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    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
    • Yes it doesn't work HB  In Wales someone needed a test on a Sunday, the testing station at Llandudno Hospital was closed, so they could either go to Manchester, 75 miles, or Cardiff 200 miles and a 10 hour round trip.   But as Manchester is England no guarantee on getting test results.
    • Hi, Few days ago my car was taking by Tower Hamlets for parking in a single yellow line. The contravention time states in the PNC from 10:50 to 10:56. Is it possible that they can take my car just for 6 minutes contravention? Is possible that due to the COVID-19, I can challenge that PNC? My neighborhood is always full of cars and there are not enough parking spaces, so everyone parks in a single yellow line if there is not any parking spot available. I do not hold a parking a parking permission. I was not able to apply for it due to the covid.  Any help? Thank you very much.
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Greetings to you all.

 

This is my first (and probably last) PPI claim and I could do with a few pointers.

 

Firstly, it isn't really PPI at all. I have had a Current Account Plus with HFC for years. For all that time I have been paying £1 per month for insurance. I have, of course, seen it on my statements and although I have asked about it on several occasions over the years, They always talked around it and never gave me an explanation.

 

Getting on for a year ago, HFC closed ALL current accounts. I requested a copy of the credit agreement in December 2008 and so far they have produced nothing at all: however, in the course of one of my many telephone calls to them, I asked what this £1 is for. They eventually (and reluctantly) told me it was Life Insurance to cover the debit balance on the account. :eek:

 

A couple of weeks ago I received a letter from HFC saying that they had cancelled the policy and would like to refund the 'premiums' for the last 6 years + 8% interest. Unfortunately they messed up the calculation and the total for 6 years was just over £57 :lol:.

 

This, finally, is the point of these ramblings. Can I claim ALL the premiums back or is it restricted to 6 years? Can I claim interest at their own rate rather than 8% ? and, in the absence of an agreement, how can I find out how long I have had the account? I think it was opened about 1985 but I really don't know.

 

Cheers, T. :cool:

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Hi Skintboy

 

My first thoughts are that they have admitted liability, and I am guessing this is to do with them being fined for this sort of carry on.

 

You could send a full SAR, but unsure if this would get you the really old historical stuff, if they even have it.

 

You could work out an estimate based on £1 pe rmonth for X no of years and just ask for that, plus any interest they charged you PLUS the 8% statutory interest....get to a figure you would be prepared to accept and see what they say!

 

If they don't want to play, tell them you will just ask the FOS for their decision and report them to the FSA for not complying with the terms of their fine *am sure they got a substantial discount on the fine for agreeing to contact folk voluntarily and settle claims etc


Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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Hi Dipply,

 

Thanks for the quick response. I agree completely about the SAR. I'm absolutely certain that they don't have the old stuff, otherwise they would have sent me the CCA and I would start paying them again.

 

I could calculate a SoC from, say, 1990 which I think would be fair to them and see how they react. Personally, I prefere the courts to FOS. It seems to concentrate their corporate minds and it is a lot quicker.

 

Watch this space.

 

Cheers, T. :cool:

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Personally, I prefere the courts to FOS. It seems to concentrate their corporate minds and it is a lot quicker.

 

Watch this space.

 

Cheers, T. :cool:

 

Very true :lol:

 

Well, theyve admitted liability so its really just a haggling issue now. Daft question but I don't suppose at any point, them deducting that £1 at an inconvenient time put you in OD or caused a charge of any kind? :p

 

(as that is the sort of ridiculous thing that happens to me!)


Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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It used to happen to me all the time too :rolleyes: but I'm a good boy now.;-)

 

There will be a time for the charges, but as it is a bank account, it will have to wait for a bit until the banks get a third boot in the ring (so to speak). :lol:

 

God speed the day.

 

Keep the faith.

T.:cool:

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I have now produced a Schedule of Charges for this insurance lark. I did get confirmation from HFC that the account was indeed opened in 1985.

 

I had to do the spreadsheet in 2 parts because there wasn't one long enough for all the entries, 288 :eek:. It is amazing how the interest adds up.

I have deceided to just claim interest at 8%. If I followed my usual practice the total would probably put the claim in Fast Track and I can't be bothered with the grief; mind you, if they get stroppy about it I will up the anti :cool:.

 

Back to my original question though. Is there a problem with claiming back as far as 1985? If there is a 6 year limit I have the option of claiming for 6 years at the contractual rate (maybe with interest in restitution as well).

 

Any input would be appreciated.

 

Keep the faith.

 

T. :cool:

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Greetings all.

 

I have sent HFC a preliminary request for repayment of premiums and interest @8%. I dare not claim interest at contractual rate, the sum would be enormous. Their 14 days are up on Wednesday and it will be time for the LBA.

 

As I said in my previous post, I have asked for the return of premiums going back to 1985. Can I do that?? I've read through all the stickies and can't find a definitive answer.

 

Any advise would be most welcome.

 

Cheers, T.

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No harm in trying to get it all back IMO :)

 

They may kick off and give you back six years worth but I have seen something that states it is six years back from 2007. If I find the detail I will post.

 

I managed to claim back to 1997 on loans with PPI added. Went via the FOS and had settlement of over £10K four months after submission to the FOS. The biggest problem was getting the information from the bank.


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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Thanks Alanalana. LBA will be in the post on Thursday morning.

 

I messed around with a spreadsheet @27.7% back to 1985. The first payment of £1 attracted intrest of £345.00 :eek: and getting on for £2k in the first 6 months. I think I'll settle for 8%.

 

I don't think HFC have any paperwork at all for this account - certainly not that old: nor do they have an agreement. It should be quite a laugh when/if it goes to court.

 

Thanks again for the support.

 

T. :cool:

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