Many thanks. I'm off to send a SAR to Lombard.

Has that worked ? I'm useless with attachments on websites.

I'll try with a PDF this time. Arden are acting on behalf of Idem Servicing.

Not sure if that file is very readable. so I'll post an image. [ATTACH=CONFIG]50112[/ATTACH]

Any help with where to go from here would be greatly appreciated. Arden contacted me a few months back regarding a loan which I informed them was statute barred. After letters and phone calls pestering me, I decided to ask them for a copy of my original agreement hoping they wouldn't be able to obtain this and if they did it would let me perhaps claim the PPI on it as I remembered Lombard making this a condition of the loan. Arden produced a copy of the agreement and I have since informed them to stop calling me as the loan is statute barred, which they have so far complied with. The balance remaining on the account was £6798.50. Obviously I'd like to claim the PPI on the amount I paid but I'm not sure how to go about this as it's not as straight forward as a normal claim. I'll attach the agreement if anyone could shed a little light on the correct procedure I would be very grateful.

Many thanks dx. I'll SAR them.

Thanks for the reply dx. I don't have any statements, would this prevent me from claiming and how would the overall thing affect the statute barred status of the loan? Am i correct in thinking then, that I could only claim a percentage of it back as the whole loan wasn't paid but sold on ?

Bit of a mixed bag this one but hopefully I've posted in the correct sub forum. I received a phone call last year from Arden Credit Management from a loan taken out in August 1998 which They say I still owe around £6000. As I hadn't made a payment to this since 2004 I informed them this was statute barred and never heard anything more until this year apart from some statements through the post. This year the began getting a bit more aggressive in demanding the money, to which I informed them the load was statute barred and there was nothing they could do. The advisor on the phone agreed there was nothing legally they could do but they will continue to pursue the money. I then asked for a copy of the credit agreement and expected to hear nothing more, but this morning I've received a copy of the agreement and now want to try and claim my PPI back on this as it was a stipulation of me getting the loan. Can anyone let me know where I stand on this? My loan agreement reads : Loan £8000 Repayment protection premium £2434.53 Total amount of loan £10434.53 Interest £4983.67 Admin fee 0 Total charge for credit £4983.67 Total amount to pay £15418.20 APR 17.9% 60 payments of £256.97 I'm in Scotland if this makes a difference. Thanks

Yes sweetjane, it was a second charge loan. Off the top of my head, I think it was for around 9,000 over 5 years which we paid minus the arrears (which was just about 3 months ) for just about the whole 5 years. Then the settlement which was still about 8,000. Every time we were in arrears, we always made it back up. So without the paperwork, we roughly paid back 23,000. It might be worse, I'll have to look out the paperwork.

Last year I sold my house paid a ridiculous settlement to Swift and rid myself of any debt I had. While this has been a great weight off our shoulders and left us with some money behind us to buy again in a couple of years, I can't get rid of that feeling of injustice. We fell into arrears and the charges being applied were exhorbitant, to say the least. As a secured loan ( initial mortgage with NR ) what are the chances of realistically getting anything back from this bunch of crooks. I seriously don't know whether to just draw a line under it and move on with the rest of my life, or try and nail this mob, and to stop them doing it to others.

Thanks for the reply 42man. I will be trying to get my charges back, if they are secured against the property, but as my sale will hopefully be going through within a matter of weeks I really need to know what to do now. I imagine any secured money owed will be paid straight from my solicitor to my first mortgage and swift. If possible I would like to get some of it now by means of redemption but I'm not sure how this would work.

I would appreciate a bit of advice if anyone has the time. We took a secured loan with swift in Aug 2006 for £10,750 to be repaid at £253.04 PM over 60 months. Total repayable was just over £15,182.40 We've had our share of troubles and had a lot of missed payments but to date have paid back £12,500 and with the repayments we have agreed we will be clear of any arrears by August. This is where it all goes a bit swift. To date we have paid £12,131.96 our outstanding balance is £10,789.37. Which equates to £7738.93 of charges. The sum of £10,789.37 has (this is not a settlement figure) after it. We are now in the process of selling our house to go and rent meantime. Obviously we have to clear any secured loans on the property and, luckily we have more than enough equity to cover it. The questions I have abou swift though are as follows. 1. Would the charges still be classed as a secured against my property ? 2. If so, would I be able to ask for a redemption fee and pay less or have swift got another sneaky trick up their sleeve to combat this. Obviously I'm looking to claim the excessive charges back, but will have to pay them if they are secured, but would appreciate any advice at all and any tips when dealing with this horrendous company.

