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    • Well I’d like to see it, but I respect the decision not to publicly upload something that someone could prepare better by seeing it.  Good luck with the outcome. Perhaps it could be shared securely post judgement?
    • going by your figures    £5239.50 was added to the £21k loan making the amount we borrowed  £26239.50.   so the PPIPCM% was: ppi/loan+ ppi*100=%   5239.50/26239.50*100=19.97% so lets call that 20% so 20% of any payment made on its date was PPI.   now you'll have to fill out the statint sheet as if you haven't yet been refunded then add in the payment you got on its date as a minus figure on the sheet on its date to the sheet   that will tell you whats outstanding from the refund   thus what you owe today.   dx          
    • Next you need to send off for a breakdown of the charges the Bailiff applied.  . Here's an example,  use and ADAPT at will and best sent initially by email backed up by a copy in the post. . "From: My Name My Address . To: Acme Bailiff Co Bailiff House . Ref: Account No: 123456 . Dear Sir . With reference to the above account, Can you please provide me with a breakdown of the charges.  . This includes: a - the time & date of any Bailiff action that incurred a Fee. b - the reason for the fee. c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged. d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at. e - the date of the Certification. . This is NOT a Subject Access Request uest under the Data Protection Act S7 1998  You are obliged to provide this information. . I require this information within 14 days. . Yours faithfully . Ripped off customer" .
    • well no you did tell them you'd cancelled the fact that you omitted to pay one extra dd after that date is somewhat immaterial now.   your problem is you've done all this by email. you now need to stop using email and block and bounce them totally   using royal mail send harlands a letter offer them one months payment as you cancelled the dd without leaving 30 days for the next  payment to be taken. but refusing to pay any unlawful admin fees.   if they fail to accept that. you ignore everyone.   dx        
    • not your problem   use the custom google search on the top right    pcn claimform get reading up on what is to come if they proceed. and no you don't need to add to your defence.   dx
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    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
      • 0 replies
    • 30 Day Right To Reject - Vehicle Casualty Report. Read more at https://www.consumeractiongroup.co.uk/topic/415585-30-day-right-to-reject-vehicle-casualty-report/
      • 57 replies

Billywhiz

Taking RBS to court

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Could I take RBS to court for trying to enforce unenforacable debts made up of missold PPI and for publishing untrue information on my credit files?

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Suggest that you follow their complaints process first of all and then use the services of the FOS if necessary.

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and ICO but correct follow their procedures first ask for their complaints procedure then go through the motion its drawn out but if all else fails then court action


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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did you borrow money from them? (irrespective of whether the agreements are enforceable?)

 

did you fail to make the payments (for whatever reason)?

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yes to both. missold ppi on 3 loans two of which were to refinance the previous loans.

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only failed to make the payments on the last one due to unexpected life event. i did tell them I wouldn't be able to make the payments and asked if they could let me have longer to pay - I was still working. They were less than helpful - they offered me another loan! I took out a parachute account and contacted cccs. The loan was defaulted and my payments through cccs started 3 months later. As you can imagine interest and charges were piled on during that period.

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The advice is still to follow the complaints procedure of RBS and then when you reach deadlock, to pass this to the FOS.

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If I complain to the bank about missold PPI how should I word the letter? I have kept my original loan agreements. (The loans were taken out in 2001 and 2003). They were both taken out to reschedule existing debt and both over 5 years. If the full fee for 5 years was put on the first account and then the rescheduling loan had another full fee for 5 years cover on it surely I should have been given a refund for the 3 years of cover I didn't use?

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it all comes under multiple loan agreements,this alone now changes the whole situation...if possible could you post up each agreement but remove all data that can identify you...

also have you sent your SAR for all data they hold on you

if not you need to do this straight away...

as you did try to re negotiate with them for help in either reducing the payments by asking for releif thay have proved very unhelpful then you have a case to build upon,if the PPI were an extra addition that you had not asked for then a complaint to the FSA AND FOS concerning this ,hopefully you have calculated your PPI payments and thses can be used to reduce your bill somewhat and if like you say you only missed one payment after the fact that you had asked for help will show you did try and help was refused except to say they were willing to offer another contract at much higher rates that you felt were unfair ..so i think we need to see all data in order to make some sense as it is we are only getting bits of info BW but dont forget to remove personal data..

patrickq1

  • Haha 1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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yes to both. missold ppi on 3 loans two of which were to refinance the previous loans.

 

then the information recorded with the CRA (which is not enforcement by the way) would be true!!

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it all comes under multiple loan agreements,this alone now changes the whole situation...if possible could you post up each agreement but remove all data that can identify you...

also have you sent your SAR for all data they hold on you

if not you need to do this straight away...

as you did try to re negotiate with them for help in either reducing the payments by asking for releif thay have proved very unhelpful then you have a case to build upon,if the PPI were an extra addition that you had not asked for then a complaint to the FSA AND FOS concerning this ,hopefully you have calculated your PPI payments and thses can be used to reduce your bill somewhat and if like you say you only missed one payment after the fact that you had asked for help will show you did try and help was refused except to say they were willing to offer another contract at much higher rates that you felt were unfair ..so i think we need to see all data in order to make some sense as it is we are only getting bits of info BW but dont forget to remove personal data..

patrickq1

 

could someone post a link to photobucket?

