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    • This is more than helpful. Thank you so much. I will get the cca done tomorrow and post the reply from them for what to do next. Thank you all again. 
    • 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 !!!!
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middenmess

Paying premiums whilst claiming.

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Probably a slightly different thread to most on here as I have no real issues with PPI as I have made several successful claims for illness on credit cards [self employed] over the years for up to the maximum 12 months.

 

My question is that during the period when a claim is being paid should the PPI/Credit card protection Insurance, which is charged as a percentage of your outstanding balance every month,still be charged and paid.

 

My argument would be that as you are already being paid out with a successful claim what would you be paying PPI for during this claim period? --If likened to say, Car insurance,then if your car was written off in an accident and the insurance company settled the claim then the balance of your years insurance would credited against your next policy or you could claim a partial refund.

You wouldn't continue to insure a car that was written off and make a further claim on it!

 

I did query this whilst claiming but was fobbed off with some waffle or the other and didn't feel up to persuing the matter at that time but now that I'm into the swing of the CAG I thought I'd seek the opinion of other caggers.

 

Not sure if I've explained myself too well but I expect that you can get the gist of it.

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Probably a slightly different thread to most on here as I have no real issues with PPI as I have made several successful claims for illness on credit cards [self employed] over the years for up to the maximum 12 months.

 

My question is that during the period when a claim is being paid should the PPI/Credit card protection Insurance, which is charged as a percentage of your outstanding balance every month,still be charged and paid.

 

My argument would be that as you are already being paid out with a successful claim what would you be paying PPI for during this claim period? --If likened to say, Car insurance,then if your car was written off in an accident and the insurance company settled the claim then the balance of your years insurance would credited against your next policy or you could claim a partial refund.

You wouldn't continue to insure a car that was written off and make a further claim on it!

 

I did query this whilst claiming but was fobbed off with some waffle or the other and didn't feel up to persuing the matter at that time but now that I'm into the swing of the CAG I thought I'd seek the opinion of other caggers.

 

Not sure if I've explained myself too well but I expect that you can get the gist of it.

 

I would tend to tread carefully as if you decide that the payments you are making to give you the cover are not applicable due to the claim your are making then the people making the claim may decide that the claim is in fact outwith the final results.

 

aa


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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Hi Alanalana-claims are long finished and in the past.

 

Have read your reply several times but not sure that I really understand it.

 

'.....then the people making the claim may decide that the claim is in fact outwith the final results.'

 

It's probably me as it's getting late but could you elucidate?

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I believe that as you have made successful claims on your PPI then at least it shows that the PPI in your own particular case does work if you need it.

 

I would not advise you to go along the path of your post 1 where you suggest, if you are making a valid claim should you still be having to pay the PPI premiums.

 

If you believe you should not be paying the PPI premiums because you are making a claim on the policy then you should perhaps also consider if you question this and suggest that you should not be having to pay the premiums because you are making a valid claim. Then you could be putting yourself at risk because if you say you should not be paying the premiums then they could counter you are not paying the premiums so we will not pay the Insurance. (Just food for thought)

 

aa


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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