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    • You can post claim forms on your thread if you edit the pdf to block out personal details. I think details of that are on our upload sticky.   HB  
    • The trading standards officer didn’t come back to me yesterday so I’m going to call her on Monday morning and just clarify that there is no further action she will be taking so I can proceed to submit the money claim form.    However before I do this, I just wanted your guidance on a few things please.    1.  Should I contact the trader to return his courtesy car as he has mentioned this to the Trading Standards officer?  I am not willing to drive an untaxed car, nor do I want to particularly drive to him even if he arranges the car tax, but do I contact him to arrange a suitable day / time for him to collect it from my mums address. ?    2.  Should I register my fathers car in my name? The DVLA were made aware that my father had passed but at the time, we were under the impression the car was being repaired and would eventually be returned back to us so that we could decide what we wanted to do with it (keep it vs sell it). The situation has since changed and I’m just wondering whether I should register myself as the keeper    3.  My father also had private registration plates on the which we want to keep. I know I need to fill in the relevant paperwork to retain the plates, however should I request the physical plates back from the trader? In hindsight I maybe should have included this in the letters that I sent to him, but is this something I can request via the money claim? In addition, when the keys for the car were given to the trader, they had a key ring of my son of when he was a baby. It might sound petty but I really don’t like the thought of the trader having this, so am I able to request this via the courts also?    4.  When I fill in the online money claim form, should I put my late fathers names as the claimant , i.e Mrs MY NAME as the personal representative of Mr FATHERS NAME (deceased)’.   5.  I also just wanted to have a final sense check of the wording of the particulars of claim as below.    The late Mr XXX, claimant, bought a Jaguar vehicle registration number XXXX XXX from the defendant for £10995 on 4th September 2019. Soon afterwards, the vehicle developed serious defects and despite defendant's attempts at repairs, it has continued to exhibit problems. The vehicle is in the possession of the defendant and has been with him for 21 months during the entire 22 months of the claimant's ownership. The defendant is fully aware of the nature of the defects and has been fully appraised. The defendant has supplied a vehicle which is not of satisfactory quality and the claimant has been fundamentally deprived of substantially for the whole benefit of the contract. Prior to issuing proceedings, the personal representative of the Late Mr XXX, claimant, sent a Letter of Claim to the defendant demanding payment. In the circumstances, the claimant seeks reimbursement of £10000   The one thing I am unsure of in the above  wording is the part where it says “….and has been with him for 21 months during the entire 22 months of the claimant's ownership”   Is the car still classed as the “claimant’s ownership” even though my father passed during this period and I haven’t registered the car under my name? Do I (as the personal representative/ executor) technically own the car?    I apologise for all the questions but I would really like to get this right to avoid any unnecessary delays / costs etc.    And I appreciate all your help with this   thank you 
    • Can I PM you the claim form as it has personal details? I did put in a defence. I believe it’s still open as on the government money claim website it states the claimant will be asked to go to mediation but nothing has happened. The claimant is a landlord for unpaid rent on an old tenancy.    The HCEO has already been…
    • I think there is probably a lot of confusion here. First of all it sounds to me as if there has been a judgement against you in the County Court. This judgement is for a figure greater than £600 and instead of using the County Court bailiffs who are not very effective, the claimant has had the matter transferred up to the High Court for enforcement by High Court Enforcement Officers who have a lot of teeth and will carry out a very robust enforcement. If I'm right, then there is a judgement already in place and you won't be able to get it set aside. I think you need to let us know a bit more what it is about, a copy of the claim form in PDF format would be very useful. Did you put in a defence? Why do you think the claim has still not been heard or settled? Who's the claimant? What is the value of the claim? Also you should be aware that High Court enforcement is very expensive and if the enforcement is successful then you will have the fees added as well which could be as much as £2000. There is no good news here at the moment.
    • I was reading a news article and thought that a UK Government minister looked about 65 so close to retirement.   I then read that they were only 46.    My thought for the day, is that if you want to remain youthfull looking, don't become a Government minister as the job will add 20 years to your looks.
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Santander PPI on Debenhams Store Card


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Hi

Just about to start a claim for PPI on Debenhams store card.

