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Found 20 results

  1. Hello, Old user, new issue : Where do i post HMRC issues please? Its regrading old tax penalties from 200-2002 reclaimed against last 2 years accounts as a self employed person resulting in loss of approx 5k
  2. Hi all, Santander have made an offer based only on the PPI amount and associated interest and no interest because... 'On a rolling line of credit account 8% out of pocket interest is only applied if the loan would have had a credit balance had the PPI not been included. ... This is in line with the requirements of the FOS and FCA' I believe this to be complete nonsense: I take a restitution approach with unjust enrichment. Had I had the PPI amount then I could have invested it and gained at least 8% interest. Has anyone challenged this and been succesful? Do you agree with me? How do you challenge their full and final offer? A letter first stating the argument I assume then ... FOS seem to be under pressure and likely take a while??? or... direct to county court? I have exactly the same argument presented to me for no interest offered on my Credit Card PPI.... Any advice would be helpful... thanks
  3. Hi, I had an account with Natwest, which was shut down about 6 years ago. At the time, I had my Overdraft of £1800 (all owed), a loan for £1000 (£897 remaining), and one for £5000 (£3976 remaining). Due to my financial issues due to illness, I'd had to live off what little credit I had, and after a few months of being unable to keep above the maximum 1800 Overdraft (frequently going to £2000 when bills hit) my account was closed Following this, I was taken to court and something (I forget the technical term now, sorry) was put on my house so that when sold, my outstanding debt to Natwest would be paid out of any monies I received. We have since sold the house to a housing agency (again, lost it due to ill health and financial issues) and NAtwest received nothing because the mortgage was not fully paid off. Following this, Natwest sent debt collectors. MY wife was had by Shoosmiths (for similar level of debt) I think mine were Cabot financial (They currently take £2 a month from me, but I'm sure they said it was passed on however I've received no new paperwork) the debt is now with a debt collector. This morning I got a letter from RBS, regarding my Natwest loan, to tell me that I'm due over £800 in refunds Which will be paid into my account if it is still active, otherwise I will receive a cheque. MY account was closed, I do still get statements every 6 months about what is still outstanding. Will my refund get paid to these account, despite being closed, or will I get it? As if I receive it, I'm quite happy with my current £2/month arrangement and don't wish to just send them nearly a grand, when I've got other bills that are slightly behind now (council tax, water, TV, gas) that I would like to clear off, and I could do that with the payout, and still have a little bit over to help at christmas. As I paid these bills at a time when I owed them nothing, and I was not given a real option of not paying (I was flat out told I had to have it or I'd be refused). To me, they took money they should not have had. it should definitely all be paid back to me, for me to do with as I please. I realise they won't see it that way though, but just wondered if anyone else in a similar situation has had this happen, and received the cheque? As they only send me updates every 6 months, I wont find out now until March, as I got my update 3 weeks ago. :\ So I'm hoping someone here can help me a little sooner.
  4. Capital one have upheld my misspelling of ppi complaint but have written to advise me that they are offsetting it to a balance on my capital one account that is currently in a dmp. The repayments I am making to my dmp are to capquest. Is capquest part of capital one? I'm not sure if they just collect on behalf of capital one or if they have purchased the debt?! Any advise appreciated
  5. Hi new poster and any information is greatly appreciated. Had a credit card debt with HSBC which become statute barred last year. Earlier this year I received a phone call from a collection agency about the debt and after explaining it was statute barred and didn't want to discus it with him he said ok he'll check. A few week later HSBC sent me a statement saying the account balance was now zero so I'd assumed they'd written off the bebt. Today I've received a letter from HSBC stating they have upheld my PPI complaint for mis-selling on the credit card and they would redress the funds to me. My question is as the last statement said the account balance was zero and there was no mention in the letter about offsetting the money they owe me for any money I did owe them previously - would they still look to not pay the funds directly me? Thanks
  6. Hi All I am hoping that somebody can answer this for me please? A few years back we claimed PPI refund from Welcome Finance via the FSCS. We were awarded around £8000 which was, as expected offset against the loan balance. I am sure that I have read somewhere that whilst they have a right to set off the PPI refund element, the 8% interest element should have been refunded directly? I am now unable to find anything to back this up, and am wondering whether I dreamt that I read this? Would be grateful if anyone can help. Thanks
  7. I don't know if anyone can help be I am doing my self assessment last minute as usual, I am self employed as a foster carer on which my profit was around 9,000 and catalogue business which I made a loss of around 800. I have filled in the box to offset my loss to the previous year as I had to pay some tax last year which is unusual for me. Does this mean that I should get a rebate from last year? Because the calculation is coming up as I have to pay around £80 National Insurance as I am over the threshold for that and there is no rebate from last year included in the calculation. How does it work? Alternatively can someone tell me how to get the help chat box to come up when you are logged into your account? It popped up yesterday and I managed to ask a couple of questions, but I then closed it and now I can't find it. Sorry to sound so stupid but I have been struggling with these tax returns for the past 4 years and I'm pretty sure I am doing myself out of money by not knowing what I am doing.
