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SUNDERLAND1

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  1. Hi cjcregg, we could not go to the FOS anyway, its already been with them after the 1st complaint as explained in post 22. What do you think about my theory regarding the time we made our 1st complaint ? i just get the feeling if we had not complained about this until after the banks lost their case in the high court and began being more cooperative and upholding customer complaints (shall we say with less fight than they had been) the outcome may have been different. Thanks Steve.
  2. Thanks for the feedback folks, i was hoping someone would say "Yes" its definitely worth asking them to look at the full PPI complaint again. Hi Dx, no we have not sent a SAR to canada square, im not sure though that they would be the people to send a SAR to? Are they not just an agent handling complaints on behalf of lending companies ? If we were to SAR anyone would future mortgages or their parent company Citi group not be the correct company to go to ? Can i ask what the purpose of a SAR at this stage would be ? If its so that we can see documents that we may have now discarded that is unlikely as i kept copies of absolutely everything, i have the application form, the offer of loan, credit agreement, insurance terms and conditions etc etc. I also believe that they still have copies of the same documents (or at least they did in 2009 when the CMC we were using first complained on our behalf) the rejection letter that they sent the CMC back in 2010 states that they had studied the credit agreement, insurance application form and needs analysis form. Im 100% convinced we have a legitimate complaint, we have been paid out over the last few years off many high street lenders for similar reasons of complaint without any fuss. I cant help but feel that complaining back in the early days (2009) has not helped us, if i remember correctly at that time the lenders were somewhat digging their heals in and refusing many PPI complaints. Did the banks also not try going to court after 2010 to get the whole PPI thing Stopped, but lost ? Then after the court case things in general seemed to get a whole lot easier for everyone. Any further thoughts much appreciated folks, thanks steve.
  3. Sorry for the delay in responding, I'm not too IT savvy when it comes to scanning the letter so i will just have to briefly explain what the letter from Canada square says. If it's really necessary to scan the letter I will have to get someone to help me later. Canada square have rejected our claim for the full ppi, they say that because no fresh evidence of misselling was supplied they have not looked at the case again and stand by their original decision. Interestingly they included a copy of their original rejection letter which was sent to the CMC we were using when we first complained. This is the first time we have seen this letter. They have upheld our complaint on the plevin ruling. We have received a cheque each for approx £2700 after the tax was deducted. The amount they have paid us before interest and stat interest equates to approx 33% of the PPI premium ( ours was front loaded in a lump sum onto our secured loan ). They have also said that if we bank the cheques that would be considered as us accepting their offer as full and final settlement and we would have no recourse to complain further re this account. We have not banked the cheques yet. Questions : 1, is it worth writing back to them to ask them to look again at the full ppi complaint as we believe it was missold. 2, am I correct in believing a plevin complaint can only be successful if the commission was over 50%. 3, am I correct in believing that if you get compensation under the plevin rule you only get back the commission over 50% and not the first 50% itself. Then obviously interest and stat interest on top. 4, are their threats regarding banking the cheques lawful, can we not bank the cheques and also complain further if we wanted to. Thanks Steve.
  4. An update and some advice needed please. Well the fos looked at our complaint for years, they never actually gave any indication of whether or not they thought our ppi was mis sold. We got regular letters from them informing us they were trying to ascertain who a complaint could be lodged against and whether or not the fos had the authority to look into the complaint. In January 2016 we got a final letter from them informing us they had pinpointed the relevant companies who would be responsible for a complaint however the fos could not act due to the ppi being sold to us prior to the 14th of January 2005. So we gave up hope. Out of the blue in November 2017 we received a letter from Canada square operations inviting us to put in a new type of complaint (obviously the plevin ruling). I did a little research and found that Canada square are now handling ppi complaints for a number of companies one of which is future mortgages. I also did a little research into the plevin ruling and mistakingly believed that we would not be able to complain via this route so I did not reply to Canada square and again gave up hope. My partner persuaded me recently to put in fresh complaints with Canada square before the deadline ran out. This I did and we have had a reply from them, I will put this information into my next post so as not to make this post too long. Thanks Steve.
  5. Hi dx, It is titled "PPI reclaim loans.co.uk future mortgages [citi group] - FOS taking ages" i started it on 1/7/2012 and it was last commented on 12/7/2012. Thanks
  6. Hi im trying to leave a message on an old ppi thread of mine but it is locked, probably due to the length of time since it was last commented on. At the top it says to flag it up to the site team if you want to leave a comment, but im not sure how to do this. Thanks for any help.
  7. Hi, i am not sure if this has been discussed before, i have a feeling it probably has. My partner has claimed carers allowance for looking after her uncle for the last 3 years. She has also quite often worked part time. She has always told me she was allowed to work 15 hours per week and she has always stuck to this limit. However i have looked into it and found that the limit is how much you earn not how many hours you work. Her jobs have always been minimum wage so they have actually kept her just under the earnings limit. This is where i think this subject may have been discussed before, obviously in april 2019 the increase in NMW and the carers earnings limit increase resulted in someone working 15 hours at NMW being 15p over the limit. My partner had no idea she was earning too much until a letter arrived a few weeks ago from the carers people. They suspended her claim and she had to fill a form in detailing her working hours and earnings etc over a certain period. My partner sought advice from the CAB who said this would be overlooked as it was such a small amount (15p). She received a letter on saturday saying she was not entitled to carers from april 2019 until sep 2019, (she stopped working in september and is not currently working). The letter does not say what they intend to do as she has already received her payments for this period. I have a feeling another letter may be on its way telling her to pay it back ? Surely this can not be right ? Another point to mention is that my partner had £2 per week taken from her wages for her uniform, i put this down as an allowable expense but they have completely ignored this and not even mentioned it in the letter they sent out on saturday. As far as i was aware work uniform or equipment should be classed as an allowable expense, this in effect would take her below the carers earnings limit. Has anyone had a similar experience or can offer any advice ? I seriously cant believe they are doing this over 15p per week. Thanks in advance Steve.
