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debtfreemummy

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  1. Hi all I ordered a car seat on 2 July from a company called "Two Left Feet" (only went with them over anyone else as a friend had got her pram from there & had no problems - how wrong was I!!!). Now I'm trying to get a refund but as yet I still have nothing! This is what happened -I waited the 28 days they say the item will be delivered in - no car seat! -I tried emailing them - no one replied. -I tried calling their after sales dept - but was on hold for the better part of an hour before giving up. Tried this several times & in the end I went through to their sales department & lo and behold someone answered! - Only after I'd given the sales dept my details did someone actually answer one of my emails saying "apologies for delay - your item will be dispatched within 7-10 days, but should you not want to wait any longer please inform us & we will cancel your order" (this was 5/8) -Silly me (who desperately needed the car seat) said - ok as long as it can be here within the 7-10 days I'll keep the order -On 12/8 they tell me the item is actually discontinued! So I emailed back saying cancel the order & refund as soon as possible please -24/8 - no reply, no refund - so I sent an email to find out what was going on -26/8 - they reply saying it's cancelled & I will get a refund "but in a period not exceeding thirty days from point of cancellation. This is in accordance with Consumer Protection (Distance Selling) Regulations 2000" -12/10- STILL no refund so I emailed again to ask where my refund was -14/10 - they reply saying it will be with me within 7-10 days Well, I'm still waiting! What can I say to them now to get my money back???! It was over £100 I paid back in July - so obviously I'm getting charged on my credit card for this because they won't give it back!!! Please help!!!! Many thanks if you can:)
  2. Ok, I've done a letter to them, can someone tell me if this is ok? I've taken letter O (I think it was O anyway!) and put in some extra bits! "Dear .... Ref.... without prejudice I write in reference to the money you are claiming on the above account. After sending letters to yourselves, CIS Ltd and the Woolwich regarding this account recently, I have received very little information from you. I am also very unhappy with the way this account was dealt with and changed between yourselves and CIS Ltd earlier in the year. In view of this I have contacted the Office of Fair Trading regarding this. I will also be contacting the Financial Ombudsman if a fair offer regarding this account cannot be reached. I enclose a copy of my incomings and outgoings which gives details of my current financial circumstances. As you can see, my outgoings are more than my income and I am experiencing financial hardship at the present time, so would be unable to offer more than £1 per month to you. However, I can raise £2,000, by way of a family member, and want to offer this as an ex-gratia payment in full and final settlement of the account, including any subsequent third party claim. This is not an acceptance of any liability for the amount claimed. This offer is made on the clear outstanding that , if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released from any further liability. I look forward to receiving your reply." Does that sound ok???? Thanks for any help Sharon x
  3. Hi Can anyone help me on what to do next? I've had this on hold as I had a baby recently and to be honest everything non-baby in recent weeks has gone by the wayside! Anyway, I really need to get this sorted once and for all. I spoke to the National Debtline yesterday regarding this and I was advised to send the DCA a letter explaining my circumstances again (no money, on maternity leave, that I wasn't happy with the way the debt was passed over from one DCA to the other when I'd got a full & final figure, etc, etc) and to set out what I want from them (can I tell them to curl up & die? ), and to re-offer them the little amount I can afford either each month or £2,000 as a full and final settlement (which is the original figure I offered & was accepted by the original DCA but they passed it over before I got their letter). Can anyone help with what to put in a letter to them too? I'm working on one at the moment but my new-baby-brain isn't working too well with a screaming infant in one ear!!! Before I get round to sending a letter, is there any other info I need to get from Woolwich regarding this debt ? They say they have absolutely nothing else on me apart from the 8 pages of screenshots of some payments made back in 93/94 (so nothing really!), so they say they can't send anything else. ( I suppose I can't say "sorry, no paperwork on me so go jump for any money"!???!! to the DCA - No? oh well, worth a try! ) Thanks for any help Sharon x
  4. Hi My court date was on 18 September, and a local solicitor was there for LTSB - and my case has been stayed until January. Do I need to do anything else here or just report back when I hear from them sometime next year??? Thanks Sharon x
