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BankFodder BankFodder


BankFodder BankFodder

The light is near

Loan PPI, default and is it enforceable

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Hope you can help.


Thanks to all the CAG to give me the strength to challenge these organisations.


I got into Financial trouble last July and went down the route of payplan.


Please note that I did look into assistance by other debt management organisations and advise people not to use these companies as they charge a fee to set up a debt management plan. Payplan have been very helpful in freeing my debt issues. I had no option but to go down this route as my debtors are not very good at coming forward and helping. Since then most of my creditors have been quite helpful as Payplan is actually funded by them they woek in partnership with Payplan.


Most of these companies have put an agreement in place probably because they don't have any enforceable agreements and hoping that I won't challenge them with that issue.


In October I challenged my PPI with Alliance & Leicester and only in May have they got their act together and refunded the PPI to my account, 7 months later!!!!!!. I also wrote to the chief executive as I found it very unfair that they had defaulted me despite all my efforts not to avoid payment to them. I also researched the information commissioners report with regards to placing defaults on clients accounts and it seems that there are consideraions that these companies should consider when placing a default on an account, in fact a defult is seen as bad as a CCJ and is on your file for 6 years. Although this is not a rule for 6 years organisations have set this as a standard time. Alliance & Leciester have now agreed to remove my default thank goodness and my persistence and reserch has helped my case. I am happy to show anyone the report that I used if they want.


Alliance & Leicester will remove this default in 14 days. It is also noted that if you do have PPI on your loan and you are disputing it they must place this dispute on your credit file, which Alliance & Leicestr never did, which I beleive is a breach of the infroamtion act.


My query is that now they have refunded the PPI they have now asked me to sign a new loan agreement. I am not happy to do this and I have told them that I am not happy to sign the new agreement as they have not addressed my letter of complaint since November and also I am not happy to sign a new agreement without checking my old agreement. I have sent them a request for this agreement but surprisingly I have not heard back from their data controller.


Does any one have any comments on the situation? What are my rights on signing the of new agreement without checking my old one.



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Well I have just received a response from Alliance & Leicester and they are now saying as I have not signed the new agreement that they are staying to the old terms and not changing my terms. How dare they only give me a few weeks to sign a new contract when they took 6 monhts to deal with my request. I have also CCa'd them and they have not reurned my original agreement. I did not want to sign a new agreement without seeing my existing one! I think I am going to have to request the copy of the agreement and put this in as a complaint.


Any advice?

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