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  1. Really appreciate anyones help here!! I ordered an iPad quite a while back now back in 2013 from Very. It never arrived and I only got an empty box. I complained to very.co.uk and they would not refund me. I contacted my bank and they suggested I raised a chargeback and I got my money back. I kept getting letters from Very stating I owe them the amount and if I do not pay I will be contacted by a debt company. I contacted my bank and was told not to pay the debt as I had not received the device. I now have a letter stating I have a default notice because of this amount from Very and NDR debt company. I contacted very again and the debt company, no one is helping me and my credit is still being affected by this. Whoever I speak to I keep getting turned away. I then contacted the head office of Very (Shop Direct) and explained the situation. They replied saying I didn't reply to letters or emails (I did) and that because of the length of time they will not re investigate and I still need to pay the debt and that it may effect my credit score. I emailed and called and tweeted them. They stated that the item was sent out. I then contacted the head office and they investigated and concluded that nothing could be done. I reported it to the FOS 2 weeks ago when i received a default notice letter. I did not do anything before that as i was advised by my bank to ignore letters and to not pay anything. What do i do?! I never got the item so why should I pay the debt?! My bank even says do not pay it. Any info would be great!
  2. I received a CCJ for £400 from Bryan Carter in January 2008 that I have almost paid in full now. The actual debt was £8,000 and reading through these forums, I am already anticipating the 2nd CCJ for the same debt. I've read a lot about how this is against the county court rules - is there a definitive wording to put when you contact the courts to make sure it gets set aside? It seems like so many people have this issue, it may be good to get a template together for it. Also, if this hypothetical CCJ is set aside after they try to chase me for £7,600 - what is the status of the debt then? 1. Can they still chase me privately? 2. How does this debt go on my credit file? (will it be a new debt entry for £7,600 with no default date - or will it go back on the original account, which defaulted in January 2007?) Any help / advice appreciaed, thank you!
  3. hi, can anyone help with some historic info on Uncle Buck rollover/extension policy either via emails or have or historical references to the website c2010? I have made a formal complaint to them which i received final response today (which of course they refused to uphold). My complaint is based on affordability/irresponsible lending as in the 1st cycle of loans with them, they rolled my initial loan over 15 times without me paying the original loan back - simultaneously they gradually increased my credit limit. During this time i had a large no of payday loans and a terrible credit rating due to a gambling problem. I eventually agreed a repayment plan with them - after completion of the repayment plan, they then re-lent to me again and as you can imagine, the cycle continued until i agreed a 2nd repayment plan with them. At this stage, I asked them to permanently bar me as a customer but unbelievably they lent to a me a 3rd time and I ended up in a 3rd cycle of repayment Their reason for refusing my complaint was that they used a product called Lending Metrics to assess affordability. I am absolutely sure there no income/expenditure info required provided for the roll-overs but any help on the actual roll-over process would help? Given the debt I was in, any product that looked at my credit file would have seen my credit rating was terrible
  4. Hi Got a call from FOS saying that they have upheld my complaint against LTSB. THe complaint was made in November 2011. OH got a letter today from FOS apologising for the delay in dealing with her complaint but they hope to make a decision in 9 months. She complained in August last year.
  5. Hi All I am in the process of trying to claim back PPI paid on a HSBC card that we have had since 1998! we always thought that this was a condition of the card as we never took out PPI on anything due to either being self employed or we did have a spell running pubs as management couple but would of had to cover for each other or take on extra staff if we were ill so we know for a fact that we never took this out willingly. all this really only came to light last year as our card is paid automatically via direct debit each month but then we started getting calls from HSBC asking for additional payments. I told them that I could not understand how the account was going over the limit as they take the min payment each month and so this shouldn't happen. It was then that they explained that an insurance policy was being debited each month as an expense and it was this that was causing the account to go over each month! I then realised that it was in fact PPI that was being taken from the account and explained this to them and the fact that we would never of taken out PPI at all due to the reasons mentioned before. Then I heard all this stuff on the radio and so made the big mistake of contacting the company xxxxxxxxx who started to to reclaim it for me. After a few months they had a response from HSBC and said that my only other action was to go to the FOS. I told them to leave it and that I didn't want them to go any further. Now I have copied the letter that HSBC sent them below and I really don;t think they have a good enough reason for turning down the claim as they just say that we should of cancelled etc and also they don;t even have the original agreement to prove that we signed for it!!!!! I also wrote to HSBC on 27th Feb 2013 and a copy is below but they have not replied to my letter at all. Yesterday I filled in the FOS PPi complaints form and that has gone off to the FOS and I have also sent a SAR request to HSBC today so that I have all the figures charged etc since 1998. I think I have done everything I need to do and now assume I have to just wait for the FOS to get in touch? When I do some rough calculations with advice from other posts in regard to interest to claim etc this cold be a very large claim if I win it and I'm hoping it will then allow me to clear of numerous debts that I am struggling with at the money so me and my hubby can start again. If anyone can advise or are in a similar situation would love some encouragment as feel like I'm stepping into the unknown here. Thx
  6. Hi I am just about ready to send my N1 form. Have completed POC but I am wondering whether I should include anything from the FOS technical notes: "This will involve the business removing the PPI premiums, any interest that was charged on the premiums and any charges (and interest on those charges) that would not have applied if the PPI had not been added to the account." Any thoughts? suvin
  7. hi. ineed some advice on a ppi claim i had 2 loans with lloyds bank 1. for £11959 taken out in 2006 defaulted 2009 still oustanding 2 for £7459 taken out in 2005 settled 2006 as far as i know they both had ppi lloyds havent hastled me about the 1 st loan alhough i is still outstanding what i want to know is it worth trying to claim the ppi on both or leave well enough alone and if i claim and am ssucsessfull will lloyds take any payment to settle the first loan. on the fisrt loan lloyds refused to pay the ppi insurance when i claimed as id left it longer than 120 days to claim on disabiity i haven't paid the olan since
