Hi Abs

Many thanks for replying, we are just leaving to go to hospital appointment will try and decipher the info you have sent me.

Its greatly appreciated, they seem to be trying bullying tactics with us, and I'm not quite sure how to handle them, however, with your generous experience and knowledge cpmbined with RMW and U-E hopefully they will gwet the message.

Have you heard anything from them recently.

DS

Hi everyone,

hope you all had a great Xmas and a Happy Healthy New Year, here's hoping 2012 shall be better for many people.

We received a letter today in reply to our letter regarding this preference account.

They state in their letter if we look clearly we will note that the document states at the top that this a a Credit Agreement Regulated by the Consumer Credit Act 1974 so the Preference account my relative had is regulated under the Consumer Credit Act and says so at the top of the document/agreement, (this is a two part agreement and has got Credit Agreement regulated by the Consumer Credit Act 1974 on the personal loan side but not on the Preference Account side) you can see a copy of the agreement in Post #9 of this thread.

However after checking this agreement once again I do notice that the two signature boxes (1 for personal loan and 1 for Preference Account) the personal loan box states " This is a credit Agreement regulated by the Consumer Credit Act 1974, Sign only if you want to be leagally bound by its terms. On the Preference Account application side the signature box does not contain this statement.

Also there is two sets of terms and conditions on the back of the agreement the Personal Loan side states - subject to th provisions of the Consumer Credit Act 1974. However nowhere on the Preference side of terms and conditions does it mention the Consumer Credit Act 1974.

They are now considering Legal Action as they are saying this account is regulated by the Consumer Credit Act 1974 and they are fully aware of the Consumer Credit (Agreements) Regulations 1983 and all terms are present in the agreement.

Please Please Please can somebody help us, we are not sure what to do next.

I know Undercover-Elsa, Abby25 and ReallymadWoman had dealings with this lot, I have been waiting on Abby25 getting back to me but notice she has not been on here for a wee while.

Any guidance would be extremely appreciated.

DS

Hi

 

So their rejection letter didn't mention it being their final response. In that case you can go back to them.

 

You don't really need the policy and I wouldn't get hung up on that myself.

 

Did you send them a completed fos questionnaire and a spreadsheet of claim (SOC)?

 

ims

Hi ims

Your correct, they didn't mention it being their final response.

Wanted to check policy as she was self employed at the time she took PPI out as well as having previousa medical conditions.

Yes.. we did send completed fos questionaire and a spread sheet.

I have today sent them a letter more or less saying this was defo missold due to previous medical conditions and no advice from RBS. Just need to wait now and see what they have to say.

They have already paid up PPI on loan she had but cleared arrears with the payment however the loan wasn't a tick boc on an application form which is what they are saying, she ticked the box on the credit card application form many years ago asking for PPI but had no knowledge that it didn;t cover previsous medical conditions.

DS

Hi debt

 

Have you had a final answer from RBS?

 

You could send the following letter regarding your SAR request:-

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear xxxxxxxx

 

DSAR Reference: xxxxxxxxxxx

 

Account Number: xxxxxxxxxxxxxxxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated xxxxxxxxxxx. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) You have failed to provide a Copy of the Consumer Credit Agreement.

2) etc

3) etc

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours sincerely,

 

Fill in the blanks.

 

Don't give up, thats what they want you to do

 

You've still got avenues you can take, courts, FOS.

Hi rebel

No..they have not giving us a final answer, and yes we have already sent a letter before action telling them they have not complied with SAR, as they did not give her a copy of the insurance policy, they only replied with a short letter stating that they have enclosed all documentation referring to the account as previously in their SAR stating that the original contract appliaction form sent to us shows that the PPI on this account was taken out at the time of application, as per marked PPI option box.

However as stated sis in law did not know at that time (many years ago) that pre existing conditions where not covered by PPI. It has been brought to our attention by your site.

Should we send another letter stating that yes she may have ticked the option box....but did not know that pre existing conditions were not covered (have already said this in first letter)...

ANy ideas on how you would reply to this type of letter.

DS

Hi

I tried to claim PPI that my sister in law has paid on a RBS Mastercard for many years, this type of insurance should never have been sold to heras she has had health issue since teenage years.

The reply fro the bank was more or less you ticked the PPI acceptance box so you dont have a claim.

SHe never ever got a copy of ths the insurance policy and when we requested a Subject Access request there was no copy of the policy in it. We wrote to them telling them there was no policy but they have not replied.

Please can anybody advise what to do know.

