PPI advice 77 year old couple RBS loan

[Laura Cooke]

Laura,

 

In normal circumstances both husband and wife would have to sign the SAR on a joint account.

 

But when her husband died, the lady should have taken a copy of the death certificate to the bank to have his name removed from the account. Do you know if this was done?

 

If it has been, the account is now hers and therefore she alone has to sign.

 

RBS registered address is 36 St Andrew Square Edinburgh EH2 2YB and mark it for the attention of the data controller.

 

DJ

 

If the papers have not been taken to the bank, then that needs to be done asap and certainly before sending the SAR.

 

 

The old lady had his name removed from the bank account at RBS can I assume RBS would have done this to the loan as well?

[dj1971]

Laura,

 

Yes RBS certainly should have removed the husbands name from the loan and any other accounts they held.

 

So just ask the lady to sign the SAR and get it sent off asap.

 

Good luck

 

DJ

[Laura Cooke]

just so you know the FSA has prescribed compensation in these cases and i know for a fact the loan company will try and get away without paying out correctly so do not accept any offer that doesnt clear the finance!!!!!!!! i cannot emphasise that enough.

 

the fsa states

repay the premium

repay historic interest

repay 8% on payments claims and most importantly here

"to pay for any claims for which the customer would reasonably have expected to be paid under the policy"

so unless on the phone call they specifically used the line" you wll not be eligble for life cover because you are too old" then screw them to the wall

 

Thanks for this CAB reckon if she is eligable for the Debt Relief no point to this as the debt will be wrote off I don`t agree with that sentiment?

[Laura Cooke]

This debt relief seems harsh with what it allows it seems different to a debt programme and what your allowed I mean nothing for hobbies or leisure? only £15 a month for christmas, birthdays etc only £33 a month for phone this seems very low and what about holidays even criminals in prison getting spending money!!!!

[dj1971]

Laura,

 

In my personal opinion, stay well clear of any debt relief programs.

 

Your friend in my humble opinion has a good case to claim mis-sold plus interest on the PPI. That is the best way forward and although may take some time, from personal experience I can tell you it will be worth all the effort in the end.

 

So I suggest you move forward with sending the SAR asap. The sooner you get the information needed, the sooner we can help work out what your friend can claim back.

 

Also this is her money, which these moralless leeches have been taking from her and her husband for years.

 

I urge you, continue with the SAR so you can get in a claim for mis-selling.

 

DJ

[Laura Cooke]

DJ

 

You not confusing Debt Relief with Debt management are you the Debt Relief writes off the debt off if you have debts under £15,000 if you have less than £50 a month left over out of your income.

 

Citizens advice deal with it and get it wrote off think it costs £90

 

The SARS is going off tomorrow when I will be seeing the elderly lady so she can sign it

 

Appreciate your help in all this

[dirkuberpower]

 

Your friend in my humble opinion has a good case to claim mis-sold plus interest on the PPI.

 

 

Life Insurance is not a PPI

[dirkuberpower]

The documents you uploaded show that its a life insurance policy, which is not a PPI. A 77 year old managing to get life insurance is good,not bad.

PPI is unsuitable as it covers for unemployment,which at 77, would not apply.

[Laura Cooke]

Laura,

 

Yes RBS certainly should have removed the husbands name from the loan and any other accounts they held.

 

So just ask the lady to sign the SAR and get it sent off asap.

 

Good luck

 

DJ

 

 

SARS back all they have included is bank account statements the ltter we sent about the PPI and a loan papers for the 2006 loan but none for the 2005 and 2007 they included the PPI certificate for the 2007 loan

 

The lady has no copy at home of the 2007 supposedly loan yet seems to have kept everything so she is puzzled as to why she would not have the 2007 copy

 

No comms log either so whats my next step

[dj1971]

Laura,

 

It is quite possible they do intend sending further documents in a separate package. This often happens and I think from memory I received 4 different packages from Barclays when I sent a SAR.

 

You can either choose to hold tight until the 40 calendar days are up, or personally I would send them the first letter before action of which there should be a copy on the SAR sticky I referred you to.