  8. HI all Just wondered where we are with offsetting ppi redress to cover a balance made up of charges and compound interest. I had a credit card with capital one which was in default and was bought by lowell, In 2013 i received a ppi reddress payment from capital one and this was paid to lowell to cover a balance made up entirely of charges and compound interest, despite challenging them since they are just giving me the runaround and being deflective in their letters. I have done the spreadsheet and can see it is over £3000 for the charges and over £5000 if ppi was included in the calculations so could do with a push on the best route to take to try and recover it thanks
  9. Hi, First time poster, long time lurker, so be gentle! My partner had an old mobile phone debt being chased by Lowell for 3 Mobile. I sent them the Prove it letter in 2011 back not acknowledging the debt and requesting the credit agreement. They sent back one page of an overdue mobile phone bill as proof. Nothing else. The debt would have become statute barred at the end of this month. Fast forward a few years, and it now turns out they issued a CCJ for £350 in January to an old address she has not lived at for 6/7 years, whilst sending threat-o-grams to our current address and our previous address to this one. She has had a letter from Bryan Carter Solicitors yesterday informing her that the CCJ is now in arrears of £150. This was the first we'd heard of any CCJ being issued, never mind arrears, and only today has it appeared on her Noddle credit report under her old address. We have heard nothing from the court at all, but thats understandable given they were provided the wrong address. The noddle report says its £350. They now want £350 for an original £70 debt, which was increased to £209 in 2011, and are adding on these CCJ arrears. My partner has no job (not claiming benefits), no property and no real items a bailiff could repossess. We rent and I own all the items in our flat. I know nothing about CCJ's but a quick google indicates we'd have to pay £155 to apply to have it set aside. They are demanding the CCJ arrears for £150 to be paid in full immediately. I don't know if this is Bryan Carter adding this on, or this is court ordered. We are not married but could they repossess my items as we share a home? What should we do now? Hopefully I've given enough details but please do ask if I've neglected to mention something.
  10. Hi, I am new here and would like some advice as i am quite confused. I had a PPI claim with Shop Direct upheld by FOS. My account was sold on to Lowells whilst in a debt management plan, of which i still am. Lowells are not a partner of Shop Direct and they have confirmed to me that Shop Direct no longer own the debt. Shop Direct have wrote to me to say they will offset my refund straight to Lowells. I was under the impression that as the debt is no longer Shop Directs as they sold it to Lowells then this cant be done. Whilst querying this yesterday with the FOS the lady there told me as Lowells is a debt collection agency then Shop Direct can do this. I am going to put in a complaint to Shop Direct to see if I can get the refund paid to me but just wondered if anyone has any knowledge on this. I have a far more pressing debt in which this refund would have helped with alot, so hoping anyone with any advice would be able to help. Thanks Stacey
  11. Hi, I'm about to make a claim for missold PPI on a Welcome Finance loan sold that was sold to MKDP in 2010, it is definitely statute barred ( sure of that). I wanted to know if FSCS rules are different that with normal lenders, if I put the claim in will they be able to offset the refund against the debt? As far as I'm aware, a company can't offset a PPI refund against a debt that has been sold to an external DCA (in this case MKDP). I would be grateful for any help with this. Thanks in advance.
  12. Hi guys this is my first post, I took a loan with Natwest in 2007 and was told when applying that I must take the PPI to get the loan. A year later I cancelled the PPI and made a complaint to RBS, it took them 12 weeks to investigate and they didn't uphold my complaint, they said that they couldn't locate the call records but as I had signed for the loan that meant I had signed for the PPI and was aware of it. At the time I had been having money problems which was a reason for me trying to get a refund of the payments at the time, Natwest eventually defaulted me in December 2008, I moved address shortly after and I have not made a payment since about September 2008. I received a letter from RBS in July this year saying that they would like to look into my original complaint again and asked if I could sign and return the form to confirm my new address, I called RBS and they confirmed my details by phone and I was told that I would receive a decision in a few weeks. I'd heard nothing for about 4 weeks until I received a text message from RBS-PPI on the 27th August which said "Dear Mr RacingRandom Re PPI ref: *****. We confirm your payment has been made by cheque. Please allow 10 working days for receipt" I hadn't received any letter or form to sign to accept an offer from RBS, just this text message. On Friday I received an offer letter from them dated the 20th August, nine days before I received the text message, in it they make the offer which I am happy with but as you probably know they state that any funds will first be used to offset and the remainder to myself. The loan is still unpaid with a balance much higher that the refund for the PPI, the loan is showing on my credit file until the end of September and it hasn't been sold, I also have a Natwest overdraft unpaid for the same amount of time. So I am wondering if anyone has any experience or has heard of RBS not offsetting against an old debt, I'd love to receive a cheque and I could do with the money :smile: I was fully expecting any refund to be offset against the loan but the letter and the text message are conflicting. I also thought that any offer the bank makes has to be accepted by myself but I never received an offer just an outright decision, is this normal? Thanks in advance for any help guys.