  8. Hi My PPI claim for a Halifax credit card has now been with the ombudsman for FOUR years and counting, seemingly without an end in sight. Only 11 months of that was spent waiting for my case to reach the front of the FOS queue to be assessed. The remaining 3+ years has been purely down to delaying tactics, stonewalling, and worse by the bank. I apologise for the long post, but to provide some detail: In March 2010 HBOS agreed, in writing, that I was due a refund & that this should be calculated according to the FOS guidelines, as this was "the only fair and reasonable way of addressing my complaint." HBOS then proceeded to make an offer that in no way followed the FOS guidelines and refused to explain its calculation (which is/was also a requirement of the FOS). After several months of stonewalling I took my complaint to the FOS. Both parties have agreed from the outset on the total amount of premiums due to be refunded. Both myself & the bank have every single statement for the account (physical first-hand documents), meaning all the necessary information to make a fair calculation is readily available. HBOS falsely claimed the account was closed sometime in 2010, despite ALL documented evidence emphatically proving otherwise. The account remains open and has NEVER been closed, nor the balance cleared. As mentioned, HBOS has stated it has all the statements for the account & is basing its calculations on said statements (ie no periods of estimation) so it is inconceivable that this could be a genuine oversight. And yet the bank remains unwilling to explain how & why it wrongfully claimed the account was closed. This claim would have effectively wiped off several years of (27.95%) interest due on the refund, amounting to thousands of pounds - this is according to their own calculator/formula sent with their last offer/breakdown sent in January 2014 - which still claimed the account was closed. The account still has a substantial balance and has never been lower than the total number of premiums added at any given point. 100% of the account balance is due to PPI and has been for years - there have been no new transactions on the account since 2007. Again, this is all evident in HBOS' own breakdown sent in January. As a result, I have continued to make monthly payments to the same bank that actually owes me thousands of pounds, solely towards a balance that would not even exist at this point if it were not for the premiums wrongfully added to the account by the bank! Despite all this, HBOS seemingly refuses to even respond to the ombudsman's requests for either a recalculation or even clarification on its formula and its claim the account was closed. Month after month I get an update saying they are still waiting to hear anything back. I am in total limbo and have no idea what to do now. My case should be a relatively straight-forward one & I don't think it would be possible for me to have more substantial & conclusive evidence to back up my claim, yet HBOS seems to act with total impunity. Any advice whatsoever would be greatly appreciated. I feel I have nowhere left to turn. Thanks
  9. Hi people its been some time since i posted on here but i would like to get some legal advice if possible. I have been engaged in a legal battle with willowbrook and southern finance I’ve hit a brick wall and don’t know what’s the best step to take next. In June 2013 my step father was approached at his home by a mobility scooter sales man from willowbrook . He had brought a new scooter as a replacement for the one my step father already had . After the sales banter my stepfather was persuaded to trade in the scooter he had recently finished paying £4000 for and had only used appx 20 times, the salesman offered him £200 part exchange and a finance deal for £5700 for the newer scooter. My step father is 77 yrs old and has been being treated with morphine for his lower back pain over the last few years and is in no way responsible enough in mind to be signing massive finance agreements. The new scooter was delivered in mid june and upon first test found to be unsuitable because it caused my stepfather considerable pain when he tried to use it , so he contacted the seller and asked if it could be rectified he was told that the wheels were solid and that nothing could be done to make it more comfortable to ride. He then contacted me and asked me to help so i told him to return the goods under the sellers returns policy so he rang them and was fobbed off i rang them and had the phone put on hold then hung up on me , I contacted F O S office with my step fathers authorisation and asked them to help me return the goods under the sale of goods implied terms act 1973 and i asked that we move quickly and requested it be actioned before first payment on the finance became due and withing timescales and cancellation periods . After a short time we had a letter back stating that willowbrook don’t provide the finance they just arrange it, we then discovered who the lender was and wrote to R Raphael and son and awaited there response and waited then i phoned the F O S office to ask what was going on only to be told that the person dealing with the case had changed jobs at the F O S and that no action had been taken on the case this was in September 2013 and was already too late to implement supply of goods implied terms act. it was time to start again FOS then wrote to r Raphael again this went on until march this year when the case issued to an adjudicator who has found in favour of the businesses to my horror. I have not accepted the finding’s and asked the adjudicator to reconsider and he is not prepared to re’contact the business until i prove that my step father had phoned the company in June last year and he refuses to accept that we have been actively pursuing the company’s for financial redress since then. He has also told us that the evidence suggests my step father had accepted the goods. This is total crap are these people so stupid that they cant see what is laid out in front of them? I have fired evidences after evidences towards him via document scans that clarify the facts but still he awaits proof of one poxy telephone call.i have asked him to listen to recordings of calls i had with the ombudsmans office in june last year and he confirms there has been contact between me and his office.He also appears unaware of the credit ref agencys and the effects of adverse credit as he keepes asking why the finance is still being paid, I have asked to listen to the recordings he has of phone calls between my SF and me and the sellers and also asked if i should serve an SAR on the FOS to retrieve them. Since this question i have had no further correspondence . I believe that time scales alone have caused this case to go towards the seller and the lender and these time scales have been caused by the ombudsmans office , i am at my witts end with it and don’t know what to do next can somebody please help? Ps the Scooter has remained wrapped up in an unused state since the day it was delivered in an outhouse at my parents house the finance agreement is still being paid as my step father was worried about his credit rating. My step father is now permantly bed ridden and has 4 carers looking after him.
