The original debt was a HP agreement with First national finance for a brand new MG Rover ZR. The agreement was three years paying £218 per month. At the end of the three years I was to give back the car or pay the balloon payment of £4156.50. I defaulted on the last four payments however, I did keep in touch explaining that I was waiting on a remortagage and that I was out of work sick which is why I had missed the payments. I was contacted by the company and told that a 'debt advisor' from the company must visit to discuss any options I have. I was never told then that I could have given back the car with only the arrears to pay as I had paid over the £6224 that the credit agreement states I could do should I want to terminate the agreement. (I had lost the original copy of the agreement when I moved two years before) When the 'debt advisor' which I now know to be a collection agent called round to see me and my partner at the time we were told that the only option we had was to voluntarily surrender the vehicle and failure to do so then and there would result in a court order being obtained immediately along with court costs and a CCJ. As I was younger and more nieve then I signed it over but only after asking him to see the original agreement which he said he didn't have. I also enquired as to the fact that I had paid over a 1/3 so surely i had more rights, to which he said 'No you needed to have paid over half of the costs and that didn't apply anyway as i was in arrears. I had discussed with the original finance company that I was trying to sell it to pay off the balloon payment and arrears and even then they never told me about my right to terminate. I signed the car over and they took it away to sell at auction. I have never received evidence of sale or know what it went for. They set up DD to pay £20 per month and all the info I was given was the amount I owed them after the sale of the car. In total the debt to the original debtor was £5224, only £849 was arrears. I did offer to pay the arrears off by the time the debt advisor came but he said it was too late. The car was to be handed back the week before and wouldn't allow me to do that. I have been paying the debt ever since until last year I came accross the original doc stating my rights over termination and I noticed the PPI amount too. I then put the account into dispute, SAR'd them. To which they sent a few bits of paper of phone calls and the VS. I then received a letter after I told them I wanted ALL info on me and they replied with a refusal as it was beyond 6 years. So I sent a PPI claim letter and I received a letter stating I didn't pay it and the attached copy of the original agreement (they obviously decided it was ok to send it to deny a PPI claim) with a penned line right through the middle. Mine doesn't have a line through. However, I can not find anywhere that I paid it unless it was part of the cars cost on the agreement. I think that is everything.

Hi, Yes I did and thge info in post 63 is what I received back. They have given up hassling me for the 700 outstanding on the account since I sent a letter disputing the debt. Their reply last year was a flat refusal to send any original docs as they statute barred however, they sent a copy of the original agreement with the pen through the PPI to 'prove' I haven't paid PPI. They are now back to harassing me by phone...

I've had another credit report and there is nothing on there for the debt at all. Anybody?? can you offer me any advice please. Is it important to my case for refunding all payments made to them? Shall I mention this in my letter? I want to claim the whole amount back that I've paid but need help with any relevant laws.

I received a copy of original doc for car agreement and ppi with thick penned line through the ppi stage, mine does not show this line or a sig. however, unless the PPI is in the car cost I cant find evidence of payment. Setting PPI a side I am going to write a letter claiming back all payments made due to their deceitful behaviour. The debt was clearly £800 not £5224. They have never sent me any evidence of the car sale after they took it, surely this is standard practice to prove sale. They also sent a letter last year when I put the account in dispute saying they werent legally obiliged to send docs beyond 6 years yet they suddenly come up with a doc apparently confirming no PPi being paid, so why the deceit?? Can anyone give me help with the wording or any legal arguments I can use please? I have taken what I think will help form post 23 of this thread as you ahve suggested dx but need a bit more help please. I know im dragging this out but now im off sick for a few weeks I am on it and egar to sort this out. I have checked two credit reference agencies so far and no record of this debt either. Going to check experian too and if thats clear does that mean they probably have recorded it at all? the others checked are noddle and equifax. thanks in advance for any help.

I have received the standard reply stating that they will look into my claim and get back to me within 10 weeks. They seem to have overlooked the fact that they have already through this stage. I am going to send an LBA now and prepare my POC's. Off sick now so I have lots of time to sort this.

I posted my letter giving two weeks and although I did ask if I could go straight to court I have decided to send asecond letter. My reasons are due to tge claim being just over 5000 (the small claims amount goes up in April) and im having an op so its better for me. I will be strict with response times though and I will prepare my Poc's in the mean time. Fingers crossed however I know they will take this as far as a court claim.

Thanks for the reply, however it is the letter requesting the payments back I paid the debt company, due to being cash cowed that I need help with. There is no paperwork to prove that I owed the debt apart from the 800 pounds arrears from the original credit agreement. I found a credit report that has no record of the debt, it was dated 2007, the original agreement ran from may 2002 to may 2005. That was on the report. I have a recent credit report which also has no record of the debt even though I only stopped paying it last year and I ended the payments before I'd finished paying.

