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Everything posted by HadEnough

  1. I have total balance of card but the first two columns on the sheet are monthly spend and monthly payment, it is causing me more confusion as they couldn't give me the correct figures for 1999 so instead they have guessed a balance of 1327.44 for the first 12 months with ppi costs of £9.28. If its me being a but dim then my apologies but maths and computers has never been my strong point..
  2. I'm really struggling with that one due to lack of information. I don't have monthly balance or payment details.. the breakdown has total bal and ppi cost per month
  3. Ok thanks, ive worked out the compound interest but struggling find right sheet for 8% simply interest. The Fos spreadsheet requires all statements which I don't have. The breakdown they have sent me gives total bal, ppi cost, starting ppi balance, ending ppi bal, effective bal and 8% calc on closure. Can you point me in the right direction please?
  4. oh yeah, i now have all the ppi payments I have made so I can now work it out myself..
  5. hi again, thought i'd update and ask for some guidance. I received an offer after filling out the FOS questionaire (tried this as I wasn't getting anywhere with my SAR requests) The offer is significantly lower than what I have estimated. There was no interest rate provided or breakdown of how they reacged their offer amount. I refused the offer and had no reply so I called the FOS hoping that might help... I have just received the same offer with a breakdown but no indication of the rate they have used to calculate interest and the interest stops accruing in 2006 when i stopped the ppi, however, the 8% interest doesn't start accruing til after. I was going to continue with the FOS but they have told me it might take 12 months and I really need the money. I also noticed that there premiums offer doesn't even match what they have put in the breakdown sheet. (its £600 more according to that) Can anyone tell me what to do next as I'm going to have go down the court route.. Thanks
  6. Yeah, I had the same thought, I got her name and got her to send me a letter stating what, when and why. Mind you even with this I fully expect to have problem come July 20th. Call me a cynic lol
  7. Hi, thanx for your replies. Well someone has phoned back and tried to avoid answering my question as to how long I had been given back in Oct, 6 months or 12. I had to say that they must have the info otherwise why am I receiving ESA? She then admitted that I'd been given 12 months and quickly added that I shouldn't have got the form for at least 2 months, also said that I should NOT fill in the form and that she would ensure that ATOS knew the reasons. I feel there is something for everyone to consider here, Don't assume that they are allowing the correct amount of time between decisions, if you think it's to soon, complain, it worked for me. As for the form coming from and going back to ATOS I'll have to research this but the last time I checked it was the DWP who decided if you should be referred to ATOS for a "medical" ( I use the term very loosely) and NOT ATOS itself. Thanx again guys
  8. HI all, me again. Just a couple of quick questions regarding the dreaded ESA50,,,,, 1, I've just received one and have just rung the dwp about my last form asking when the decision was made, he said it was made 18/10/11, so it's over six months so they must have given me 12 months esa, well to my thinking. When I asked him why I've received the form 4 months early he couldn't answer and said he'd get someone to ring me to discuss my concerns. Has anyone had this happen? 2, I notice that the form came from ATOS and has to be sent back to them, is this usual practice? I thought the esa50 went to a decision maker not ATOS? Any answers would be greatly appreciated. Thanx Jimi
  9. We seem to be going round in circles, we've been through this earlier in the thread. My thoughts are that the limitation act can be waived as the 6 years starts from the date when you could be reasonably expected to realise there is a cause of action, i n the same way that bank charge have been and still are being claimed back WAY beyond 6 years. That said I think I'll take the easy way and just claim back any charges, PPI and everything I've paid to CCM since 2005. I've roughly worked it out and it should be over 6k, I'll claim the PPI seperately as this doesn't need a Judge to decide and I'm suffering financial difficulties and this will keep the rest of the claim well below the 5k small claims limit. I feel that if I went for the full amount I wouldn't have the time in my busy day to get to know the relevent laws as fully as I'm sure I'd need, as I'd expect CCM to have representation and fight this tooth and nail. I know I would if I'd bought a debt and was then faced with having to pay out twice as much as they expected to gain, although I do admit I'd love to do it . Thanx once again for all your input guys.
  10. I'd have thought that as I was still making payments then it's NOT sb'd as the account is still live? I thought the six years starts once the last payment is made? If it's different then how have I claimed bank charges back way older than 6 years? Also as I was deceived into signing the car over and into making payments which I wasn't liable for would count for something? So confused now?