  13. Hi, First time thread, long time reader. My partner made a PPI claim against Santander on a defaulted personal loan the residual debt of which is still owned by Santander. On 11 July they offered £2606.25 in settlement of the complaint but said they would use all to clear the outstanding balance of around £3k. A letter was sent back as follows: Dear Sir, Thank you for your letter of 11 July detailing the offer of redress I have signed the acceptance with the offset wording deleted. I do not consider this appropriate as: The enforceability of the debt is not certain, your letter commenting on being unable to locate copy signed agreements ("unable to locate the interest rates") I am in financial hardship, principally the property that I share with my partner has a mortgage attached which is in arrears and there is a suspended possession order in place. I have attached recent copy correspondance from the mortgage company. This is considered a priority over any alleged unsecured debt I therefore request full payment of the redress by way of cheque to my address at .......................................... and enclose a utility bill verification for your records The mortgage arrears are £1406 and the council tax bill showed £495.79 subject to court proceedings. On 25 July they sent a cheque for £1741.02 but no breakdown of how they came to this figure. When I spoke to the Santander PPI helpline they passed me to collections dept. They did not have any information as their file has been closed down as the debt has been passed to a DCA, Wescot and that she should be grateful as many people do not get any payment in these circumstances. Therefore they could not answer my question on as to whether the held back sum of £865.23 represented pre default notice arrears. As far as I am aware and looking at DCA correspondance the debt has not been sold to a third party. The cq represents 2/3rds of the actual redress and I am thinking this is not a co-incidence, i.e. they have plumnped for 2/3rd rather than any actual figure. The loan repayments were £158.66 plus £8.20 PPI and none of these divide into £865.23. So, I suppose I am wondering as to whether the cq should be banked rather than wait 12 to 18 months for FOS to come back and tell me just that? I am grateful to CAG as this was the resource I used to help compose my letter to them which has helped get to at least a positive, cq in hand, scanario but would welcome any comments from people who may have had a similar experience.
  14. Help urgently wanted finally got a letter from rbs admitting fault for miss-selling a mortgage 12 years ago but they will not pay for the assurance policy that went with it as they understand that it was unsuitable for my stated needs but that I agreed so that's that. They are offering compensation for the mortgage which I paid for 7 years before discovering it was massively under performing and would not repay the loan. The big problem is that I am in financial hardship because of severe disability and illness. I am currently paying interest only on my mortgage. They have suggested that they will take the compensation from my existing mortgage which I took out 5 years ago. I am not in arrears and have never missed a payment but bank with them again not owing them any money. I need to know any grounds for asking for the money to be paid to me rather than taken off my current interest only mortgage. I realise of course it would be great to owe less for the future but the facts are that I feel this was money I lost at the time as I had to start from an endowment to a completely new mortgage. My future may mean moving house at which point it will be to down size and I am still in positive equity if sold it would be repaid fully with sums towards my new home. I would be very grateful if anyone could advise of whether the bank can treat my interest only mortgage as a debt in this instance. I realise it is in a true sense but in the current situation do I have grounds for asking for this sum to be paid when I need it most. Ironically I was a high tax payer so did not miss this at the time but it seems very bad that I need it to just survive and now find it could be paid in effect for future mortgage payments . I don't know how to overcome this repayment to future mortgage payments on my interest only mortgage on what grounds or challenge them over the assurance policy that went with it which they admit was in fact wrong for my stated and documented needs but say I agreed even upon realising this but it was more than a year into the policy when I found out about exclusions that did not meet my needs and by this time I had already taken out the mortgage and was not offered an alternative. I am pretty desperate as I cannot find any posts or information as to if repayment mortgages are seen as debts to RBS and since I am not behind or in default and have never been can I ask for this to be paid despite having a mortage with them in force. Thanks
  15. Hi I'm new to the site,any help would be greatly appreciated. Can anyone please tell me if a Won PPI claim that is awaiting acceptance can be used to repay an out standing loan that has been sold and re-bought by the original lender? ie..HSBC to Compello then Compello back to HSBC,now managed by Ceneral Debt Recovery Unit on behalf of HSBC. Also, I read here about a statutory right to waive set off, link below (add W W W.) is there any truth in this? 31.9A.80 Compensation received, set-off not applied; insolvencydirect.bis.gov.uk/freedomofinformation/technical/technicalmanual/ch25-36/chapter31/part9A/Part 5/Part 5.htm Thanks for any response