I will use the same arguments that I made to Egg who paid up.

I will also refer to the agreeement they sent me , which has large crosses against the signature boxes to indicate where I should sign . They have put a large cross against the PPI box .

My recollection is that I signed up for the card in store , at the till point because they were offering 10% off purchases.

 

I will keep you posted on progress, but would be interested in hearing from anyone about their experience with Santander and how they approach claims.

 

Regards

W

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Hi Wfloss

 

Good luck with your claim, i have found Santander one of the most stubborn to deal with, have a read of my thread, it is a long one and now i'm currently in a court case with them......... http://www.consumeractiongroup.co.uk/forum/showthread.php?309207-Debenhams-Store-Card-PPI-***Urgent-Help-Required*******

KatieJ :rolleyes:

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Hi

I have submitted claims to Santander for PPI on a Debenhams and HOF store card.

 

I was doing some research and came across the PPI example in the FSA handbook.

So being a saddo , I reconstructed my claim using the layout in the FSA handbook and both produce higher amounts than my claim. I just wanted to check that the scale of the claim was the same so am happy that I have not overstated my claim.

I have estimated PPI back to 2000 so am sure Santander will take issue with the amounts and the claim probably as I can't seem to find many success stories on store card PPI.

 

Would really like to win these though as just going through the transaction log has been a revelation . They charge 1.50 per £100 for PPI and 29.3% APR , so they have certainly had their moneys worh out of me.

Of course I knew this, but it is only when I have looked at the detail and started to add things up, that I realised how stupid it is to use storecards especially if you don't pay them off each month!!!

I will be closing these accounts as soon as this process is completed. Hopefully ending with two nice fat cheques.

 

Regards

W

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  • 2 weeks later...

HI

Santander have refused my claim and referred me to FLA.

Reading other threads on here sounds like they are a waste of time so will ring FOS tomorrow.

Their basic argument is that I had 30 days to cancel,had a copy of T& C and PPI clearly indicated on my monthly account. Their sales people at the time (2000) would have explained this was optional and that I had signed the box saying I wanted it.

Does anyone know of any cases where they have had to repay?

 

Regards

W

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Hi

Another letter from Santander today refusing my Debenhams Store Card PPI , the one I got yesterday was a House Of Fraser Card.

 

Referred to FLA again , so rang FOS this morning and a not very helpful person said had never heard of FLA and I should ask Santander why they had done this.

 

Rang Santander who explained it was because they weren't regulated in 2000.

 

Rang FLA - left message no call from them.

 

Rang FOS , got a very helpful person this time who had heard of FLA. Explained that Santander Cards weren't regulated at that time, but FOS would deal with the underwriter so I need to quote the insurer.

 

If that isn't known , they will contact Santander . She simply asked me to send my questionnaire and they will take this up with Santander and gave me a reference and email contact.

 

So I guess I am in for a long wait . given their workload on PPI .

 

I also asked whether I was wasting my time based on the reasons Santander gave for turning this down, primarily because I can't find a successful Santander PPI on a store card on this Forum and as this seems to be trickier than loan PPI , it was good to hear that this wasn't the case.

 

While waiting on the phone , looked at the FOS stats on their website for the number of PPI claims , who from and the number upheld , it makes interesting reading and helps pass the time if you are in a queue on the phone to one of our large financial institutions.

 

Regards

 

W

 

So top tip,

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Hi WF

 

Keep at it is all I can say....don't let themw ear you down.

 

Regards

 

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

 

 

 

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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

 

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Thanks IMS

My luck had to run out as I was very lucky with my Egg claim. Also had what I consider to be a win with Nat West who have offered to repay late payments - the interest is rubbish , but I never expected them to repay anything without a fight.

I have just emailed FOS with all the details and have asked about timescales.

 

Hopefully will be tackling Barclays next who have not responded to my SAR withing the time limit as they are trying to track down all the paperwork. Hopefully that is true as I know that I paid PPI on several loans that had balances from the previous ones.

So get your calculator charged up as I may need help!

 

Regards

W

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  • 2 weeks later...

