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Everything posted by anney63

  1. I am Pensioner and have been paying off an old credit card debt to TESCO credit card for a few years at £5 a month cleared off some of the debt with Previn ppi but still over 4K it just seems never ending tried to get it written off but no luck My husband died suddenly 12years ago so was left with debt no insurance etc . I’ve just looked at copy agreement they sent me from 1998 and it states application form . Everything else is just printed copies Original copy of credit agreement (which is the application form 1998) Original Copy of terms and conditions current copy of credit agreement as varied current copy of terms and conditions as varied current statement of account (which is the first I’ve had in years) is this enforceable I’m 77 now and I will be 157 before this is clear . I don’t have any assets . If I stop paying what can they do ?
  2. Well I lost my case and to make it worse the judge put the debt back to £5000 even though I had already paid 1900. I didnt take my bank statements showing payments. I now have a judgement of £6000+ . I cant pay so will have to wait for paperwork and see what next move is . He had a load of witness statements which were in effect character assassinations nothing to do with the debt. Took 27 of my dead wife's family and friends with him. Whole thing very traumatic . Cant believe the judge put the debt up more. Said I created another contract with my wording in my statement I said that I would honour the debt when He pressured me a week after the accident when I had lost my wife and at an all time low. I was honest in my witness statement a lot of good that's done me. I also had to take a load of verbal abuse outside court. All this because I have found someone else. Can I do anything about claiming my £1900 back.? Still not received my judgement paperwork back . This is now going to affect my remortgaging in 2 years time I presume. I just feel numb and have lost faith in our legal system I would have been better off not turning up at all.
  3. He is stating that I knew about the loan which i didnt until after her death. He has stated on his claim form that there are witnesses. The worry I have is that I started paying him 250 per month but stopped when advised i am not liable. I have bank statements showing the money going into my wifes account and coming out to other accounts but I have no idea where to . He has also included in his claim £10 from a family meal and a bill for a solicitor. I have no copy of the bill im not disputing it but I have requested a copy in response to his letter before action. This has not been received. There actually is no proof of debt at all . I just dont relish going to court and seeing all my deceased partners relatives standing making false statements , I just want to move on now but this isnt going to go away. My defense will have to be in by 4th March which Im ok with doing. What happens next.?
  4. Well Hes done it Ive got a claim on line. Im going to strongly defend it. I also have copies of messages from my wife to him discussing the loan. All very secretive and paid into her account . I have since sold the house and given her 2 sons aged 21 and 18 her share . This has all come about as I have met someone. If I counter claim it will cost me funds I cant really afford . I just want him to leave me alone. There is nothing to show that I had any money off him.
  5. The brother in law because I stopped pay and told him I had no idea what the debt was and he arranged it and paid to my wife without my knowledge can’t even tell me what it was for
  6. My brother in law asked me to pay back a loan of a few thousand pounds after my wife was killed in an accident . At the time I was grieving and vunerable and also embarrassed as I didn’t know about it I started paying him back to date I have paid over half and have decided to stop paying as I had no idea what it was for and didn’t see the money . I’m now being threatened with county court if this happens should I counter claim for the money I’ve paid as there is no proof and I just have no idea what it was for ???
  7. Complicated trust to make sure that house goes to children and no one else there is 8 in total one of them is the other ones daughter who is also the added trustee with her husband . Not really bothered about that anymore caused too many problems but I am concerned that they are acting illegally by not selling house if it can be sold at the market price or even putting it on the market . Hopefully solicitor can put a stop to it . Just thought someone on here might know if beneficiaries have a say . The problem apparently was that my inlaws had lived in the house for long time and got 50%discount on the house . Do the other husband paid the other 50% in cash for the house . So the trust names 8 children doesn't say what percentage each gets . So I've been told each gets and equal share my mil had 1 child and the other couple had 7 . When the husband said he was paying cash his children complained that he was spending their inheritance so when I got a solicitor to make sure it was divided properly a couple of years ago. when they died it turned out that these 2 people added themselves and got the signatures in 2011 to makes sure I only got 8th and now they're up to more dirty tricks. As trustees they will divide it up . It will cost me a fortune to fight .not that bothered about cash I'm 75 now I just hate that they think they can do what they please. Only 1 of them is a beneficiary .Just don't want the house sold without marketing it at the correct price not selling it at 40K less just to save them work . Also letting the buyer get the quote when she is already a landlord of a few properties it concerns me .
  8. Lasting power of attorney and health and well being we have always been very close and particularly so after he only child my husband died 10 years ago Just a lot of worry when mil doesn't even know me any more .