  16. I have already submitted a ppi claim to Natwest which I believe is with the calculations dept! 2 questions really. 1) They have just requested authority from my husband as the main policy holder which has really bugged me as this is the first time since the claim was submitted so surely they should have requested this before. Delay tactics? 2) We are on a DMP with cccs atm and the company I am claiming against are 1 of our creditors. The claims are for 4 closed loan accounts. The remaining loan account has already been ccj'd and has a court order to pay a set amount each month. My quextion is, can they or are they likely to offset any claim award against this account with a court ordered payment in place already. I could really do with the payment to fix a few house problems and fix my car which I need for work. any remaining would go to our credittors but I think it should go pro rata not just to natwest. Have any of you guys had the cheque straight to you? I don't intend to waste the money but think it should be my decision who get what! I am also considering a self managed dmp as I don't think cccs have helped that much and were useless when natwest took us to court.
  17. Can the ppi refund be given in part to a debt that has been sold and the rest to me? Or do they have to give it all to me? Many Thanks
  18. I sued Capital One in 2009 for credit card charges, they sent a cheque before the hearing, but they deducted £352.86 of this from the settlement cheque to pay Cabot whom they had sold the debt to. I now understand that they should not have done this under the offsetting rules, I have successfully claimed from Monument before over this, shall I be writing to the DCA for the money of Cap 1? I have just looked through the correspondence from the time and I have accepted the cheque as full and final settlement for paying the money to cabot. Also, they sent a letter to the court claiming they had paid the full amount under no liability. So does that leave them open for another shot? Do I still have a chance even though I achknowledged the payment to Cabot?
  19. My husband had a business which ceased trading as a result of this my husband had a loan, which he had to pay back to the bank, to pay all the debts, which the bank called in the (overdraft) he had been given. He was a sole trader, . He was supposed to be paying £200PCM via direct debit he would transfer money to this account or pay in cheques to cover the payments. The cheques that went into the account were made payable to ***** He was apparently four months behind on payments but was unaware of this. He works for his father’s business now, and is a signatory on the account. His father is the director and this is a limited company. Both accounts for both companys are held with Barclays, obviously separate accounts and account numbers, with no connection between the two companys. In October he went to the bank in order to pay cheques x 3 into his fathers business which is the limited company, the cheques were made out to this company. Somehow my husband who had a paying in book for his old company in his drawer, managed to complete the wrong paying in book and presented the cashier without him knowing three separate cheques which were made out to his fathers business. The cashier did not pick up on this error and they got accepted and paid into his sole trader business account via the banking system. This account is in a completely different name so there could be no confusion. These cheques have cleared. My father noticed that there had not been a deposit into the company bank account and queried this with me, I checked the paying in books and realised I had made an error and rang the bank. I was told that they couldn’t deal with the issue at the branch and I had to contact the Head Office Complaints Department and generate a complaint. I did this and was given a reference number and was told this could take 10 – 12 days. I rang again a week later and was told because I am a signatory on both accounts they can keep the money because my account was in arrears! Its like a cheque being paid out to fred blogs but its paid into a completely different persons account but the bank says well sorry we have taken it now. I understand the right to offset but this isn’t the right to offset rules. the way I see it as my fathers business is a substantial amount of money down which is affecting his business, c ausing bank charges and interest being lost. I should be able to claim all of these costs back. Can someone advice me what to do quickly, I think put it in writing but to who? And to speak to FOS but I also think put in a civil claim now. Advise urgently pls people greatly appreciated.
  20. Good afternoon, I have received nearly £3000.00 from MBNA for mis-sold PPI. No doubt, Link will be after me, but no offset suggested from MBNA, so Link can keep chasing - until they make me a reasonable f&f offer). Cheque banked today so donation making its way to CAG on Friday - (Site Team - donation link please) Have many more hurdles til they've all complied, and still have charges to go for, but want to say thanks for all help so far - Ims, Slick, Brig, citB (and all caggers) you're the best.
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