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    • Thanks DX, I've read these a few times over. I'm feel like I'm pretty confident on the subject.   Do you think I should play dumb and quote the law of property act etc anyway?   The only thing I'm not sure about is the process now, I'm obviously very inexperienced in this and I'm not 100% sure what the sherrifs order is asking of me (post #53). Or maybe I don't need to do anything at all because I'm not submitting any documents as evidence?   The order is post #53 and I'm not sure what they mean by written submissions? is there a form or correct format/process for doing this?   Again, appreciate the help DX and sorry for all the Qs.  
    • Hmm, that is a challenge, my computer ability is limited to copy and paste, which I have included below. Is it very important? I can try and find out but I have the email reply and that is all, sorry   Friday, October 23, 2020 5:28:53 PM To: enquiries@idealwindowsolutions.co.uk <enquiries@idealwindowsolutions.co.uk> Subject: Order cancellation RF14127D   Dear Ideal Window Solutions,   On the 11 of June I signed a contract with you to deliver and install double glazed windows. I was promised to get it done within 8 weeks. The timing was very important to me, I made it very clear to you, and this was the main reason I chose your company. For all kind of reasons your promises did not materialised. After a number of phone calls and emails between us I have decided to cancel my contract with you. I am not prepared to wait any longer, also I have no intentions to install windows during rainy winter time.  Could you be so kind to refund me my deposit of £100 pounds. If after winter time you will get your problems with your suppliers solved please give me a call, maybe we can try again. I will need  new windows anyway. Kind regards,
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hiya beachy im using my phone right now which is slow to type so i will reply to this, this evening ok PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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ill do some research this evening too and see where u can go with the debs card ppi issues PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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I use that interest calculator myself. Turned £85 of PPI premiums into a claim for £1748 which they gladly paid out. It took a small claim though.

 

Hers how you do it-

 

Premiums- enter each individual premium then the date that the contractual rate- I used their cash rate of 26.8%

 

12 "rests" per year from the drop down box and click "360 day year"

 

Add up the totals.

 

This gives you the amount theyve scammed out of you and the amount of money you want back.

 

(With me so far?)

 

OK, when they make some insulting offer, such as the one you have had, you then need to start a small claim.

 

When any claim gets into the legal system it means that you may then ask the court to award judicial interest on top of the amount of your claim.

 

If the contract doesnt specify an interest rate you may claim 8%

 

BUT if the contact does specify an interest rate, you may then claim THAT rate in judicial interest. Got that?

 

Yeah - you can claim another 26.8% ON TOP!!!!

 

This figure is your total (ie premium + interest) minus the premiums.

 

Never fails.

 

Like I said at the start, this turned £85 of PPI premiums into £1748.

 

Premiums charged from Jan 2000 to June 2002 and claimed back at 26.8% plus judicial interest at 26.8%.

 

 

This was settled long before the hearing date- so Barclaycard were very, very keen to settle.

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I sent one letter asking for £1013.00 PPI on my Baclaycard, inc interest and the 8%.

 

They have offered me £1300.00 and actually went back further than I had asked to 2001 when I took out the card.

 

They say it has to come off the balance (which as defaulted, have been with CCCS for 3 years and always pay on time, no problems).

 

Someone said they can do this, another they have no right.

 

Any advice gratefully rec'd ?

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Did you work out the interest using contractual interest using the compound interest calculator?

 

How much were the actual premiums in total?

 

£1013 sounds too low to me.

 

Would the £1300 clear the card?

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I sent one letter asking for £1013.00 PPI on my Baclaycard, inc interest and the 8%.

 

They have offered me £1300.00 and actually went back further than I had asked to 2001 when I took out the card.

 

They say it has to come off the balance (which as defaulted, have been with CCCS for 3 years and always pay on time, no problems).

 

Someone said they can do this, another they have no right.

 

Any advice gratefully rec'd ?

 

Hi Charley,

 

I am a little confused by your posting on my thread as you have a thread relating to the same amont but with the Halifax, do you have a thread that relates to your Barclaycard.

 

Beachy

Edited by beachcomber60
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Pompey, letter received from Barclaycard, I am pretty sure what my next step will be, albeit after the FOS has dealt with it.

 

Obviously their offer differs vastly as to what I am claiming, my claim that has gone to the FOS is for £1448.39 plus contractual + statutory 8% = £6450 :-

 

Dear Beachy,

 

Further to your letter dated ** June 2009 Iam sorry you have had cause to complain about Payment Protection Insurance (PPI) policy provided by Barclaycard.

 

After reading you correspondence my understanding of your complaint is that you feel you were mis-sold the PPI policy.

 

My understanding is that to resolve this matter you would like us to refund the PPI premiums you have paid on your Barclaycard.

 

I have completed my investigation and would like to share my findings with you.

 

Having reviewed your complaint I feel there is a lack of supporting evidence to confirm that the sale of PPI was carried out in accordance with our standard procedures.

 

As a result I am willing to offer a refund of the PPI premiums you have paid and associated interest on this amount. Details of how we have calculated this amount may be found in "Summery of how your refund was calculated". Should you wish to accept this refund, please sign and return the attached settlement form within 14 days and payment will be made accordingly.

 

For the purposes of the FOS you may consider this letter our final response.

 

Summary of how your refund was calculated.

 

Our aim is to put you in the same financial position as you would have been in if you had not taken out payment protection insurance.

 

Calculating your refund involves:

 

a) reviewing the statements we have available and adding the total premiums you have paid with respect to your payment protection insurance and adding any interest which would have been paid on the total premiums paid.

