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RBS Loan and PPI - COURT CLAIM **WON** discontinued


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I have a loan with RBS taken out in 2006. In 2007 my overdraft was added to the loan. I have just discovered that PPI of £2000 was added to my initial loan of £7000. I did not request this and believe this was mis-sold.

I have requested signed agreement for my current loan as I do not know if PPI was also applied to this.

Can I request refund of PPI while waiting for the loan agreement?

As I am currently in financial difficulties, I would like to clarify amount outstanding on my loan and feel that this would be considerably reduced if I was refunded for the PPI.

Any help would be very much appreciated - thx.

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Hi Sequest

 

Whilst I can understand your reasons for wanting to hurry this through, you must wait until you have all the info requested; is this from a SAR and what else did you request? If you have sent a SAR, then the lender has a 40 day period in which to respond and you will need to allow them this time.

 

If you believe that PPI was added to the loan without your knowledge or consent, then you have a good case for mis-selling as RBS have breached industry regulations and guidelines.

 

 

 

:)

'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 prompt reply.

I haven't formally sent request for loan application, just telephoned request. I was told I would receive the information in about 7 days, which would be tomorrow.

I did receive a letter a few days following my request, calling in my overdraft - I think they are suspicious!!

I will send a cca letter tomorrow, if the agreement has not arrived. Do I also need to send SAR request?

I had no idea about the PPI until I read about mis selling on these Forums and found my original agrreement. I was totally shocked to see the PPI, which was added to the loan and interest added. I have not received any staements for the loan account, so was unaware until recently that my loan had another £4,000 added. I was told when I took out initial loan that it would go down each month as I would be paying some off the initial loan plus some interest.

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Hi Sequest

 

I think that it would be wise to send a formal SAR, this means that you have a paper trail of your dealings with RBS which I would always feel more comfortable with. Telephone requests can always be ignored or orgotten about ... :rolleyes:

 

Send the £10 payment which is the maximum statutory amount payable for provision of all information held in your name for all accounts currently or previously held. Don't forget to keep a copy and send first class signed for delivery so that you can track the letter online.

 

When you send your SAR, you should be asking for a true copy of the application form as signed by you, a true signed copy of the credit agreement, the Terms and Conditions of the Loan including those relating to the PPI element and contaning any exclusion clauses, a transcript of the sales call should the loan have been taken out over the telephone and copies of ALL statements for the loan account containing reference to all the PPI payments made on the account.

 

If they have added the PPI without your knowledge or consent, then heaven help them, we are fierce on here in asserting our rights and demanding our money back :D

'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 sequest,

 

You could be in for a long fight. But it will be worth it.;)

 

aa

 

PS Painty keep her eyes away from my thread please!!

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 you two,

 

aa - heehee!! :p

 

Lol - too late, I already looked.

 

:shock:

 

Going undercover:cool:

 

On a serious note if there is anything in my thread you can use to your advantage with your own details inserted please feel free to copy and paste.:D

 

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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Congratulations Alanalana on your latest victory. :)

 

Here is the start of my saga with bank:

 

Yesterday I took the SAR and CCA request letters to my local branch for forwarding to relevant department. The woman on the customer services desk was somewhat perplexed by the letters but even more so when I asked her to stamp the letters 'as received' and give me a copy. She had to consult with her manager who told her that they could not stamp them or give me any confirmation of receipt. I subsequently decided to post first class recorded.

While at the desk, there was a quite distraught young lady standing next to me arguing with another customer services staff member. The gist of the argument (I didn't catch it all because at time I was having my own argument with another member of staff) seemed to be that she had come into the branch some weeks earlier and applied for a student account. All the forms were completed by a member of the bank staff. It would seem that she was given the wrong account and was insisting that they produced the application forms which she had signed. The customer services woman said - (wait for it) - 'we have a lot of paperwork here, we cant keep track of it all'.

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Hello sequest,

 

Congratulations Alanalana on your latest victory. :-) Thank you:)

 

Here is the start of my saga with NatWest/RBS.

 

Yesterday I took the S.A.R - (Subject Access Request) and CCA request letters to my local branch for forwarding to relevant department. The woman on the customer services desk was somewhat perplexed by the letters but even more so when I asked her to stamp the letters 'as received' and give me a copy. She had to consult with her manager who told her that they could not stamp them or give me any confirmation of receipt.:eek: This action does not make your claim magically disappear! I subsequently decided to post first class recorded. Good. Remember to keep track through Royal Mail and print off the electronic delivery details including the signed for part which can take a few days to be listed! Just in case you need to prove they got your SAR and CCA requests.

