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Halifax Cetelem PPI Claim


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Hi there,

 

I`m hoping some of you PPI claim experts could possibly help me out with a couple of accounts I have/had with Halifax Cetelem.

 

The short of it is this -

 

I purchased two seperate items from seperate shops on a Buy Now Pay Next Year deal. I saved up the money for both accounts and in the last week I phoned them up to pay them off, only to be told they couldn`t accept card payment. The only thing I could do was send them a cheque. By this time, the 12 months were up and the 36 monthly payments kicked in with extortionate interest.

 

Now, one of the accounts was paid up with no problems, but after I changed bank accounts I emailed Cetelem with my new details and they got back to me and said they couldn`t change them due to some Data Protection Act crap, so I just left it at that. I never paid the last couple of months.

 

Months later I received a letter from some empty head at Lowells claiming they had bought the account from Cetelem.

 

Now, I decided to S.A.R - (Subject Access Request) Cetelem for both account to check for charges and I discovered on both accounts was PPI, which had automatically been added. There was no option to choose it or not, and there isn`t even any `PPI added at value`, they have just stuck on £3.69 on one account and £4.30 on the other account. The account with £4.30 added each month isn`t even referenced to PPI. It is simply a blank line with £4.30.

 

On this particular account there are also charges applied, but I have worked out from what they have added and what I missed paying and what I have paid in PPI that they actually owe me on this account.

 

I work it out at 34 payments of £4.30 for PPI (I missed the last 2 payments) = £146.20.

 

Minus £53.72 for the last two monthy payments (I have deducted PPI from these first)

 

Equals £92.48 they owe me.

 

 

 

The other account is 36 monthly payments with £3.69 for PPI = £136.84.

 

The comes to £229.32 for both accounts for PPI.

 

 

 

I have scanned the CCA`s for both accounts and are as follows -

 

 

 

CCA 1

 

CETELEMCCA1.jpg

 

 

 

CCA 2

 

CETELEMCCA2.jpg

 

 

 

I have infact started a thread in the Debt Forums when I received the letter from Lowells. These have now gone quiet since I sent a letter stating they owed me! The thread can be found here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/143779-n-p-cetelem-lowell.html

 

I would appreciate some help with this as I`m unsure how how to go about this.

 

Would I be able to add interest on? They don`t seem to have added any interest onto the monthly PPI.

 

As I have changed my original bank account I would need to be paid via cheque. I was originally with Lloyds TSB, then I moved to Halifax. Then I found out Cetelem were part of Halifax, and now Lloyds TSB are buying out Halifax. What the hell does that all mean? :confused:

 

I look forward to hearing from you all on this.

 

Thanks.

 

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Looks like they have added PPI without your knowledge or consent, they have breached regulations and you are within your rights to request the money back that they have taken from you. Very shoddy practice.

 

If you want a hand with a preliminary request for payment letter just shout :)

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Hello NP,

 

If you look closely at the first document CCA1 it seems to me when compared to the second CCA2, that under the installment figure there are three lines missing.

The line Monthly payment protection insurance premium including the £ sign and the letter H to the right hand side have been obliterated but the figure of 4.30 has been left in.

The line The total monthly payment inclusive of insurance (G+H) and the £

The line Annual Percentage Rate (APR) has also dissappeared.

 

You will be able to see more clearly on the original but I would suggest they may have been deleted for some reason or other before they were sent to you.

 

What do you reckon Painty?

 

 

and now Lloyds TSB are buying out Halifax

 

The proposed takeover of HBOS by Lloyds TSB has now collapsed.

 

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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Hello NP,

 

If you look closely at the first document CCA1 it seems to me when compared to the second CCA2, that under the installment figure there are three lines missing.

The line Monthly payment protection insurance premium including the £ sign and the letter H to the right hand side have been obliterated but the figure of 4.30 has been left in.

The line The total monthly payment inclusive of insurance (G+H) and the £

The line Annual Percentage Rate (APR) has also dissappeared.

 

You will be able to see more clearly on the original but I would suggest they may have been deleted for some reason or other before they were sent to you.

 

What do you reckon Painty?

 

 

 

 

The proposed takeover of HBOS by Lloyds TSB has now collapsed.

