Jump to content


  • Tweets

  • Posts

    • As has already been said here, whether it takes five minutes or longer, the case will be closed in your favour. Enforcement is going to be a completely different issue. When do you issue your claim? Have you drafted the particulars yet? You may want to post them up here so we can have a look and comment before you actually issue the claim
    • I would like to think not too, hindsight is a wonderful thing, and I did say before had this all been done in a face to face situation I wouldn't be in this current predicament. I mentioned that he said after his first initial call to me about the clutch/strut needing replaced however the car requires a completely new paint job and stripping of the 'wrap' (actually a badly attempted effort at spraying with a plasti dip paint) which wasn't apparent in any of the pictures, nor did he mention it. However, even this doesn't come into it with the 14 days to cancel as no reason has to be given.    I'm hopeful that it if goes before a judge and the fact it was sold on a trade sales invoice will be case closed in my favour in under 5 minutes. 
    • Well, perhaps pointing that out in the first place was a tad sarcastic, so, I generally reply to sarcasm with sarcasm.    Bottom line is, the reason distance sales open more avenues for a consumerrights etc is because people get duped by dodgy traders rather frequently.       I believe your own first response was, good luck with the 12 months extension, which is already in my favour, so a bit more savvy in knowing what you're talking about before you responded would maybe have prevented me from pointing out that yes, I do indeed have the 12 months extension.   My apologies you said it should be interesting. .. goodness knows what you meant by that.
    • "Is it just that? Oh I thought it was because of all the effort he and others made to rightly bring DCBL to court. But he just got lucky there I suppose   "All the effort put in"? You mean there was some kind of entrapment? Surely not.
  • Our picks

    • @curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
      • 6 replies
    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
      • 8 replies
    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

Sainsbury's Payment Protection Insurance On a defaulted loan


Please note that this topic has not had any new posts for the last 3325 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi,

This is my first post here so apologies if I'm going over old ground.

I'm trying to sort out the mess my brother has landed himself in. He took out a loan with Sainsbury's Bank back in November 04. He was told he had to have payment protection insurance on this loan. This, including interest added just over £9K to the original loan. He has since defaulted on the loan and it's in the hands of a DCA now. My question is, if this ppi should have been optional and he was told it was compulsory then was it missold? If so, how does this affect the defaulted loan?

Hope someone can help.

Thanks in advance.

Tashmann

Link to post
Share on other sites

Tashmann,

 

Yes it was mis-sold in my opinion.

 

If you have a copy of the original loan agreement, remove all personal details including barcodes and post it up for us to have a look.

 

Chances are if he has been paying it since 2004, will be quite a bit to claim back.

 

So post the agreement and I will help you do your calculations.

 

DJ

Link to post
Share on other sites

Hi DJ,

 

Thanks for the prompt reply. Apparently the loan was applied for over the phone. No application form was ever sent and the only evidence there is is the credit agreement. The insurance section has no signature just a machine printed name in the appropriate box.

 

The problem I have is that the loan is now in the hands of a debt collection agency who are pushing for the full amount, including the protection insurance. Because I believe my brother was missold this ppi I don't see that the debt collection agency have any right to demand payment on that part of the defaulted loan. I'm not sure how he stands legally on this. If the ppi was missold and it can be proved as such then the credit agreement cannot be correct and therefore unenforcible in its current form.

Link to post
Share on other sites

I assume the agreement you refer to is in your brothers possession and dates back to 2004 is this correct,not a recent agreement supplied by Sainsburys??????????????Get the PPI claim in,if it was sold on the basis no PPI no loan,you should be able to claim this back.....claim it back from Sainsbury and advise the DCA you have a dispute with PPI with the original creditor and until this is resolved, you cannot proceed any further..................FS

Edited by firstship
missed out line
Link to post
Share on other sites
  • 9 months later...

Hi, to follow up on this thread. RBS were the original holders of my brother's loan. They have now made a settlement offer but are saying they will contact the company they sold the debt to and will forward the amount agreed to them. Are RBS allowed to do this? If so what are the ramifications? Can this be considered a full and final payment? What happens if the original company RBS sold the debt on to has sold it on, won't that just line the pockets of the original DCA and leave my brother in the same position he's in at the moment? I'm tempted to tell my brother not to accept this offer on the terms RBS are offering as I don't think it will resolve the outstanding debt. Can anybody help please?

Link to post
Share on other sites

The rules of set off will be determined by the type of assignment.

 

If the debt was sold on and all rights etc were transferred then they cannot use the right of set off.

 

If the DCA are just acting on behalf of the OC then sadly they can set off.

 

You also need to make sure the offer figure is correct before you accept anything....have you done your own calculations to work out what is due back?

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

Agree with ims21,but most important have you made your own PPI calculation,and is it approx the same as the offer? DO NOT sign their offer until you are sure.

 

FS

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...