  5. Hi Am hoping someone can help with what exactly I need to do. My court date is 18 September & I'm not sure if I should have sent off my bundle before now or if i take it with me. My letter doesn't say what they want & just said:- " it is ordered that 1. this matter be allocated to the small claim track 2. this matter be listed for preliminary hearing on 18 september 3. if either of the parties does not attend their statement of case may be struck out and judgement entered against them" Now I know it's no excuse but i've got a newborn & a toddler at home, plus our pc has been out of action since the end of July (& only recently fixed) and to be honest as I was due to give birth, everything internet related went out of the window anyway !!! I've also just received a letter from SC&M regarding a "stay" of the claim! Can someone help point me in the right direction of what to do now? Have I totally blown it with not getting the info to the court on time? Is there a letter about not agreeing to the "stay" anywhere? Any help gratefully received Sharon x
  6. Hi I didn't know there was more than one SAR letter, so I just sent the one that I'd used for finding out bank charges, etc and then updated it to also ask for "a list of all reposession documents, court documents, and any other documents relating to this account" I'm going to give National Debtline a call (over next couple of days) - but is there anything I can do in the meantime? Anything I can put in a letter, etc? Also, how long do they have to keep the information for? Surely if they can chase people for up to 12 years for a mortgage, they have a right to keep it AT LEAST that long?! Thanks Sharon x
  7. Hi Ok, I've received the following information:- Woolwich - Their letter says "Thank you for your recent enquiry regarding the above mortgage account. As requested please find enclosed copy statements of your accounts. Please note that we are only required to keep records for 6 years after the mortgage is redeemed. The statements enclosed are the only statements we have on record for your accounts". They've sent me screen shots of the mortgage accounts from 1990 to 1994, just showing payments made, interest added, etc. (there are only about 8 pages in total though!) (I also thought the debt was older than that - must've got my years mixed up!). There seem to be 2 accounts - one which ends at around £42,000, and the other at £15,000 (the amount they're chasing me for is the £42,000!). But there are no other details there - nothing to do with the account being behind, nothing I signed, no court details, no reposession orders, etc. Just says my name, the address of the property and the account numbers, plus the payments made. CIS - (who the account was passed to first - they contacted me first in 1999/2000) - just copies of every letter they ever sent me (which I already had) - but nothing else about the account at Woolwich DLC - (who now has the account!) - just screen shots of whatever letters they've sent, what I've said if I've phoned/they've phoned put into a log, etc. and telling me to send my SAR to Woolwich too as they only acquired the debt in Dec 2006!. Ok, so not really sure what to do now as none of them seems to have any details apart from what I've paid! I really wanted more info from Woolwich to be honest - something I signed & other info. Is there any way to get more from them? Ok, so the Woolwich sold my debt to CIS, but surely it isn't "redeemed" yet? Or is it in their eyes?! I've just found this on another post: (also about an old mortgage) http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/34039-dca-old-mortgage-debt-2.html "If the DCA cannot provide proof of title, or any legal documentation to show they have the right to be collecting the debt, then you are within your rights not to pay them. However, unless you have a dispute over the debt, you do have a duty to repay the bank. Of course, there are numerous issues which could and should be investigated into the actual debt. For instance; What valuations were made on the property before the sale? What costs were involved in maintaining the property during the period between the repossession and the sale? How was the house marketed and sold, and at what price? What costs were involved in selling the property? Has a claim been made against any indemnity insurance and how much was recovered? How has interest been calculated from the start of the arrears? What penalty fees, charges, and litigation fees were added to the account prior, and since, the sale of the property? Whilst any claim for underselling, and unlawful charges, will bring questions about Limitation, that argument may be changeable as we know. The point is this, clearly you owe them a large amount of money. However, they have fouled-up be misplacing the file. It is also likely that they sold the property without any concern to your best interests. Without proof of title, you can threaten the DCA with Trading Standards, you can also bring in the Information Commissioner over the DSAR issues with the Halifax - especially the loss of your file. The Financial Ombudsman would also be very interested in the whole debacle. All this provides you with a very good opportunity. You have them on the back foot - now use all the ammunition at your disposal to come to a much reduced settlement." Is it ok to put some of the above into a letter to Woolwich - or should I send it to DLC? If anyone can help, I'd be very grateful as not sure what to do now! Many thanks Sharon x
