First National PPI

[jetli]

Me again!

 

Sorry another one for you! Got a loan with First National in 2004 for half of the payment to replace windows and doors with Anglian. I was told that if I took out there PPI up front I would be entitled to a substantial reduction. The quote went down by about £4000! So paid upfront £991.00 PPI. Again once I looked at the cover it said it only covers accident or death!

 

This one goes to court next week for a charging order:shock: as it is now with Link finacial. The interest rate was 19.4% due to end in 2012. Basically I have paid over £10000.00 and they are after the rest which is £7500.00. They did get a CCJ but I have fallen down on payments hence the file for a charging order.

 

I just need to know what to say to the judge as I think this is so unfair. They are charging me now roughly £93 per month interest and this remaining amount would be made up of the interest left! The CCJ ordered us to pay £45 each a month so technically with them adding £93 per month I would never pay it off.

 

HELP

[dx100uk]

you only need to pay what the ccj wants

 

they cannot split a claim.

 

and get that PPI back + interest

dx

[beachcomber60]

Subbing

 

Similier position to you, although a long way behind.

 

Took at a loan with FN and was told I had to take PPI because I was self employed, started a mis sold ppi claim with GE but they said sorry not our responsiblity take it up with the glazing company.

 

Whilst I did that and waited a reply from them GE immediately 'sold' the debt to Link how went straight ahead and issued court summons, which is being defended.

 

Under CPR disclosures I have found out that not only are GE responsible for the PPI but they also paid secret commissions, which I am researching as I am told it could void the agreement.

 

Beachy

[dx100uk]

well done beachy, you've got 'em

typical responce from GE [now setander?]

 

they wil do anything to bump resp

 

go get 'em

 

dx

[birchave0]

if you can scan and post on here your credit agreement for the loan and let the forum experts have a look.

You first of all need to ensure that the loan agreement was correctly laid out with all of the prescribed terms and that the numbers add up regarding interest.

 

Again it sounds as though the PPI is not worth the paper it's written on.

I'm no expert on CCJs but if judgement has already been passed and you are now behind with your payments, have you tried to arrange to pay your agreed monthly payment, plus say £10 to start covering your arrears?

 

If it goes to court you can use the cr@ppy PPI as part of your defence, how were you supposed to claim on such a useless policy when you needed to? You no doubt will have been paying interest on top of the PPI which will have helped to inflate to amount you have had to pay back from the original loan.

 

Sorry I'm not more helpful....:-|

[beachcomber60]

Thanks dx,

 

With regard to the ppi issue I recommend the OP files a PPI complaint with FN/GE and wait until the final response or eight weeks then report them to the FOS.

 

I have spoken to the FOS, firstly they said they couldnt help because FN/GE & the glazing company werent regulated - HOWEVER the insurance provider (Pinnacle) WAS/IS regulated, to which the FOS said they would take on the complaint as in their words they'd want to know why a regulated company was allowing an unregulated company to 'sell' their insurance products, early days yet but looking hopeful.

 

Beachy

Edited December 11, 2009 by beachcomber60

[jetli]

So as said going to court about this charging order on the 16th December, what should I go armed with? I know you said about the PPI but what else to stop them getting the charging order final.

 

Getting abit confussed as there is someone else in need on this thread! Thats ok though:)

 

I will scan the agreement up tomorow what is the best way to do it? is it photobucket?

[beachcomber60]

So as said going to court about this charging order on the 16th December, what should I go armed with? I know you said about the PPI but what else to stop them getting the charging order final.

 

Getting abit confussed as there is someone else in need on this thread! Thats ok though:)

 

I will scan the agreement up tomorow what is the best way to do it? is it photobucket?

 

Jetli,

 

Please dont have the impression that I was using your thread to receive help & advice for my own case, I wasn't - I posted in support of you & and to highlight the issues I have with both GE & Link and perhaps give you some pointers in fighting back against them.

 

I do have my own thread on the subject.

 

Beachy

[jetli]

Like I said that is no problem so pleased I found this wonderful forum

[birchave0]

yes use photobucket, take a photocopy first, then remove your personal information from the photocopy, then scan.

 

Sorry for asking but how did you end up with a CCJ in the first place?

Did you fall behind with your payments through sickness, redundancy? Or were you self employed and the PPI did not cover you?

Sorry for all the questions, it's just it makes it easier for others to help you when they know the full circumstances.

