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Sprice63

Help & Advice Needed

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I recently experienced a drop in income so wrote to loan and credit card companies asking them to accept reduced payment until situation improves. Personal loans with HFC, Barclays and MBNA and CCs with Capital1, RBS, Barclaycard and MBNA. The MBNA loan has single payment PPI and I have written to them to claim for misselling and recently discovered Barclaycard with PPI, so wrote to claim as well. Received letter from MBNA to say they will respond by the end of the month, whilst Barclaycard sent me an enquiry form to fill. The Barclaycard was taken out over 10 years ago and I dont recall ever applying for PPI with it. Should I complete enquiry form or request CCA? I plan to request CCA for all loans and CCs, as I think some of these are not enforceable.

As I am in the process of negotiaing reduced payments with these companies via a self managed DMP, is it advisable to proceed with requesting CCAs and challenge some of these agreements at this stage?

 

Is it the case that loans and CCs taken out after April 2007 are generally enforceable, or does this depend on the agreement? HFC loan was taken out after April 2007, Cap 1 CC and MBNA CC also after April 2007.

 

Any help or advice will be very much appreciated.

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you need to be clear on 'what' you can do with the outcome of any cca's you send out.

on the moral side, ok a cca may comeback and be verified as being unenforcable, but, at the end of that day, that just means that until an enforcable agreement is produced, the debt cannot be enforced & you may cease payment. it does not mean that it goes away.

 

you may be able to negotiate a very low F&F to close the matter, should it prove invalid, but that's just about it. don't assume though that it means its disappeared in smoke by some magic of the credit system.

 

as for the PPI [and p'haps charges?] pers i'd use all those reclaim methods to reduce the [alleged] balance, then if it turns out unenforcable, offer a very low figure to close the matter once and for all.

 

on the front of reduced payments, you TELL them what they are going to get & they like it or lump it.

if and a very BIG if, it ever got to court, any judge would laugh it out the door as you have already made and are paying a resonable amount.

typically they will assign a smaller figure.

 

most creditors know this but sadly chance their arm.

 

i cannot recommend more highly doing some reading the named forums of those you are preparing to do battle with.

 

the more you read, the stronger you become

 

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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Thanks for the response. Got a letter from my bank requesting that I pay funds in my account within ten days or they will demand full payment of overdraft. Can only pay when salary goes in at end of the month. Opened new bank account today as I fear bank will use salary to pay off overdraft. I have a loan as well with bank, which is over 5 years old and may not be enforceable. Please advice how to approach negotiating reduced payment of loan and overdraft with bank.

Two of creditors have agreed to reduce monthly payment by half over next couple of months. This is OK but not enough and will need more than three months. Please advice what I should do next.

Thanks

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The first thing I would advise, if you are in England or Wales, is to give National Debtline a call on 0808 808 4000. They will help you with setting up a Debt Management Plan so all your creditors get something on a pro-rata basis. You made a very wise move opening another bank account. Banks don't care if you need that money to survive. They'll take as much as they see fit towards the overdraft.

No doubt alanalana will be along soon with some (excellent) words of advice and plenty of links to read up on. A good place to start as always would be the stickies at the top of this page.

  • Haha 1

HALIFAX: 13/01/07 Sent S.A.R - (Subject Access Request) letter (marked as rec'd 16/01)

Paid in full in March 07

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Thanks

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I recently experienced a drop in income so wrote to loan and credit card companies asking them to accept reduced payment until situation improves. Personal loans with HFC, Barclays and MBNA and CCs with Capital1, RBS, Barclaycard and MBNA. The MBNA loan has single payment PPI and I have written to them to claim for misselling and recently discovered Barclaycard with PPI, so wrote to claim as well. Received letter from MBNA to say they will respond by the end of the month, whilst Barclaycard sent me an enquiry form to fill. The Barclaycard was taken out over 10 years ago and I dont recall ever applying for PPI with it. Should I complete enquiry form or request CCA? I plan to request CCA for all loans and CCs, as I think some of these are not enforceable.