  9. Hi everyone . My mother in law owns a property with her twin it was originally owned by 4 but both husbands have died . Now the twins have gone into care. Neither are mentally capable of understanding what is happening . In 2011 when they were 90 the other twins daughter and her husband had themselves added as trustees which they had no idea what they were signing . Now that they are in care I have come back from holiday to find that all the contents have been sold bar the tv which I asked I offered a sum as my belief is that everything should be sold . I asked where the items had gone and was told £100 was being put into the account from house clearance . The bedroom furniture in my mother in laws room was hers and paid for by herself it was nearly new . I know that they had no right to do that and I am seeing a solicitor . I was advised to get the house valued as they told me that was being sold . I am almost sure they can't do that until they are dead . But there is a note on the trust that the house can be sold and monies put in an account until they die . Fine but I was advise to get the house valued . When I spoke to an estate agent he said he had already done a valuation thus is way beyond the market price by 40k which I had done. It was done by a cousin of the trustee who has no interest in the property I have since found out that she intends to buy it and rent it out . Surely a trustee is acting on my behalf as a beneficiary has to market at the best price . I don't think it is even going on the market . The only hold up is the councils legal dept checking whether that can force the sale for care fees these people are adamant they can't but surely they can be forced to rent as the council would rather have some mone than none at all towards their fees . sorry to go on but I am really worried that things are moving too quick. 2 trustees who got them to sign when they were 90 bless em they hadn't got a clue . Won't go into that it was to make sure I didn't get 50% of the property . I've accepted it now so no worries . It's complicated to do with the house being bought from council by 2 couples in 1982 the trust was formed at that time .
  10. My mother in law and twin have gone into care both were owners and trustees of a house with 2 others . They are now mentally incapacitated. I am power of attorney to 1 and also a beneficery of the trust . Can they sell for under the market price . They have given a key to someone I believe will be buying and she has got her own valuation which is 40k below mine . All the contents have been sold while I was on holiday . I really am not happy with what they are doing there are no accounts no receipts . I don't think the house should be sold. It should be rented to help pay for their care My father in law would. Be turning in his grave if he knew what was happening .
  11. Help I have just returned from looking after my 96 year old mother in law from Christmas Eve until yesterday for her live in carer to have a break. Absolutely thrilled to open a letter from National Parking Enforcement. Just what I needed after 2 hard weeks . I had to go to the local Coop only a smallish shop as we had run out of bread and bananas. I parked in the only bay available which was the disabled one. I hadn't got Mother in Laws blue badge with me as I had come out in a rush and put her in the car . She is wheelchair bound and suffers from advanced altzheimers and rather than get her out I left her in the car and ran in quick. The time on the notice is 12.07Pm leaving at 12.16Pm. She was actually sitting in the car. If they magnified the photo they would see that. Where does this company get my address from. I checked Companies house and note that they have changed their name from Norfolk Enforcements. I still have the shop receipt. should i just ignore it advice would be appreciated.
  12. Hi DX100 Can you please look at the attached and advise if this would be a good response not good at letters at all . Appreciate your help Re Your letter dated 1st December 2016. Please review your response as per the following points:- 1. Dispute Resolution Rule 2.8.2 of the FCA handbook states “3 years after the complainant became aware”(or reasonably aware) Stating that I was aware is pure conjecture on your part. This card has not been used since 2009 , no statements have been received. I was not aware until I applied for my Subject Access Request recently. Please see SAR request number 4513769. Therefore this rule nor the 6 year rule applies. My application clearly shows the NO to payment protection box has been ticked on 29th October 1998(copy enclosed). I applied for this at the Motor Show 29/10/1998. 2. I would not have needed PPI as I had a sickness package in my employment. The low credit limit on the account would have been covered within my monthly salary as a manager. 3. A transcript of the phone call was not sent with my SAR when all was requested or in fact any record of a call being made. Please send proof of how and if I requested PPI or was it a case of someone selling it to me. If that is the case the transcript is necessary as proof. Saying PPI was purchased in a phone call does not necessarily mean it was sold correctly or in fact was that call anything to do with PPI. There is absolutely nothing in my SAR package which mentions this so where does the information come from. It means that against the Information Commissioners Office rules paperwork has not been supplied. 4. You state that letters were sent re the insurance. Again none of these were enclosed with SAR package. I do not remember receiving any letters. I have other MBNA accounts and have no recollection of receiving these on those accounts either. 5. The case of Plevin v Paragon has more to do with commission being paid and not disclosed to the applicant rather that mis-sold PPI. With this information I would ask that you please review this claim and send a more favourable response.
