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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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    • 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.  

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    • 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.

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      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
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A & L Ppi


deb4tlj
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What a load of old tosh.

 

Dont get angry get even!

 

Send of a complaint to MBNA forget the S.A.R - (Subject Access Request) see what they come up with.

 

Hi Adamski - can you point me to a good letter or a template I could use? :)

"Never annoy a redhead - especially when she's a member of CAG!"

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I would also send the SAR and the £10 and if they ignore it or try to charge you more report them to the information comissioner!

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

 

First Direct - Refund of Bank Charges...... **WON** (Offered full amount of £5200 2 days before court)

 

Amex - Refund of charges..... **WON** (£330 refunded without much fight)

 

First Plus PPI - **WON** (Full Refund of over £7000 + Interest)

Norton Finance - Owe me over £6000 for mis-sold PPI - Starting court action in the new year!

Barclaycard PPi - Ongoing (Being complete tos*ers!)

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I just don't get it - all the credit card statements and reminders are on A&L headed paper but then they turn round and say A&L has nothing to do with it. :mad:

"Never annoy a redhead - especially when she's a member of CAG!"

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Well the response to my letter was a letter in this lunchtimes post that stated that they acknowledged receipt of my payment for this month - remember I'm on a reduced payment plan with them - but that this falls short of the agreement previously agreed - I have letters from them stating that they accept a reduced payment of £100.00 per month and agreement to run till 2nd December 2008- and that they are now cancelling this arrangement and are demanding payment of arrears of £92.29. They also kindly state that they haven't charged me for this letter but any future letters will incur a charge of £25.00!!!!!!!!! It's signed by Justin Jones of the collections department.

What the hell do I do now? I think - in fact I'm positive - they've cancelled this arrangement because I'm trying to claim back the PPI.

"Never annoy a redhead - especially when she's a member of CAG!"

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Retaliatory behaviour on their part. Pathetic ... grrrrr :mad:

 

Write a very stern letter to the sender stating that you have an arrangement which you have been keeping to and that you consider their behaviour to be retaliatory in nature. Ask for a specific reason for the change of plan, also requesting a breakdown of costs incurred for the £25.00 per letter.

 

Actually, I wonder whether you might like to use the CAG 'Account in Dispute' template letter and amend it accordingly. Your a/c IS in dispute and I believe you have the right to suspend any changes until the dispute is resolved.

 

So:

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Mr Jones

 

Re: Account in dispute

 

Thank you for your letter of X

I am concerned that the payment plan on the above account previously set in place and which I have been adhering to without missing a payment, has now been withdrawn without any warning or explanation.

 

As I am currently in the process of requesting a refund of Payment Protection Insurance (PPI) on the account, this action by yourselves may be deemed as retaliatory, particularly in the absence of any prior warning.

 

I note that you have requested payment of arrears of £92.29. I need to make you fully aware that I am disputing the sum owed, together with the PPI and as such, you must refrain from any further action on the account until this dispute is fully resolved.

 

If you do not stop this action, I shall be forced to take legal action against you through the courts.

Yours sincerely,

 

 

 

 

Not sure about the last bit ... aa may have some thoughts on the whole thing when she logs on later.

 

Painty xx

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Hello deb4tlj,

 

I agree with paintball on a strongly worded letter. Not sure about account in dispute not fully up with the legalities of disputed accounts.

 

Well the response to my letter was a letter in this lunchtimes post that stated that they acknowledged receipt of my payment for this month - remember I'm on a reduced payment plan with them - but that this falls short of the agreement previously agreed - I have letters from them stating that they accept a reduced payment of £100.00 per month and agreement to run till 2nd December 2008- and that they are now cancelling this arrangement and are demanding payment of arrears of £92.29. (Now I am not up to speed on accounts in dispute, but my gut feeling is that the letters they have sent agreeing to a revised plan with agreed dates should be binding ....You may need to pop into the legal forum to ask one of the site team on this score) They also kindly state that they haven't charged me for this letter but any future letters will incur a charge of £25.00!!!!!!!!! (back to the illegal bank charges issue) It's signed by Justin Jones of the collections department.

What the hell do I do now? I think - in fact I'm positive - they've cancelled this arrangement because I'm trying to claim back the PPI. (I agree I believe the banks will try anything to slow up the process of reclaiming)

 

Do you intend to proceed to Court action of FOS? Whatever you are planning, I would immediately lodge a complaint with FOS, FSA, OFT and Trading standards and enclose copies of their prior agreement to accept reduced payments and dates (i.e Dec 2008) and their recent response moving the goal posts.

 

You will see examples of my complaint/s on my thread please feel free to copy and paste to a word document and make them fit your own particular circumstances.

 

I hope this is of some help.:) I am not fully legally with it yet but I know how to complain a little.

 

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.

 

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Just to qualify my statement regarding retaliatory action on the part of A&L , their action in withdrawing the agreed payment plan runs contrary to the statement of the Financial Services Authority of 6th July 2006 in which it ruled such action to be discriminatory.

