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    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Cap1 & CCA return


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I just called a DCA to see if they got my CCA LBA breach letter and she said so, are you saying that you haven't spent this money? I said, I am not having a conversation about it over the phone, and she said well I can assure you that these contracts, their terms and conditions etc are sent out accuratley. I just said to her, well clearly, they aren't. She was a nice lady and so I just said, look, I'm not tlaking about this over the phone - I'm awaiting your response from your solictors!!

 

It made me laugh when she said they are accurate!!!

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I just called a DCA to see if they got my CCA LBA breach letter and she said so, are you saying that you haven't spent this money? I said, I am not having a conversation about it over the phone, and she said well I can assure you that these contracts, their terms and conditions etc are sent out accuratley. I just said to her, well clearly, they aren't. She was a nice lady and so I just said, look, I'm not tlaking about this over the phone - I'm awaiting your response from your solictors!!

 

It made me laugh when she said they are accurate!!!

 

the thing is, the monkeys we deal with over the phone either have no conviction in what they are saying (they KNOW the bank charges are awful)... or they have been brainwashed by the banks into believing the charges are fair (the 'I'm alright Jack' attitude)... so we don't get anywhere with them at all!

 

I wonder if all the banks are clubbing together now to see how they can fight off disgruntled consumers.. because they're all in the same boat now :D ... Natwest could offer advice to HSBC etc...

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I am on a PPI rant at the moment an going for everyone I have ever had PPI (mis sold)

 

questions

 

1 - Under the CCA if the account is all paid up and they can't find the agreement can I do anything? They have supplied the statement of accounts and I know the start dates, ppi monthly payment etc but wonderering if they can legally lose such an important document.

 

2 - And if it is lost how can they share my credit info. (well that was a few questions)

 

Thanks

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I am on a PPI rant at the moment an going for everyone I have ever had PPI (mis sold)

 

questions

 

1 - Under the CCA if the account is all paid up and they can't find the agreement can I do anything? They have supplied the statement of accounts and I know the start dates, ppi monthly payment etc but wonderering if they can legally lose such an important document.

 

This is a tricky one since under section 77 & 78 (subsection 3 (I think)) they are not legally obliged to provide the document if the account is settled or there is no money owing. However, it would be very difficult to proove that it complied with section 61 of the CCA act if you said that you belived that the original agreement did not staisfy it.

 

2 - And if it is lost how can they share my credit info. (well that was a few questions)

 

Thanks

 

Thats a good question and one that surleybonds has written alot of advice about.

 

Mike

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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I am on a PPI rant at the moment an going for everyone I have ever had PPI (mis sold)

 

questions

 

1 - Under the CCA if the account is all paid up and they can't find the agreement can I do anything? They have supplied the statement of accounts and I know the start dates, ppi monthly payment etc but wonderering if they can legally lose such an important document.

 

2 - And if it is lost how can they share my credit info. (well that was a few questions)

 

Thanks

 

Have you tried a DSAR?

 

 

 

 

 

 

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Guest The Terminator
the thing is, the monkeys we deal with over the phone either have no conviction in what they are saying (they KNOW the bank charges are awful)... or they have been brainwashed by the banks into believing the charges are fair (the 'I'm alright Jack' attitude)... so we don't get anywhere with them at all!

 

I wonder if all the banks are clubbing together now to see how they can fight off disgruntled consumers.. because they're all in the same boat now :D ... NatWest could offer advice to HSBC etc...

It wouldn't surprise me if they all have a chin wag. I noticed in todays paper that it didn't take them long to advertise their new interest rate.
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Guest The Terminator
I am on a PPI rant at the moment an going for everyone I have ever had PPI (mis sold)

 

questions

 

1 - Under the CCA if the account is all paid up and they can't find the agreement can I do anything? They have supplied the statement of accounts and I know the start dates, ppi monthly payment etc but wonderering if they can legally lose such an important document.