While at the desk, there was a quite distraught young lady standing next to me arguing with another customer services staff member. The gist of the argument (I didn't catch it all because at time I was having my own argument with another member of staff) seemed to be that she had come into the branch some weeks earlier and applied for a student account. All the forms were completed by a member of the bank staff. It would seem that she was given the wrong account and was insisting that they produced the application forms which she had signed. The customer services woman said - (wait for it) - 'we have a lot of paperwork here, we cant keep track of it all'. So much for Data protection :eek:Possibly due to the CEO cutting back on staff to save money.

 

Keep at them:)

 

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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In response to my SAR request, bank have only sent me statements for my current account.

I specifically asked for copies of all loan agreements, statements relating to the loan account and details of any PPi payments made on the account.

I also sent a cca request seperately for the loan and PPI information.

Should I just wait to see if the cca request comes through or write again regarding failure to supply all relevant information requested in my SAR letter.

 

Many thanks.

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Give them a bit longer if they are within the 40 days, then if no more info as per your request, hit 'em with both barrels ... :p

'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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  • 2 weeks later...

I am still awaiting the information, as requested in my cca and sar. However, I am due to make monthly payment on my loan account which I cannot afford to pay in full. My intention was to re-nogotiate monthly payments once details of loan and PPI, etc. were received.

 

Can you please advise me of the best action I should take in these circumstances.

 

Thx.

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I am still awaiting the information, as requested in my cca and S.A.R - (Subject Access Request). However, I am due to make monthly payment on my loan account which I cannot afford to pay in full. My intention was to re-nogotiate monthly payments once details of loan and PPI, etc. were received.

 

Can you please advise me of the best action I should take in these circumstances.

 

Thx.

 

Hello Sequest,

 

On what date did you send the request under section 77/78 for the true copy of your credit agreement. You have to give them 12 working days + 2 postage, before they are in breach of the CCA.

 

Only when they are in breach, of this legislation do you have any rights regarding your payment. If they are not in breach, then you have to write to them and explain your circumstances and offer what you can.

 

Any comments from the A team:grin:

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

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Thx for prompt reply Hellhasnofury.

 

I sent the requests on 14th October.

 

Hello Sequest,

 

If you sent it recorded delivery on the 14th October( and you have proof that they signed and received it) and you allow one day for postage and then a further 12 working days and then 1 days postage, If you received nothing back from them (to be entirely sure),tomorrow or the day after they are in breach of the cca 1974 and then and only then do you have rights.

 

Please check on the royal mail website to ensure they received and signed for the letter and have they cashed the money that you sent as a fee for the request.

 

If your decision is to withhold payments from them whilst they are in breach of this legal request, you need to be aware that they will retaliate, by going into default mode this will involve them placing a default on your credit file eventually and pursue you relentlessly for the debt, this will be inspite of the fact they have breach consumer legisation. They hope that you will be uneducated in these matter and go for gold:rolleyes: and at any time they could produce it. Even if they do produce the agreement you would have to consider whether or not it is enforceable

 

These are your decisions at the end of the day:wink:

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

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As bank have already sent me statements, they must have received my request. However, it is not my intention to default on the loan, only to claim back the PPI and interest charges. I cannot fully claim these at present as I do not have all the information to hand.

 

Shall I request full repayment of the PPi etc., even though they have not supplied me with the relevant data.

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Hi Sequest

 

If you do receive your CCA on a live loan account from RBS, then you will need to re-negotiate your monthly payments. This is an entirely separate issue from reclaiming PPI payments on a product which you assert was added to the loan account without your knowledge or consent.

 

Wait until the 12 days is up and, if necessary, negotiate monthly payments.

 

With regard to the SAR, wait until the 40 days is up to start the PPI claim proper. If however, you find that you are only receiving incomplete info, write to the person who sends the info stating that you are entitled to receive ALL info held in your name as the data subject on ALL accounts live or closed, within the Data Protection Act 1998.

 

:)

'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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I wouldn't myself as is a separate issue entirely, and the one should not cloud the other. :)

'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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