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forget last post. I'll get one of the techies at work to help me scan them and post them. Sorry, I'm trying not to be a technophobe:confused:

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only failed to make the payments on the last one due to unexpected life event. i did tell them I wouldn't be able to make the payments and asked if they could let me have longer to pay - I was still working. They were less than helpful - they offered me another loan! I took out a parachute account and contacted cccs. The loan was defaulted and my payments through cccs started 3 months later. As you can imagine interest and charges were piled on during that period.

 

the CRA information is basic- it records the fact of a missed or defaulted payment- not the reason!- although you may place an entry on the file yourself to explain the occurrence (not that it will do much good i admit)

 

my advise with regard to taking RBS to court is

 

Don't

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Does anyone know why they don't take me to court? I haven't paid them anything for over a year now?

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well i'll bet a pound to a bucket of pig sh*t it is because they can't (they have no cause of action)

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well i'll bet a pound to a bucket of pig sh*t it is because they can't (they have no cause of action)

 

can you explain further? what would be a cause of action and if they are so sure I owe them money that they keep updating my credit record at the agencies why can't they take it to court?

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in other words they dont have a properly executed credit agreement- without which they have no cause of action (reason to sue you)

  • Haha 1

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thanks diddydicky. Do you never sleep?

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loan agreements 001.jpg

 

loan agreements 002.jpg

 

loan agreements 003.jpg

 

First attempt to attach agreements

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sorry, not good. I'll try again later.

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Please follow these links to see agreements. Can anyone tell me how to calculate how much to claim? There was another loan account with PPI prior to this from about 1996 which I haven't got a copy of but I do know the account number of. Would it be worth sending in an SAR and gathering as much information as I can before claiming?

Edited by Billywhiz
Account Numbers visible

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bump

please could someone peruse my aggreements on flickr

see attachments on my last post

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Right. I have equipped myself with a scanner and a printer and i am beginning the fightback. I seem to have reached an impasse with RBS. They say I owe them 12,000+, I know that this is because they sold me multiple loans (3 in all) with ppi which was misold. I have 2 of the ccas which I kept copies of so I know how much the ppi was on those but I don't have a copy of the agreement for the first loan I took out in 1998 ish. I have asked for copies of the ccas four times, and paid four times but they haven't been forthcoming. I have also sent an SAR for details about the loan account but they sent me details of my current account instead. I have stopped paying anything now and the fourth DCA the bank has asked to act for them has ceased collection activity (for the time being they say) because rbs won't send the DCA the proof that they're entitled to collect the debt. I presume this is because rbs won't send the DCA copies of the loan agreements either. Now that I am not being hounded for payments by anyone I intend to begin the fight back in a calm and clinical way but I'm unsure how to start. I'll list the order of events below;

1997ish - took out a loan for home improvements with ppi

All payments up to date, took maternity leave, kept up with payments but built up overdraft, also car worn out so when Doreen, my cusomer advisor from rbs called;

July 2000 took out another loan to include overdraft and a new second hand car so I could return to work credit (see copy of loan agreement on flickr link above)

2001 unplanned pregnancy - warned baby will be disabled carry on working and paying off loan. Baby born in July is disabled - multiple hospital visits ensue.keep paying loan payments overdraft building up again

2002 Jan - return to work but can only manage part time due to prohibitive cost of childcare for 2 under 2's one disabled + still seeing lots of specialists. Overdraft still building up, lots of charges, go to see customer advisor at bank with a budget sheet, ask for repayments to be less, Doreen tells me they "don't have a product" that would allow that but she could offer me another loan to wrap up my overdraft and "set me straight again" Is she mad ? I think. I'm struggling to make the payments on the loan I've got. I decline her kind offer.

Sept 2002 go back to work full time, struggling to pay for childcare, essentials and loan repayments - overdraft continues to build - lots of charges building up

august 2003 go to bank in some distress, overdraft now equal to monthly wage, lots of dds returned unpaid and charged for, absolutely desperate. Take budget sheet again beg and plead for longer to pay. By this point my I am working full time but my salary has gone as soon as it is paid into the bank. And I have three children to feed and clothe + I am very worried about my disabled daughter. Doreen is implacable the only way I will get full access to my salary again is to take out another loan (with ppi of course (again - see copy of agreement on flickr). To be continued...

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Hi Billywhiz

 

Has RBS made you aware that the loan agreement copies are recreated?

 

Paul


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Hi Paul, thanks for getting back to me. please see my previous post. The copies of the loan agreements I have are the ones I kept for my files when I took the loans out and not copies that rbs sent later. They have not sent me the fully signed copies, despite me asking and paying four times that is why I stopped paying anything on the accounts.

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