  11. They said that they were going send me the info then said that they were not sending me anything. As for why I feel they owe me some or all the money back is because I was lied to and forced to sign the car over to them and forced to sign an agreement to carry on paying for the car at a reduced rate. I had paid almost 50%, or maybe just over 50%, when I asked if I could pay what was outstanding, about £400 they said I could only pay the full amount, about 6k, or they would be starting a CCJ that afternoon and I'd get a CCJ and costs if I didn't sign the car over THERE and THEN. Then of course theres PPI and unlawful charges. All this is explained in more detail earlier in this thread. Thanx
  12. I thought I'd up date on what's happened which is not a lot. They have refused to send me any info what so ever. i'm thinking that I will just send a LBA asking for the full amount of the car which was around 12k and inform them that they have forced me into doing this because of their refusal, also saying unlawful rescission of contract and warning that I'll be using civil procedure to get the info they are unlawfully withholding from me. I'll also be asking for a refund of the money I paid them for the SAR.. Any thoughts?
  13. I don't know why but I cant add attachments either? Sry I can't help you
  14. Hi, thanks for the replies, as far as proving the condition would have been the same in 03 as 10 should be straight forward, well for a decent lawyer, its a common problem in the area because of the filling they put under the floors, which is basically ash which compacts down over time, the real problem is only serious if it gets damp which causes what they call sulphate heave, now in 03 and 10 the sub floors were in the same condition but when they carried out the 10 survey they only confirmed that sulphate heave COULD be a future problem IF it got damp, which it hasn't, so if they'd followed the mortgage co's request in 03 they would have confirmed the same thing. Yeah it's going to cost around 9 grand to do the floors and even more because we'd have to move out for a short time. We've tried home insurance as above so that looks like a no go and I doubt car insurance would cover it but i'll try and as for credit cards I've learnt my lesson there and got rid of em lol. Thanks again for your input, much appreciated.
  15. HI all, a bit of background first,, Back in 2003 I bought a house, but while the mortgage companies valuer was assessing the house a problem was noticed. The mortgage co instructed a full survey on the problem which was sunken solid floors. Anyway, the report came back saying there was no need for a full survey as this is a common problem in the area and was historical settlement and needed cosmetic levelling only. Skip forward to 2010 when I tried to sell it, I found a buyer, their mortgage co sent an assessor and he mentioned the floors so I gave him a copy of the 03 report. Long story short, their mortgage company wanted to have the floors checked anyway so they instructed the same company as was used in 03 with the same brief. They DID as was asked of them this time and dug up a section of my newly levelled and tiled floor and did their tests, with me all the while thinking I had nothing to worry about. The report came back saying that the floors were F****d and I couldn't sell it in that condition:jaw: Anyway on to my question,, I tried to start a claim against the survey co through my present insurance co but they have turned me down saying that as my claim originated in either 03 or 10 my present policy doesn't cover me. So which insurance co should I be chasing, the one at the time of the purchase or the one at the time of the second report? Thanks in advance H E
  16. Hi there. I can't really offer much advice but as I'm going through a similar thing as you I would suggest that you shouldn't be paying anything at all. If you could post a few more details so others more knowledgeable will have more to get their teeth into. Did they send you a default notice? Did they send a termination notice? Did you sign a VS (voluntary surrender) form? Was there PPI? Was there default charges added? Do you have all the paperwork? If not you might be best to send a SAR. Hopefully some-one who can offer more solid advice will be along shortly. Good luck
  17. Thanks for the replies, Sorry not got back earlier but had a bit of family problem, to answer some points. The monthly payments were what was on the agreement (£218.67 pm), I can find no payments going out for the PPI separately so looks like none was paid, which I'm surprised about because they told me it was compulsory. Thanks for sorting the docs for dx, I'm not so good with technology. I think my next move will be to write to them asking if they are seriously collecting without anything to say they can collect and to try to get an unequivocal answer about "their client" and the destroyed docs, ie civil evidence act ect.
