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    • This is the full SAR documents that I received. It includes the proof that they deliberately chose not to give me a physical PCN at the time of parking. W3 SAR documents .pdf
    • for the sake of history, i've merged your old sadly failed charges reclaim court claim. have they ever sent you a default notice regarding this mortgage? dx  
    • I am financially at  point where I can see the light at the end of the tunnel regarding my debts. I have one remaining and I am interested to see what my options could be. I have be in contact with the Citizen’s Advice Bureau and the National Debt Helpline, but their advice has been a little more generic (but still helpful). This debt is 12 years old and is now owing around £3k. It was a bank loan and has been passed to several creditors over the years. A payment plan has always been in place and is up to date. I get statements every 6 months. There has never been a CCJ. I have been sent the letters advising of change of ownership. Following my own review of my finances, I decided to contact the current creditor to see if they have a copy of the credit agreement. I regarded this as due diligence as the debt has been sold on several times. The creditor updated me several times saying they had requested the document from the original lender. After 12 months of this they wrote to me saying they had not received it but were still waiting and would send it once received. The last letter was over 6 months ago. I then submitted a freedom of information request to the current and original creditor. The original creditor supplied one, but the current one did not include one in the pack they sent me. I went back to them to ask specifically about this as it was what I requested in my request. They replied saying the debt was sold to them as one without the credit agreement and they did not have it. They have requested it above, so I believe that means they cannot obtain it either for the FOI request. I contacted the original creditor and exercised my ‘right to be forgotten’, under the Data Protection Act, which they have complied with. I also got my up to date credit file and this debt is not showing on it with the current creditor or any others. I contacted the creditor and made them an early settlement offer. They do have an early settlement offer in place on their portal, but I was advised to try to get a reduction via negotiation. I have not heard back from them yet, but I understand through a separate upheld compliant it has or will be refused. Due to this complaint and the creditor putting the account on hold I had stopped payments, and advised them of this. To date, they have not contacted me about resuming payments since the complaint is resolved, but it has only been a few weeks. I am annoyed that they were not honest with me about not having the credit agreement, because that is not being transparent and I understood they should tell you if they do not have it.   I have two questions (but am open to anything else anyone would like to add): 1) Based on the above, does anyone think this account enforceable? I do not think it is? 2) Does anyone have any suggestions on how to proceed? I could resume payments and then settle early. If the above had not happened, I may have just done that. Thank you for any help or input anyone can provide. It is appreciated.
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Advice please for nephew - banks acting irresponsibly?


joneseyblod
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Your nephew should attempt to claim on the PPI because he is ill. When that fails, he should demand a refund based on it being mis-sold due tis being on benefits when he took it out and they were aware of his situation.

 

He should also request a refund of the platinum account charges as he was mis-sold the account. It was obviously the wrong type of account in the circumstances. I have managed to get a refund of these charges in similar circumstances.

 

He should also request a refund of any charges on the current account & credit card at the same time. I managed to get these refunded for my son whilst giving the bank a kicking over mis-selling.

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Hi Jonesy

Tell your nephew to try and stop worrying about their threats. He does not have to speak to these people. Keep everything in writing. You should be able to claim ALL the PPI back because of his circumstances at the time of account opening.

He was certainly missold the Platinum account because if he was on benefits, their policies would exclude him due to a very long list of medical reasons. (Page 29 of their policy docs). His illness is probably there.

You'll have to wait until you get the SAR back to determine what you will claim back. But a letter to them to put the account into dispute wont go amiss.

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I would get your nephew to sign a blank piece of paper (or one with a watermark type background so that it can't be copied & photoshopped without it being obvious) so that you can sign letters on his behalf. I have a disabled friend who uses an inked stamp as his signature - I don't see any difference.

 

I would try a letter along the lines of:

 

Your nephew's address

 

date

 

Re account xxxxxxxxxxxxxx

 

1. I require you to talk to my uncle (tel xxxxxxxxx) of

who will assist me in dealing with the problems with my account.

 

2. This does not indicate any financial association between my uncle and myself

 

3. I require all communications regarding my account to be in writing only

 

Yours faithfully

 

your nephew's signature

 

Then see if they ignore his written instructions

 

If they do, with NatWest, I rang their head office and asked to speak to the MD. When they asked for his extension number, we talked for a minute about the cirumstances & what I wanted to achieve & they put me through to the "executive office". A chap listened, took notes, took my telephone number, said that in the circumstances, someone would ring me & resolve the situation. They did. I gave my mobile number because I can record calls on it. I still have the recording, just in case.

 

It would not have worked out as well as it did if I hadn't sent my first letter - it was the request for writing only when their debt recovery dept was telephone only, plus my pointing out that it was in the OFT debt collection guidance, that made them go a bit further.

 

Currently my son is paying £5 per month, no interest, no telephone calls. (Actually I am paying. He got in this mess because he couldn't cope with getting something done the same time each month)

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We did today receive a strange letter from TSB advising of "recent request for copies of statements on your account to enable you to reconcile your bank charges" and that they will be sent in 40 days.

 

There is no telephone number, and the address refers to a copy statement unit. Do hope that more than just statements is given under the Subject Access Request as a lot more than that was requested!

 

Do you have a template letter for account in dispute letters at all please?

 

If all you asked for is a copy of statements, that might be all you get. I think that the template on this site just asks for statements. If you used the request from the information commissioner's site, you should get everything.

 

An account in dispute letter is just a letter saying that along with the reasons why.

 

your address

 

Account number: xxxxxxxxxxxxxxx

 

Dear Sir

 

Account in dispute

 

My bank account no xxxxxxxxx is in dispute for the following reasons

 

1. I was mis-sold PPI because of pre-existing conditions known to the bank at the time

2. I was mis-sold the Platinum Account. It was obvious to your staff at the time that I opened the account that I would not benefit fro any of the features of the account and that an ordinary account would have been more appropriate

3. That you have applied charges to the account that are unfair

 

I expect a full refund of all of the charges incorrectly or unfairly applied.

 

Yours faithfully

 

Your nephew's signature

 

 

 

You might want to add more. Keep the numbered points short. If you need to elaborate, put it below the numbered points

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