  8. Hi I've had a response to my letter as below and need a little help if someone can help me:- "Thank you for your letter ... etc, etc,... I will respond to your questions in order 1. I have checked that your loan account is up to date, and as there are no arrears I am happy for these funds to be paid into your bank account. 2. Your PPI is still in place and will remain in place until we have resolved your complaint. We always try to resolve your complaint before going ahead and cancelling your policy. You were offered a partial refund which you declined, and so I have agreed to offer you a full refund of insurance premiums as a gesture of goodwill. If you accept this offer then all cover under the insurance will cease as detailed. 3. My offer of a refund of insruance will not affect your loan APR in any way. 4. As you have requested your refund of PPI to be paid into your bank account instead of your loan account, your loan agreement will not change in any way should you accept this offer. My original offer was to refund the money back to your loan account, if you had accepted this offer then the loan balance would have reduced and I could have refunded the interest paid on the insurance premium to put you back in the position you would have been had you not purchased PPI Since you have now amended the original offer and requested the funds to your bank account you will still be borrowing £2874 from LTSB bank as part of your loan agreement and therefore I will not be deducting this amount from your loan balance. As this amount will not be deducted from your loan balance you will still be charged interest on this sum of money, my offer of £2874 will be paid into your bank account without interest and the policy will be cancelled. " Ok, my questions are, 1. how can I get them to cancel the PPI from when I first wrote to them earlier in the year (or should that actually from the beginning of the loan term last year as I never wanted or asked for it in the first place & they made me take it?????) - and NOT when they decide to cancel it, - which will probably be sometime in 2010 by the time they get their fingers out of their a*ses!!! - therefore meaning all the money I've paid so far should have been taken just off the £12,000 I borrowed & none going towards the PPI? (meaning £320 is paid towards loan each month, instead of £268 plus £62 towards PPI - after all £62 per month adds up!) 2. If they're paying me back the money they took when I didn't need it why the hell aren't they paying the interest back too?! How do I get them to do this, when they've offered it in their first letter?!! 3. Why, if they're refunding the amount, am I still then being charged on my loan account for the PPI - if they're giving it back then they shouldn't have taken it in the first place - I spoke to her and she said that the loan will still be for the £12,000 PLUS the PPI amount because THEY'RE LTSB Insurance and not LTSB bank! (Aaaaarrrrggghhhh:-x !) 4. I would prefer to have the money in my bank account rather than them deciding where it should go (could really do with part of the money right now - although I may decide to put some of it into paying off part of the £12,000 I originally borrowed!). Or is it not worth the hassle & should I just tell them to put it back in my loan account & have it taken off my loan?! (I don't really want THEM to decide what happens to MY money!) Does anyone have any ideas on what I could say in a letter to them - or is there a template letter for this I could change to suit my circumstances? Any help would be great - thanks Sharon x
  9. Hi Yes the 6 years starts from when you sent your 1st letter (the SAR if you sent that in Feb) I'm also going through the FO at the moment (but for PPI on a loan) and have just received an offer of the full amount asked for - after receiving an offer of about half in their last letter! There is a letter on here to send them about rejecting an offer - but I don't have a link to it at the moment, sorry - it should be in the template letters at the top though. Plus you can say you'll accept it as PART payment towards the total due! Good luck Sharon x
  10. Thank you so much Ian & Hellhasnofury. I've sent a fax off to them today - the woman left me a telephone message this morning, so hope she still has my file on her desk - ready to go!!! Will let you know the outcome Sharonx