Anybody? Can anyone advise me of what I can put in the letter asking for all the payments to be paid back please too?

well, I'm back on the war path and desparate to sort this out so I 've worked out the PPI plus contractual interest and 8% simple. Ive had to alter the template letter slightly so just want clarification that its ok to use. In the meantime I am going to draft a letter asking for all payments I have made to Bluestone to be refunded and my reasons for this. I belive its worth a try through small claims. this is the letter I am sending for ppi: DearSir or Madam, Ibought the above plan from First National Motor Finance. As you now own this account I wish to claim back my PPI premiums plus interest. This policy was mis-sold, I contend, for the following reason(s): - •I was self-employed and could not have claimed fully on the policy without ceasing work – a more onerous condition than someone employed. I was not informed or warned of this. Your staff stated or led me to believe that taking out a policy was a pre-condition of applying for a loan. •Your staff did not offer me a clear choice of the loan with and the loan without insurance. •Your staff did not give me an illustration showing the repayments with and without insurance until after I signed for the insurance. I now contend that I was mis-sold this policy. I claim back all the premiums and interest a tthe rate that I was charged on the account, (breakdown attached), I have paid in connection with this payment protection insurance policy to the amount of £3,091.19 plus statutory interest at 8% which totals £1,065.90. The total amount of this claim equals £4157.09 (or whatever other rate the courts might order) from the first payment that I made until the date of yoursettlement of this claim. If I do not receive a favourable response from youwithin two weeks I will pursue this claim through the courts.

I certainly will. Thanks citizenB

Thanks to you both for a quick reply, as they have given me the run around and made a lower offer already can I send an Lba straight away with my figures giving them two weeks to reply?

After much procrastination I have finally worked out the total charges plus contractual interest at the purchase rate they charged me. The charges came £874.11 with contracyual compound interest of £3,372.68, this totals £4246.79. I have one question before I proceed if anyone can advise please? They have worked out that 8% is £636.10 up to April 2012. I am claiming this on top but I am going to ask that the recalculate this up to the date they pay me. i am also going to include in my letter evidence that I am self employed and explain that I did try to claim when off sick and was refused which is why the ppi was cancelled in 2005. My reasoning for this is due to their letter stating they still do not agree that the ppi was mis sold. Any advice please?

Hi, I'm trying to find account no's for accounts that i know had PPI on them but its been more than 6 years since I closed them. Is there any way I can find them as they are not on my credit file anymore.