From the Halifax Website: Overdraft bank charges court case update Customer Q&A waiver lifted Summary of Supreme Court Judgment On 25 November 2009 the Supreme Court said that the level of unarranged overdraft charges is not assessable for fairness under the Unfair Terms in Consumer Contracts Regulations. This means the banks have won their appeal and the test case has concluded. This is a final judgment from the Supreme Court as they have decided it is not necessary and/or not in the public interest to make any reference to the European Court of Justice. Q: What does this mean? The Supreme Court decided that an unarranged overdraft charge is a key part of a current account. This means that where the charges are explained in clear language, under consumer fairness legislation, the level of an unarranged overdraft charge can’t be challenged to see if it’s fair or not. Q: What happens next? While the Supreme Court judgment was a win for the banks, we acknowledge the concerns some of our customers have with these charges. We will work with the Financial Services Authority (FSA) to ensure the outstanding customer complaints are brought to a swift conclusion. We will also continue to work with the Office of Fair Trading (OFT) to agree a positive way forward. Q: What does this mean for customers who have complaints about unarranged overdrafts on hold? During the test case, we agreed with the FSA and the Financial Ombudsman Service (FOS) that customer complaints relating to unarranged overdraft charges would remain on hold. As the judgment concludes the test case, the FSA has agreed that these complaints should no longer remain on hold. This means that for those customers who currently have an outstanding complaint about unarranged overdrafts, we’ll be writing to them shortly to let them know what today’s judgment means for them. We be asking the County and Sheriff Courts to apply the Supreme Court judgment to dismiss any claims they currently have on hold. Q: What will happen to new customer complaints about unarranged overdraft charges? As this judgment concludes the test case, the FSA has agreed that the waiver on bank charges complaint handling should be lifted. This means we will handle complaints through our standard process. We will continue to treat customers sympathetically who are vulnerable and in financial hardship. Q: Can I complain to the Financial Ombudsman Service (FOS) about my unarranged overdraft charges? Yes. Where a customer’s complaint is not accepted by a bank, the customer has the right to take their complaint to the FOS. Q: How can customers avoid unarranged overdraft charges? We continue to provide our customers with the products and services to help them avoid unarranged overdraft charges. For more information on these products and services, please click here.

Every ruling seems to be about unauthorised overdraughts, but what about unpaid DD's, surely we can still go to court over these as no service has been supplied and they are penalties.

I Recieved my standard letter from the halifax this morning, the new one they are sending out. What is really bugging me and it has been since the beginning is, the OFT and banks keep mentioning "unauthorised overdraught". They seem to always miss out on unpaid DD's. I have a considerable claim on hold and have no overdraught facility, nor have I been overdrawn or my DD's been paid. Surely if I was allowed to proceed to court with my claim, I could argue that no service has been provided therefore how can they possibly charge.

Thanks for your reply. I bit the bullet today and they may consider a repayment arrangement.

I'm in serious trouble here. This all ties together so bear with me. Most importantly I owe income tax amounting to nearly £10,000. They have a decree against me at the moment and they are about to raise a determination. I'm devestated at the thought of losing my home, is there anything I can do to prevent this? I could probably pay about £500 per month. Would they accept that amount? Because of debt the bank would not let me open a business account so I just had to use an basic account. I have never lied about my income to the IR. Because of charges to my 2 accounts it has made things more difficult and as a result, my income tax is way behind. Would this be a hardship case with the FOS as this would allow me to pay a great deal of my bill. I can't get a loan due to past debts. Can somebody PLEASE advise on any of this.

As soon as this claim is finished watch out for DMC 2 - The HBOS PPI story

It's great to get encouragement from you lot on here, since I called the FOS my wife is now 100% on getting the full amount as well. Things are starting to look up a bit.

Thanks Moneyhelp, will do. They've really p***ed me off now.

I have taken the money out of my accounts and if they want it back they can get Howard to sing for it. (or take me to court for it, now wouldn't that be ironic) I'm sending a letter accepting it as an interim payment as advised by the FOS, and I'm letting the FOS deal with the remainder including the lost year and a bit as they said they'll get the lot for me. Just got to wait for the FOS form to come in.

I phoned the FOS to complain officially and then asked them about the money and she said, take the money and tell them in writing that you have accepted it as an interim payment and she then went on to say the money is now mine no matter what it says on the bank's letter.

Is it safe for me to take these two sums out of my account and then continue with my claim ? They are now refusing to give me a final offer because they cant find over a year in statements. They also won't take the money back and told me just to leave it there but I don't want to do that in case it gets used for DD's. They've left me in limbo:mad:

I can assure you Moneyhelp, as soon as I do she'll have it spent. Well after I get my new LCD TV

Tell me about it Sanand, I've now retreated up to the spare room with a couple of beers. All I'm getting is "£6200" and, "we'll not get anything, you should have taken it"