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MrZ

 

After more thought and consideration of my potential claim for PPI and other insuarance, I had another question.

 

I have 2 admissions of mis-selling. This should make my claim fairly straight forward. Then I thought about the MIF. Technically the morgtage indemnity fee is regarded as insurance, in that it insures the lender against a shortfall. As has been suggested that my loan is not a mortgage, due to the amount being under 25k. Also it has been alleged that Welcome dont actually take out a policy, that the fee is possibly a secret commission.

 

Given that the main part of my claim will be the mis sale of insurance, and I have admission of such, should I also include MIF?

 

I havent yet made a claim or complaint with Welcome regarding the MIF specifically. for that reason is it allowed to be included? The reason for including it is two-fold. The first is to reclaim what was paid into it and reduce the balance of the loan having removed the unpaid amount. Secondly, if Welcome try to defend my claim against mis-sale/inclusion of the MIF, then I would have access through CPR of what the fee actually is.

 

Thoughts?

 

Also I could do with some help drafting my POC, and unfortunately no one has offered any help in this respect. Is anyone up for the challenge? With the written admission of mis-selling, hopefully it wouldnt be too difficult. I just want to make sure I word it properly. I also need to know what should be included in the actual claim amount versus what should be requested in the particulars. E.g. Do I do the calculations for stat and/or restituionary interest and use the total for the claim amount, or do I claim the amount owed without the stat and/or restitutionary interest and ask for the interest within the POC?

Edited by citizenB

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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MrZ

 

Also I am currently paying arrears on my first charge mortgage under a suspended possesion order. This is a direct result of Welcome's agressive collection activity and the inflated monthly premiums I have to pay to them. Not to mention the stress and effect this has had on my credit file and ability to take advantage of better mortgage products.

 

I should want to claim damages for this as well.

 

And and there is info in the SAR that show the transcripts of their collection practices. At one point I made double payment in an attempt to try to catch up. The manager reviews the account at writes a note. "If our customer (me) can make a double payment, why are we accepting reduced payments? Try to get more from our customer."

 

Thats just one example there are others.

 

 

Anyone care to help with drafting up my court claim? I now have the money for the court fee. I would really like to get this moving.

Edited by citizenB

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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citizenB

site team

 

Re: Welcome PPI reclaim - Advice please

Responding to SOS.. give me a few moments to read your thread

Edited by citizenB

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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MrZ

 

 

 

quote_icon.png Originally Posted by citizenB viewpost-right.png

Responding to SOS.. give me a few moments to read your thread

 

 

 

No problem Citizenb,

 

"Welcome" to my nightmare

Edited by citizenB

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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citizenB

site team

 

 

Phew, it certainly is a nightmare isnt it ?

 

Ok, in an ideal world you would be receiving the full amount of the refund back into the account in order to reduce the balance and the loan would be restructured.

 

Apparently this can no longer be as Welcome arent writing any more loans.

 

You have two written admissions frpm Welcome, of wrong doing on the PPIlink3.gif. Their calculations dont appear to be satisfactory. There appears to be some question mark hanging over the MIF.

 

It has been advised that this isnt a mortgage therefore the MIF is probably a nice little earner for Welcome. So do you reclaim it or not ?

 

You have sent a final letter to Welcome setting out YOUR proposals to finalise this situation prior to issuing a claim against them in court.

 

 

With respect to the Subject access request. They have advised this was sent via Recorded Delivery, in which case they can provide you with the tracing reference. I would be inclined to write to them asking for that, if they either cant or wont provide it in order for you to discover where or if this data has been delivered/sent.. then I would be inclined to make a complaint to the Information Commissioner immediately.

 

You need some help with the POCs I will try and find someone to help you with those.

 

I have flagged your thread for attention.

Edited by citizenB

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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MrZ

 

quote_icon.png Originally Posted by citizenB viewpost-right.png

Phew, it certainly is a nightmare isnt it ?

 

Ok, in an ideal world you would be receiving the full amount of the refund back into the account in order to reduce the balance and the loan would be restructured.

 

Apparently this can no longer be as Welcome arent writing any more loans.

 

You have two written admissions frpm Welcome, of wrong doing on the PPIlink3.gif. Their calculations dont appear to be satisfactory. There appears to be some question mark hanging over the MIF.

 

It has been advised that this isnt a mortgage therefore the MIF is probably a nice little earner for Welcome. So do you reclaim it or not ?

 

You have sent a final letter to Welcome setting out YOUR proposals to finalise this situation prior to issuing a claim against them in court.

 

 

With respect to the Subject access request. They have advised this was sent via Recorded Delivery, in which case they can provide you with the tracing reference. I would be inclined to write to them asking for that, if they either cant or wont provide it in order for you to discover where or if this data has been delivered/sent.. then I would be inclined to make a complaint to the Information Commissioner immediately.

 

You need some help with the POCs I will try and find someone to help you with those.

 

I have flagged your thread for attention.

 

 

 

 

Thats a very good summary. I am working on my draft POCbased on what I have found elsewhere in the forum. However most of these are for claims were mis-selling isnt yet admited. I havent a clue how to address the fact that they have upheld my complaints.