 

2 - And if it is lost how can they share my credit info. (well that was a few questions)

 

Thanks

 

Just wondering if the PPI is added to the balance then the interest rate applied, if it is then I beleive it's another breach of the CCA

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Wooppe I'm a classic customer!

 

Woohoo Mike you hit the magic 150 marker :D

 

I'm after the 750 now and Platinum status :p

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Julian, very good post and reflective of probably all of this sites 89,000 members (last time I looked).

 

You ask if you were solely responsible. I answer that witha resounding NO.

 

When I was 16 and getting close to leaving school and actually starting to work for a living, I had it drummed into me that credit was for emergencies only. Yet, over the years I have seen plastic cards pushed onto us whether we wanted them or not, Now I see a world where plastic is king in every sense, Companies are now refusing to take legal tender by way of cheques to further the plastic age.

 

When I was 16 Banks did not deal in mortgages, and only allowed credit if you had a long and excellent banking history with that branch. I knew that a letter from my bank manager was serious.

 

The Banks have created a world of credit where we are all in their debt, they own us body and soul.

 

Yes we are in many ways responsible because we believed what they told us because we trusted them. The wonderful rosy picture they painted has now turned into a scribbled mess.

 

Everything in this world has an equal and opposite, and the credit situation is no different. It too is a double edged sword and is now starting to turn back on it's master. The banks in their infinite wisdom of being perpetually right will soon have to admit that the relentless pursuit of ever bigger profits is biting back.

 

WE the consumers are now showing the banks and any other conglomerate that we are no longer prepared to sit back and accept, without question every fairy tale we hear.

 

89,000 members is a lot of consumer power, and applied correctly it's enough to make a huge difference. If we all turn around and tell the banks no more plastic, if we all tell the fuel companies no more huge prices for a scrap product (petrol), the gas and electricity companies who raise prices when gas is currently wholesaling for pennies. heck we can even tell the government no more tax rises and political correctness.

 

Yes we are resposible, but not solely resposible for the mess we are in. We are responsible for not fighting back earlier and stopping it get this far.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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A good post Julian.

 

Problem with credit is, it's too readily available - there is no getting away from it. In the high street people approach us with credit card offers - in the shops we are offered 10% discount cards, knocking a few quid off our purchases in store if you take the card there and then.... it comes through our doors frequently... it's all over the internet. And people want to keep up with the Jones'.

 

At 18 I had lots of credit, it was brilliant. I always had the latest mobile phone, the 'money' to go out all the time, the opportunity to go abroad, stay in nice hotels.... basically live a watered down version of a champagne lifestyle on lemonade money! Where did it get me? Defaults all over my credit file - something I didn't learn about until my early twenties, and having to pay back all the creditors over the past few years - an ongoing project!

 

It's Christmas soon. I wont even look online at toys/presents. Everything I buy will be bought cash, and if we can't afford it, we wont have it. Simple.

 

My grandad (early 70's) is a chartered engineer albeit retired. He has worked hard to achieve what he has, and he did it without relying on the credit we rely on so much. A few weeks ago he was telling me about the 'lads' he grew up with in their early twenties. They all bought properties, started in two up two down terraces across Liverpool. They sat on Orange boxes until they could afford to buy furniture. Now they all own huge houses in the nicest areas, lovely cars.. and don't have to watch their bank balances. I looked around my house, 4 leather suites.. several huge telly's, several computers... consoles... etc etc... but we're broke. We've done it all back to front.

 

Well not anymore.

 

Do we really need most of the clutter we have accumulated on credit? how on earth can we watch multiple TV's? Do we really need tv in every bedroom?

 

We have all got caught up in the aggresive marketing that surrounds us to the point that we want it all. I used to have about 6 credit cards, every one of them now lies dead as a reminder not to go down that road again.

 

I too used to buy whatever I wanted, whenever I wanted it. Now I buy whatever I need whenever I need it. Its a much nicer feeling picking up the mail every morning.