 

aa

Well spotted aa, hadn't seen that at first but it does look mighty suspicious. Hiding something perhaps? :roll:

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Hello NP and Painty,

 

Well spotted aa, hadn't seen that at first but it does look mighty suspicious. Hiding something perhaps? :rolleyes:

 

If they were trying to hide something they did not make a very good job of it:rolleyes:

 

One CCA alledgedly amended to remove the words PPI etc but the second CCA intact how good is that?

 

We will need a post from NP to clarify the situation...

 

Over to you NP:)

 

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 alanaalana and Paintball,

 

Thanks for the posts on my thread.

 

I have just got in from work, so I`ll give you a quick answer before my shower and I`ll be on again later.

 

The CCA`s are EXACT scans of what I received. The only boxes/wording I have changed are the grey boxes to hide my private info.

 

I received a CCA from Lowells and then I later SAR Cetelem, and I received the exact same copy. So, by going off the CCA`s you know exactly the same as I do.

 

I`d like a hand with the letters if you don`t mind, as I`d like to try and get this back in time for Christmas, so any help would be greatly appreciated.

 

I look forward to hearing from you again.

 

Thanks again.

 

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi NP

 

Hope you're feeling refreshed after your shower :p

 

Have you worked out how much interest has been applied to the PPI on the loans? You will need to be reclaiming this too.

 

Here's a stab at a response for your two loan accounts:

 

 

 

Date

 

 

Your Ref xxx

 

Re: Accounts xxxx and xxxxxx

 

 

Dear Sir or Madam

 

Further to my S.A.R - (Subject Access Request) of date relating to the above loan accounts taken out respectively on date and date, I write to inform you that I am shocked to discover that Payment Protection Insurance (PPI) has been added without my knowledge or consent, to both accounts. PPI is not a compulsory product when taking out a loan, and adding PPI to my loan accounts in this way is a clear breach of both FSA regulations and guidelines and the Banking Code of Practice provided to the financial services industry.

 

As a respected financial organisation, you will have been quite aware of these regulations and this makes your organisation's action even more serious. It is extremely poor business practice to say the least.

 

In taking out a loan with Halifax/Cetelem, I reserved the right as your customer to receive appropriate information to enable me to take out a compulsory insurance product that suited my demands and needs. Halifax/Cetelem 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 assert that I have been deprived of the right to choose PPI when taking out the loans, and that you have taken advantage of my lack of knowledge.

 

I reposed absolute trust in your ability as a respected financial institution to provide a reasonable level of care and skill in ensuring that my best interests were met when taking out a financial product 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 Halifax/Cetelem 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 would remind you that the FSA takes the mis-selling of PPI extremely seriously and you will be aware that recent investigations by both the FSA and the Competition Commission have found that lenders continue to engage in "poor sales practices" and that "customers were not informed orally of both the monthly and total cost of their PPI". (FSA report, 30 September 2008.)

 

I request the return of (insert amount here plus interest) within 14 days of receipt of this letter by you. If you do not comply with my request, I will have no option but to refer my complaint to the Financial Ombudsman Service (FOS)/escalate my claim to the courts. 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.

 

Yours sincerely

 

 

Your name here

  • Haha 1

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Hi Paintball,

 

Thanks for that letter.

 

Yep, I`m somewhat more refreshed after my shower, just the damn kids have been busting our chops as it`s bedtime.

 

I`ve had a read through your letter and it`s quite a cracker! :p

 

In fact I`ll keep a copy and use it as a defence against any Court claim regarding an Argos Card and Lloyds TSB Mastercard. Both have dodgy CCA`s and have PPI added. Even though I ticked the box, that all there was, just a tick, no more information or alternatives, nothing!

 

Anyway, on with this one. I`m not sure about the interest because going off the CCA, they don`t seem to have added it onto the PPI. It looks like they have added the interest onto the loan amount and then added the PPI last.

 

What happened, as in my first post. I bought two items at different times, one from PC World and one from Dabs. It just happened they both used Cetelem as the financial company.

 

I saved up over the year and then rang them up in the last week to pay them off with my Card and they said they don`t take card payments. So, the 3 year plan kicked in, they added a huge amount of extortionate interest. Sounds like a [problem] to get more of of people eh?

 

Another thing, when I sent the prove it letter to Lowells, they sent me the dodgy CCA with the print missing and also 1 of 2 statement sheets. I wrote back to them and explained I want the second sheet beforte I correspond any further and I haven`t heard anything again. At that point I sent a SAR to Cetelem to check out the damage.