 

As far as I'm aware a charging order (if granted) will require you to pay the debt in question should you sell your house. I don't think it's common practice for a county court to force you to sell your home just to appease a creditor.....

 

have a quick read of this

Enforcing judgment

[jetli]

Husband is self employed so everything is has got in arrears and I mean everything

[birchave0]

Husband is self employed so everything is has got in arrears and I mean everything

 

if that is the case IMHO you should never have been given a CCJ in the first place

 

If by being unable to claim on a PPI policy when you needed to has caused you to be first defaulted, then a CCJ being registered, I would be going in with all guns blazing, demanding to know why you spent good money a sh*te policy, but that's just me

 

You need to be asking some questions, now. ASAP make an official complaint, can you apply to the court for more time as new evidence has come to light? The bl@@dy banks use this excuse all the time!

[jetli]

Hope so will try and get more time but having been to court before with debts they only allow you 10 mins. But when I have been with link over this one before they did not attend!

[jetli]

Hope this works! Here is the link to the copy of the agreement

 

Sorry next post!

Edited December 12, 2009 by jetli

[jetli]

Hope this works because I could not work out the link form photobucket so have PDF it instead.

 

Here is the copy of the agreement

scan0005.pdf

[beachcomber60]

If OH was self employed then start a mis sold ppi complaint with FN/ GE they will tell you that they weren't responsible and tell you to write to the glazing company - this is utter tosh, they ARE responsible.

 

If you can get hold of it, you need a copy of the underwriters signing off sheet for when the loan was approved - it will probably show 'secret commissions'.

 

If you havent already done so I'd recommend you give angry cat a shout, helping me with my thread against Link.

 

Beachy

[jetli]

If OH was self employed then start a mis sold ppi complaint with FN/ GE they will tell you that they weren't responsible and tell you to write to the glazing company - this is utter tosh, they ARE responsible.

 

If you can get hold of it, you need a copy of the underwriters signing off sheet for when the loan was approved - it will probably show 'secret commissions'.

 

If you havent already done so I'd recommend you give angry cat a shout, helping me with my thread against Link.

 

Beachy

 

Thank you but 2 questions! How do I get hold of the underwriters signing off sheet and how do I get hold of angry cat:?:

[beachcomber60]

I'm not sure whether this link will work, I'm using my mobile browser.

 

You can post on this thread (its a good read into complaints about Link) and ask ac to look at your thread or click on her user name and send a pm.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222298-complaints-link-financial.html

 

As far as the signing off sheet ask GE for it or if Link is taking you to court ask them.

 

I didnt ask Link, they sent it as part of court discloures. Nowhere in the agreement does it mention commission will be paid & it wasn't in my SAR, I have been tol that it could void the agreement, still researching the subject & seeking clarification.

 

There is a thread running on that subject as well, I'll have a quick look and try & post the link for you - its another fascinating read.

 

Beachy

[beachcomber60]

Try this one

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/155866-g-e-money-secret.html

 

As I mentioned I've discovered secret commissions & they amount to about £2,000 so its alot of money involved.

 

Beachy

[jetli]

Thank you AGAIN!

[jetli]

Went to court today as Link wanted a charging order instead of there CCJ and thought I would let you all know that the Judge adjorned it because they had been charging me 21.7% (as said in my recent thread) around £100 per month. She was shocked as they should not charge interest on a CCJ! Told me to make sure I continue with the good advice I seem to be getting (Thanks to this forum). To me this is Fraud is it not! Not just against the CCJ bu me too? Along with a misold PPI. What do you think?

[birchave0]

Went to court today as Link wanted a charging order instead of there CCJ and thought I would let you all know that the Judge adjorned it because they had been charging me 21.7% (as said in my recent thread) around £100 per month. She was shocked as they should not charge interest on a CCJ! Told me to make sure I continue with the good advice I seem to be getting (Thanks to this forum). To me this is Fraud is it not! Not just against the CCJ bu me too? Along with a misold PPI. What do you think?

 

what has the judge asked you to do now?

Did they ask you to contiune paying the original monthly payment as agreed with the CCJ?

 

I would get straight onto your PPI complaint, get the ball rolling ASAP.

 

I'm sorry I'm not more help on the CCJ front, but I thought that once a judgement had been made, you only had to repay the amount owed, as agreed with the court. I do not think they are allowed to add interest on.

 

I'm sure someone else wil be along soon with some real legal advice, well done for today!

 

Birch

[jetli]

No mention of carrying on paying CCJ at the moment