 

The big difference lies in those 2 little words, WANT and NEED

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Just wondering if the PPI is added to the balance then the interest rate applied, if it is then I beleive it's another breach of the CCA

Excellent, I have the GE (Tricity loan) and a Clydesdale that both do this. So even if they are paid in full can I claim the PPI or can I claim the full loan?

 

thanks

 

ps can someone send me a link to a copy of the CCA 1974, thanks

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Have you tried a DSAR?
yes, I got the statement of account as a simple printout but it showed the PPI (£400 on a 3000 loan) and £400 charges. So I thought before I go for the PPI and charges I would like to see the agreement, but they don't have it anymore and also stated they don't need to have it.

 

But I managed to find a copy in my files tonight and as pointed out above the ppi is added to the loan amount before the APR is applied, so now I need to find out what that entitles me too.

 

What a bl__dy mess my finances were in. Its great to turn the tables.....

If I have helped click my scales....

 

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Excellent, I have the GE (Tricity loan) and a Clydesdale that both do this. So even if they are paid in full can I claim the PPI or can I claim the full loan?

 

thanks

 

ps can someone send me a link to a copy of the CCA 1974, thanks

 

firstly it will very much depend on how the total charge for credit has been calculated. Basically if you have been charged interest onm the cost of the PPI and it hasnt been included in the total charge for credit then you should have a good case.

 

the CCA can be found here Consumer Credit Act 1974

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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yes, I got the statement of account as a simple printout but it showed the PPI (£400 on a 3000 loan) and £400 charges. So I thought before I go for the PPI and charges I would like to see the agreement, but they don't have it anymore and also stated they don't need to have it.

 

But I managed to find a copy in my files tonight and as pointed out above the ppi is added to the loan amount before the APR is applied, so now I need to find out what that entitles me too.

 

What a bl__dy mess my finances were in. Its great to turn the tables.....

 

has this account been settled or is it still running ? if it's the latter then they most ceretainly do need the agreement.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Sorry cancel that I just saw your first post.

 

Once the account is settled then the agreement terminates naturally so isn't needed any longer. Your case would of course be easier to prove with it as it should state the total charge for credit.

 

Once the account is settled and the agreement is terminated then your permission for them to process your data is also terminated. The rules are that they can only process data for a reasonable time after the account closure. That reasonable time is NOT 6 years lol.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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has this account been settled or is it still running ? if it's the latter then they most ceretainly do need the agreement.

No it is the formr, it is settled. I am just wanting to push these sods as far as I can.

 

I know the PPI is refundable it is hard printed on the agreement (maybe why they can no longer find the agreement) and the charges are also due but just wondering if the PPI was incorrectly detailed on the agreement can I chase them for the full amount of the loan.

If I have helped click my scales....

 

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Hi all

I'll agree very much with whats been said.

My son got a 100% morgage with his g/f a couple of years ago.. £175000 terreced house 2 beds, then the the morgage company very kindly gave them a £30,000 loan on the equity of the place, (i know houses down here can be exspensive but were talking SE london here) any way the pressures they were under finally put an end to that relationship and now he is back home still got loads of debt wrapped round him but we have managed so far to keep him with his head above water. It is to easy to get into debt far to easy the government dont care they are far to busy raking in massive tax profits from the banks, and boosting there pension/share porfolios(read board member) to care , anyway if you were on 60 odd grand a year plus exes would you (bit cynical that). the good guys that really used to protect Joe Public are gone, everyone now in a position of authority just seem to be feathering their own nest.

When i looked at the 2 boys 10 years ago growing up i thought it would be hard for them to own their own house/flat whatever (another indoctorinated thought) if i knew than what would have happened, now what 57 year morgages looks like the banks/MCo's have already spoken to the government about increasing retirement to 83 and thats only for a basic education.

Why is it that the Regulatory bodies DONT !

Anyway i got my own probs with a dog thats meant to bite but it would appear that its lost its dentures so i will utilise the help offered on here, and for that i am very grateful.

