Jump to content


  • Tweets

  • Posts

    • Sorry I didn’t think to come and update this.    So the outcome was that he went to court. Apparently the judge told the landlord off for not sending a letter before action but did nothing about it. He didn’t accept all the damages the landlord claimed, and told him off for accusing my friend of deliberately and maliciously damaging anything, and he awarded him small amounts of the damages he claimed for. The landlord had also made an awful lot of things up that never existed and accused my friend of stealing them, and the judge didn’t accept any of those claims.   However, I’m back asking advice now. So he made an offer of payment via the court forms, sometime before Christmas and straight after the hearing. The landlord didn’t reply so the court accepted the payments.  My friend has been paying the £10 a month each month. Then a couple of days ago he had received a letter from court with a hearing date in a couple of weeks, and a very irate letter from the landlord saying that my friend has consistently lied and that nothing he says should be believed, and that he wants the bailiffs to be called on him and that he absolutely refuses the payment plan. The letter is marked as received by the courts in December and this is the first that’s been sent since then. My friend and his wife are now panicked, what does this mean? And can they now get bailiffs sent round? He earns an ok wage, which somehow the landlord has referred to in his letter, but he equally has a lot of expenditure and can’t afford to pay any more. What will happen at this hearing and can they send out the bailiffs just because the landlord wants them to?    I have no clue what to advise him, can you help at all please?
    • Thanks Bank – I took your cynicism / experience on board and responded thus: Thank you for your response Mr Schnur  I set out my position quite clearly in my letter of claim and nothing has changed. Your insurance requirement is unlawful and is contrary to section 57 of the Consumer Rights Act, and also section 72 of the same statute. I would also refer you to the outcomes in PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729).  My deadline for action - 1 May 2024 - still stands.
    • The other thing is that you are making a big mistake imagining that they are at all concerned about wasting court costs et cetera. They are only concerned about being obstructive and discouraging others.  
    • I have dad's last will from 2019 which mentions the trust. I am in the process of going through probate as the only thing that needs probate is a couple of shares he has (under £3000).  Speaking to my brother and my dad's wife they wouldn't mind going with another solicitor if we need to pay extra for the trust.   
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

loanmakers ppi


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5524 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

i have recently wrote to loanmakers claiming that me and my partner was mis-sold ppi on our secured loan,it all started back in october last year when i looked through our paperwork regarding a loan we had in february 06.we paid it off after 12 months.the loan was over 20 years but the ppi cover was only for 3. i found that i had signed the needs and demands statement to say that i did not wish to purchase ppi on this loan but my partner had signed to say he wishes to purchase it even though he had told them that he works for the local goverment and has very good sickness, redundancy and death benefits which loanmakers were made aware of at the time of the loan application.anyhow delving more into all our paperwork we discovered a policy schedule in my name only(wierd cos loanmakers had my signature stating i didnt want it)when i confronted loanmakers on this they explained that my partner was also covered but he would have had a seperate policy(we had never recieved such a copy)to which they then sent us the both policies..both were exactly the same apart from our names. anyway they said they would look into why i had a policy and would be in contact soon.after a while i got a letter from them saying that they believe we was not mis-sold the ppi blah blah blah but they was going to uphold my complaint that we should have had just one policy and as a result of their findings they apolgised for their poor service and said they would restructure our loan and take my name off the ppi cover and give us the difference back (oh by the way this loan was paid off back in february so if they had done a detailed investigation into our claim like they said they had.they would have known all this) i wrote back to them to tell them this and he said he would look into it again. i then got another letter back last week to say they would send me the difference in cover from 2 policies to just one, and as a gesture of goodwill they would not charge us for the time we were both covered (wot a cheek) i have now took it to the ombudsman to see what he makes of it.....

Link to post
Share on other sites

Hi there deedee and welcome to CAG :)

 

It sounds as though your claim is in full swing at the moment, but if you need any additional support/advice, just post back on this thread and hopefully somebody will be able to advise you further.

 

Best of luck with your claim :)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

hiya

thanks..................yeh i just got a reply off ombudsman yesterday to say they will deal with it but said they have a backlog so it may take a while,but i got all the time in the world,i know i was missold the ppi so why should i take a fraction of what they actually owe me. the full policy cost 5.500.and they admit to poor service but only want to give me £2k,......i dont think so.i will post as soon as i hear anythink.