 

The second statement sheet had on loads of charges which they applied, although I have deducted these from the balance. The balance is infact in my favour. The other account is straight forward. I`m just after the PPI.

 

Could I possible add interest for each month that I paid the PPI on? I`m not sure how it works but people have done that with Bank claims. The interest on the first payment would be higher than a more recent one, if you understand what I mean?

 

Anyway, I`ll get a copy of that letter away as soon as you approve/disapprove on the PPI interest.

 

Thanks again.

 

Regards

 

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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  • 2 weeks later...

Hi again all,

 

Following Paintballs letter from Post 8 which was signed for 22.10.08, I received the following reply this morning.

 

Now, as my letter was only signed for a few days ago, they seemed to have fired out a reply straight away, as their letter was sent 2nd Class.

 

It goes something like this -

 

 

 

Cetelem1.jpg

 

 

 

Now, they claim the Agreement clearly showed the option for choose the PPI, I don`t think so and no one else can see it, especially as the CCA is quite a good one. One of the CCA`s simply has a blank line with £4.30 stuck on the end of it.

 

They also claim Cetelem are no longer a business. So what! They still took my money. If they ceased trading then where did this letter come from.

 

They also claim they are not a member of GISC and the FOS and FLA have no juristdiction on them. Are they full of crap? Does this make any difference.

 

Also, I was just wondering, when I rang up to pay the account off before the Buy Now Pay Next Year was up, they said they can`t take Credit Card payments. The 36 month deal with extortionate interest then kicked in. I`ve noticed on my Halifax Bank Account Statement, I did actuallly make 2 payments over their Website Payment Page with my Debit Card, this was a Halifax Card, and I beleive Cetelem was or still is part of Halifax. Is that some sort of a [problem] to get more out of me?

 

I do have proof from my SAR that I did phone them to pay off with a Card but was told they don`t take Credit Card payments.

 

I`d appreciate some help with this one and I`m willing to go all the way with this as I`m sick of getting ripped off!

 

Whats my next move?

 

I look forward to hearing from you on this.

 

Thanks in advance.

 

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hello NP,

 

They also claim Cetelem are no longer a business. So what! They still took my money. If they ceased trading then where did this letter come from.

 

They state in their letter on headed paper as I see that they no longer exist to write any business as of January 2005 this is the date the FSA took over control of PPI and the financial institutions to regulate them.

 

However it would seem they are still registered with Companies House see this..............

Companies House

 

 

 

Name & Registered Office:

CETELEM (UK) LIMITED

10 HAREWOOD AVENUE

LONDON

NW1 6AA

Company No. 03610034

spacer.gifspacer.gifspacer.gifspacer.gifStatus: Active

Date of Incorporation: 05/08/1998

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

6522 - Other credit granting

Accounting Reference Date: 31/12

Last Accounts Made Up To: 31/12/2006 (FULL)

Next Accounts Due: 31/10/2008

Last Return Made Up To: 19/08/2007

Next Return Due: 16/09/2008 OVERDUE

Last Members List: 19/08/2007

Previous Names:Date of changePrevious Name18/12/1998ALNERY NO. 1792 LIMITED17/02/2004HALIFAX CETELEM CREDIT LIMITED09/06/1999HALIFAX CETELEM FINANCES LIMITED24/03/1999HARRY DAWN LIMITEDBranch DetailsThere are no branches associated with this company.Oversea Company InfoThere are no Oversea Details associated with this company

 

This is the link.........

 

http://wck2.companieshouse.gov.uk/f5e15d75527cb026a9b15ad7370cf127/compdetails

And from the FSA register see this..........

 

435258 - Cetelem (UK) Limited

Current status:Introducer A.R.Effective Date:07/07/2005

Tied Agent:Undertakes Insurance Mediation:Y

Registered under Money Laundering Regulations:Address:Leo House

Railway Approach

Wallington

Surrey

SM6 0XX

 

 

 

I would state that it is not up to you to provide evidence to substantiate your claim but it is up to them to provide evidence that they followed all the rules of selling. They are on the back foot they claim not to be a part of the GISC. ABI or FLA but they do hold a credit licence and are subject to the rules of the Office of Fair Trading.

 

If they ceased to write any business you could ask why they are still listed within Companies House see the effective date to act as introducer which is well after the 14 January 2005 when the FSA became the regulator.

 

It may be worth mentioning you will complain to Companies House and the OFT about their Selling of PPI.