  10. FOS Ombudsman upheld a very tricky complaint against Manchester Building Society, resulting in a liability of £37,000 being discharged and compensation of £1,000 being awarded. The adjudicator had turned it down, but the Ombudsman disagreed with that decision. It did take 12 months and 200 pages of evidence though!! My mum acted as guarantor for my son's first mortgage. Some years later it was changed from repayment to interest only (therefore bearing different risks and a different financial product) then later again to a buy to let mortgage. at no time was my mum advised by the Building Society of the change of product and risk, nor given the opportunity to object to the changes. When the house was repossessed (the full payment for the three months arrears having been returned!!! by the BS as my son was querying the arrears charges) It was deemed unreasonable of the BS to send a letter threatening then to repossess my mum's house unless she paid £37,000 immediately. This was the first time in a year of difficulties with the account that they had contacted her. It was adjudged that, since they knew she was his grandmother, they should have made sure that she not only took legal advice before agreeing to be a guarantor (which she did), but that the solicitor was given sufficient information about my grandson's credit status to be able to give informed advice(which he was not). Well worth the effort - but the extended worry did make my 77yr old mum very unwell.
  11. Have a look and let me know what you think. Any help will be appreciated. http://s911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/ I will be sending a SAR request tomorrow to see what I get back
  12. Hi All I have been having a battle with LLoyds over credit card default charges from 2004 and earlier. Lloyds rejected the case on the basis of it was over 6 years since I closed the card and also that they felt the the charges were appropriate, even tho I have refered to the OFT credit card statement. I referred the case to the FOS and the adjudicator has written back to advise that the charges of £12 are broadly in line with the actual and estimated costs with the legal principles of OFT April 2006 statement. The charges levied on my case were £36 a time not £12. Any help would be appreciated.
  13. Hi Dear, good day 2 u. Hope you are all well. I am sure with your expertise i will be able to make further inroads against FOS adjudicator's appeal on this matter. I am hoping you can assist and advise me on this to make a final decision to appeal against the FOS decision on accept their £150 offer. Kindly pls c below letter from FOS: * Dear Mr Tom, your complaint about Barclays Bank Plc Thank you for talking to me today. As promised, l am writing to set out my understanding of your complaint and to let you know where I am with it. my role and how our service works l am here to give an independent opinion on your complaint. That means that l will look at everything that you and Barclays' send us, weigh up what has happened and then offer my own opinion on how l think this complaint should be resolved. my understanding of your complaint From your correspondence, this complaint is about the problems that you have had after Barclays closed your account and registered information to the CIFAS database following you falling victim to a job [problem]. You told me that Barclays delays in removing the information recorded on the CIFAS database caused you significant distress and inconvenience and that you have had problems with trying to open a current account since. my thoughts Barclays has confirmed that it removed the all information that it recorded to Credit Industry Fraud Avoidance System (CIFAS) was removed on 10 February 2014. Barclays has said that this is the only information that it recorded about your account to this (or indeed any) agency as a result of the account closure. l cannot say why you are still having problems obtaining a current account from another company as Barclays has removed the information that it recorded to CIFAS and as far as far as I can see your credit file remains clear of any involvement by Barclays. However, Barclays accepts that it is clear that this marker was still showing for roughly a month longer than it should have been and that this caused you significant problems. what Barclays has offered In view of the delays, Barclays would like to offer further compensation to fully settle the complaint. Barclays has offered to: Pay you a further £I50 to acknowledge the distress and inconvenience that it has caused (bringing the total offered to £300). At this stage, I think that this is a reasonable offer. However, l would welcome your comments. If you accept the offer, please sign the enclosed settlement form and return it to me. On the other hand, if you do not feel able to accept the offer, please let me know, so that l can consider any further points. " In our leaflet, your complaint and the ombudsman, we explain about your right to ask the ombudsman to review your complaint — as the final stage in our process. l look forward to hearing from you as soon as possible — and in any event by 30th May 20I4. Please let me know now if you plan to reply fully but do not think you will be able to meet that deadline. Yours sincerely *end The FOS guy called me on this Wednesday and ask me what amount of compensation/level I was looking for... to which I said I do not know...whilst discussing about the complain. Today I receive this letter/offer from them. I had made an appeal against Barclays offer of £150 because I knew they were getting away with it. And justifying my reasons as below when appealing FOS. ** Below are some of reasons I had gone to the FOS: 1) the maladministration and negligence of the misplacement of my important letters (royal mail deliveries), after it had been signed for and received by the Barclays personnel as indicated by the tracking receipts, 2) The excessive delay and length of time it had taken Barclays to remove my CIFAS; it was only removed on February 2014 and final confirmation received on 9th March; when all information was received and available for the team at Barclays on 03rd January, 3) Prior to CIFAS entry in 2013, I had been successful in opening a current & savings a/c with Barclays, with my previous reputation as a consumer in 2013. This in fact, after I had been abroad for a long time and not been operating any a/c's in UK for almost 10 years. And now, my difficulty in opening a current a/c or business, even after the CIFAS had been removed on XXXXX Feb (my latest refusal of current a/c on XXXXX February), is proving that my reputation as a Consumer has been badly tarnished and damaged compared to the Consumer reputation before CIFAS entry, (looking at my credit file I have NO adverse credit history.. as i had been from away from the UK for almost 10 years.. and on the closed barclays a/c on creditfile.. it says 0.. 