 

Good luck

 

DJ

[Laura Cooke]

Thanks DJ will wait till the 40 days are up before I take any action

[Laura Cooke]

Still no more papers yet off Bank of Scotland wrote and complained about all the harassing phone calls though and letters despite both myself and CAB writing to them to tell them to hold back whilst sorting the old ladys affairs then had a Blair Oliver Scott letter come one addressed to the old lady and one to her hubbie who died November 2010 and they know he as!!!! the loan is only in old lady`s name now what a despicable bunch this is letter sent to her http://i988.photobucket.com/albums/af10/Lac-1822/Photo0056.jpg?t=1298497171

Edited February 23, 2011 by Laura Cooke
wrong info

[Surfer01]

Any chance of pursuing irresponsible lending? I don't suppose there is any chance of the lady going bankrupt? Best thing may be to go to court about it, claim irresponsible lending and offer to pay back £5 a month.

[Laura Cooke]

Her outgoings outweigh the incomings since her husband died her income as dropped dramatically pursued a Debt Relief Order through CAB but they say the amount she spends on shopping is higher than the amount allowed for the DRO and same with telephone I don`t regard £260 a month high for food when she has a Labrador to feed and is partially blind & diabetic and £82 for the phone it`s her only point of contact to her children who do not live in the area and some are on mobile phones not house phones same with travel she as to go by taxi as she as to be picked up and took home this averages £173 a month Nation Debt Line agree that her outgoings for expenses is acceptable but CAB say they are too high for a DRO it would be declined so looks like I will have to let the National Debt Line deal with this

[Surfer01]

If she lives in an area with good signal strength then maybe a mobile phone si the way to go as it woudl be cheaper than £82 per month or do you mean a quarter. Perhaps she shoujdl have an Anytime package attached bringing the phone bill down to about £17 per month. I think about £60 per week is about right for food due to increase of foodstuffs recently.

[dj1971]

Laura,

 

Do the bank statements show payments going out of her account for the loans in 2005 & 2007?

 

If so that may well give us some more ammo to throw at them.

 

As they now have provided the loan details for the 2006 loan you could start putting some calculations together for that one and perhaps submit a claim for all loans but with only figures for the 2006 loan, stating you are unable to provide figures as they have not provided the information in your SAR.

 

Personally I would also contact the information comissioners office and lodge a complaint against BOS for non compliance with the data protection act. This may take some time to get sorted and the ICO don't actually have any legal powers, but just might be the kick in the xxxxxx BOS need to hand over the information we need.

 

Invite other caggers to give their opinion, but I would do the calculations for the 2006 loan and submit a claim for all.

 

DJ

[Laura Cooke]

Laura,

 

It is quite possible they do intend sending further documents in a separate package. This often happens and I think from memory I received 4 different packages from Barclays when I sent a SAR.

 

You can either choose to hold tight until the 40 calendar days are up, or personally I would send them the first letter before action of which there should be a copy on the SAR sticky I referred you to.

 

Good luck

 

DJ

 

 

Their 40 days was up on the 6th March. The old lady is receiving letters nearly every other day from Blair Oliver Scott, despite BOS knowing full way the husband died last November and loan only being in the old ladys now as all this was changed at the bank which was also Royal Bank of Scotland. She is receiving a letter each to her and her dead husband which is most distressing I have complained to them about this and still the letters keep coming. Need to send the letter before action if I can find it.

 

Surely no attempt should be made to request payments on this account when only a partial SARS as been sent?

 

I have put a Letter Before Action together I assume this does got to Royal Bank of Scotland and not Shop Direct Finance (Catalogue) whom she applied for the loans with

Edited March 12, 2011 by Laura Cooke

[Laura Cooke]

In the letter which came with the partial SARS it said they had been unable to locate any loan in the old ladys name yet they partially included a copy of PPI for 2005 loan taken out. And also the front of a loan agreement for 2006. So if they have no knowledge of a loan how come Blair Oliver Scott are sending letters non stop stating "Our Client Royal Bank of Scotland" want the loan money!!!