  11. Hi I've drafted this letter, does it sound ok? I've got a fax number too, is it ok to send it to them there as well as in the post (I thought I might get a quicker response!) " With reference to your letter dated ... I thank you for your offer of £2874.92 plus interest, being the full amount paid for Loan protection insurance against a loan i took out with LTSB bank in april 2006, which was mis-sold to me. Before I sign any papers from you, I would like the following points clarified and updated:- 1. Please confirm that the full amount of money (£2874.92 plus interest) will be paid into my current account from which it was taken, with LTSB bank and not my loan account. 2. Please confirm that the PPI was cancelled as requested after my first lettter dated Feb 2007 3. Please confirm that the APR on the loan will stay the same 4. Please confirm details on the loan now that the PPI has been cancelled, including the new term of the loan (originally 60 months) and the date the loan will now finish, due to the extra money being paid into the loan account from March 2007. I can be contacted at my home address, or by email at the above address. I look forward to hearing from you." Does that sound ok? Would I need to sign anything else from them - i.e a new loan agreement, etc to confirm the new amounts, etc? Many thanks for any help Sharon x
  12. Hi Kurt I sent the original SAR but forgot to include about the CCA. So when they didn't respond within the 40 days, I sent out an LBA giving them another 7 days and then included my £1 cheque and asked for my CCA in the same letter. Sharon
  13. OMG - I THINK I'VE WON BACK THE FULL AMOUNT!!!!!!!!!!!!!!!!!!!!!!!!!!!! :o (happy but in shock that I've actually got a decent response!) I sent my details off to the FOS and received a letter saying they were investigating my claim. Yesterday I received a letter from LTSB saying:- " The FOS has recently contact me about your concerns around the sale of your Loan PPI with LTSB. I have investigated your concerns in line with our "treating the customer fairly strategy" and I am writing to you with our new final response. Background You have purchased a loan from Lloyds tsb of £12,000 over 60mths and your loan was protected with Optional Loan Protection Insurance. On 21 Feb 2007 a complaint was received at LTSB insurance in relation to the sale of this insurance policy. Y have advised LTSB that you were pressured into purchasing the optional PPI and that this loan was a condition of your loan. Investigation I have investigated the evidence within our sales files and I can find nothing to suggest that this policy has been mis-sold to you. However I am concerned that you still feel as though we have not resolved your complaint, you are a valued customer of LTSB insurance and so I would like to make the following offer to you. Goodwill offer As you are a valued customer of LTSB and you have confirmed that you do not want your PPI I would like to refund your PPI premium of £2,874.92 plus interest paid on this amount to date. This offer is made to you in full and final settlement of your complaint with the FOS and LTSB insurance. If you would like to accept this offer then please sign the enclosed acceptance slip and return to me. On receipt of your acceptance I will arrange for the payment of £2,874.92 plus interest to be sent to your loan account. Your loan term will reduce and your loan agreement will be repaid sooner than originally agreed. Please note that if you accept this goodwill offer then all cover under the insurance contract will cease and your loan will remain unprotected for the life of the balance. LTSB insurance do not hold any control over monthly repayments, therefore we are unable to arrange for your loan to be rescheduled. If this is something you would like to arrange then you will need to speak to your bank. If you would like LTSB bank to decide on whether they can arrange this then it may be helpful for you to take a copy of this letter to them." Ok - so I've won but I'm still so wary that they've done this with seemingly no strings attached! Or are there??? Can anyone think of anything they may be saying "between the lines" or have omitted that I need to ask them? Before I sign this (obviously I want my money back!) I have a couple of things I have thought of that I'd like cleared up:- 1. Can I ask them to pay this money into my current account instead? (so I can then decide whether to put it ALL into my loan account or not as I have thought I may put £2,000 in there & keep the £874 out for other things) 2. Can I get them to confirm that the PPI was actually cancelled after my letter in February as originally asked and not when they receive my signed form 3. Can I get them to confirm that nothing else will change - like the APR, etc and then when the final date of payment would now be with the increased amount paid (from February!) as it was originally 60 months Plus, do I need to send a copy of any response I make to the FOS as well? many thanks Sharon x
  14. Hi Just wondering if anyone can help me with this query? Is it right that they SHOULD still have a copy of my CCA to send out? (the card was only settled last year!) Please help! Thanks Sharon x
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