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    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • 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.
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saferidges

Beneficial Finance - PPI and Personal Accident Plan **WON**

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Afternoon, firstly thanks for this wonderful site. Its given me the confidence to ask some serious questions of the lenders I have dealt with and has made me determined to try and claim back some of the money I feel I was 'conned' out of.

 

A few years ago I was very naive when it came to money and lending. Without really thinking I entered into a loan agreement with Beneficial Finance who really took me for a ride. The interest they charged was absolutely criminal, but on top of that the PPI and a personal accident plan were added which came to £893.88.

 

I have a Personal Loan Agreement which shows Life and ASU. Life being £180, ASU being £407 and with interest of £305.89. There are two boxes which should be ticked but instead the Life box has an 's' in it and the ASU a 'y'. When i took out the loan this was explained to me as being part and parcel of the loan and something I had to enter into. I did not to my recollection tick any boxes and I fully believe this was pressed upon me without my understanding. It is only really with the Media coverage that I have understood that this may now be deemed illegal and I may be able to recover these fees?

 

Can anyone advise if I would have a case and what my best course of action should be in the first instance? I have drafted up, using templates, a letter to them requesting a full repayment, is this wise as a starter?

 

Thanks again for your time

 

Saferidges

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Hello saferidges,

 

 

Afternoon, firstly thanks for this wonderful site. Its given me the confidence to ask some serious questions of the lenders I have dealt with and has made me determined to try and claim back some of the money I feel I was 'conned' out of.

 

A few years ago I was very naive when it came to money and lending. Without really thinking I entered into a loan agreement with Beneficial Finance who really took me for a ride. The interest they charged was absolutely criminal, but on top of that the PPI and a personal accident plan were added which came to £893.88.

 

I have a Personal Loan Agreement which shows Life and ASU. Life being £180, ASU being £407 and with interest of £305.89. There are two boxes which should be ticked but instead the Life box has an 's' in it and the ASU a 'y'. When i took out the loan this was explained to me as being part and parcel of the loan and something I had to enter into. I did not to my recollection tick any boxes and I fully believe this was pressed upon me without my understanding. It is only really with the Media coverage that I have understood that this may now be deemed illegal and I may be able to recover these fees?

 

Can anyone advise if I would have a case and what my best course of action should be in the first instance? I have drafted up, using templates, a letter to them requesting a full repayment, is this wise as a starter?

 

Thanks again for your time

 

Saferidges

 

If you are happy you have all the data you need and a valid reason to submit a claim for mis-selling then you should go for it.

 

I would advise you firstly to read through the stickies at the top of the forum there is a lot of information there which could be of benefit and help you along the way.

 

Better prepared before action.

 

PPI - Some Notes for Claimants..

 

Full SAR for ppi

 

and this one with tons of info some relevant to claiming and some general interest....

 

links

 

Do not be daunted by the amount of links pick out those you think will help link in and save those that could be of use to your favourites.

 

aa

  • Haha 1

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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Got a letter from HFC on Saturday informing me that they will be paying me the full premium with interest paid. In addition to this they offered the 8% on top of this which I would be due should this have gone to court. Have to say I am extremely surprised at how quickly this has been resolved, but I'm delighted at the outcome. Its taken under a week for it to get to this stage which i thought was unheard of.

 

Thanks again for your advice and guidance. Using the templates from the site has, I think, benefitted me greatly. Once i get the money i'll be making a donation.

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Be my pleasure to re-title your thread with a **WON**

 

watch this space :D


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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urm.well done

 

so hfc are coughing up again.

 

i think i'll write them a letter just to bump my topped up loan which goes back to the 1990's that they said is statute barred.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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I have a complaint with the FOS regarding my ppi with beneficial, is it worth my while writing to them to see if they will back down or do i need to wait for the FOS now the complaints with them? To be fair it's been with them 15 months now and i'm getting a little fed up of waiting..

Saferiges, do you have a template of the letter you sent to them?

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Hi, i used the following as the text for my letter

 

#################################################

 

I purchased Payment Protection and Personal Accident Cover on the above policy from you in November 2004 but now believe that I was mis-sold this policy for the following reasons;

 

This is due to the fact that I was not given the correct information when the policy was sold to me, as

·Your salesperson implied that taking out the policy would assist my credit application.

·Your salesperson was very pushy in selling me the policy so that I felt I could not say no.

·Your salesperson did not tell me that the policy was optional and I have since realised that I have alternative insurance cover.

·Your salesperson did not give me full information on what the policy would and would not cover

·I am concerned the sales assistant that sold me the policy has no financial background and the policy was not sold in my best interests.

 

Additionally, due to the fact that you have been fined by the FSA for failing to treat your customers fairly when selling Payment Protection Insurance and I do not believe that my policy was sold in my best interests.

 

Unless you can satisfactorily justify to me that the policy was fair and reasonable I am requesting a full refund of all premiums, and subsequent interest on these payments, that I have paid to date. As I believe I have been deprived of this money I also expect 8% statutory interest, the amount a court would award, to be added to the premium paid.

 

I look forward to a full and prompt response to this letter and for the matter to be concluded within eight weeks or I shall be contacting the Financial Ombudsman to investigate my complaint.

 

Yours faithfully,

 

 

###############################################################

 

 

Hope this helps

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Where did you send this letter to?

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