As I am in the process of negotiaing reduced payments with these companies via a self managed DMP, is it advisable to proceed with requesting CCAs and challenge some of these agreements at this stage?

 

Is it the case that loans and CCs taken out after April 2007 are generally enforceable, or does this depend on the agreement? HFC loan was taken out after April 2007, Cap 1 CC and MBNA CC also after April 2007.

 

Any help or advice will be very much appreciated.

 

Hello sprice,

 

I would advise you in each case to begin by sending a Subject Access Request asking for all the data they hold on you.

 

If you're struggling to meet all of the payments then seek some help. The Consumer Credit Couselling Service (CCCS) are good at managing debts. Just google and you should get the information you require. There will also be others who could help.

 

If you wish to reclaim the PPI elements attached to each loan or CC then that is fine but you will need to be sure you have a case for reclaiming.

 

If you intend to go down the Unenforceable agreement route once you receive copies of the CCAs I would advise you to look at this thread first....

 

Is My Agreement Enforceable - Useful

 

Some other links to help you...SAR template letters here...

 

Full SAR for ppi

 

and here...

 

Data Protection Act 1998 - Subject Access Request

 

and be sure to ask for these:

 

You can be specific with what data you request although the Subject Access Request is really asking for everything. The Statutory fee is £10.00 Postal Order is fine but keep the details of the number for future reference. Send all correspondence by at least recorded to be signed for so you can track delievery through Royal Mail.

 

The things you should get from a Subject Access Request are:

 

True copies of your Consumer Credit Agreements (CCA) with the terms and conditions that were applicable to the agreement at the time the loan started.

 

Copies of all your statements.

 

Copies of all correspondence with regard to the loan, letter, fax, transcripts of phone calls or transcripts of phone calls, or other notes taken by them during the calls.

 

Also be specific in your request for full disclosure on any PPI added to the loans this should be identifiable on the CCA.

 

Specifically request the demands and needs/Customer duty of care questionnaite which should have been completed at the point of sale. This questionnaire should be filled out by the bank advisor to ensure all the relevant questions have been asked to ensure the product is fit for purpose and suitable to your needs. See this as an example.....

 

When you send your Subject Access Request you should ask for evidence of the questions asked at the point of sale.

Please see this link for an example:.....http://wwwa.mbna.co.uk/insurance/files/CP0608_INSU_MB_LP_S.pdf

 

The data requested should be data in any format that their organisation uses for filing, electronic, paper, microfiche, CD, Floppy, Magnetic tape.

 

Please have a read through the following links for further information.

 

PPI - Some Notes for Claimants..

 

For claims before 2005 and the FSA ruling from which campaign

How to tell if you’ve been mis-sold PPI

 

Quick check: were you mis-sold? - How to tell if you’ve been mis-sold PPI

 

Another useful site to help you reclaim missold PPI UPDATED 16 JUN 08

Reclaim your PPI premiums - payment protection insurance | This is Money

 

This is a little snippet from the above link....

Quote:

Can I reclaim on any PPI policy?

Your claim for compensation is dependent on when you took the insurance. PPI sales only came under the jurisdiction of the FSA on 14 January 2005. Any sales made before then are not covered by the latest rules.

However, it may still be worth complaining to your lender if you feel you have been mis-sold. If you bought before January 2005 it is likely that they will have been covered by a previous regime of rules. This means that the Financial Ombudsman Service will be able to consider these complaints. If you took PPI after January 2005, your claim is subject to the latest rules.

All of the above and more in this sticky at the top of the forum.

 

links

 

It's a lot of reading but some useful stuff in there

 

Hope this helps

 

Homework first

 

Then claim your money back

 

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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Thanks AA. Do I also request CCA as well as that will take 12+2 days?

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Thanks AA. Do I also request CCA as well as that will take 12+2 days?

 

The SAR should cover the the CCA. But if you only need the CCA then a CCA request with the fee of £1.00 with the 12 + 2 days for actions should do. It is your call as to how much information you require.

 

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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