 

I will look forward to the help.

 

Thanks again!

Edited by citizenB

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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citizenB

site team

 

 

 

 

 

 

 

paperclip.png Attached Files

If you read the attached fos document, the company cannot force you to repay the refunds into the loan to reduce it (although quite possibly any arrears could be cleared) and neither would the fos insist that the consumer does accept the refund in order to reduce the balance.

 

I forgot to mention the fact that Welcome claimed there were arrears but have not provided you with a breakdown of those.. It might be a good idea for you to request a full statement of account and explanation of any charges/fees applied.

Edited by citizenB

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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citizenB

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quote_icon.png Originally Posted by MrZ viewpost-right.png

Thats a very good summary. I am working on my draft POClink3.gif based on what I have found elsewhere in the forum. However most of these are for claims were mis-sellinglink3.gif isnt yet admited. I havent a clue how to address the fact that they have upheld my complaints.

 

I will look forward to the help.

 

Thanks again!

 

 

 

I imagine that you would be stating that having accepted they were guilty of mis selling a product that they are now attempting to with hold full and due recompense which you would then support with your spread sheet.

 

As Bankfodder points out in his articles in CAGmag, you were fiscally naive in respect of this product or how the application of it could create such a financial nightmare for you further down the line. Would you have taken out the loan had you been made aware of the difference it made to the overall amount you were repaying ?

Edited by citizenB

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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citizenB

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Bankfodder's article for the BBC, in it he has a section that advises how to assess your losses.. perhaps you will be able to find something that you will able to incorporate into your POC
link3.gif

Edited by citizenB

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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MrZ

 

quote_icon.png Originally Posted by citizenB viewpost-right.png

 

 

 

 

 

paperclip.png Attached Files

If you read the attached fos document, the company cannot force you to repay the refunds into the loan to reduce it (although quite possibly any arrears could be cleared) and neither would the fos insist that the consumer does accept the refund in order to reduce the balance.

 

 

I forgot to mention the fact that Welcome claimed there were arrears but have not provided you with a breakdown of those.. It might be a good idea for you to request a full statement of account and explanation of any charges/fees applied.

 

 

By my calculations, if they pay in cash the amoutn I have already paid with the stat interest, then the amount yet to be paid by me applied back to the loan would clear the arrears they claim I owe. So if they would agree to the full amount owing, I will get cash back AND clear the arrears.

Edited by citizenB

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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MrZ

 

 

 

quote_icon.png Originally Posted by citizenB viewpost-right.png

I imagine that you would be stating that having accepted they were guilty of mis selling a product that they are now attempting to with hold full and due recompense which you would then support with your spread sheet.

 

As Bankfodder points out in his articles in CAGmag, you were fiscally naive in respect of this product or how the application of it could create such a financial nightmare for you further down the line. Would you have taken out the loan had you been made aware of the difference it made to the overall amount you were repaying ?

 

 

Of course not! and I had no idea what the total amount to repaid was. this is a point I have placed in my draft POClink3.gif.

 

 

 

The Claimant contends that no information was given regarding the additional costs that the Insurance would add to the loan, and that the Agent quoted the amounts as monthly figures without including

interest as a deliberate act intended to cover the true cost.

 

 

The Claimant contends that, it was never explained that the Insurance would attract interest.

 

 

The Claimant contends that, when the forms were eventually provided for

signature, they were marked with crosses where signatures were required, and that this action is purposely designed to encourage an expedient conclusion.

 

 

The Claimant contends that, the pressure applied by the Agent, and the inexperience of the signatories in financial matters at the time, contributed to the forms being signed without them being fully checked.

Edited by citizenB

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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MrZ

quote_icon.png

Originally Posted by
citizenB
viewpost-right.png

http://www.bbc.co.uk/news/business-13265128

 

Bankfodder's article for the BBC, in it he has a section that advises how to assess your losses.. perhaps you will be able to find something that you will able to incorporate into your POC

 

 

 

 

 

 

This is an excellent article. This is what inspired my proposal to claim damages for what I am now facing re my suspended possession order for my mortgage. It because of the tactics by Welcome that caused me to pay them instead of the mortgage. They (Welcome) were screaming and demanding the loudest and threatening the most so paying them over others was done to avoid undue
distress
and aggravation. Many sleepless nights to boot!

 

Need help in putting this in my POC. I have the concept, but not sure how to structure a claim for this.

 

Edited by citizenB

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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MrZ

 

 

I was giving more thought to how I might prove that Welcomes payments and their agressive actions resulted in my ability to pay my mortgage, which led to a possession order with my mortgage lender. Looking back over the last 18 months, for every month where I missed or made partial payment to my mortgage, in that same month there is a payment to Welcome. Conversely where I missed a payment to Welcome, I made my mortgage payment.

 

Would that be sufficient as evidence to my claim that as a result of Welcomes mis-sale, I suffered damage and distresseg possession proceedings and risk of losing my home?