Anyway i had a bottle and a half red wine (i been off the drink for 5 weeks) and if this dont make any sense i dont care please accept my appologises:wink:

 

AL

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CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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firstly it will very much depend on how the total charge for credit has been calculated. Basically if you have been charged interest onm the cost of the PPI and it hasnt been included in the total charge for credit then you should have a good case.

 

the CCA can be found here Consumer Credit Act 1974

thanks for the link.:grin:

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firstly it will very much depend on how the total charge for credit has been calculated. Basically if you have been charged interest onm the cost of the PPI and it hasnt been included in the total charge for credit then you should have a good case.

 

the CCA can be found here Consumer Credit Act 1974

 

Oh i have got 2 of them also.

 

Luv it:wink:

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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The big difference lies in those 2 little words, WANT and NEED

 

This is very true.

 

I'm constantly hammering home the difference to my kids, they so easily say I "need" such-and-such and occasionally they do but 99% of the time it's want.

 

They are learning the difference.

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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firstly it will very much depend on how the total charge for credit has been calculated. Basically if you have been charged interest onm the cost of the PPI and it hasnt been included in the total charge for credit then you should have a good case.
Can you point me to the section in the CCA that covers this? thanks

 

I do also have another question. Is there a time limit on the reclaiming of PPI?

If I have helped click my scales....

 

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I hedl a cap one account untill 2003 cleared the balance and wrote to request the account closed.

 

I rang them in 2004 and asked if i could have another card account. i was sent a card and no contract by what i could find outthey just activatedmy old account.

 

I recieved 1 Contract in my SAR, and it is not dated?

 

am i right in thinking that my position warrented a newly signed agreement, and I should have 2 contracts and most definately should be dated??

 

im considering requesting the viewing of this 1 contract as its easy to transfer a signature to a form in a computer but you can't do it with dates.;)

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Can you point me to the section in the CCA that covers this? thanks

 

I do also have another question. Is there a time limit on the reclaiming of PPI?

 

If I recall correctly section 20 covers the total charge for credit. There are a number of case histories around that it would be worth reading through as well, some have links in previous posts on this thread.

 

I have no idea regarding a time limit on PPI claims, my personal view is that most PPI is like extended warranties.... worthless, so I would definitely chase the company about it regardless of time involved. At the end of the day it's an insurance and the sale of which is covered by specific rules regarding mis-selling. The much quoted phrase that springs to mind regarding insurance is customers best interest.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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I hedl a cap one account untill 2003 cleared the balance and wrote to request the account closed.

 

I rang them in 2004 and asked if i could have another card account. i was sent a card and no contract by what i could find outthey just activatedmy old account.

 

I recieved 1 Contract in my S.A.R - (Subject Access Request), and it is not dated?

 

am i right in thinking that my position warrented a newly signed agreement, and I should have 2 contracts and most definately should be dated??

 

im considering requesting the viewing of this 1 contract as its easy to transfer a signature to a form in a computer but you can't do it with dates.;)

 

Breadline,

 

I think debt_mountain has the same situation regarding restarting an agreement after the account has been settled and closed. The current opinion is that a completely new agreement is needed. Read back over this thread to get up to date on their situation.

 

My personal belief is that once an account is settled and closed then a completely new application should be completed and a new agreement and account should be issued.

 

It's just as easy to forge a date as a signature, but forgery is a criminal offence so police involvment would be advised if you can prove it. I would do a section 77/78 request for the executed agreement. To be properly executed it should have date of signature by both parties to the agreement.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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It's just as easy to forge a date as a signature, but forgery is a criminal offence so police involvment would be advised if you can prove it. I would do a section 77/78 request for the executed agreement. To be properly executed it should have date of signature by both parties to the agreement.

 

I was shocked that it was processed with no date, transferring a signature over on a computer would be easy. But not a date as the date would also need to be written by the same person.

 

I see what you are saying with Manuel re dating but not clip and paste. As They have no dates from me that they could use.

 

BL:)

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