'zero' .. which means the a/c has been closed successfully). Though to this day I have not been able open a/c current a/c with facilities.) 4) The amount of time (almost 65 -75 hours) and effort, I have spent on painstakingly putting together and drafting documents to Barclays bank through internet researching, public forums discussions, getting lawful advice, analysis and thinking on how to best handle this issue when dealing with Barclays. 5) The amount expenses I have incurred through this process in royal mail signed for deliveries, almost 17-25 expensive telephone calls, scanning, emailing and faxing cost of documents that was sent to Barclays. If not for my persistent calls to the Barclays support team during January, I would not been been able to bring this matter to what it is now. Only when my phone calls had raised my case to a level 3 status, I did receive a feedback from Toby on 08th Feb. 6) Loss of revenues, because I had not been able to operate a current or business a/c with my Forever Living Products International Distributors License over the last two and half months, due to the initiation of the CIFAS by Barclays. Pls see attached distribution licence document & purchase receipts. ( Also when i sopke to the FOS guy today... he said loss of opportunity with my business can cannot be taken into a/con this appeal) 7) The pain and suffering that has resulted from this extremely difficult process has been very difficult to deal with and I'm still reeling from the damage caused to me as a consumer. My suffering has been sufficiently admitted and addressed by Barclays, by their very own 'Regulated Poor Service' delivery in their correspondence to me. I have attached these letters for your attention. Therefore I have been unable to accept their level of offer of compensation and feel badly affected by the damage caused to my reputation as a Consumer. ** What is your take on this and advise on it? should I go further? I know you have a lot of experience on these matters. If I am appealing how I can make it the appeal a better one , thus I will be able to be better compensate. Pls advise. Here Below is the original appeal that I made against Barclays at FOS: ** On XXXXXXXXX my Barclays bank current & savings accounts got closed.. without any notice or a request of any clarification from the consumer (me) on the matter of concern. Following this, I had applied for a current a/c at Halifax XXXXXXX and the application was rejected. Its only then I came to realise that Barclays had initiated a CIFAS entry. After a few days of shocks and upon speaking to my colleague and to the police officer (on the reception) at XXXXXX police station, I decided to clear my name. My friend on (XXXXXX) advised me to report the issue to the bank. I then drew up an informative document and met the Staff at XXXXX Barclays Branch on (XXXXXX) around 3.15 pm. The staff member had then contacted the customer support at Barclays and explained the situation and the available proof of documents on hand. I then decided to pursue the matter further with Barclays complaints team in writing. I also lodged a complaint with actionfraud.uk and was presented with a reference number which was disclosed to Barclays. I wrote to The Customer Relationship Manager at XXXXX processing Centre on XXXXX Dec and presented him with all the information I had. Letter and documents sent to the bank were sent on royal mail signed for 1st class service. The Bank then wrote back to me on XXXX 2014. mentioning the case was closed and requested more information if bank was to remove the CIFAS that had been initiated. I then on XXXXXX 2014, sent them further information and the money transfer receipts that was requested. By XXXXX, I still had not received any update and no further action had been taken on this, even though the documents had been signed & received by Barclays on 8th Jan. Alarmed, I call the support team on XXXXXXXX, and had requested them the case (XXXXXXXX) to be re-opened & escalated, which they did so. Shocked again.. to see no further action had been taken as of 8.10 am on XXXXXX 2014, I wrote to XXXXX again and sent him copy of alI correspondence that I had sent him on 6th of Jan through royal mail signed for 1st class. Still no response. Not even a phone call with an update. Expecting a response from Barclays, I kept calling the Barclays support team again and again, to see whether anything has been done about the CIFAS entry, because by now I had supplied all evidence they had requested. On the phone, whenever I called, the support team kept telling me, that they were waiting for someone to work on the case. I asked them whether they can confirm receipt, of my last two recorded deliveries,to which I was told, that 'they may have received it by now and that these were in the process to be scanned into their support system'. I felt something was not right here... thus kept digging. The royal mail tracking confirmed that both set of letters & documents had been signed & received, by the Barclays personnel on 08th Jan and 16th Jan respectively. Thus as pointed above, Barclays had received them, though nothing had been done about it, because they couldn’t find these documents. It had