A & L Ppi

[adamski]

What a load of old tosh.

 

Dont get angry get even!

 

Send of a complaint to MBNA forget the SAR see what they come up with.

[deb4tlj]

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?

[Bog]

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!

[deb4tlj]

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.

[Paintball]

Yes Deb I agree that aa is a star Please keep us posted as to the response from the letter ...

xx

[deb4tlj]

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.

[Paintball]

Retaliatory behaviour on their part. Pathetic ... grrrrr

 

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

[alanalana]

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

[Paintball]

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 August 11, 2008 by Paintball

[alanalana]

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

[Paintball]

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 ... :)

[deb4tlj]

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!!!!!!!!!!!!!

[deb4tlj]

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! 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;

 

[Paintball]

Sheeesh

[deb4tlj]

Received this letter today;

 

 

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.

[Paintball]

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?

 

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.

[deb4tlj]

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?

 

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?

[deb4tlj]

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!

[deb4tlj]

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

 

[Paintball]

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 August 15, 2008 by Paintball
Spelling!

[deb4tlj]

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!

Edited August 15, 2008 by deb4tlj
spelling mistake - it's late!

[deb4tlj]

Agreement larger;

 

 

 

 

 

 

T&C's;

 

[deb4tlj]

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

 

[Paintball]

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

 

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) ...

[deb4tlj]

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

 

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! Can anyone point me to any good examples of a POC?