 

 

The old lady and her husband had 3 loans in the past of which one is meant to be from 2007 and still running they have sent bank account details as she was also banking with RBS I have changed her bank for her.

 

They say in their response I sent about being miss sold PPI that any information I have provided is not in relation to any loan with them yet they provided a partial copy of 2005 PPI in the SARS!!!!!

 

The loans were taken through Shop Finance Company Ltd which is her catalogue but RBS provided the loan, all letters sent about this loan I have addressed both to RBS and Shop Direct Finance at Chester CH883AN it`s all very confusing. Shop Finance Direct have never responded to any letters sent.

 

The old lady is also getting calls and letters from Blair Oliver Scott despite CAB writing to them and myself asking them to stop ringing and stop sending letters to the old ladys dead husband, a payment book I have found has Bank Of Scotland on it and also says Capital Bank

 

The old lady kept all paper work down to a fine art and I have asked her why she hasn`t got an agreement after 2006 loan she is adamant she had no other loan after the 2nd one (2005, 2006) yet she is being pursued for a current loan which she as no agreement for and by the looks of it no one else as the agreement for this either. I asked Shop Direct Finance for a copy of this current loan not had any response from them about anything

Edited March 12, 2011 by Laura Cooke

[Laura Cooke]

bump

[dirkuberpower]

The documents posted on first page don't have ppi on them, are these what the complaint is about? please clarify

[xboxer]

The image in post No 5, item 2 states PPI.

 

Don't know how relevent it is but the agreement in post No 3, where it states I wish to purchase HSPF Ltd Mastercare, the tick box and signature box are empty. I would read that as the insurance was NOT wanted.

 

As I say I'm still learning so just pointing out my observations!

[Laura Cooke]

Laura,

 

Do the bank statements show payments going out of her account for the loans in 2005 & 2007?

 

If so that may well give us some more ammo to throw at them.

 

As they now have provided the loan details for the 2006 loan you could start putting some calculations together for that one and perhaps submit a claim for all loans but with only figures for the 2006 loan, stating you are unable to provide figures as they have not provided the information in your SAR.

 

Personally I would also contact the information comissioners office and lodge a complaint against BOS for non compliance with the data protection act. This may take some time to get sorted and the ICO don't actually have any legal powers, but just might be the kick in the xxxxxx BOS need to hand over the information we need.

 

Invite other caggers to give their opinion, but I would do the calculations for the 2006 loan and submit a claim for all.

 

DJ

 

She got paid at the post office and paid her loan by payment slip already sent calculations in for 2006 you sent me figures reply was that they wanted to know which loan this referred to as they said I had given a current account number I wrote back to BOS and RBS and gave them all account numbers I have and asked them to sort it for all the accounts they have added PPI to. The old lady as not details of a 2007 loan and is adamant she never had another after the 2006 yet their is an account number for a 2007 account, the old lady as no details for this loan it`s laughable as the partial sars that as come states they can`t find any evidence of the old lady having a loan with them they then enclose a 2006 agreement with the sars but no 2005 agreement or 2007 she has had loans and does have a loan with them as BOS chasing her for the debt and it clearly says debt to RBS going to report them to FOS they misleading her

[Laura Cooke]

The documents posted on first page don't have ppi on them, are these what the complaint is about? please clarify

 

Documents posted say on them (Insurance on loan) that is PPI either way it was miss sold they were over 73 when they took the loan any use on the loan was for people 70 and under

[Laura Cooke]

It`s all very confusing and deliberately so by RBS it has Capital Bank on recent letters from Iqor, then Blair Oliver & Scott are also bombarding with same letters for same amount and Home Shopping Personal Finance who she started the loan off with as they are her catalogue now can anyone tell me this is ok it`s down right crazy that`s why I don`t know who to write to etc so I send similar letter to them all

[dirkuberpower]

Documents posted say on them (Insurance on loan) that is PPI either way it was miss sold they were over 73 when they took the loan any use on the loan was for people 70 and under

 

it only says the life cover ceases at 70, the policy is meant for old people as its instead of ASU. I dont think it was mis-sold