 

If Deb were to initiate court action, then the account in dispute letter would apply directly within the Civil Procedure Rules (CPR) Pre-Action Protocols. If she were going to take the complaint to the Financial Ombudsmen, then some double checking on this would be necessary, I agree. :-)

Edited by Paintball
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You are obviously more on the ball paint (Excuse the pun you do a fantastic job here paintball) than me when it comes to legal issues.

 

We have to work together to get the results.;)

 

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.

 

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You are obviously more on the ball paint (Excuse the pun you do a fantastic job here paintball) than me when it comes to legal issues.

 

We have to work together to get the results.;)

 

aa

 

Cheers pet, I'm no expert though and try to read the site thoroughly, plus googling for backup info. I also pick the inestimable brains of one Mod in particular ... :):):)

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Rang these idiots and asked why the agreement had been cancelled - recorded the phone call and advised them of such - apparently, the payment had not reached them until the 7th of August when it should have reached them on the 2nd!!!!!!!!!!!!! Told them that was my banks fault, I had made the payment on the 1st to reach them on the 2nd as it has always done for the past 3 months. They said that was why the agreement had been cancelled but they were going to re-instate it on the condition that the payments reached them by the 2nd of every month - like I'm in charge of what my bank does!!!!!!!!!! Kn*bheads!!!!!!!!!!!!! :mad:

"Never annoy a redhead - especially when she's a member of CAG!"

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Although I've come to a reduced payment agreement with these idiots I am still receiving phone calls from their call centre in India or wherever it is - everyone always has an Indian accent - but now I just refuse to answer their security questions - this really p***es them off! :D I also received this second letter today even though the woman I spoke to at A&L CC the other day told me they would inform these people of my agreed payment plan;

 

aegisletter2copy.jpg

"Never annoy a redhead - especially when she's a member of CAG!"

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Received this letter today;

 

alofferletter.jpg

 

Anybody have a suitable reply? I am not going to accept this paltry amount when they owe me £1,406.41p. It seems the letter that I sent to David Burrell with the help of Paintball has been ignored.

"Never annoy a redhead - especially when she's a member of CAG!"

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Hi Deb

 

Sadly, the response really doesn't surprise me. Banks always fob us off, they are never going to admit liability, it's not in their interests to is it? :rolleyes:

 

Anyway, back to the task in hand. Is it off to court you go? The loan was made in 2003 which is well within the FSA's regulation period and you'll also have quite a bit of legislation to use in your N1/POC ...

 

You say here £1406.41 but in your first post you state:

 

Insurance - £1249.48

Interest - £308.72

Total £1558.20

 

If you go to court you should also be able to add the statutory 8% on top of that as others have done.

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Hi Deb

 

Sadly, the response really doesn't surprise me. Banks always fob us off, they are never going to admit liability, it's not in their interests to is it? :rolleyes:

 

Anyway, back to the task in hand. Is it off to court you go? The loan was made in 2003 which is well within the FSA's regulation period and you'll also have quite a bit of legislation to use in your N1/POC ...

 

You say here £1406.41 but in your first post you state:

 

Insurance - £1249.48

Interest - £308.72

Total £1558.20

 

If you go to court you should also be able to add the statutory 8% on top of that as others have done.

 

I have not included the last few months of PPI on this loan as it was supposed to have been cancelled more than 2 months ago! Seems like another case of one hand not knowing what the other is doing? :confused:

"Never annoy a redhead - especially when she's a member of CAG!"

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Working out the interest as best I can at the moment but maths is NOT my strong point and I'm struggling somewhat! :( According to the latest letter from David Burrell it looks like I've been charged £25.97 a month in PPI charges - would this £25.97 include their interest on the loan of 9.4%??????? I've added up £25.97 over the 53 months that I've paid up to now and it comes to £1376.41p - don't know if that includes their interest or what. With this loan still ongoing it's really difficult for me to work out now how much they owe me!

"Never annoy a redhead - especially when she's a member of CAG!"

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Okay, how does this letter sound? All input appreciated!

 

Mr David Burrell

Alliance & Leicester plc

Customer Service Centre

Narborough

Leicester

LE19 0AL

14th August 2008

 

 

Your Ref 1357522

 

Re: Account ************

Dear Mr Burrell

 

I am writing in response to your letter of the 12th August 2008 in which you offer me a goodwill payment of £129.85p. Your letter would seem to suggest that this PPI policy has not been cancelled as I asked in my letter to your company dated 8th July 2008. I request once more that this policy is indeed cancelled immediately with effect from 8th July 2008 and backdated as such.

Although you have offered me the sum of £129.85p to cover the mis-selling of my policy, I do not think this amount is enough to cover a refund of the premiums, subsequent interest that I have paid on these premiums and the 8% statutory interest that a court would award. I therefore respectfully decline your offer and request, once again, that you return to me all charges imposed on this account, totalling £1,406.41p. I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

If you do not accept my conditions, or you do not respond within 7 days, I wish to stress that I do not accept your offer and the money accredited to my loan account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly.