Edited by citizenB

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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citizenB

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quote_icon.png Originally Posted by MrZ viewpost-right.png

Of course not! and I had no idea what the total amount to repaid was. this is a point I have placed in my draft POC

 

 

The Claimant contends that no information was given regarding the additional costs that the Insurance would add to the loan, and that the Agent quoted the amounts as monthly figures without including

interestas a deliberate act intended to cover the true cost.

 

 

The Claimant contends that, it was never explained that the Insurance would attract interest.

 

 

The Claimant contends that, when the forms were eventually provided for signature, they were marked with crosses where signatures were required, and that this action is purposely designed to encourage an expedient conclusion.

 

 

The Claimant contends that, the pressure applied by the Agent, and the inexperience of the signatories in financial matters at the time, contributed to the forms being signed without them being fully checked.

 

 

 

Sounds good

 

 

 

quote_icon.png Originally Posted by MrZ viewpost-right.png

This is an excellent article. This is what inspired my proposal to claim damages for what I am now facing re my suspended possession order for my mortgage. It because of the tactics by Welcome that caused me to pay them instead of the mortgage. They (Welcome) were screaming and demanding the loudest and threatening the most so paying them over others was done to avoid undue distress and aggravation. Many sleepless nights to boot!

 

Need help in putting this in my POC. I have the concept, but not sure how to structure a claim for this.

 

 

 

If I recall, this loan was a secured loan wasnt it ? In which case, along with the mortgage, it became a priority repayment. Although I would guess that your first / original mortgage is actually the higher priority.

 

 

TBH, I am not absolutely certain how you would/could quantify distress.

 

Sadly, 2nd mortgage/secured loan providers tend to scream louder than anyone else when someone finds themselves in a financial quandry.


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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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citizenB

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Mr Z, it would appear that there is some disagreement with going to court for this particular case.

 

It has been suggested that you could lose your fee if the Judge throws out the claim and advises that you should be going via the FSCS in respect of a Welcome PPI
link3.gif
.

 

 

 

 

 

 

"Court is no longer the route to take on PPI
link3.gif
reclaims

esp with FSCS rulings on how Welcome should redress PPI reclaims

 

i think the judge will throw it out and refer it to the fscs

 

he better needs to concentrate on fighting the 'apparent' ruling that ALL a PPI reclaim from the FSCS comes off the outstanding balance NOT just the notified arrears."

 

 

Edited by citizenB

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Uploading documents to CAG ** Instructions **

 

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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MrZ

 

 

 

quote_icon.png Originally Posted by citizenB viewpost-right.png

Mr Z, it would appear that there is some disagreement with going to court for this particular case.

 

It has been suggested that you could lose your fee if the Judge throws out the claim and advises that you should be going via the FSCS in respect of a Welcome PPI.

 

 

 

This is where there is confusion. My claim CAN NOT be dealt with by the FSCS. My claim is based on a policy in 2003. This is outside of the time period for which the FSCS are taking claims. the FSCS have said that I must deal with my case DIRECTLY with Welcome.....or are you saying even though the FSCS cant deal with my claim a judge will be of the opinion i must be bound by the FSCS guidelines? Isnt the fos a high authority than the FSCS? If so the fos takes a different position than the FSCS.

 

Now what?

Edited by citizenB

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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MrZ

 

 

quote_icon.png Originally Posted by citizenB viewpost-right.png

 

If I recall, this loan was a secured loan wasnt it ? In which case, along with the mortgage, it became a priority repayment. Although I would guess that your first / original mortgage is actually the higher priority.

 

TBH, I am not absolutely certain how you would/could quantify distress.

 

Sadly, 2nd mortgage/secured loan providers tend to scream louder than anyone else when someone finds themselves in a financial quandry.

 

 

 

Yes, I know. I have the concept of what I want to do. But putting it down in "legalese" is where I am struggling

Edited by citizenB
  • Confused 1

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I thought Welcome PPI claims had to go through the FOS as a matter of course. I'm fairly sure thats what I posted. I'm sure DX could clarify.

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I thought Welcome PPI claims had to go through the FOS as a matter of course. I'm fairly sure thats what I posted. I'm sure DX could clarify.
I was under the impression that the FOS, with relation to any matter is an optional route. In the case of admitted mis-selling I dont see the need to involve the FOS. I could be wrong...wouldnt be a first. :)

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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I have seen the older template letters for claiming bank charges. Does anyone know of one spicifically for Welcome/personal loans? What are the best grounds to claim the charges, grounds that give them the least amount of wriggle room?


Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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ime still on this

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ime still on this
Nice one. Thanks post, I'll gladly wait.

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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So I've gone over my statement of charges. The charges consist of

 

CONVERSION/DDEFAULT FEE

UNPAID DD/CHEQUE FEE

LETTER

TELEPHONE CALL

DEFAULT SUM FEE INTEREST

REJECT CR/DR CARD PAYMENT FEE

Total £1073.79

 

No interest is included, these are just the flat charges. the MIF is not included.


Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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This thread will be closed for a couple of hours in order to restore some lost posts :)

 

MrZ, I will finish amending the post titles tomorrow. Tis very late and everything seems to have slowed down :lol:

 

At least all your posts are now restored. Some of them are out of order. :)

Edited by citizenB

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thread restored and now reopened for posting :)


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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