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martinhw

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Everything posted by martinhw

  1. I would send them another letter saying something along the lines of - Thank you for your good will gesture, but as I initially stated, as I have been illegally deprived of these funds in the first place, I want the interest until the date of FULL settlement. My daily rate is £X.XX and I would appreciate you sending the cheque without further delay, as I am proceeding my legal action for the FULL recovery. Then stick to your deadline and get it back... As I am so skint today, I feel like goinig into my local Lloyds branch and asking for a "Gesture of Goodwill!"
  2. This is exactly why I refused the appointment offered by my account manager - OH and the £50.00 privilege of Him completing the forms. (I am classed as a business customer and pay for consultations - even on my personal account).
  3. We sold our house and are now renting. We used all the equity we did manage to have to pay off a large chunk of the debt.
  4. Scone, welcome to the forum. All PPI cases are really unique and individual. There will be not clear cut method or straight forward cut and paste template to use. I would be sceptical about having the bank write a complaint letter for me - I mean did they actually admit that they may have offered unsuitable advise? Did they let you retain a copy of the letter they sent? Did they advise a timescale of outcome for you? I wish you all the best with your claim. Start a thread and post your letters if you can - the more info we have available to us, the more likely we are to succeed.
  5. Gertie, The way I see it is if a DCA/Bank or Card issuer wanted to find you, there are a large number of ways for them to do it. If companies are financially linked they can also share information about clients. At the end of the day it's up to you if you choose to claim or not. My experience is you can't run and hide forever. We did for a number of years, and it only compounds the problem. We had a lightbulb moment January last year and were over 75K + a mortgage in debt. One year later and we are more or less 25K in debt and no mortgage. By January next year we will be debt free. Although the sacrifices we have had to make are absolutely HUGE, it can be done. We faced total financial ruin and were considering all our options, but decided to face all our demons and make a go of it. Sorry if I have dragged on about it, but a good night's sleep is worth it all!
  6. Thanx Keith. Mine was a single premium policy of PPI added to the original loan. This should make for an easy calculation.
  7. Thanx Keith. Mine was a single premium policy of PPI added to the original loan. This should make for an easy calculation.
  8. Question about the FSO route - can you still claim the interest the same as if you proceed down the CC route?
  9. Carol, Take a look at the letters in this link: http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html I would suggest she do an Income and Expenditure sheet to attach to the letters, look at all the letters in the above link and amend as appropriate. Is any of her balance related to charges? If so, start claiming them back.
  10. Liz - You are entitled to claim for the last 6 years. If there is a period in that time that you did not claim for - you can claim for those too.
  11. I'll give you an example of what we do: C1 "Is that Mr. so and so" Me "Yes" C1 "Great - can you confirm your address please" Me "No" C1 "Excuse Me" Me "I said No" C1 "Well I can't discuss your account unless you give me the required info" Me "Oh well then you'll just have to write to me then, Tarrra" Click But our newest one since we started our claim is: C1 "Is that Mr so and so" Me "Yes" C1 "Can you confirm your address for security purposes" Me "Sure - But only if you are calling to discuss settlement of our claim" C1 "What Claim - or I am Not" Me "Tarrrra have a nice day now" Click
  12. It's always best to try and follow the "Tried and Tested Way". Good luck with your claim. It's only a minor hicup and you'll soon be on your way to getting your money back.
  13. We got our statements and response on the 37th day. Capital One seem extremely busy at the minute!
  14. Skelly, Please give a little more detail of the process you went through to get the charges back, and also if they refunded the charges, did you accept them as part payment of the full amount. I can then try and advise better.
  15. Mark, According to the data protection act, the statutory maximum amount is £10.00. Send the SAR from the templates library, as it also requests any manual intervention, to which you may have to rely on if it goes to court. If there was manual intervention - the bank may be able to justify their costs as reasonable. I would not do anything to jeopardise my claim, and would want all info possible before I start a claim.
  16. I finally got a response from Lloyds: N1 still gets filed Tuesday 13th.
  17. The statutory limit is 6 years as far as I am aware.
  18. Sorry to hear of your experience, but must admit it is NOT uncommon for this company. My wife and I both have accounts with them, and are BOTH claiming right now. To try answer your questions: 1) Do you have in writing that they would not pursue the debt, and or in fact the account is set as inactive. 2) They can not issue a default if they have admitted there is no agreement, or cannot produce it as proof. 3) If it is on your credit profile - it is VERY REAL. 4) There are a few ways of removing entries from the register with CRA's. 5) There is no answer to this one I am affraid! Suggested actions to start the process: 1) Send them a SAR This will give you a definitive list of transactions and account notes. 2) Write to the 3 CRA's and ask for your up to date Credit Profile - Online Credit Reports and Credit Reporting from a Leading Credit Agency: Equifax - Credit Reports: Get your Credit Report from Experian UK - Credit report information for consumers - Callcredit Write a letter and send a £2.00 cheque or postal order - don't order the online reports as they are expensive and contain the same info as the std ones. 3) Calculate the charges and fees charged. - This is the time when you will have to decide on the action you wish to take. - If You owe them more than they owe you in charges - as they have no credit agreement - they can't enforce the debt, but it would be wise not to try and claim the charges if you do not intend settling the account in full afterwards. - If they owe YOU more than you owe them - even without a credit agreement - you can claim for the charges and the removal of the default, then insist the account be closed, or sign a new credit agreement.
  19. Ian, Them constantly phoning you could be constituted as harassment. They cannot proceed with collections action or default whilst in dispute. As long as you have sent them a notice of dispute, or started the claim process, they are not legally allowed to default you. I would not speak to them on the phone, unless you can record the conversation, tell them to put anything in writing! Stick to your timetable and complete your claim!
  20. Good Luck with your claim. If you need any help, just ask - there are a lot of people that are more than willing to help.
  21. The first thing to do is write to Capital One stating that you dispute the amount owed. Send a copy to the debt collection agency if there is one involved. Aslo remind them that as the account is in dispute, they are legally not allowed to commence proceedings or collection action. This will allow you to get your prelim letters etc sent in to them without them being able to take action against you.
  22. I wanted to use MCOL, but this is a request for an order of disclosure and additionally for compensation of non compliance. MCOL is purely for claiming money and I am using the N1 form to obtain the order and compensation. There are some that are asking for around 350.00 in compensation, but I am basing my claim on 9.00 per hour plus court fee and travel expenses. I am more interested in getting my info than claiming compensation.
  23. What you would have to do is fill in all the charges onto an interest calculation spreadsheet. The interest is calculated on the amount of the charge and the date of that charge in relation to todays date. In laymans terms a charge of £20.00 charged on the 01/01/2006 will have a statutory 8% interest rate accumulated to £1.77 and the total for that charge would be £21.77 at todays date. - The spreadsheet will calculate it for you. The spreadsheet is located here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html The dailly rate is the rate from the date you submitted your N1 form to the date of settlement or trial.
  24. I use the N1 and file at court because it is my opinion that MCOL don't allow for a full and detailed enough POC. But like I said - it's our personal choice - others may disagree....
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