DS

Just highly efficient....which is greatly appreciated.

You have been so kind and informative with your advice, I only hope we can repay you is some way.

Cheers for now, away to get letters printed and sent.

DS

Can't believe how fast your replies are ims, its greatly appreciated we shall send a copy away tomorrow to that address it cant do any harm.

Have a great day, you deserve it.

DS

Hi ims

Many Thanks for your instant reply, I hadn't even had time blink.

Do you have any idea what RBS address we should have sent the PPI claim to I could always send a copy.

As for the Subject Access Request we shall leave it for the 40 days, will that be 40 working days or 40 calander days.

Kindest regards

DS

Hi ims

Sorry to bother you, we sent away the claim to the RBS branch on10th Septemeber they received it on the 13th September should they acknowledged it or should we have sent it to their head office.

I thought maybe my sis in law and brother should have received some kind of acknowledgement from them. We also sent their Subject Access Request on the 5th September they received it 7th september but not heard anything yet any thoughts, should we send another letter or hang it out.

Your expert advice would be greatly appreciated.

Anybody else who wishes to comment please feel free, being newbies to this we need all the help we can get.

DS

Hi Abs

Any contact from 1st Credit of BOS, the past week BOS have been trying to phone my Brother not sure if this has anything to do with 1st Credit, they haven't spoke to them.

DS

Hi ims

Tried to click your star, not sure if something is meant to happen, ie leave a message or such, howver slicked your star hopefully this adds to your great reputation.

DS

Hi ims

You'r a star ims, this spreadsheet is amazing, tried one I found on here last week but couldn't make head nor tail of it, this one was so easy.

All calculations done...form a few weee bits to be completed can''t do that till tonight when I speak to sis in law for some details. On the PPI conditions it does mention she was covered for self employment, but the medical part does not cover her for existing medical conditions which she has quite a few and did have at the time of taking PPI out..i.e Hypertension, Diabetes etc..so can this be a reason why she was mis-sold policy.

Hi ims

Many thanks for your help, its greatly appreciated, luckily you have brought to my attention it was actually March 2008 it ran for 36months and it did run its full term.

These banks have got off with robbing and thieving for many years I'm so glad we found this site everyone is so helpful, I bet the bank and such like rue the day CAG was founded.

Many thanks again

DS

Many thanks dx

Have had a look on FOS I shall print form out and send it to her bank, will keep you all posted.

Also wanted to send their bank a subject access request but van;t find a letter on here, I know theres one somewhere saw it earlier, but sods law when you need you can't find it again, can anybody help us find a Subject Access Request Letter please.

DS

Hi

Please could somebody help us, at present I I am trying to help my Brother & Sis in Law who have a a few debt problems due to the ill health of my Brother.

Anyway after joining CAG with another problem I got thinking about their loans and such like.

It appears my Sis in Law has had a few loans and two credit cards with RBS and Debenhams Mastercard with all PPI, however she was self employed at the time (Has now giving up to look after my very sick Brother).

Can anybody help us put a claim into RBS & Debenhams to request they pay her this money back.

Loan Details

Took out £7500.00 on February 2005

Repayments £263.65 (£230.32 Loan Repayment & £33.62 Insurance Loan Repayment)

Last Payment on March 2009

Main Loan: £7,500

Insurance Loan: £1,085.00

Credit Total: £8,585.00

Interest: £906.40

Total: £9491.40

Annual Percentage: Cant read thia as they have stamped Customer Copy right over it. (It could be 9% not sure)

Am I right in saying she should not have had this Loan Insurance (Loanguard Policy) if she was self employed. If so is there anybody out there that can help us calculate what she should be due back.

Also Credit Cards would we write to the companies and ask them to refund all PPI or do we have to calculate a figure for them.

Any guidance, Info would be greatlt appreciated.

DS.

Good morning ...

Last letter from them (after their "if you dont play nicely we will apply for bankruptcy ! ), states that they have requested a copy of my agreement from BOS.

 

With regards to CRAs and the account, Experian told me that an account description can not be amended, the orig account would need to be closed and reopened under the new description.

 

I wrote to experian about this, as BOS had claimed (when I challenged them that the account was registered as a credit card), that it was a bank od and always had been - and that Experian had registered incorrectly as they didn't have an appropriate class to put an OD in that requires a monthly repayment !! I therefore advised experian what BOS had claimed, whereby experian took the right hump and wrote to them - and guess what BOS admitted to them is was a credit card - and there I had them right in the palm of my hand !! (in conjuction with the t&c I recd headed acct regualted under CCA74.

