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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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woodya v cooperative bank


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hi/

i have recently put in a claim for misold ppi to the cooperative bank covering 5 loans from 2002 on the grounds that i was not aware that the insurance was optional, that could get it elsewhere cheaper, that it would be a positve in the loan being approved , i have had some sucess, the first letter they sent stated that even though they did not think the ppi on my present loan had been missold they would cancel it , give me 500 pound and drop my payments for my present loan i refused and asked them to look at it again, as the complaint was for 5 loans and i was missold the ppi on them also, they replied that under statute they have the right to refuse, any loss more than 3 years ago , the loans i had closed over 3 years ago, so i have given the complaint to the ombudsman, the offer of 500 pounds and reduced payments has been left open , has anybody any thoughts or advice? please

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hi/

i have recently put in a claim for misold ppi to the cooperative bank covering 5 loans from 2002 on the grounds that i was not aware that the insurance was optional, that could get it elsewhere cheaper, that it would be a positve in the loan being approved , i have had some sucess, the first letter they sent stated that even though they did not think the ppi on my present loan had been missold they would cancel it , give me 500 pound and drop my payments for my present loan i refused and asked them to look at it again, as the complaint was for 5 loans and i was missold the ppi on them also, they replied that under statute they have the right to refuse, any loss more than 3 years ago , the loans i had closed over 3 years ago, so i have given the complaint to the ombudsman, the offer of 500 pounds and reduced payments has been left open , has anybody any thoughts or advice? please

 

 

Hi there

In my opinion you have done the right thing by refusing the £500.

They are pulling a fast one on you I think.:rolleyes:

 

Did you have the final response from them in order to go to the FOS ?

 

Have you the paperwork to these loans still ?

 

If you have not its recommended to SAR them (Send a subject Access request) with a £10 payment postal order or cheque, there is a template on site here for this, they have to provide you with everything they have on you from over the past 6 years.

They should comply within 40 days of receiving the request.

 

By having the SAR they should supply it all, even phone calls, emails, loan accounts, everything, and when you receive this then you will be aware of the money you will need to reclaim on each one.

Well worth £10 I think, mine have helped big time with reclaiming.;-)

 

Good luck and fight for whats yours and with what you have been deprived of.

And remember they have to add an extra 8% of what a court would award to every claim.;-)

 

Just yell back here if you require further help/info.;-)

 

Di.

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Hello woodya,

 

welcome to the PPI forum, becoming a busier forum by the hour:)

 

hi/

i have recently put in a claim for misold ppi to the cooperative bank covering 5 loans from 2002 (FSA made a ruling on PPI selling on 14 Jan 2005) on the grounds that i was not aware that the insurance was optional, that could get it elsewhere cheaper, that it would be a positve in the loan being approved , i have had some sucess, the first letter they sent stated that even though they did not think the ppi on my present loan had been missold they would cancel it , give me 500 pound and drop my payments for my present loan i refused and asked them to look at it again, as the complaint was for 5 loans and i was missold the ppi on them also, they replied that under statute they have the right to refuse, any loss more than 3 years ago , (they cannot however refuse to supply the documentation for those loans they are required to keep all documentation for 6 years after the last transaction on the loan) (You could therefore submit a SAR and ask for all the relevant data as refers to you and all of the loans back 6 years this may provide you with valuable information on the mis-selling aspect) the loans i had closed over 3 years ago, so i have given the complaint to the ombudsman, the offer of 500 pounds and reduced payments has been left open , has anybody any thoughts or advice? please

 

This is from advice to another claimant it may help you.

 

Have you sent a Subject Access Request asking for all the subject data on you and this particular barclays loan or credit card?

 

If not and you do not have the original paperwork then you can submit a S.A.R - (Subject Access Request) with a statutory fee of £10.00 (a postal order is best and keep the receipt you may be able to claim the £10 back) and request all the data applicable to you as a subject and in particular the loan you are contesting.

 

They have a statutory 40 days to respond and if you do not get all the data you ask for (and you must ask for every bit of data in whatever format they hold, paper, tape, microfisch, cd, electronic, telephone call recordings or transcripts, etc) You must be specific and ask for Terms and conditions, Customer duty of care check list (if the sale was and advised sale, i.e you talked to a sales advisor) Policy documentation, statement of account etc, then you can submit a complaint to the Information Commissioners Office or start Court action. The Information Commissioners Office is very busy so many complaints on PPI but no Court costs. Such is the magnitude of PPI mis-selling.

 

Good luck :wink: keep posting and you will get the required help.

However this PPI reclaiming is new and still in its early stages but things are coming together and CAG subscribers are real fighters.

 

hope this helps you out

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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hi/

thanks for the advice when you ask if ihve had the final response letter, i got a refusal from my second letter telling me if i did not agree with their decision i should refer it to the ombudsman . they sent the leaflet also . is this a final response or is there more i should do, i have already refered it to the ombudsman.

 

thanks

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hi/

thanks for the advice when you ask if ihve had the final response letter, i got a refusal from my second letter telling me if i did not agree with their decision i should refer it to the ombudsman . they sent the leaflet also . is this a final response or is there more i should do, i have already refered it to the ombudsman.

 

thanks

 

Sounds pretty final to me, so yes you can assume that is a Final Response Letter. :D

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 month later...
Sounds pretty final to me, so yes you can assume that is a Final Response Letter. :D
hi/ the fos have replied , stating that the co op have offered a deal which is to pay me back all the ppi on all the loans which is great, however all the ppi owed would come off my present loan , unsure what to do, can they insist that it comes off the present loan? no figures have been mentioned but i reckon about five thousand is what they owe me . do you think i could split it , half to the loan ,half to be paid direct to me ? any body got any advice

thanks

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From my understanding they can use the amount paid back on the present loan for that loan but the rest you should be able to have sent in a cheque, but if you ring the FOS they should let you know what can or can't happen in this case.

Any opinion I give is my own and given without

any liability.

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That is brilliant news. If you have other creditors you could try and make a case for having say some of the refund made to the loan and some to enable you to pay back other creditors.

 

I am really pleased you have succeeded. x I have just noticed that it was a really swift response as well. :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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