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Everything posted by iklt

  1. hi yes when i spoke to the bailiff this morning he was very negative because it was a bank and a PO box address different story if it was a flat or terraced house with a struggling couple or old lady who has fell behind with payments on a overpriced piece of furniture or television like all bullies they meet there match his seems to be a bank
  2. sorry brigadier i made mistake it is bank of scotland not rbs just googled there head office BANK OF SCOTLAND,THE MOUND,EDINBURGH,EH1 1YZ will contact bailiff and give him this thanks ian
  3. Last year i recieved SAR from AA loan i had it was with RBS i sent off letter asking for ppi payments back and recieved rejection letter i pointed out my pre existing medical conditions and the fact i was not asked if i had any and got letter back stating i was affected to some extent by the exclusions of my ppi policy however the extent of the affect means that there was no impact on the suitability of the ppi policy so they would not uphold my complaint. As this was there final response i decided to file a court action on MCOL i filled in brief description of claim and was surprised to get a defence filed straight away from there legal team stating that the ppi was statute barred under the limitations act of 1980 I filled in my particulars of claim showing evidence of my medical records and sent copy to court and there defence heard nothing until November 2012 when had order from court saying unless defendant files allocation questionnaire by 4 pm on 28/11/2012 defence be struck out and judgement be entered for claimant. I was duly awarded judgement and heard nothing so contacted there legal team who told me that they disagreed with the judgement and insisted the ppi was out of limitation of six years as that is what it says on the ppi claim adverts on television so being denied my money i served warrant and payed £100 fee to bailiff to recover. had phone message left of the court telling me to attend on Tuesday for half hour hearing for direction of judge Phoned bailiff who tells me he can not enforce warrant as royal bank of scotland address is a po box number and he wont get passed security. There address on money claim on line is Bank of Scotland PO box 761 Leeds West yorkshire LS1 9JF Is there any case law the defence can produce to prove that the ppi is statute barred i understand the loan and any charges would be but the ppi is a insurance policy and as far as i can see it does not come under the limitations act any thoughts and help and advise would be appreciated thank you in advance iklt
  4. hi martin sorry for late reply the account first started out as a normal current account with overdraft that is when the charges where added and then in 2005 it was changed to a additions current account then in 2007 it was changed to a additions plus where you pay a monthly fee for overdraft, breakdown cover,mobile phone insurance ect thanks for your reply i will do plenty of reading you have given me some great inspiration thanks ian
  5. hi martin yes do you think i should ask them to give me a breakdown of the twenty pound charge even though the oft considerd it unfair is this my strongest point as i gather no bank has explained there pre 2006 charges regards ian
  6. Three years ago it all went wrong work dried up i defaulted on personal loans, credit cards, overdraft, the options where bankruptcy or dmp as i am a home owner i went for the dmp option with no fees playplan plus i make monthly payments from my now reduced wages. roughly it is 60k to about six creditors the biggest being hfc and barclays.at the rate i pay after essentials it will be cleared in 2045 if i dont croak i will be 81 i have had great success claiming ppi with the help of the template letters on cag (MBNA being the most difficult with there you ticked the box so it was non advised basis waiting for court date for that one)sent sar to barclays and got big envelope back had ppi on current account and claimed back £3500 of which £1950 they offset. reading through the sar the account was changed to a additions plus account in 2006 but in 2000 to 2002 i had twenty pound charges totaling £780.00 pounds this got to me as the ppi was added to the account without my knowledge i might not have incurred these charges i knew they would be classed as statute barred because of the time but i wrote claiming financial hardship asking for a refund. they replied saying sorry for inconvenience but the charges are statute barred and the charges where fair and where added because i could not manage my account properly.end off. i left it for a couple of weeks and after a couple of sleepless nights thinking i was hard done too i thought i don't have much to loose so i put a claim in with MCOL after fourteen days no acknowledgment so i entered judgement three weeks later i had first letter from barclays special investigations team telling me i was relying on legal arguments which have been considered and rejected by the high court and the supreme court and not to try and execute a warrant and withdraw this claim as they seek to have the claim struck out and i would have to pay there legal costs. Two more letters followed as the hearing got closer they did ask for it to be heard without a hearing but a date of 24/09/2012 was set at my local county court wrexham. rather than shake in my boots i thought give it a shot take all my dmp stuff and as far as the statute barred went would try and go with section 32 c of the limitations act(the period of limitation shall not begin to run until the plaintiff has discovered the fraud concealment or mistake(as the case may be) or could with reasonable diligence have discovered it).in that respect i paid the charges mistakenly thinking they where lawful and the bank concealed there true nature.