been lost or displaced by maladministration and negligence by Barclays. Subsequently, the above fact was admitted and confirmed by Senior Case Manager at Barclays on 8th Feb 2014, because he had explained what had happened and requested me a copy of the both the letters on email and proof of royal mail posting on fax. He admitted and apologized for the above negligence and delay on my matter. I had then sent him both letters (sent on 06 Jan & 15 Jan respectively), and proof of both royal mail tracking receipts for these. I did these on the same day. Subsequently the CIFAS was removed on 10th Feb. I thought things would be 'ok' by now, but only got awoken up again. During the time of CIFAS and after the removal of it, I had applied to XXXXX (once during CIFAS) and XXXXXX (once during CIFAS) and (once after CIFAS removed on XXXX Feb) to open a current/business a/c to operate my business of XXXXX products license. I had been trying to open a current a/c or business a/cto set up this business as sole trader since the Barclays a/c closure, and had been experiencing difficulties in opening one due to to the CIFAS. By now the whole affair with Barclays had become very wearisome and I once again had raised all these concerns [inability to open a current a/c due to side effects of the CIFAS even after its removal], with XXXX where he had assured earlier on, that he will look into if I had any issues with rejection a current a/c opening and requested that I would notify if such was the case. On XXXX Feb my application for a current a/c at XXXX was turned down. And I did report the matter to XXXX and had asked him to take remedial actions to solve this recurring 'turned downs'. After further telephone conversations and email correspondences, I finally received a page of letter of 'pathetic nature' (apologies for my language here)as below along with a cheque for £150 from Barclays on dated XXXXXXXth Feb. I wish to bring to your notice here, that on this instance of correspondence from Barclays dated XXXX, I ONLY RECEIVED the above 2 items(1 single page letter & cheque was received) and no mention of any other issues had been raised with Toby had been addressed. I was very very upset about this final response and was unable to accept, the offer/final decision from Barclays on this matter. I immediately drew up my dissatisfaction of this decision and notified Senior Case Manager at Barclays on email on XXXX March (as below) along with proof of my purchase of the XXXX Products License to make them understand the issues I had been facing because of the CIFAS initiation. I then sent a copy of the email & along with license, to XXXX, on the same day through royal mail signed for delivery, 03rd March for a further review of their final decision on this matter. I received a response from Barclays on this on XXXX, 1) with one letter dated 11) and copy of another 2 page letter 'providing explanation of CIFAS and other concerns raised', which I should have received [but which I did not receive] on 20th March, along with the letter & cheque I had received. Thus once again only upon my complaint on 03rd March, I had then received the detailed explanation of CIFAS removal. I have been very concerned all along, with the service that I had been receiving from Barclays, ever since the my a/c's closure incident, and it had proved to be right. Right from the start I intuitively felt alarm bells ringing. 1) the maladministration and negligence of the misplacement of my important letters (royal mail deliveries), after it had been signed for and received by the Barclays personnel as indicated by the tracking receipts, 2) The excessive delay and length of time it had taken Barclays to remove my CIFAS; it was only removed on 10th February and final confirmation received on 9th March; when all information was received and available for the team at Barclays on 8th January, 3) Prior to CIFAS entry in 2013, I had been successful in opening a current & savings a/c with Barclays, with my previous reputation as a consumer in 2013. This in fact, after I had been abroad for a long time and not been operating any a/c's in UK for almost 10 years. And now, my difficulty in opening a current a/c or business, even after the CIFAS had been removed on XXXX Feb (my latest refusal of XXXX current a/c on XXXXX February), is proving that my reputation as a Consumer has been badly tarnished and damaged compared to the Consumer reputation before CIFAS entry, 4) The amount of time (almost 65 -75 hours) and effort, I have spent on painstakingly putting together and drafting documents to Barclays bank through internet researching, public forums discussions, getting lawful advice, analysis and thinking on how to best handle this issue when dealing with Barclays. 5) The amount expenses I have incurred through this process in royal mail signed for deliveries, almost 17-25 expensive telephone calls, scanning, emailing and faxing cost of documents that was sent to Barclays. If not for my persistent calls to the Barclays support team during January, I would not been been able to bring this matter to what it is now. Only when my phone calls had raised my case to a level 3 status, I did receive a feedback from Toby on 08th Feb. 6) Loss of revenues, because I had not been able to operate a current or business a/c with my Products License over the last two and half months, due to the initiation of the CIFAS by Barclays. Pls see attached distribution licence document & purchase receipts. 7) The pain and suffering that has resulted from this extremely difficult process has been very difficult to deal with and I'm still reeling from the damage caused to me as a consumer. My suffering has been sufficiently admitted and addressed by Barclays, by their very own 'Regulated Poor Service' delivery in their correspondence to me. I have attached these letters for your attention. Therefore I have been unable to accept their level of offer of compensation and feel badly affected by the damage caused to my reputation as a Consumer. Thus I have reach out to you find rightful justice on this matter. I am confident a justified solution can be reached through you, both in compensation and a repair of my reputation as a consumer that which existed, prior to the CIFAS entry. I am looking forward to your PROMPT solution and reply. Thank you. **end of letter to FOS ** PLS HELP. Tks tom