 

You could use this link to check out the FSA register on any of their previous company names just click the link type in the firm name in the box and submit for information.

FSA Register

 

 

 

Hope you find this information helpful;)

 

aa

Edited by alanalana
tidying post and adding link

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 there alanalana,

 

Thanks for that.

 

Why would the FAS take control pf companies if they weren`t mis-selling PPI? Simply adding it to an agreement without any options certainly sounds like mis-selling to me.

 

When you say they are on the back foot, what exactly do you mean? Do they have to be part of the GISC, ABI or FLA?

 

What about the [problem] regarding card payments, which I mentioned in Post 10? Do you think I have anything there?

 

Do you think I should send them a copy of the dodgy CCA`s and also a copy of their memo which states they told me they don`t take Credit Card payments, yet my Bank Statements show 2 payments with a Electron Visa Debit Card?

 

Does anyone have templates I could get started with please? I`m not very good at wording things legally.

 

Thanks again for your input.

 

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hell NP,

 

Why would the FAS take control pf companies if they weren`t mis-selling PPI? Simply adding it to an agreement without any options certainly sounds like mis-selling to me. GISC were a self regulatory organisation that were superceded by the Financial Services Authority on 14 Jan 2005. The FSA are a regulatory body with the Power to impose fines on companies that flout the law and fail to follow the regulatory rules laid down by the FSA.

GISC have ceased to exist and companies are using this as a way to fob off claimants by stating they were either not members or they were non regulatory. There were still guidelines to follow but if they were not followed there was no regulatory power to do very much if anything.

 

When you say they are on the back foot, what exactly do you mean? Do they have to be part of the GISC, ABI or FLA? If they were a member of something like GISC, ABI or FLA then the chances are the FOS would take up your case but you would be best placed to phone and ask them first for advice. They are also listed in the FSA register......

And from the FSA register see this..........

 

435258 - Cetelem (UK) Limited

Current status:Introducer A.R.Effective Date:07/07/2005

Tied Agent:Undertakes Insurance Mediation:Y

Registered under Money Laundering Regulations:Address:Leo House

Railway Approach

Wallington

Surrey

SM6 0XX

This shows cetelem are registered with the FSA as of 07/07/2005 which is well after the FSA became the regulator on 14 jan 2005 so I believe the FOS would be able to look at any complaint about this company as they were registered and therefore subject to the rules and regulations as laid down by the FSA.

 

 

What about the [problem] regarding card payments, which I mentioned in Post 10? Do you think I have anything there? Would you please repost this question and I will have another look at your post 10 later.

 

Do you think I should send them a copy of the dodgy CCA`s and also a copy of their memo which states they told me they don`t take Credit Card payments, yet my Bank Statements show 2 payments with a Electron Visa Debit Card?

 

Does anyone have templates I could get started with please? I`m not very good at wording things legally.

 

Thanks again for your input.

 

 

After you speak to the Financial Ombudsman Service you may have two courses of action:

 

1. The FOS will agree to look at your complaint into mis-selling PPI if they will not look at a complaint you have option 2.

2. Start Court proceedings and you will need help with others on this score.

If the FOS take up your complaint but do not uphold it you still then have recourse to Court action.

 

I would insist that they now produce all of the data applicable to you as a data subject as required under your SAR not just the CCAs but everything they have on record. Statements, recordings of phone calls or transcripts of phone calls, customer needs and wants questionnaire ascertaining the product of PPI was suitable to you, any electronic or paper files or files in any other format, the Terms and Conditions as applicable to the loans. Any other information you can think of from your dealings with these people.

 

It is best to have everything you are entitled to to be able to build up your case and ensure you have all the relevant information you will need.

 

Hope this helps you on your way to claiming back your PPI

 

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 NP

 

Well I think it's time to send your LBA to Cetelem pointing out that you are disappointed with their response, use the first para of th letter I did for you because that's where you state that they have added PPI without your knowledge or consent and they have indeed, done this.

 

Remind them that they seem to be confused about their own existence as an organisation and that Companies House which registers all companies legally trading hold a record for them, together with full listing of all their accounts. In other words, they are responsible for the debt and your complaint.

 

Remind them as per my letter, that the FSA regulated their selling at the time of the loan via the Financial Services and Markets Act 2000 therefore they are responsible and that you find the service they offered fell well below the level that is expected from a lender.