(ie they where unfair and disproportionate). any way day comes and they send young lady who tells me on the way in she is the barrister for barclays and gives me a look as if i am something she had stood in. I was expecting it to be struck out and award them costs but he was not impressed with the legal team at barclays and he could not see a defence and was annoyed they had not acknowledged the judgement (at which i piped up there was a communication problem at barclays HQ as reported in the press last week bailiffs had been there to remove computers and art work she lost her way at this and implied i was out of my depth which made him more mad and she quoted OFT V Abbey National supreme court 2009 decision which she had no case law with her.And then asked for case to be struck out and them to be awarded costs at this point he asked if i had incurred any costs for attending as i am self employed i said loss of earnings i thought for a moment he was going to give me judgement and we could all go home but he criticised barclays legal team and sympathised with her for not being sent with a propper defence and expecting him to throw the case out he has given them 28 days to get things together and send a copy to me.he told me to write a list of my expenses and for the next hearing i left feeling bewilderd but not really knowing what my next move is or if i can get a result any help and thoughts would be helpful thanks in advance ian
  7. hi need some advice have rented a indoor market stall from wrexham council for over ten years.have had really bad time last three months and fell behind with my rent there is a new lady in charge of the debtors section for the council who is quiet aggressive with me and other traders if we fall into arrears. i owe roughly £950 pounds rent and have had two reminders for this.yesterday a bailiff from rossendales turned up showed me his badge and came in the stall he gave me a bill with £300 pound charges on top of the £950 and wanted all the money straight away and started to do an inventory of my stock for seizure i explained i could not pay so he said he would accept half the money now and half in a month this was very distressing and caused me a lot of anxiety i phoned the head of the debtors section but was told she was in a meeting all morning in the end as he was about to take my stock he rang his boss who accepted some cash now and the rest over six weeks should i had not been informed that the bailiff was going too call or does she have the right to do this. my wife has spoken to this lady to explain our situation and she talks over you in a conversation and says if you cant pay your rent you should not be in the market.she is not very helpful and cant see that i am trying too keep my self in employment and does not take into account the ten years trouble free relationship i have had with the council.Basically can she just send a bailiff in without giving me prior warning.thanks in advance iklt
  8. yes i gave them my full name and address where i was when i took the loans out and yes they were probably paid off by 2004 so does that mean i cant get that information because it is so old thanks ian
  9. Hi had two loans with the AA about 2000 to 2004 and i am 99% sure they had PPI on them so sent SAR template letter. plus the £10 fee explained in the letter that i had no statements or account numbers for the two loans. they replied straight away saying i provided insufficient details to locate any AA accounts. we wiil be unable to process your request until we have these alternatively you can contact us to arrange the return of your fee. I wrote back telling them again i do not have any account numbers or statement of accounts but they dont read what i am telling them and another letter comes telling me the same as the first they can not process my request without this information.they apologise for any inconvenience but to enable your request to be dealt with, you must return the enclosed together with the required details as soon as possible. how many times do i have to tell them i dont have this information till they get the message. and what is my next plan of action.and can they just keep telling me to provide the info i do not have. any advise would be welcome a big thanks in advance cheers ian
  10. thanks dx100 will get on to it today and let you know the outcome cheers ian
  11. First a big thanks to the cag site team in advance when everything went wrong in my finances this is the site that has helped me claim money back sort out a dmp and see light at the end of the tunnel.# I have sent black horse a sar and it has come back with a result On the 28/04/03 i purchased a car from the now defunct james edwards car dealership in chester the sales person was insistant i take out the ppi implying i would have a better chance of getting the finance if i had the insurance the loan was over 48 monthly payments and went like this first schedule cash price of goods £9540.00 deduct cash deposit £3500.00 amount of credit £6040.00 plus hire purchase charges £1227.24 acceptance fee £95.00 purchase fee £50.00 total charge for credit £1372.24 total amount payable £10912.24 APR 10.9% 48 payments of £153.38 second schedule cost of payment protection gold plan £1288.40 charge for credit £257.68 total amount payable £1548.08 APR 9.6% 48 PAYMENTS £32.21 £153.38 PLUS £32.21 =£185.59 all these payments were made on time with no missed payments or late payments the insurance was never used and the loan ran its course now i would like to claim this back and will down load a template letter but my problem is i do not understand the 8% intrest i can add and to which figure the 1548.08 and how long over a time period if someone could help me out with the final figure to demand from them this would be a great help thanks ian
  12. barclaycard account taken over by MKKR recovery still owe £700 so claimed ppi on account and settled with them for £607.31 BARCLAYCARD send me letter stateing they will offset refund against any arears on account so thought the whole lot would be swallowed up by MKKR BUT THEY HAVE PAID FULL REFUND AMOUNT INTO MY ACCOUNT RESULT cant understand why but not complaining has this happend to anyone else
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