  14. I'll be as brief as I can. Vanquis incorrectly applied an over limit charge to my account in 2009, which took me over my agreed credit limit of £1,000. In 2010 I logged a complaint with the FOS, they advised me to take further steps before they would consider the case. In 2013 I was able to offer the FOS proof that I had taken those steps and they took up the case. Throughout this period until currently I have maintained the minimum payment to Vanquis. The officer dealing with my complaint requested Vanquis return all late fees and charges accumulated as a result of those accumulated fees, this request has been ignored. It is now waiting for consideration by the main Ombudsman. During this complaint it was noted that Vanquis had charged me ROP, even though I had never agreed to it. I had to go through their complaints process with this first, before the Ombudsman could look at this issue. Vanquis adjudicated that I had taken out ROP and they had listened to a phone call with me stating I agreed. When I pressed for a copy of this phone call, they suddenly said they had made an error there wasn't one, but I must have agreed to the ROP so they would not refund, but would now cancel it in the future. This complaint has now also been taken up by the FOS also. I recently SAR'd Vanquis to be given a lot of garbled scene print outs which I could not make head nor tail of. Copies of one line recordings of phone calls, which haven't noted the involvement with the FOS at all. Several weeks ago I also sent in a request for a CCA, again Vanquis have breached that request and sent a blank copy of an application form with no attached prescribed terms and conditions. Today I have notified them by recorded post that the account is in dispute. The over limit charges and resulting interest applied since 2009 have taken the account to double its limit, the current monthly payment is just over £100. As I am managing to deal with the above issues. But an interesting development occurred in December 2013. As soon as Vanquis were requested to return the over limit payments and interest, they began lodging the amount of credit usage on my credit report. Up until December the amount was always listed as zero. Bare in mind this account has been over limit since 2009. The account is still listed as satisfactory. But their recording of my credit usage has hit my credit in to the FAIR region, where it was excellent before - I have no other outstanding credit. It was only when the Ombudsman contacted them about repaying the charges, that they began recording information - this appears to be quite a vindictive course for them to have taken. I have contacted Credit Expert on two occasions to add dispute reports to the account, they have contacted Vanquis who will not agree to this. I have asked Vanquis to stop processing my data - although I doubt they will take notice. Does anyone have any advice on how I deal with Vanquis recording with the Experian?
  15. Hi Had a few past loans with ppi claims from 1988 onwards, now been with FOS for over 16 months. I found 4 copies of legal agreements in the loft but the bottom part of the agreements were beyond repair and could not make out at all, the top parts of each agreement were readable and you can clearly make out my name, address, the acc numbers, ppi showing single premium, life cover, sickness and redundancy cover with the figures showing and total figure with interest added and the optional box has a cross already in the box which is printed rather that been ticked with a pen and each agreement at the top has the HFC stamp on paid in full with the date it was paid off. When I originally sent copies of the info I had to HFC as above they stated that since it was over a six year period that they have destroyed all records, and although they have acknowledged they were copies of legal agreements they needed info as to why I thought they were missold. I can remember when the loans were taken out that I was told in no uncertain terms on each occasion that unless I took the ppi out that I would not get the loans regardless of my employment status, and since I have found the information from my employer at the time to prove that I got paid work or play, had life cover and got redundancy pay along with a pension. All the above info was then sent to the FOS over a year ago, but now because then agreements don't show the term of the agreements ( ie) how long they were taken out for due to wear and tear the ombudsman is now stating that he needs to ask HFC for more information regarding the terms etc which obviously as per HFC final response letter which the FOS has had a copy they are not going to have as they have already stated they have destroyed all the records so I don't see what that is going to achieve, and even if they do find anything surely then that is illegal to say they have destroyed all records if they have not! But now I get the distinct impression from what the FOS has told me that if HFC have no info regarding this issue, then without that it is down to HFC bank as to whether they accept my claim or reject it based on the information I have managed to salvage and from the vibes I was getting from the ombudsman if HFC have not got any info regarding the terms then HFC would reject my claim and the ombudsman would side with them. It seems to me u cannot win with these people even if you have got evidence to prove that u have had single premium ppi with interest added and box pre crossed and then stamped with HFC stamp PAID IN FULL with the date paid and you can then prove as to why it was missold with evidence from your employer at the time l though that would count for something but obviously not, has this been a complete waste of my time and effort. Any thoughts please.