Hi guys, sorry I didn't come back and update this thread but I needed to focus my energy to sorting this out. jackieandwayne thanx for your post it was nice to hear that someone has a good idea how hard it is to cope with the BPD, most people just think i'm an angry Ba****D. As far as going Vesuvius on him I just daren't, I'd not be able to stop lol. OK heres where I'm at,,,, After 4 months of battling with the council (meeting, letters and numerous e-mails to MP's heads of depts within the council ect to force some action) they eventually decided that I wasn't going to be fobbed off and even though they haven't declared me homeless they have now offered their support for my claim on the basis of me living there is having a very bad effect on my mental health. This basically means that I'll go into band B (second highest band and the same band I'd go in if I was declared homeless) and not band E (the lowest band) so quite happy with this. Back in April I also signed up to the social housing list (select move), I think i mentioned this above. They needed proof of my medical conditions, proof of I.D, and a S.A.R from the Police, They sent me a SAR for the police which I handed into the police as soon as I could. The Police finally (05/08/12) sent me the blank piece of paper which is my criminal record which I took into the select move office that day, I also retook my I.D. The Lady took photo copies and said that I should be good to go:-), yippee I thought but I asked her to check that the claim complete because I really need to get out of there (the flat) ASAP. She said that I needed to fill out a medical questionnaire, I told her to check again as I'd filled one in back in April, she agreed and said all was fine. I thought i was finally getting somewhere after 4 months of hell, I was soo wrong. When I logged on to their site to bid on somewhere I had no bidding rights so I phoned them. The Lady said that I needed to fill in a Medical form, I told her that I had in April and that i know that they have it because of whet happened at reception 3 day before, she agreed but said that I needed to sign a declaration. I asked why I wasn't told this while I was there the other day, we are sorry blah blah. So once again I walked the 5 miles to the office, and then the five miles back (I can't use public transport because of my illness). I got there and asked for the declaration and signed. I then asked again if there was anything else needed, answer was that I needed to fill in the god damned medical form, I calmly screamed at her to check again, oh there it is, "no need you've already done it"she said she'd tell whoever is looking after my claim. (honestly this would be funny if I wasn't so desperate to move). So I missed that round of bidding, bidding is Saturday through to Wednesday, but come the next round I could bid. I bid on 3 flats and on Monday I logged on see where I was in the bidding, all my bids had been deleted. I phoned them and was told that they were awaiting reports from my GP, I asked why this hadn't been done earlier as my claim had been submitted in April, almost 5 months earlier, she said that she didn't know and that she would get my claim handler to phone me as she's off work today. She phoned and apologised it hadn't been done until now but they were unaware that I was claiming on medical grounds, back to the mysteriously disappearing medical form. Obviously I ranted a bit but there nothing I could do. My claim was put on hold until my GP replied. I received a call on Friday saying that my claim was now active so I could bid, I thought I was finally good to go. First thing Saturday morning I logged on to bid, found a flat which would be perfect, I thought that I have a good chance as I'm in band B, placed the bid and I was 55th in line, wtf? 55th and bidding had only been open for 4 hours, bidding opens at mid night Friday. Almost up to date lol. So this morning I phoned to find out what's going on and was told that I had been put in band E. As an added bonus I bet you'll never guess what they want me to fill in now???,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Got it yet?,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, yes a medical form but they haven't misplaced it this time, they say there's not enough info on the 1 I filled out way back in April, when I asked why it had taken them over 5 MONTHS to discover this they had no answer, at least I can carry on bidding on flats I have ZERO chance of getting, I spent 18 months in band E 3 years ago so I know I'd be wasting my time. Ok rant over, I now need to figure out what the hell I'm going to do. I haven't got the energy to carry on with this, it's like everyone but me is completely disinterested in what I'm going through, I feel that the system is against me and every hurdle they put in my way seems to get higher and to top it off I'm still being harassed by the neighbour, banging on my (internal) door, buzzer being buzzed in the early morning (pieces of paper jammed in the buzzer) and every time I see him (5 or6 times a week) he stares, it's not a nice stare. Been to the council, they said get in touch with the letting agent, letting agent says go to police, Police say there's nothing they can do without evidence, I can't get evidence because I'm NOT opening my door again when someone is banging loudly on it, he's only doing it because he thinks I'm a pussy because I didn't hit him last time (I'm not a pussy, 6" tall, 15 stone ex skinhead), but I know if I hit him I won't be able to stop. RANT DEFINITELY OVER NOW lol. I'm thinking of seeking legal advice or maybe shelter because I can't deal with this anymore, I'm gonna end up doing something really stupid if I carry on. Anyone been in a similar situation who can advise? Oh and as an extra bonus I just received the dreaded ESA50 lol. Thanx Jimi

Hi all, just thought I'd chip in with what I'd do/did, I'd write in EVERY space on the form that " you've won your appeal on X date with a recommendation for 24 months and to leave me the F**K ALONE". I don't say this flippantly, I have done this and far worse, just check my atos threads, it's worked for me. I received a ESA 50 about 3 months ago which I thought was a bit early so I phoned them and asked what they were playing at, when I got nowhere I asked for a manager who wasn't available. When they phoned back they said sorry right away (obviously they had checked me /my claim out) and told me to ignore it, so it could be worth ringing and speaking to someone high up? I only gained 3 months grace as I just received another today:sad: Whatever you do I wish you luck.

I have sent an LBA but it was failure to comply with a SAR, am I best sending another with the figure I am claiming?

My last letter was an LBA before I referred it to FOS. I will re read your thread as its been a while and i could with refreshing my mind. Is there anywhere I can get guidance on filling out the POC's? looking forward to getting this sorted..

Thats great thanks for your help, I am going through court as FOS advised thgat it would take up to a year anyway. When I claimed bank charges back sometime ago i used the banks unaurthorised borrowing rate, could I do that here or am I being greedy? I feel I deserve compensating as they have messed me about for a year and that was only for SAR. Do I need to send an LBA as they have already stated they will not deal with again on this matter? Also do I need to work out the 8% or do you courts decide and award what they want? Really appreciate your guidance with this matter.

yes because I know they owe me much more and won't budge on their offer

The CI is wrong, it should be alot more. worked it out using CI ss but can't work out how to do 8%. Going down court route so can I claim 8% on each ppi charge?

Ok, can you tell me how I work it out with the figures I have please?

No the account hasn't been running for sometime. The PPI was stopped in 2005 when I tried to claim on it without success and the account was closed 2008.

second time lucky?? Full page photo1.pdf Full page photo.pdf

I've tried but it won't convert the jpg.. going to try it again.

Thanks for the help, not sure i've done it right.. This is both sides so you can see how they have worked the figures out with regards to 8% simple.