember being given any information about the PPI You do not think it was fully explained to you. In fact, you do not think it was explained to you at all. With the knowledge you now have you do not think the PPI was necessary or appropriate for you when you took out the credit card. The policy was provided on a "non-advised" basis. This means that no recommendation was made as to whether it was suitable for you. Full information about the policy was given which allowed you to decide whether it was right for your needs both at the time of the sale and in the future. This was a mailshot Credit Card Application and therefore there would have been no advisor present at the point of sale. You would have received a copy of the Policy Document which contained key information regarding the policy including details of the key benefits, features and significant limitations and exclusions of the policy. With the receipt of this document it is reasonable to assume that you should have been aware that the cover was in place and what the policy did and did not cover. You got the impression that you had more chance of getting the Credit Card if you took out the PPI. The optional nature of the policy was evident in the Application Form as you have ticked the appropriate box next to the statement "For cover just tick this box" and signed the Application Form on 9 October 2000 to confirm that the details were correct. There is therefore no evidence that you were led to believe that the policy was compulsory or would have been needed in your application for credit. Furthermore the Policy Document outlined the cancellation rights which confirmed that you could cancel the policy within the first 30 days without any financial loss. After this time the policy could be cancelled at any time by giving 30 days notice in writing. This meant that if you were unhappy with the policy in any way or your circumstances changed, you were able to exercise this option. Decision Having carefully considered all the information available to me I am sorry to advise that I have been unable to uphold your concerns in this instance. The details of the policy were confirmed in Policy Document. The optional nature of the insurance and full details of the eligibility conditions, main benefits and exclusions involved were provided to inform you of your decision to apply for the policy. You therefore made a fully informed decision to proceed with the insurance. The letter then goes on to suggest I take the matter up with FOS if I am not happy. He also states that he will review the case if I can provide any additional evidence. So, where do I go from here? I am very annoyed about the way in which RBS are handling this. I am not happy that, despite telling me on more than one occasion, that they have no records of this account (please see my earlier posts) they have now produced my Application Form from 2000, as if by magic. In addition, they have now found statements, that they previously could not find. Most importantly, the Policy Document, which features heavily in the rejection letter above, is a photocopy of a fax which has been sent by "RBS BIS" to a 0117 number on 4 June 2010! The 0117 number is not a number that I recognise and is certainly not a fax number that I have ever owned. My name, signature, account number or any other item linking the Policy Document to me does not appear anywhere on the document. It is a general document, not addressed to anyone. I do not believe I have ever seen it, prior to receiving this copy with the rejection letter. This has been a bit of a long and boring read, I know! But I would really appreciate your advice as to what I do next. These people should not be allowed to get away with this. Thanks for any advice.
  9. Just one more question (I hope!) If they agree to refund the PPI will they pay it back to her or deduct it from the outstanding credit card debt? Thanks.
  10. Hi ims21. She wasn't self-employed when she took out the policy. She was working for a company at that time. I've looked through the paperwork again and I can't see see the PPI agreement anywhere. There is a copy of her signature on the Credit Agreement for the Egg card in 2002 but it does not mention PPI at all.
  11. I'm still going through Mrs Sam's bank accounts and credit card accounts looking for mis-sold PPI. I have sent a SAR to Egg and they have finally complied with over 400 pages of information! Mrs Sam took out an Egg credit card back in 2002 which ran until 2008. During that time she paid an average of £30.00 per month PPI. I'm ploughing through the paperwork to see her signed agreement for PPI but I haven't found it yet - there appears to be everything else though. Mrs Sam cannot remember how it was sold to her back in 2002. Mrs Sam became ill in 2008. At this time she had her own business. Her illness has sadly resulted in her being unable to work. She has been on incapacity benefit since February 2008. She had to wind her business up at that time. She wrote to Egg on 22 November 2008 to see if she could use her PPI but did not receive a response. That letter contained a letter from her GP and her incapacity benefit letter. Due to her illness she did not pursue the issue until March 2010 when she wrote to Egg again. They did not reply to this letter either. She chased them in April 2010 and she finally received a response at the end of April 2010. Their response was that the insurance does not lie with Egg and she should have taken it up with the insurer. I do not understand why they did not reply to her letter in 2008 with that information. They said that this information was detailed in the document that she had read and agreed to in 2002(!) They also said that the PPI on the card was cancelled on 6 November 2008 as the premiums had lapsed due to her not making payments to the account. She was unable to make the payments due to her incapacity! They subsequently put the Egg account in the hands of their Collections Department and then to ARC. Neither of them were able to get any money from her (as she wasn't earning any!) and now the debt is back with Egg. They don't appear to be chasing her for it any more. So where do I go from here? I want to claim back the PPI payments which must amount to somewhere in the region of £2,800 before interest. What are the issues concerning her unsuccessful request for a payout on the insurance earlier? All advice gratefully received!
  12. Thanks guys. I think I will send them a FOS and ask them to refund the £500 plus interest and see what they come back with. I assume I can hit them with a failed SAR later if no joy?
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