  16. Hi there, first time forumite so please be gentle. I have an extremely long running case with HSBC over our credit card bill and I now find myself in a very specific situation and I'm not sure where to go for help. As a very brief summary; I tried over the phone to pay a sum from the outstanding balance that was over the minimum payment I was told I could only make the minimum payment over the phone and for anything greater than that, I'd need to go into the branch I went to the branch and the only way they'd let me pay was with cash, not card When I complained, I was told that this was in the T&Cs that I signed, 12 years ago when I opened the account I asked for a copy, under the relevant Civil Procedure Rules and they wouldn't provide me with them I've complained to the Ombudsmen, they've ruled in HSBCs favour My argument is that if they are imposing practices that they say that I agreed to when I signed the agreement, they should be able to demonstrate that I have indeed agreed to it. Without this evidence, their practices are unfair and they should have let me make a payment, for any amount I liked, via any channel available. I have experience of working in the Financial Services Industry and I know that Credit Card companies will (and do) make it as difficult as possible to clear down balances (ask your card company to explain residual interest for example, it's great fun listening to them try). But given that the FOS has ruled against me, I'm not sure where to go with this now. I've been fighting the good fight since January 2012, I don't want to give up.
  17. Back in February 2013 I bought a car from a commercial garage. It was inherently faulty from the start. I attempted with the authority of the garage to get it repaired but new faults kept appearing, so I returned it under SOGA. The garage agreed to a partially refund the £9000 I paid by offering £7500. I had the car for a month and it was in and out of the garage for repair 6 times so I refused their offer. They then got quite nasty with a "take the money or take us to court" attitude so I referred it to my credit card provider under Section 75 of CCA. They told me they thought the garage was being entirely reasonable and rejected my claim. I then took it to the FOS, who upheld my claim and ordered the credit card company to refund me at the beginning of December. They responded after the deadline that the FOS gave them, saying that they were liaising with the merchant. They were given an extension until last Monday to respond, they didn't. Now my complaint has been passed on to be reviewed by an ombudsman. Do I just have to wait for their decision or can I take the merchant and/or the credit card company to court, with the decision of the FOS adjudicator as evidence?
  18. Hi all - I've successfully claimed from MBNA for missold PPI - incredibly easy so I thought I'd have a go at Barclaycard. I submitted SAR and got 6 years of statements showing my PPI active from 2006 - 2007 when I cancelled it (I realised it was a pointless expense). However I noted PPI has been on the account since 1989. Now initially BC turned down the complaint so I went to the FOS and strangely they've caved in as soon as the FOS process was started. I've received a letter from the FOS telling me I will receive an offer by the 4/1/13 however I'm not sure what a fair offer would be - ie will it only be for the year I can show PPI payments or should it include the payments back to 1989? As I can't prove how much I paid can I be paid an amount based on a average yearly balance etc and do barclays keep records like that? Thanks all
  19. Hi posting for a friend please. A friend had two bank accounts with Lloyds. There are balances on both accounts (totalling £1100). We put in a claim last year for Bank Charges (a bit late I know, according to MSE it can still be done), the case is currently with the FOS awaiting a final decision. He keeps getting letters from DCA's acting on behalf of Lloyds and has now received a threatening letter from a DCA's Solicitor. Lloyds are fully aware that this case is with the FOS. Are the DCA's allowed to continue to chase the debt even though it is under query and with the FOS? Furthermore, the amount they are claiming is incorrect. Lloyds Bank sent a letter in March 2013 waiving some of the interest charged being £350 across both accounts. The Solicitor's letter does not include this discount. Many thanks
  20. Hiya I was wondering if anyone could give me some advice? Im fairly new to all this ppi reclaiming so want to make sure the information im giving the FOS is concise and to the point. I took out an Egg credit card in 2006, fast forward to the start of Jan 2009 and I get a letter from EGG saying my payment protection insurance has been cancelled (I still have this letter) I never even knew I had payment protection insurance, I would of never signed up to payment protection insurance, I had a good job working for central goverment so full sick pay, pension good redundancy package etc, not to mention being a member of the union which also had benefits if I ever lost my job/illness/death benefit etc so I definately would never of signed up for payment protection insurance as it was most certainly not needed. I applied for my egg card online and I think I was one of their customers who had pre ticked boxes on the online application as I cannot recall ever ticking a box saying yes to ppi insurance. I had a Halifax Mortgage and I spotted the ppi added to my claim fairly quickly and had it removed and that was not long after so I im pretty certain I wouldn't of signed up for ppi. a year and a half ago I signed up to i-smart to sort my ppi claims out, after about 9 months of no contact from them I sent them a letter to say I did not want them to act on my behalf. That was the last I heard from them. Fast forward to around Oct 2013 and I decide to put some ppi claims in myself, I write to Barclaycard about my Egg card and hear nothing, I decide to call last week and they tell me the claim has already been looked up and closed and if I want to know why I need to call the FOS. I call the FOS and they say a claim managment company acting on my behalf submitted a complaint to FOS about my Egg card claim being rejected, the FOS asked for more info and I did not reply so the case was closed! To cut a long story short I had to write another letter to i-smart and they are no longer acting on my behalf and the FOS have sent me the letter detailing why my claim was rejected and a slip for me to return with my explanation and any evidence as to why my complaint should be upheld. Would anyone be able to advise me