Advice needed - Abbey miss-sold me PPI

[Braveheart12]

Hi can any give me any advice please?

 

I believe I was miss-sold Payment Protection Insurance when I applied for my Abbey credit card in 1999. I was pressured during a phone call to take the PPI or risk losing the credit facility they were offering me. Last year I wrote to Abbey to inform them of my belief and asked for all details of PPI payments as well as any charges I had incurred due to late payments. Abbey provided me with both which equated to over £600. I then asked for a full refund on these charges plus 8% interest. Soon after I noticed that Abbey had made a £182 credit to my account which they called “CAO Fee Refund”.

 

I have also recently requested a CCA from Abbey, to which they have failed to respond to.

Should I just continue along the CCA route and dispute that an agreement exists or is it possible to dispute the agreement due to the miss-selling of PPI?

 

Any advice would be really appreciated.

 

 

Thanks.

Edited March 9, 2009 by Me against them!

[Braveheart12]

Have I posted this in the correct section or am I more likely to recieve advice from another part of the forum?

 

Thanks

[Braveheart12]

Hi can any give me any advice please?

 

 

I believe I was miss-sold Payment Protection Insurance when I applied for my Abbey credit card in 1999. I was pressured during a phone call to take the PPI or risk losing the credit facility they were offering me. Last year I wrote to Abbey to inform them of my belief and asked for all details of PPI payments as well as any charges I had incurred due to late payments. Abbey provided me with both which equated to over £600. I then asked for a full refund on these charges plus 8% interest. Soon after I noticed that Abbey had made a £182 credit to my account which they called “CAO Fee Refund”.

 

I have also recently requested a CCA from Abbey, to which they have failed to respond to.

 

Should I just continue along the CCA route and dispute that an agreement exists or is it possible to dispute the agreement due to the miss-selling of PPI?

 

 

Any advice would be really appreciated.

 

 

Thanks.

[version302003]

you would dispute it on the grounds they have not complied with the cca request. Amend to suit

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

PRINT NAME (DON'T SIGN)

[Braveheart12]

Thanks, its in the post. I think I will try claim back all the PPI & late fee charges they have not already refunded to me as well. I thought I'd read somewhere that the agreement could be deemed as viod due to the PPI charges and the extra interest this has caused.

[Braveheart12]

Can I dispute this debt on the grounds of having too much interest added to my account due to the PPI which was miss-sold?

[Braveheart12]

Hi can any give me any advice please?

 

 

I believe I was miss-sold Payment Protection Insurance when I applied for my Abbey credit card in 1999. I was pressured during a phone call to take the PPI or risk losing the credit facility they were offering me. Last year I wrote to Abbey to inform them of my belief and asked for all details of PPI payments as well as any charges I had incurred due to late payments. Abbey provided me with both which equated to over £600. I then asked for a full refund on these charges plus 8% interest. Soon after I noticed that Abbey had made a £182 credit to my account which they called “CAO Fee Refund”.

 

The account is now in dispute as I recently requested a CCA from Abbey, to which they have failed to respond to.

 

Should I just continue along the CCA route and dispute that an agreement exists or is it possible to dispute the agreement due to the miss-selling of PPI and the additional interest this has brought about?

 

 

Any advice would be really appreciated.

 

 

Thanks.

[alanalana]

Hi can any give me any advice please?

 

 

I believe I was miss-sold Payment Protection Insurance when I applied for my Abbey credit card in 1999. I was pressured during a phone call to take the PPI or risk losing the credit facility they were offering me. I will post some links below to let you have a look and decide if you were mis-sold. Last year I wrote to Abbey to inform them of my belief and asked for all details of PPI payments as well as any charges I had incurred due to late payments. Abbey provided me with both which equated to over £600. Did they provide a breakdown as to what was PPI and what was charges? I then asked for a full refund on these charges plus 8% interest. Soon after I noticed that Abbey had made a £182 credit to my account which they called “CAO Fee Refund”. Did you ask what this was and if so what was it?

 

The account is now in dispute as I recently requested a CCA from Abbey, to which they have failed to respond to. Was the CCA request in line with the Consumer Credit Act 1974 s77 to s79 and did you send the statutory £1.00 fee?

 

Should I just continue along the CCA route and dispute that an agreement exists or is it possible to dispute the agreement due to the miss-selling of PPI and the additional interest this has brought about?

I would tend to treat this as two separate issues firstly try and ascertain if you consider the PPI was mis-sold to you. If you are not certain then send abbey a Subject Access Request with the statutory fee of £10.00 (lots of statutory fees involved but worth the expense IMO)

The SAR should provide you within 40 days a true copy of the credit agreement, terms and conditions for that agreement, statement of account, and any other data associated with that agreement, ie letters, files etc including phone call recordings or transcripts but you must try and assist by giving information to abbey to enable them to find the relevent calls.

I would wait until you get the result of the SAR and or CCA as long as you have sent the required fees.

 

 

Any advice would be really appreciated.

 

 

Thanks.

 

For claims before 2005 and the FSA ruling from which campaign

How to tell if you’ve been mis-sold PPI

Quick check: were you mis-sold? - How to tell if you’ve been mis-sold PPI

 

 

These links from here loads more information in this that may help it is long but gets you in the mood to get yer money back,

 

links

[Braveheart12]

I can confirm that I was definately mis-sold the PPI for atleast one of those reasons. When I requested details of all payments I had made, I recieved recieved details of all charges and PPI charges in 2 seperate letters last September, these dated back to 2003. I noticed the CAO Refund on my next bill after I had requested a refund. As I said this was much less than the amount I had asked to have refunded. I have not had an explanation for this payment as I started to get too bogged down with my other debts. Now that I feel I am taking back control of things I would like to resolve this issue.