  13. Hi All just looked at section 32 of the limitations Act. Could that not be used ???
  14. Hi again there is nothing about the phone call in the sar. The no box was ticked on the application . I've done quite a few of these and never had this before . There's even a 0 against ppi on their internal paperwork . How would anyone in 1998 know on a new card what it was. Also no statements since 2009. Could the case of only just applying for sar be used as just finding confirmation be used . He really wasn't aware until he received the sar and showed me old statements. will they be using this argument on all the older claims . They did a review of credit limit in 1999 and that shows a 1 against ppi . In the latter years the card had minimal use and even closed in credit . Oh well have to fight. Thanks do
  15. Hi again DX100 Am I interpreting the fact rule 2.8.2 correctly . The 3 years is from the time the complainant becomes aware . I received the SAR around 10 weeks ago showing that my friend had ppi that is when he became aware how can they say he had statements for 4 years and should have claimed years ago . The account has not been used since 2009. This seems a real cheek and purely conjecture on their part . the account application clearly has the no ticked. I have written and asked for transcript of the phone call and if this isn't available how can it be proved that ppi was sold then and if so correctly as there is nothing sent in the subject access request showing it being sold at all. Any other info I need to include please advise . Taken me ages to do a letter thanks again for help
  16. No neither been guiding a friend as I have done a few for family. I looked at this and thought the same as you but was worried they said that letters had been sent changing insurance terms and conditions . This card hasn't been used since 2009 and yet they said at the end of the letter they have now cancelled ppi . I think I'm going back to them with a nice letter in response . Also no copy of any letters in the SAR pack. This card was applied for at a motor show at end of October he remembers being called . Wasn't the case mentioned something to do with commission. The box on the form wasn't ticked either. Not given up or waiting . Helping him compose a letter. Nice to hear from you Dx glad to see your still helping people .
  17. Hi All Need some help please. Have received a letter from MBNA re PPI on my credit card. Firstly they state that PPI was added after the accpint was opened on 17th Nov. 1998 a phone call on 25th Nov 1998 . I can only think that this was a phone call they made to me. They are also saying saying that I ought to have brought the complaint sooner as per the tome limits set out in the FCA handbook. They also state that I should have known I had PPi from 4 years statements and letters about change of insurers . Also stated that a case highlighted by the recent Supreme Court Plevin v Paragon could affect my case so they are not prepared to send a final response. Can anyone give me an idea of what response I should send Any Help would be great thank you
  18. Hi Starting a new claim re Debenhams Card. Unfortunately card applied for in 1988 . Definitely has tick in the box . Remember this was in store . No explanation . Santander have sent SAR no statements and letter states there is no PPI on account and I am almost sure PPI was charged. Can I claim direct to Genworth and if so can you please advise the address please Glad of any help thank you
  19. Im not sure I haven't ley them close it off . I asked them tp get a copy of the contract showing that they can buy back. They haven't seen this they are just taking We;lcomes word which I would not . I just have no further place to go
  20. FOS finally responded after over 2 years. I am not happy with the outcome. This debt was sold to Aktiv in June 2013 . The redress offer was made in August 2013. I took the matter of payment to a third party to FOS in October 2012 . About a year later FOS called me and asked for copy of CQ as Welcome are going to revisit the redress WHY ??? Yesterday I checked on how the case was going and was shocked FOS have agreed that Welcome can keep the money. They have written in the contract between Welcome and Aktiv that they could buy back the debt. Even though in this case they did not buy back the debt until March 2014 I Find this so unethical. I agree the debt is owed but it is very old and at least could have been negotiated . They also sent £756 charges to Aktiv. Its all a bit of a shambles. Not Happy at all So saying that the money cannot be paid to a third party is not strictly true. Aktiv owned this debt when the redress offer was made even the credit report showed this. but Welcome just bought back the debt a good few months after redress was agreed to stop them having to pay.
  21. This is still with the ombudsman . Would have thought straightforward but welcome are telling the they bought it back, I have sent a copy of the credit Record. Letter of assignment and loads of other stuff and still not sorted.
  22. Halifax called me asked me if I could ask Friend questions and relay answers. Ridiculous explained in another town dont see him that often. Told them thier paragraph in their letter stating that had they been able to speak to him the outcome may have been different was unfair especially after I had stated that any questions should be put in writing and answers would be sent immediately in writing right from the very start .I also asked where their proof was in their reasons for declining the claim. They answered very difficult it was 1998. The TMPP they have paid was bought out in 2001 when he remortgaged so they paid that as they had duplicated PPi . That being the case then surely my friend was not aware he had it either if they werent aware. Now decided they are going to mail me the questions . This is ridiculous what sort of questions need answering. !!!!! Ready for ombudsman. I Think. This guy is certainly being treated unfairly because he has a condition which does not allow him to speak on the phone . Any idea what these questions can be . I do know a friend of mine had a call and was asked the same question over and over again which they cant do.
  23. So pleased to have been able to help this poor guy but still fighting .
  24. Yes Halifax received this morning . Really interesting. They have upheld the pip part of TMPP but not the seperate Ppi they had charged on the mortgage how can that be . Didn't realise they were charging twice . So now going to respond to their final decision give them 14 days and then ombudsman. How can they uphold one and not the other ?
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