how best to reply as I don't want to leave anything important out?! The reply they have sent is 3 pages long so I will just try to paraphrase it. Your circumstances when you bought the policy Took the policy out in December 2006 over the internet. The cost of the PPI was £0.75 per £100 of the outstanding monthly balance. If you made a successful claim, the PPI would cover 10% of the outstanding monthly balance on your credit card. This would have been paid upto 12 months per claim. We asked your representative (i-smart) to give us more information about your circumstances when you bought the policy. Because we have not received that information, I cannot conclude that policy would not have provided you with reasonable benefit compared to the cost. So for this reason , I cannot uphold your complaint. From the information I have gathered I do not think Barclays recommended you take out the policy and I have kept this in mind looking at your case. I did not even realise I had this policy so I can only conclude that it was a pre tick box on my online application, I only discovered I had ppi when I received a letter from Egg in early 2009 saying my ppi had been cancelled, why had it been cancelled? I didn't even know I had it so why was it suddenly cancelled? Was it because they had been told at that point their practice of pre ticked boxes was wrong? When I checked the terms of your policy, I found you were eligible for the policy when you took it out. We check whether the business made it clear to you that the policy was optional, looking over the information Barclays gave when you took out the policy, I have found that you made it clear you wanted to take out the policy in your application. Because of this I cannot fairly say that Barclays did not make it clear to you the policy was optional. Again how did Barclays make it clear it was optional when it was added sneakily on my intial online application with a pre ticked box that was ruled in court to be wrong? Were the policy’s costs and benefits made clear to you?: I can see Barclays could have made information clearer to you. But I think your circumstances at the time suggest the policy was not too expensive for you, and it’s benefits could have been useful to you. Does it matter if the policy was not too expensive for me? I did not want or need the product! My job and union cover would of covered me for this, not to mention if all else failed I could of asked for my parents to cover the cost, it was simply something I would never need! They have admitted Barclays could have made information clearer to me, maybe if they did that I would of realised ppi had been added and I could of called them to have it removed? For the reasons explained – and taking into account all other evidence I have - I cannot conclude that Barclays mis-sold you the policy. They did not give me an option to decline the policy surely that is mis-selling? I didnt know I had the policy, I didn't need the policy and had adequate cover elsewhere Any advice would be greatly appreciated!
  21. I was wondering if anyone has had this before. I asked for an update from FOS on my PPI claim against Robins and Day. I was told that they are objecting to the investigation due to it being outside the 6 months. However, after chasing this up with the FOS I quite clearly am within the time frame. I'm just within the deadline by around 2 weeks but obviously within it. I just wondered what they have to gain from quite clearly lying even though the FOS have the dates with them? I think their argument could be that the FOS didn't contact them until after the date so what is likely to happen?
  22. I have posted complaints about 2 lenders to the FOS and passed the reference numbers to them, yet they are both still chasing, one quite aggressively. Are they meant to suspend action while complaints are being investigated?
  23. Hi Guys Anyone got one that they could scan?, need to have a read as a matter of urgency. Thanks in advance.
  24. I have recently taken a complaint to FOS, regarding us being mis sold our mortgage by Halifax. We approached several mortgage companies in 2007 for a mortgage and were refused by everyone except for Halifax. At the time my husband was working and i was and still am on benefits as i am disabled. They offered us a mortgage at fixed rate. In 2009 my husbands health deteriorated and he had to take early retirement which meant that we began to struggle making repayments to the mortgage. Halifax were very unhelpful in assisting us with how to sort our problems out. Everything we suggested such as adding our daughter on the mortgage they refused. It has since come to light that they had made assumptions when it came to my husbands pension and had foolishly calculated his yearly pension as his monthly incoming???? we took the complaint to the FOS and they have come back to us and we have in writing that halifax have ADMITTED mis-selling our mortgage yet our only options are to pay the arrears or sell our home??? Surely if they have admitted liability then they are responsible to give us some compensation? all we want is to remain in our home with payments we can afford and not the £900 a month they are asking for. can anyone help or advise?
  25. Hi all first time poster.. My credit card account dates back to 2002 I have been paying a monthly PPI premium any time this credit card was in debt. After reading a lot of success stories of people reclaiming their PPI I phoned Halifax and started a complaint 30 days ago. They told me to fill out the FOS questionnaire which I sent back leading to my claim being declined. In the FOS questionnaire I wrote I felt pressured into taking the policy and they didn't explain the terms and conditions clearly to me. The official letter response said I applied for PPI over the phone the terms and conditions were explained clearly to me and that i wasn't pressured since it was a phone conversation. For one i can't remember the phone conversation as it was 10 years ago now if it even took place. The letter also states that if i don't raise any more concerns they will consider my case as closed in 28days. Is there any way for me to hit them with a SAR request (template?) to get access to the original PPI policy details, the amount I have paid into this policy, access to the phone call log if it exists and any other details I might need? The only documents i have is the credit card application and terms and conditions. I intend to follow this up by using the financial ombudsman service and would like to have all the paperwork regarding my case to send to them.
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