  8. Hi can anyone tell me who is responsible for the cost of returning a faulty item ?? I bought a watch from an ebay seller that arrived not working. The seller tried to resolve the problem by sending me a new battery but the new battery made no difference the watch is obviously faulty. I have raised a dispute with paypal who have messaged me today saying i am entitled to a refund once the watch is returned using a postal service that is online trackable. Paypal also say i am responsible for the postage costs. I thought the sale of goods act says the seller is responsible ?? Any advice much appreciated thanks. Steve.
  9. Hi DX100, would you agree that my best course of action is to ring the breakdown company tomorrow and explain that i do not require the cover and ask for a refund ?? I was wondering if i could use "A cooling off period" tactic ?? Also regarding the actual payment being allowed to go through in the first place, could you advise if you think this is the sort of thing that can happen in banking sometimes ?? At the end of the day the cancelled card details are the only details the breakdown company were given 12 months ago, ie 16 digit card number, valid from date and 3 digit security number. I did not give them my bank account number or sortcode. It seems bizzare to me that a card cancelled due to fraud can then allow months later a recurring payment to go through or am i missing something here. Am i being too simplistic here imagining someone at the breakdown company entering my card details into some sort of computer or card machine and the payment goes through. how can that happen ?? Thanks Steve.
  10. Nothing at all. To be precise it was not me who cancelled the card it was Santander. I got a phone call from santander fraud team in september last year asking about a transaction that was being attempted in albania using my card details. When i assured them it was not me they said that my card would have to be cancelled as fraudsters had obviously stolen my details. They said a new card with new 16 digit number and security number on the back would have to be issued. There was no mention from the santander operative about any recurring payments i may have on the card. Thanks.
  11. Thanks for the reply folks. Unless im missing something here im still not sure whether i have a case here or not. Your replies certainly give the impression that i do. Ive had a good read of your post DX100 and to be honest im still not sure if its me who is at fault here. Just to clarify, I took the breakdown cover out a year ago on the full understanding it was a recurring payment unless i cancelled it. I did not cancel the payment either with the breakdown company or my bank, i simply relied on the fact that the card details held by the breakdown company were for a cancelled card and would no longer allow the payment to go through. Do i still have a case to ask santander to get a refund for me if the breakdown company refuse ?? Thanks Steve.
  12. Hi folks just looking for some advice with this one. I took out car breakdown membership one year ago and paid for a years cover in full using my debitcard. I was advised at the time that this was on a yearly recurring payment basis unless i cancelled. 6 months ago my card details were somehow obtained by fraudsters (luckily i did not loose any money) santander completely cancelled my old card that i had used 6 months earlier to buy the breakdown cover and i was issued with a new card with new 16 digit number. A few weeks ago the breakdown cover renewal letter landed on the doormat saying they were taking x amount using card ending and quoted the last four digits of my old cancelled debitcard. I had already decided not to renew the breakdown cover but i did not inform the breakdown company as i was confident they would not be able to collect payment using my old cancelled card ?? Low and behold i have checked my account online and the payment is in the system waiting to come out of my account. I have rang santander and they claim that the breakdown company have used the card number from my new debitcard not the old cancelled card. They advised me to ring the breakdown company to see if they would agree to a refund. The breakdown company are not available until tomorrow (Apart from breakdowns of course) But i am certain if i ask them for the last 4 digits of the card they have used to collect payment they will quote my old cancelled card. As stated earlier i also have it in black and white that they were going to collect payment using my old cancelled card. The last time i had any contact with the breakdown company was a year ago when i took out cover, i have not had a breakdown all year and have never been in touch with them, it is impossible for them to have my new 16 digit card number. Anyone had a similar situation or can offer an explanation or advice would be much appreciated. Thanks Steve.
  13. The last payment i made was just an ordinary months payment that was due, then i never paid again as the payment amount was getting too much for me. I never acknowledged the debt either after that last payment i ignored all phone calls and letters. As for the CCA request, the transaction sheet was all i got with a promise of more documents to follow once they had been in contact with the original lender. That was march 2014. Not a sniff of an agreement.
  14. The transaction sheet goes back to 2006 but shows last payment on the account mid march 2009.
  15. CCA request sent and received by lowell in january 2014. Letter received from BW April 2014, (After i had applied for set-a-side but before a hearing date had been allocated) the letter said it "Enclosed documents requested". Enclosed was one sheet of A4 paper with my name, DOB, an account number, an account opening date, a default date, current balance a summary of transactions in the last 6 years and a detailed summary of transactions from the last 3 years. So detailed that this all fitted one one side of an A4 sheet of paper. The letter closes by saying "We are still awaiting further documents from our client which we will forward to you upon receipt." Needless to say i assume they mean the agreement and needless to say again nothing has been forth coming.
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