 

When I requested my CCA on the 20 Feb, I sent the appropriate letter and £1 fee, but have not yet recieved a response. Since then I have also sent an account dispute letter.

 

So do you think I should deal with PPI, Charges and CCA as seperate case?

 

Thanks.

[alanalana]

I can confirm that I was definately mis-sold the PPI for atleast one of those reasons. When I requested details of all payments I had made, I recieved recieved details of all charges and PPI charges in 2 seperate letters last September, these dated back to 2003. I noticed the CAO Refund on my next bill after I had requested a refund. As I said this was much less than the amount I had asked to have refunded. I have not had an explanation for this payment as I started to get too bogged down with my other debts. I would write again asking for a full explanation of the CAO (what is CAO) refund. Now that I feel I am taking back control of things I would like to resolve this issue.

 

When I requested my CCA on the 20 Feb, I sent the appropriate letter and £1 fee, but have not yet recieved a response. abbey had 12+2 days in law to responed to your cca so you are within your right to put the account into dispute (but you will need to have proof they received it)Since then I have also sent an account dispute letter. Did you send the cca letter recorded delivery? and do you have proof of delivery? abbey could dispute receipt and cause problems with the account in dispute letter. It is best to send all correspondence at least recorded to be signed for as you can track and ensure delivery electronically. (print all the pages as these can be sent to the FOS and/or used if you go to court).

 

So do you think I should deal with PPI, Charges and CCA as seperate case? IMO yes firstly go for the PPI mis-selling

Thanks.

 

Despite all the adverse publicity financial institutions are still putting up barriers to delay and stall them repaying.

 

Please have a look at the info in here some links could well be of use on the PPI front............links

 

aa

[Braveheart12]

I will pursue the PPI first and question the 'CAO refund'.

 

I sent the CCA request by recorded delivery and have proof of reciept on the 23/02/09.

[alanalana]

I will pursue the PPI first and question the 'CAO refund'.

 

I sent the CCA request by recorded delivery and have proof of reciept on the 23/02/09. Please confirm date as 23/02 before taking dispute action.

 

According to the CCA 1974 abbey, by virtue of not responding to your cca request, are now in fact, breaking the law. You can put your account into dispute if you wish.

Edited March 31, 2009 by alanalana
text added

[Braveheart12]

Yes I agree they are breaking the CCA 1974 and I have sent an account dispute letter to abbey. I will wait for a response from this and start to pursue the PPI and late fee charges that they have added to my account.

 

Thanks

[Braveheart12]

Any views on how I should deal with this latest letter from Abbey. I also recieved an Identical letter from MBNA the same day followed by my CCA a few days later.

 

 

 

Thanks

[alanalana]

Any views on how I should deal with this latest letter from Abbey. I also recieved an Identical letter from MBNA the same day followed by my CCA a few days later.

 

Firstly their letter is to late dated April in response to a CCA request on 20 February and even now they are stating they will respond under seperate cover. They had 14 days plus 2 for postage to respond so you can if you wish insist the account is in dispute under your s78 CCA 1974 request. This means you could stop any further payments on the account until they produce a true copy of your Consumer Credit Agreement as per your request.

 

If you do this the chances are they will issue a default notice and you should ensure if this happens that you are given the required full 14 days to settle the account. You should if you receive a DN keep the letter and envelope this is to ensure they have given you the correct amount of time to respond.

 

The main aim though is to make them produce a true copy of the cca if they do not produce a true copy of the cca by virtue of your s78 or SAR request and you have the account in dispute they cannot issue a DN whilst the account is in dispute.

 

This thread is worth a serious look....

 

StayingCalm vs Abbey with no CCA**WON**

 

I would fill in their form and see what turns up in regard to CCA and PPI.

 

If they fail to respond to your request for a PPI refund of all the premiums with interest and the statutory 8% the choice of actions is then up to you. FOS or Court if it is Court you will need to be prepared as with the above link.

 

aa

 

 

 

If you have not already sent a Subject Access Request the this is the way forward. Just complete their form and send the fee back asking for all the data.

 

You could add on to the form that you require specifically the needs and wants/ customer duty of care questionnaire that should have been completed at the point of sale. This should have been completed by one of their advisors and should have tick boxes ensuring all the appropriate questions were asked to ensure the product was suitable for you.

 

This is the firt instance where I have seen a bank actually sending out this type of SAR information. Please see the letter the CAG would normally send and compare.......Data Protection Act 1998 - Subject Access Request

[Braveheart12]

Just spent about 2hrs reading Staying calms thread, which was very interesting and informative. I didn't manage to to take it all in first time but its certainly helped clear a few things up. thanks.

 

My DN is posted below and I intend on making a SAR to Abbey this week.

 

[Braveheart12]

CCA arrived today! The covering letter states;

 

In accordance with section 78 of the Consumer Credit Act 1974, we enclose a copy of the credit card agreement (original and current) including applicable terms and conditions, and your most recent statement of account.

 

We appreciate the copy of the original agreement is not very clear but it is the best copy we can provide. For the avoidance of any doubt, all of the necessary and prescribed are included in the credit agreement and in addition we have also provided you with.

 

If anything needs clarifying please call.... blah...blah...blah

 

 

 

This looks very strange to me! This is the bottom third of a form and the second side looks like copy and paste job! If you look carefully in the botton left hand corner you can see the top edge of some text that they have chopped. Also non of the codes match each other.

 

Another thing is that there is not any mention of is the PPI they miss-sold to me!

 

Any opinions welcome! thanks in advance!