Hi

FOS have asked me to submit my claim to Financial Insurance the underwriter, who should respond within 8 weeks.

 

Reading other threads on here I am following the same path as others who are now waiting for FOS to deal with this issue of PPI pre 2005 with companies like GE Capital.

 

I am following the advice, but struggling to see how the underwriter would pay up , and not Santander Cards ( GE Capital) also pondering who benefitted from the interest charged on PPI.

 

Regards

W

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Hi

 

The agreement for the card was with GE. Their agreement stated PPI payable. PPI was charged on the card statement. The PPI was not sold to you by an insurer...it was sold to you by agents of GE. GE applied the PPI charge to the card and charged subsequent interest on it (if any). GE had the benefit of that interest and the profit earned on it.

 

GE are responsible for the refund.

 

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

 

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Hi IMS

It seems odd that FOS are sending people to the underwriter , but there are several other cases on here where they have done that. what I expect to happen next is be referred back to Santander , then back to FOS when it is refused again.

I have read in one thread that FOS are trying to unravel who is responsible, given these arrangements were made before they were regulated by FSA.

 

I can't pretend that I understand why there is a difference and they won't pay up because of a pre 2005 agreement

 

FOS technical guidance refers to general Insurance guidelines prior to 2005 and their position is quoted below:

The ombudsman has noted that there is much in common between the present statutory regulatory-regime and the non-statutory provisions that preceded it (and, indeed, the position at law). The non-statutory provisions no longer apply as specific requirements on those selling insurance. But the ombudsman considers they still represent a helpful guide to good industry practice.

 

FOS must be dealing with a lot of these claims on store cards so it must be in their interest to establish the position on this.

 

My issue is that although I signed up in 2000 , I have been paying this until very recently , so I sort of think that the FSA guidance should apply. These insurances are unusual in that they are not for a fixed term or renewed annually, so I don't think they should be able to hide behind the fact that they weren't regulated when I signed up. Also FOS is saying previous insurance guidance is very similar.

 

Obviously in for a long wait on this , but others are ahead of me so it will be interesting to see what happens .

Just out of interest , your win went back many years - did they make similar arguments?

 

 

Regards

W

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Hi

 

My one was actually quite straightforward....complaint letter, fos questionnaire. Took them the full 16 weeks but then up popped an offer so job done.

 

We must not forget that with fos, it is the banks who pay their wages.

 

Also, the way I look at it is that you didn't have a contract at all with any insurance company/underwriter or anyone else. The contract is with GE/Santy and the ppi relates to the contract you had with them. It is mentioned in the contract (even if it was mis-sold).

 

You're right, you might be in for a long process unless you take the other option and go through court.

 

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

 

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Hi

isn't it strange that some are easy and other claims go round in circles - obviously some technicality on the company the contract is with and how they were regulated at the time.

 

I don't want to go to court , hats off to those that do. I will let continue with FOS and see where that goes.

 

I have other fish to fry with Barclays , which should be more straightforward , if only they would fulfill my SAR ( complaint in progress)

 

Regards

W

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Hi

Address below

They were pretty quick responding/ rejecting which I think in my case is easy for them due to it being pre 2005 , but I have seen quite a few sucesses for cards taken out after 2005 , so hope your claim falls into that category.

 

Good Luck

Regards

W

Complaints

Santander UK PLC

PO Box 1125

BRADFORD

BD1 9PG

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subbing....

GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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Hi

After reading TINKS thread . I have decided to write to Santander challenging them on their reasons for refusing my claim and referring them to FSA guidance and their recommendations on what approach should be taken with pre 2005 claims. They gave a final response but hey ho I have nothing to lose.

 

I have stated that they have taken the exact opposite approach when considering my complaint and have given reasons that the FSA say should not be used to reject claims.

 

I have also written to the FSA about pre 2005 sales and the difficulties consumers are experiencing and asked them what they are doing about this.

 

I doubt this will make any difference , but I feel better

 

Regards

W

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Hi

Can anyone advise please.

One of the accounts was upgraded in 2008 and I was given a new account number.