 

You need to think clever, and outside the box with them - I put them in a position whereby the buried themselves. So wait until they come back & say its a bank od - then ask why its registered with CRAs as a credit card, they will squirm and probably blame the CRA. So then you advise the CRA what BOS have accused them of - and let them give BOS a right royal kick up the bottom for lying. The CRA will come back and say it is a credit card - success !!

 

When the time comes for you to contact experian (I emailed them), then I'll draft something particular to what BOS have stated. Don't forget anything you send will need to be in your brothers name or with his authority, due to the Data Protection Act regs.

 

Abs x

Hi Abs

Sorry for the delay in replying I have had trouble logging into CAG not sure if it was my end or theirs, anyway thanks you for all the advice, it makes great sense.

Seems as though you are one step ahead of them, thank god.

Anyway will wait till they contact my Brother and let you know exactly what they say, thought we would have heard from them by know,my Brother and Wife were getting into a bit of a panic as they have a new postman and he has been firing other peoples mail through their door so thought he may have fired 1st Credits reply through somebody elses door. However as I said to them nobody on hear seems to have heard anything so they possibly haven't replied anybody as yet. Hopefully we all gave them something to think about.

Will let you know as soon as they have heard anything and many thanks once again for all your help, it is greatly appreciated.

DS.x

Good Morning Abs,

Have you heard anything else from BOS/1st Credit, we have not heard a peep since receiving letter advising us they will be contacting BOS in response to the letter we sent disputing this account.

Been re-reading your thread and thought , maybe we should do what you have done and write to experian regarding this account as at present it does show that it is registered as a credit card but would be interesting to find out what it was originally registered as.

Is there any chance you could let us have a copy of the letter you sent to Experian requesting this info I get a bit tongue tied writting letters and don't want to trip myself up and ruin all this hard work you are helpiong us with to try and get this sorted for my Brother(who unfortunately is in hospital at present)

DS.x

Update - 1st credit have sent me a letter advising that as I have failed to contact them (a lie) they are considering issuing bankruptcy proceedings.

Hi Abs

What on earth are the playing at...It seems as though 1st Credit haven't learnt their lesson, according to the link Elsa gave me, you think they would tread a bit carefully now.

Has the Royal Mail site acknowledge 1st Credit receiving your letter (we had a problem with this, no details on RM site only said Try Later....however after applying to RM it appeared that the company did receive the letter, just chancing their luck.

Update from us - All quiet at this end. I suppose they are still waiting to hear from BOS, not had mail today as yet so we'll wait and see.

Will keep you updated.

DS.

and me. Bank of scotland

 

They also have obtained our telephone number which we had recently changed. This number is permanently withheld by BT and Bank of Scotland last contacted 2 years ago when we had the old number. How have they got this number. its not even in my name?

 

Milly X

We got same response today...we shall wait and see what they come up with.

DS

Hi folks

We got a reply from 1st credit today, saying they were going to contact BOS and let us know what they say.

Seems like a few people have all received the same letter.

Do we just sit tight until they get back to us.

DS

Hi Elsa

Many thanks for the info and the attachments, I had read somewhere about the press release but I have never seen the Requirements info before, this is very much appreciated.

DS

Hi

Any movement from 1st Credit, We are in the same position as you, have written to them but no response yet.

DS.

Hi Abs

Just wondering if you have had any movement from 1st credit. We have not heard anything yet.

DS.

Hi Debt Sufferer,

1st Credit do seem to have recently bought a whole batch of accounts from HBOS. Ironic, as in 2009 HBOS dropped them like a hot brick because 1st Credit were in trouble with the OFT for aggressive debt collection practices , eg issuing Statutory Demands willy nlly, so have been under observation.

HBOS has obviously just forgiven them, hence the sudden spending spree on accounts. They would probably pay in the region of 10% of the debt value. Immoral.

 

Elsa x

Hi Elsa

Many thanks for that info Elsa, I had read something, somewhere regarding this but couldn't find it again.

Do you know if 1st Credit are still under observation ?.

10% is such a pittance considering the amounts they have bought, am I correct in thinking that they then can collect full outstanding amounts.....if so thats some profit margin.

We are waiting for a response to letter we sent last week, will keep you all updated as soon as we get a response.

DS.

Hi Abs and everyone else

Just thought I would do a an update...no sign of any response from 1st Credit, a bit too soon maybe, has anybody else out there heard anything from them.

DS.