 

Tell them that they have a furthe 7 days in which to reconsider their position and pay you X and that if you do not receive a favourable response within that time, you will have no alternative but to escalate your complaint to the FOS or the courts (whichever you choose to do).

 

Have a stab:) at the letter but hope this helps ...

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Aha, just seen aa's response ...

 

NP I wasn't aware that you had not sent a SAR. This, as aa points out, is always the best stating point so maybe do that then save the LBA until you have all the info ...

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Hi aa and Paintball,

 

I have actually sent a SAR to Cetelem and received quite a bit of info back.

 

I had two accounts with them and PPI was ADDED to both. Even though I missed two payments on one of the accounts before it was sold to a bunch of empty heads at Lowells, I still calculate they owe me over £200 for both accounts.

 

They also included statements, CCA`s, memo`s from email and telephone calls.

 

One of the email memo`s mentions that I rang up to pay the account off with my Credit Card at the end of the Buy Now Pay Next Year deal and was told they don`t take Credit Card payments and only accepted a cheque. The 36 monthly payments kicked in and they added over £500 interest. They did that with both accounts.

 

My Bank Account Statements show that I later made two payments via their Website Payment Page with my Vise Electron Debit Card.

 

One Agreement was signed April 2003 and the other January 2004.

 

In the SAR bundle I recieved their cover letter claimed Cetelem no longer operate in the UK and that one of my Accounts had been sold to Lowells. It also stated they no longer hold any data on me but all of my Account information was available and intact. Yes, I know, sill aren`t they?

 

I began receiving letters from Lowells chasing £280, which I knew was charges, so I started defending via the CCA route and realised there was PPI which to me seemed definately mis-sold, and here I am now.

 

It`s just I`m not sure which way to go and now I`m also thinking about the Card payments as I get a feeling I`ve been rumbled to get more out of me.

 

Thanks for your help people, I really appreciate it.

 

Regards

 

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hello NP, Painty and me,

 

Have you spoken to the FOS? do you have contact details for them?

 

if not just shout I have contacts for a lot of people:D

 

Painty will back me up on this one;)

 

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 all,

 

I haven`t spoke to anyone yet. I`m not really sure what to say, to be honest.

 

I thought you can only involve the FOS after 8 weeks if your not happy with the Companies response to the complaint?

 

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Well, NP, since you've sent the S.A.R - (Subject Access Request) I think I'll stick by what I said in my post #14 ...

 

LBA giving them 7 days in which to reconsider their position then refer your complaint to FOS or file in court ... whichever route you feel comfortable taking. Refer too aa for FOS links/contacts :D

 

Looking at the various threads on this forum and people's individual stories/cases, there seem to be very few organisations who just crumble and pay up after a couple of letters showing how we have been mis-sold PPI and how the said organisation has breached regulations. We have to really put up a fight to get our money back ...

 

But it's definitely worth it if you look at the PPI Successes sticky :)

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Thanks for that Paintball,

 

I`ll sort a letter out tomorrow night after work, and post it up for your approval. I`m going to watch Most Haunted Live now with the other half, even though it`s totaly crap ;)

 

Do you think I should include a copy of the dodgy CCA`s highlighting the PPI? One of which is just a blank line, so if that`s not dodgy then what the hell is?

 

Any idea`s about the Card payment thing?

 

Thanks again people.

 

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hello NP,

 

Do you think I should include a copy of the dodgy CCA`s highlighting the PPI? One of which is just a blank line, so if that`s not dodgy then what the hell is?

 

 

At this point I would be reluctant to point out the dodgy CCA's for various reasons best not posted on here:rolleyes:

 

The card payment has come up again somewhere today I am not sure about the legalities of this so perhaps you could ask the question in the legal forum.

 

As Painty quite rightly states it is your call for reclaiming if you go to the FOS and they do not uphold your complaint you still have the option of Court action but if you go down the Court route and do not succeed than the FOS will be unlikely to take on you complaint the decision is yours.

 

FOS a long route having said that I have just had a settlement after refusing a goodwill offer and complaining to the FOS August complaint settlement due soon. Other complaints submitted have not yet been allocated to an adjudicator.

 

Court could be quicker but you will need to ensure you get good advice on the legal front (paintball knows this stuff) but there will be costs and you must prepare and research.

 

Whichever way you go good luck you will get support and advice to help you along the road to reclaiming.