I vaguely recall trying to use my card in store and the assistant was having problems processing the transaction. They were upgrading all the accounts at that time and they decided they could sort this by setting up a new account.

I wasn't provided with two agreements with my SAR, but could this constitute a new account ?

My thinking is that this is after 2005 and that part of my claim should be dealt with by Santander

Thanks

W

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Me too am waiting for their defence as we speak. Dim idiots, credit agreement with crossed out sections , yet the old telemarketing call ploy is being used too. Wish you good luck WFLOSS :)

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Hi

Received a reply from FSA , who I wrote to expressing my concern that there were many people having difficulty making claims for missold PPI because the companies were not regulated by FSA when the agreements were taken out.

Thought I would share their response

 

Response from FSA

 

I understand that you have a complaint about mis-sold payment protection insurance which was sold to you in 2000. Your concern is that a large number of consumers, including yourself, will be unable to make a complaint about this, as general insurance sales were not regulated until 14 January 2005, and so, the providers of the insurance are unwilling to consider the complaint. As these are then rejected by the Financial Ombudsman Service (the Ombudsman), you would like to know whether the Financial Services Authority (FSA) can comment on this situation.

 

I appreciate the time you have taken to contact us about this, and that this has been triggered for you, by the complaint you have. I thought it would be helpful to explain the role of the FSA, why these complaints may not be able to be considered by the Ombudsman, and your next steps, in the event that the Ombudsman cannot help.

 

The FSA is the independent regulator of financial services firms in the United Kingdom, and we authorise and regulate the majority of financial services firms in the UK. As you correctly state, prior to January 2005,. the advice and sale of general insurance was not regulated, and so, in some cases, consumers are experiencing difficulty in making a complaint. However, prior to 2005, insurance companies could choose to sign up to the General Insurance Standards Council (GISC), which was a voluntary agreement for insurance companies, but, once joined, compliance with the council¿s code of practice was compulsory. Where firms were a member of GISC, it is within the remit of the Ombudsman to consider complaints about them. Where they were not, the Ombudsman does not, unfortunately, have any jurisdiction to consider the complaint, except where the firm has given permission for it to do so, under what is known as voluntary jurisdiction.

 

The Ombudsman will be able to advise whether the firm that is now part of Santander was a member of GISC, and, if so, it should be able to help you. it is important to note that, as an independent organisation, it is for the Ombudsman to decide whether they can help. If they cannot, then you may wish to consider seeking legal advice as to the possibility of pursuing your claim through the courts. I appreciate that this may be an expensive option, but suggest that you speak to your local Citizens Advice Bureau (CAB) in the first instance, to see if they can provide you with any further information about making this claim. I have attached a link to the CAB website where you can find your local office:

 

www.citizensadvice.org.uk/index/getadvice.htm

 

There is a search box at the bottom of the page which you can use to find your local office.

 

I realise this may not be the response you were hoping for. However, I have explained that some insurance companies were covered by GOSC

 

www.fsa.gov.uk/pages/consumerinformation

 

and via the Money Advice Service website at:

 

www.moneyadviceservice.org.uk/.

 

Regards

W

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  • 2 weeks later...

Hi

I was advised by FOS to send my complaint to the underwriter after Santander said they were not regulated when I took out the cards in 2000/2001.

 

Genworth Finacial have responded saying they did not sell the policy , so are not in a position to investigate or comment on the sale of the policy. They have forwarded this to Santander.

This is the Final Response from the underwriter.

 

So as expected we have gone around in a complete circle as Santander have already given their Final Response and they weren't regulated so FOS can't go after them.

 

When FOS advised that I submit my claim to the underwriter they sent me a complaint form to complete if I wasn't happy with the response I got.

 

I am not sure what FOS plan to do when I submit my complaint , but they appear to be giving this advice consistently .

 

I haven't come across anyone that has moved beyond this stage and have seen some cases that were at this stage in 2009.

 

Baffled!

 

Regards

W

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  • 4 months later...

I am sure that in the recent decision between BBA and FSA/FOS and NEmo Finance...there is reference to the new scheme being similar to the old one....evwen on Barclays website they state that the new standards will be applied to old agreements

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