  18. Hi again, Thanks Gaston I'll get on it and see if we can make sense of it all. DX, I know I owe nothing, unfortunately I doubt Knowing it and just stopping payment is going to make this go away. So I'm gonna need to find a genuine reason to stop paying. Then I have of course, to use your own term, been cash cowed, so I want that money back. I'm gonna have to build a case to prove everything I can that is wrong with what's happened so I'm starting with the basics, such as checking their figures are correct. To be honest with the very limited paperwork I've managed to squeeze out of them I'll have a job to prove anything and any claim is likely to end up as an estimate, so if their figures are wrong that's my best chance. Because of this lack of paperwork even working out the PPI is going to be difficult because it's on a different page of the agreement and doesn't seem to be included in my repayments or even in their figures. Then we go on to the unlawful charges, on the limited paperwork I have there's no clues as to how much they charge, I can work out when she's been charged from her bank statements but it doesn't tell me how much they've added onto the account which they've then charged interest on. So that's why I'm checking the figures work out because it's just about the only thing I have to work with. All I have is a very poor photocopy of the agreement and about 10 pages of screen shots basically showing the run up to the repo and the VS form. And while I know that the repo was very dodgy and they lied and deceived her ( I was there and asked all the right questions, he just told us we we're wrong and if she didn't sign there and then, their litigation team would be filing that day and she would incur extra costs and get a ccj against her) it would end up a case of "he said, she said", and we don't fancy going to court with what amounts to hearsay. Thanks
  19. Ahh just realised my mistake with the £400, it's the deposit lol, just ignore that bit plz It's amazing what you miss while staring at it, then notice after you write it down
  20. Hi everyone, I 'm updating HadEnough's thread as I've been helping her try to get to the bottom of this, and I was also there when she was "diddled" into surrendering her car. Just to give more info which might help you to help her (and me) ,,,,,, The agreement is a,, "conditional sale agreement regulated by the consumer credit act 1974", below are the figures as copied from the agreement,,,,,,,, Cash price of vehicle = £10747.43 deposit -£400.00 this was old car total advance payment= £400.00 amount of credit = £10347.43 so far so good add; interest £1681.19 credit facility fee £85.00 total charge for credit £1766.19 still good (well not really, see problems with interest below). * £12113.62 guessing this is the total of the above as it adds up. Total amount payable = #£12513.62 so the * total is fine but £400 has appeared out of nowhere here #. Possible gap or PP insurance? Not gap as it cost £199.00. Problem with interest on loan. I'm starting to doubt my sanity now because depending on which calc I use I get various figures, none seem to match so I know I must be working it out wrong, so if some-one would be kind enough to check my method and figures i'd be gratefull. How i worked it out was on the basis of HadEnough paying for 36 months and then a balloon payment after 36 months. So if i go with the amount of credit figure of 10347.43 which is the correct way, then total interest @ 8.1% over the 36 months would be £1342.79 not the figure on the agreement of £1681.19. This leaves a difference of £338.40 more for HadEnough to pay. If it does turn out that they've charged to much interest right from the start would I be right to assume that all monies paid must be returned because the agreement was fatally flawed from the start? I ask because it would save her having to argue that the VS was obtained through deceit? Following the same lines of thinking it would save her having to claim seperately for PPI and charges? Now the repayments. Ok so 35 payments of £218.67, plus the first payment of £303.67, which is 36 payments, equals £7957.12. Now add the £4156.50 balloon payment and I get £12113.62 which is the lower figure above so why the extra £400.00 of the higher figure? I'm not sure if this makes any difference to her but I don't like figures which look like they shouldn't be there. This hopefully might not be needed but I'll ask anyway. The only info I can find on the PPI just says word for word,,, life and critical illness monthly premium = £13.12. life and unemployment monthly premium = £26.24. Over 36 months this adds up to £1416.96 so this can't be the reason for any of the above discrepancies (I think). At this point I was going to ask, have they charged interest on this? But from the figures above they don't seem to be taking these payments at all? They've said nothing about PPI payments so am I going mad? I'll have to check her bank statements to see if a seperate payment was going out for this but I think I may not understand all this as well as I thought I did. Thanks for reading and all help will be great even if it's to correct me
  21. Thanx DX, I'm gonna get a friend to post for me in a sec as he's been helping me and thinks he's found some problems which might change thing a bit.
  22. Well I received another batch of paperwork containing the signed surrender letter plus notes, however they are very vague in content but it does say on one of these pages a 1/3 paid, which means that the guy knew when he came to see me that I didn't need to have paid 1/2 as he told me.. By coincidence and accident I answered the phone to them today but instead of them asking why I had stopped the DD and did I want to make a payment, they were ringing to offer me a settlement figure of 50% to clear the debt. I said no thanks and that the account was indispute, they asked why, so I briefly explained. He unwittingly informed me that they had bought the debt and first national have ceased trading, I asked why I had no notice of assignment or any information infact to prove thay owned the debt. He said it was because it was six years past and any info prior had been destroyed. I also mentioned the PPI to which he said 'Its in the small print that self employed people can't claim'. LOL. He obviously doesn't watch TV or listen to the radio... Or use his brain cells very often.... I mentioned the fact that I had been told that I needed to have paid more than1/2 to the phone advisor who said they didn't have any of the paperwork with this info on and if this is the case that I should send them a copy and they will address it. PPI cost £39 p/mth!!
  23. Well, I finally received my SAR after nearly 2 months! They sent a letter saying I had't sent payment for the sar after they received my failure to comply letter, but i was on the ball and had proof of postage and a photo of the cheque from the bank. They then sent me the sar but they weren't proper statements and they had deleted everything bar the balance that predates 6 years!! I called to see why it did not show any payments going in or out of my account before 2006 and you guessed it they said they did not have to give me any information before that as it is past the statute limitations act time limit. (I know don't call but I was curious and didnt cotton on at first why the miht have done this) I have now wrote another letter and reported them to the ICo after calling them for advice today. Lets see what they come up with next...
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