 

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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Hello NP,

 

 

 

At this point I would be reluctant to point out the dodgy CCA's for various reasons best not posted on here:rolleyes:

 

The card payment has come up again somewhere today I am not sure about the legalities of this so perhaps you could ask the question in the legal forum.

Personally, I would keep the PPI claim on its own ...

As Painty quite rightly states it is your call for reclaiming if you go to the FOS and they do not uphold your complaint you still have the option of Court action but if you go down the Court route and do not succeed than the FOS will be unlikely to take on you complaint the decision is yours.

Having spoken to the FOS on Friday, I was informed that if a claim is lost in court, you cannot then take to the FOS.

FOS a long route having said that I have just had a settlement after refusing a goodwill offer and complaining to the FOS August complaint settlement due soon. Other complaints submitted have not yet been allocated to an adjudicator.

 

Court could be quicker but you will need to ensure you get good advice on the legal front (paintball knows this stuff) but there will be costs and you must prepare and research.

 

Whichever way you go good luck you will get support and advice to help you along the road to reclaiming.

 

aa

 

Yes, the court route should be quicker and with all of that dodgy paperwork, I'd be interested to see what kind of defence they would enter :rolleyes:

'Fortune favours the brave.'

 

 

 

 

 

 

 

Any advice given is purely on the basis of my own views and opinions and offered in good faith.

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Hi aa,

 

Right, the plan is this -.

 

I`ll fire off a LBA, see what they come back with then head for the FOS and include a copy of Cetelems replies. I`ll see what the FOS says and if they don`t do anything I`ll then head for the Courts.

 

I think I have enought already for a good claim, do you agree?

 

Which Forum do you mean for the Legal thing regarding the Card payment?

 

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hello NP,

 

have a look at this and see if you can get any assistance on the card payment issue...........

 

Legal Issues

 

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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  • 2 weeks later...

Evening people,

 

Right, I`ve been quite busy this week and it seems as soon as I get settled for the night, I end up falling asleep on the couch. I`m sure you all know what I mean?

 

Anyway, enough of the nonsense. I have just drafted a letter to Cetelem based on the input from this thread.

 

It goes something like this -

 

 

 

Agreement Number: xxxxxxxxxx & xxxxxxxxxx

 

 

Dear Sir/Madam,

 

Further to your undated letter, which I received on 25th October 2008.

 

I must admit that I am somewhat disappointed with your response. For your information, it is not up to me to provide the evidence to substantiate my claim; it is up to you to provide evidence that you followed all the rules of selling insurance. So far you have provided NOTHING!

 

It seems I need to remind you once again that PPI is not, and never was a compulsory product when taking out a loan, and adding PPI to my loan accounts in this way is a clear breach of both FSA regulations and guidelines, and the Banking Code of Practice provided to the financial services industry. This is simply the case, as both Agreements CLEARLY show.

 

It would also seem that you are somewhat confused about the very existence of Cetelem UK as an organisation. Just to give you some peace of mind, Companies House which registers all companies legally trading, hold a record for Cetelem UK, together with full listing of all your accounts, not to mention the Cetelem letter headed paper which you are clearly replying with. In other words, Cetelem DOES exist as a Company and you ARE responsible for the debt and my complaint.

 

Further to the above, the Financial Services Authority (FSA) regulated their selling at the time of the loan via the Financial Services and Markets Act 2000, therefore you ARE responsible. I feel the service you offered fell well below the level that is expected from a lender, member of the General Insurance Standards Council (GISC) or not.

 

I would remind you that the FSA takes the mis-selling of PPI extremely seriously and you will be aware that recent investigations by both the FSA and the Competition Commission have found that lenders continue to engage in "poor sales practices" and that "customers were not informed orally of both the monthly and total cost of their PPI". (FSA report, 30 September 2008.)

 

Once again, I request the return of £225.32 within 14 days of receipt of this letter by you. If you do not comply with my request, I will have no option but to refer my complaint to the Financial Ombudsman Service (FOS) and escalate my claim to the courts. 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, far more than my claim is worth.

 

You will also have the privilege of paying £300 costs, towards a FOS investigation.

 

Please forward payment by cheque only, as the original bank account has been changed.

 

Yours sincerely

 

 

 

Me.

 

 

 

So, if anyone thinks I should change, remove or add anything, then please feel free to say.

 

I look forward to hearing from you on this.

 

Thanks.

 

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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