Link to post
Share on other sites

  • 3 weeks later...
hiya

thanks..................yeh i just got a reply off ombudsman yesterday to say they will deal with it but said they have a backlog so it may take a while,but i got all the time in the world,i know i was missold the ppi so why should i take a fraction of what they actually owe me. the full policy cost 5.500.and they admit to poor service but only want to give me £2k,......i dont think so.i will post as soon as i hear anythink.

 

Hello - Good Luck with your claim!

 

I am just starting a claim against loanmakers for PPI for mis-selling me a policy as they put me under a lot of pressure over the phone to take PPI as Id recently just been out of work & so needed the loanmakers loan to pay off the arrears Id built up.

 

Anyway, my question is - when they were looking into your claim, did they ask you to complete a really long survey about your circumstances when you took the PPI?

 

They've sent me one, I'm just really wary of filling it in as I've a feeling they are going to try use it to catch me out on any differences between what I told them on the phone & on this survey. I don't know whether to complete it or not, as I don't want to give them any excuse not to pay.

 

So if you could please let me know if you also went through this process I would appreciate it. If anyone else has any advice on this as well I'd love to hear from you.

Link to post
Share on other sites

hiya mather

no i didnt get one of those(dont know why) but i have heard that a few people have had them and other members on the forum were advising them to send it back blank, with a note saying that they should already have this information which they would have gone through to ensure that they were selling you something that would be of use to you. sorry cant help anymore but i also think that they should already know all your circumstances when you took the loan out .......good luck anyway

Link to post
Share on other sites

hiya mather

no i didnt get one of those(dont know why) but i have heard that a few people have had them and other members on the forum were advising them to send it back blank, with a note saying that they should already have this information which they would have gone through to ensure that they were selling you something that would be of use to you. sorry cant help anymore but i also think that they should already know all your circumstances when you took the loan out .......good luck anyway

 

I agree deedee, do not fill in anything they send you. Unless it is to sign to say you agree to a full refund of money owed plus interest:grin:

 

As stated they will have to provide evidence that they had already provided a service/checklist to show that the insurance they sold you was sold fit for purpos.

 

Do not do it:wink:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

  • 4 weeks later...

hi

just to keep u updated got a letter from ombudsman on friday to say they still have no information for me but will write back to me within the next 4 weeks, so i rang them and asked were was it all up to the lady told me that they had recieved my file from loanmakers last week and have got all the information they need from both parties, so its just a matter of someone taking a closer look at it all then they will be in contact with me..so hopefully i should hear something soon

Link to post
Share on other sites

  • 4 weeks later...
  • 2 months later...

hi. does anyone know how long it takes for the f.o.s to deal with complaints. i have had several letters from them,most of them saying we will be in touch in the next 4 weeks with an update, the latest one states that they have a very large volume of cases and they are still not in a position to allocate my complaint to one of their adjudicators,and they will let me know when my complaint is ready to be assessed. i sent my complaint off to them at the end of jan 08 and got first reply off them a couple of days late deedee

Link to post
Share on other sites

  • 3 months later...

hi just to update. i hadnt heard anything from fos for quite a while so i phoned this morning,the lady told me that at the minute they are dealing with the complaints that came in the last week of january 08 and mine was the first week in feb 08 so she said i should hear from them within the next couple of weeks my complaint has been with them for 8 months now and still awaiting to be passed to an adjudicator, with any luck i will not wait much longer

Link to post
Share on other sites

  • 2 weeks later...

Hi i am also claiming back PPI from Loanmakers the problem i have is it was sold to me before they were regulated by the FSA. They replied to my letter by saying i signed for the PPI so tough luck i should have known what i was signing. I have sent them a second letter threatening to take them to court if they do not refund my PPI, but they just sent a similar reply to the first letter.It was front loaded and only covered the first 5 years of the loan and was only for me when the loan was in joint names and i paid it off early and did not get a refund, so i think i have a good case for a refund. I am unsure about how it will go if i take them to court, does anybody has a success story where they have won in court in a case like this as i need reassuring that i will not be wasting my time and money.

I would expect them to issue a defence a take it all the way to the court hearing and then not show up just to mess me about but i need some advice as what to do if i have to appear in court. Any help would be most appreciated. Thanks.

Edited by comando09
spelling mistake
Link to post
Share on other sites

Hello deedee,

 

hi. does anyone know how long it takes for the f.o.s to deal with complaints. i have had several letters from them,most of them saying we will be in touch in the next 4 weeks with an update, the latest one states that they have a very large volume of cases and they are still not in a position to allocate my complaint to one of their adjudicators,and they will let me know when my complaint is ready to be assessed. i sent my complaint off to them at the end of jan 08 and got first reply off them a couple of days late deedee

 

6 to 9 Months and most likely longer.