 

(If Payment Protection Insurance was taken out over 6 years ago we have calculated the average monthly premiums paid, over the last six years, and multiply this amount by the number of months you had the PPI policy over six years).

 

Your refund offer

 

Value of PPI premiums paid £14**.**

Interest added at 8% £ 11*.**

 

Total Refund £15**.**

-----------------------------------------------------------------------

Now if they want to put me in the same financial position as I would be if I had not had PPI then the following should apply,

 

The premiums relate to that taken from statements 2002 to 2005 when it was cancelled, however, the account was opened in 1998 so there is four years ppi premiums unaccounted for.

 

To put me back in the financial postion if I had not had the ppi then they have to refund the contractual interest as well as ALL monthly payments.

 

Beachy

Edited by beachcomber60
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Hiya Beachy,

 

Right as your claim is with the FOS, I would no longer deal with Barclaycard as they say its deadlocked.

 

So forward a copy of that letter to the FOS along with a letter of your own spelling out clearly why there offer was not good enough.

 

I was in the same position with the co-op bank and did this upshot is the FOS are not calculating my claim to there own guidelines.

 

Hope this helps.

 

Regards

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Hiya Beachy,

 

Right as your claim is with the FOS, I would no longer deal with Barclaycard as they say its deadlocked.

 

So forward a copy of that letter to the FOS along with a letter of your own spelling out clearly why there offer was not good enough.

 

I was in the same position with the co-op bank and did this upshot is the FOS are not calculating my claim to there own guidelines.

 

Hope this helps.

 

Regards

 

PF

 

 

Thanks PF,

 

Are you saying the FOS arent calculating your claim ? My claim against BC is approx £6500 on the statements that I do have, although there is still staements '98 - '02 somewhere with PPI, so if they want to put the account 'right' they'd better find them.

 

As they admit mis selling the FOS should be fairly swift in making a decision (once its in the system).

 

Beachy

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Sorry meant to say the FOS are calculating my claim to there guidelines using my agreements and spreadsheets.

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Share on other sites
As they admit mis selling the FOS should be fairly swift in making a decision (once its in the system)

 

You would think so,but this is not the case it appears that all claims have to take there place.

 

I submitted my claim in December 2008 after the co-op made an offer of just over £5,500 and its only being seen to now.

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Share on other sites
Sorry meant to say the FOS are calculating my claim to there guidelines using my agreements and spreadsheets.

 

PF

 

Phew - You had me there for a minute (Barclaycard cant/wont provide my cca or statements pre 2002)

 

( 'ere you've changed your avatar again :))

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Yes beachy i changed it last night.

 

In memory of my late father, it is his royal marine cap badge.

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Share on other sites

I went the other way. calculated what I had been scammed out of then took the buggas to court.

 

They settled within six weeks. Contractual interest 26.8% compound and court interest also at 26.8% compound.

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I went the other way. calculated what I had been scammed out of then took the buggas to court.

 

They settled within six weeks. Contractual interest 26.8% compound and court interest also at 26.8% compound.

 

Thanks for the info, didnt think you could hit them twice with compound interest.

 

If that is the case then I've shot myself in the foot by filing with the FOS, if I did compound interest twice then the card would be wiped and there'd be enough left over to have a bleedin' good holiday :D.

 

Does the 6 years limitation act also cover mis selling of PPI ( especially as they now admit mis selling - four years more to be added if so - providing they have statements (they have been reported to the ICO over just providing 6 years statements) account opened in 1998).

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Beachcomber- have you accepted the FOS decison?

 

- (sorry if youve already mentioned that you have, Ive no time to read through the entire thread)

 

That was quick :)

 

No its just gone to the FOS & awaiting their acknowledgement, Barclaycard where messing me around by keep asking for an extra month to 'investigate' so as they had ten weeks with no movement I wrote and told them that it was going to the FOS.

 

Have just received Barclaycard response admitting mis selling & offering a refund of the premuims paid 2002 - 2005 + 8% interest on the total which falls well short of what I was asking.

 

Beachy

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I also went to FOS. After 14 months I lost patience with the delay and took action against Sharkleys myself.

 

Claim served on them end of December, Sharkleys waved the white flag end of January.

 

There is NOTHING to stop you taking action against Sharkleys yourself.

 

Nothing and no one can prevent you from using the legal system.

 

Even if you disagree with a FOS decision you STILL have the right to bring your claim against a bank.

 

FOS is good as far as it goes, but it wasnt set up to deal with mass complaints and is unable to handle the amount of complaints it has recieved. PPI complaints are now taking nearly two years to get in front of an adjudicator.

 

They clearly, vastly underestimated the amount of, well- lets just say " legally questionable actions" committed by the finance industry and the number of people prepared to complain.

Edited by noomill060
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As you have an admission of missellingfrom sharkleys, you will have no trouble extracting contactual interest on premiums from them and the same in court interest. Tell them to take their 8% and invest it where the Sun dont shine.

 

Court action against them now.

 

1) LBA

 

2) Small Claim

 

3) sorted

 

:-)

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As you have an admission of missellingfrom sharkleys, you will have no trouble extracting contactual interest on premiums from them and the same in court interest. Tell them to take their 8% and invest it where the Sun dont shine.

 

Court action against them now.

 

1) LBA

 

2) Small Claim

 

3) sorted

 

:-)

 

WOW

 

Well done you - have you a thread on this?

 

Ive posted a get lost letter to them, FOS has had my complaint for about a month or more, not acknowledged yet.

 

Although my claim is for £6k+ (thats at compound plus 8%) if I could get my hands on the the 3years statements that they cant/wont provide, I'd be looking at double the claim amount.

 

Beachy

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