 

My original Request for Repayment letter dated 8th July 2008 indicates that you have now run out of time to respond before I proceed to the next stage of my request which will be a formal complaint to the Financial Ombudsman Service and then the commencement of legal action. My deadline remains the same despite this offer. If I have not heard from you within 14 days to say if you can offer this amount, I shall be taking my complaint to the Financial Ombudsman in the first instance.

Yours sincerely

 

"Never annoy a redhead - especially when she's a member of CAG!"

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Hi Deb

 

I like your letter but think that you should take a few moments to work out the total amount of PPI plus interest that will have been added to your loan. If this has been added as a Single Premium, then the monthly payment of £25.97 will reflect this.

 

How many months is the loan spread over and is the PPI payable for the whole of that time? In some cases, PPI is only available for a certain number of years (or months), what does it say in the Terms and Conditions of the loan and the PPI element? The T&Cs or your loan agreement should indicate the interest rate on the PPI.

 

You will need to get these facts straight before sending off the above letter as I feel it is better to take a little more time and be fully armed and prepared!!!

 

:)

Edited by Paintball
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Hey Paintball - can't sleep either eh? :) You're right of course. The original agreement and the t&c's are earlier in this thread but I've tried to make them a little bigger and easier to read. The way I understand is it that the PPI is indeed a monthly payment of £25.97. If you take into account the fact that there are 5 payments left on this loan then effectively it's a case of £1,558.20p minus £25.97x5= £129.85p will make them owing me £1,428.35p. I think that's right! :D

Edited by deb4tlj
spelling mistake - it's late!

"Never annoy a redhead - especially when she's a member of CAG!"

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Rejigged letter borrowing bits from Paintballs excellent letter. :)

 

Dear Mr Burrell

 

I am writing in response to your letter of the 12th August 2008 in which you offer me a goodwill payment of £129.85p. Although you have offered me the sum of £129.85p to cover the mis-selling of my policy, I do not think this amount is enough to cover a refund of the premiums, subsequent interest that I have paid on these premiums and the 8% statutory interest that a court would award. I will take this opportunity to remind you of my statements in the previous letter to you dated 6th August 2008;

Whilst the loan application was made via your website and therefore conducted in a 'non advised' capacity, Alliance and Leicester still had an obligation to me the borrower, to provide sufficient and appropriate information to enable me to make an informed decision as to the suitability of both the loan and the PPI to meet my needs and financial circumstances. I should also have been made aware of alternative options available, or comparative costs of similar PPI products from other suppliers, which information as a well known financial institution, you would most certainly have had access to.

 

The Financial Services Authority (FSA) provides guidelines which your organisation should adhere to while making both Advised and Non-Advised sales. Where a Non-Advised sale takes place, as in my own case;

"The customer must, however, still receive sufficient information on the product to enable them to make an informed decision as to whether it meets their own demands and needs." (FSA)

 

At no point did I receive any such information, either by letter, document or telephone call which followed the above guideline. The documents that you have provided copies of do not contain any of the information that I have outlined above and cannot, therefore, be deemed as meeting the standard of care which you should have provided.

 

I reposed absolute trust in your ability as a financial institution to provide a reasonable level of care and skill in ensuring that my best interests were met when taking out a loan with your organisation. This has not been the case and I am extremely shocked and disappointed.

 

I would further suggest that the Principles of Business which are legally binding on Alliance and Leicester under the Financial Services and Markets Act 2000 and which are contained in the FSA Handbook have not been followed. Therefore you are in breach of regulations.

I therefore respectfully decline your offer and request, once again, that you return to me all PPI payments made by myself on this account to date, totalling £1,428.35p – this amount does not include the 8% statutory interest allowed by the courts. I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary at which point the 8% statutory interest will also be added to the sum applied for above.

If you do not accept my conditions, or you do not respond within 7 days, I wish to stress that I do not accept your offer and the money accredited to my loan account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly.

 

My original Request for Repayment letter dated 8th July 2008 indicates that you have now run out of time to respond before I proceed to the next stage of my request which will be a formal complaint to the Financial Ombudsman Service and then the commencement of legal action. I should remind you that the FOS take the issue of mis-selling of PPI extremely seriously and in many cases, have imposed large fines on financial institutions who are in breach of regulations. My deadline remains the same despite this offer. If I have not heard from you within 14 days to say if you can offer this amount, I shall be taking my complaint to the Financial Ombudsman in the first instance.

Yours sincerely

 

"Never annoy a redhead - especially when she's a member of CAG!"

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Excellent Deb, I couldn't have put it better myself! I like the penultimate paragraph; you is fierce!! :D

 

I expect that in a few weeks' time you will be issuing your N1 so best start checking what you need to put in your Particulars of Claim (POC) ... :)

 

Most of it is from the letter you put together for me anyway! :p Can anyone point me to any good examples of a POC? :)

"Never annoy a redhead - especially when she's a member of CAG!"

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