 

Have a look at post 254 from my own link here to see the delay problems.....alanalana PPI claim against RBS (looking for some help) please

 

It takes a long while but IMO worth it it cost nothing, no Court procedures if you are not sure of them but the downfall is the time it takes. You always have Court action as a last option if you go down the FOS route first.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

Link to post
Share on other sites

hiya they told me the same thing when i rang them at the begining of july... that they had all the details and information they needed from me and from loanmakers but were awaiting an adjudicater to look at it. i gonna ring again tommorow to chase them up but i bet i get the same response that its still waiting to be passed to an adjudicater

Link to post
Share on other sites

hello deedee,

 

I am afraid it is a game of being patient although I am near to writing back to the ICO as I sent my first complaint in March, which was acknowledged in May several telephone calls to them since and the complaint has not yet been passed to a case officer and when that happens they still have to go through all of my correspondence then write to the bank who then have 28 days to respond so seven months so far and probable a few more and this is just to get the information I requested in my SAR back in January.

 

Things I am afraid are falling apart in the regulatory system even the FOS are massively swamped with complaints.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

Link to post
Share on other sites

  • 4 months later...

hi just an update

after my case been waiting to be passed on to an adjudicator for 13 months with the fos i have recieved a letter this morning from them telling me that loanmakers went into administration on the 3rd february, and they will be in touch within 4 weeks to let me know the outcome.....:-x

Link to post
Share on other sites

Hello deedee,

 

hi just an update

after my case been waiting to be passed on to an adjudicator for 13 months with the fos i have recieved a letter this morning from them telling me that loanmakers went into administration on the 3rd february, and they will be in touch within 4 weeks to let me know the outcome.....:-x

 

This will undoubtedly become more of an issue as the credit crunch bites even deeper more companies going into administration so where do we stand?

 

I am sure the FOS will be able to give guidance and even though the FOS seems to be frowned upon on by the CAG site (as per the recent links to everything fos, they have now put in advice to go the Court route) they the FOS have produced results for a lot of people who did or do not have the fees for presentation at Court, or in fact who would have had to face Court in Scotland where the laws are totally different and the limits on claiming are lower than in in England. IE RBS now owned (most of it) by the tax payer.

 

The FOS route is free and although it takes time, if your complaint is not upheld you still have the option of Court proceedings.

 

They are busy but they will get there in the end without a multitude of form filling and Court fees, timings, hearings, evidence etc.

 

The FOS will take a complaint form with copies of all correspondence and take it from there.

 

Hope this helps

 

aa

 

 

 

forumbox_top_left.gifforumbox_top_tile.gifforumbox_top_right.gifforumbox_left_tile.gifforumbox_right_tile.gifforumbox_bottom_left.gifforumbox_bottom_tile.gifforumbox_bottom_right.gif

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

Link to post
Share on other sites

Hello site team,

 

I would like to ask why all the references to FOS now are linked to a message saying don't bother etc etc.

 

Is there a problem with caggers using FOS to obtain a result on PPI mis-selling? or any other issue, other than going down the Court route?

 

I got IMO a good result, so why would caggers be given a general message not to bother with the FOS? I thought the aim of the game was to defeat the banks etc by whatever means! Court, FOS or whatever.

 

The FOS costs nothing the Courts you have to pay for:confused:

 

any advice as to why this has happened would be welcome.

 

aa

 

Incidentally I did get the statutory 8% added on top of my payments and interest on the payments.

Edited by alanalana
text added

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

Link to post
Share on other sites

Sadly Alanalana,its the experiences of many.

Just as it says-they are awash with caseloads which they cannot proceed.Its not likely to get any better either as funding is due to be less.

The banks have in many respects manipulated the situation causing even more frustration.

Anyone who has a case ongoing will tell the same story.

A few lucky ones have had a result-but are far overshadowed by the 1000s who remain in the dark.

The FOS templated letters are now akin to those that the banks themselves have always had a habit of sending.

 

At the end of the day its up to the individual to decide on which route to take.

Aside from the blanket stays which remain in force for current accounts,its not unfair to say that the Court route is the preferred and quickest option.

As we know an N1 is something that the Banks have much more difficulty to manipulate.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...