Jump to content


  • Tweets

  • Posts

    • Hello, I have an old Capital One credit card debt under £1500 for which I've been paying £1 a month for 5+ years. I did a CCA request to Lowell and received the original signed CA plus statements from date of inception to the end of 2019. I can see from the statements that no payments were credited to the account for all of 2019. I know payments were made as they were part of my DMP with Payplan. At the time the account was with Fredrickson.  They have not provided any statements from 2020 to present and I am writing to them to request these. So I'm sure the balance they are pursuing is incorrect - can I dispute the debt amount based on this and render it unenforceable? I've trawled the forums and Google searched but can't find an answer, so apologies if it's been asked before. Any input most appreciated, thank you :-)  
    • Thank you for your comments everyone. I have spoken to Ico about recording my phone calls for my personal use and also mentioned it to a law firm they said i was ok as long as it was not shared and for my personal use. I would never share it. I can easy prove i need to record on disability grounds.. I normally make videos how i am to document my conditions and how i am affected. I have in the past obtained a phone call to doctors to reception by GDPR. Normally I have my partner with me now. The only way i found is to have a advocate with me. even with my partner with me a trainee gp seen a short video and said in front of my partner “are they voluntary or involuntary”   
    • LOL LOL ‘Stormy weather’: Biden skewers Trump at White House correspondents’ dinner | US elections 2024 | The Guardian WWW.THEGUARDIAN.COM US president made fun of Republican frontrunner’s legal woes while critics of his handling of Gaza war protested outside  
    • LOL   Inside the Home Office Rwanda revolt as officials run from Sunak’s ‘s**t show’ INEWS.CO.UK 'This law is unworkable, not just inhumane'. Insiders say there is 'a lot of discontent' in the Department over the scheme   
    • wonder if sunak will revoke/deny their passports when they get there? Then announce that deportations to Rwanda have started ..
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

PPI, RBOS & Loan Statute barred ** TOTAL WIN **


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4342 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

From the age of 20 I was a customer of RBOS and took out various lonas with them always with PPI

 

In 2004 due to being off sick in the August I applied for them to take over the payment of the loan as i was going to be off work for some time.

They denied the claim as I was still on full company pay at the time, my entitlement was 6 months full and 6 months half pay.

 

After a further 3 months on sick leave I decided that going back to work would be detrimental for my health and I resigned in late December

I continued to make payments until December

 

I started a new job in January 2005 and spoke to RBOS about sorting out my loan as my new salary was considerably lower than my previous one.

Their solution was to take a further £1000 and extend the period to 7 years which i agreed to.

They then turned round and said I had been refused the loan.

 

At this point I could not afford to pay the old amounts and therfore stopped paying.

 

They eventually took me to court and got an open decree but took no action to enforce this.

 

I made no further payments throughtout 2005 and now consider the loan to be statute barred

but if I send a letter to RBOS as per the SAR template how far back do they have to go

ie do they have to go right back to my initial loan in approximately 2006,

i was with the same company bank then with the same sick leave entitlement.

 

Also would they be entitled to deduct anything to cover the loan that is staute barred

 

Thanks in anticipation

Link to post
Share on other sites

  • Replies 65
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

nope all yours

you are ni for a large windfall.

 

sar them

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

In your SAR you should ask for ALL and ANY information to do with ALL and ANY accounts you have had with them together with ALL and ANY information in relation to your entire dealings with them.

 

That should cover it.

 

ims

 

Link to post
Share on other sites

  • 2 weeks later...
A seperate SAR will be needed in my opinion. some expert might second me on this.

third lot of crass advise

 

get reading up before you scupper too many users chances of a reclaim or waste them money.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 2 weeks later...
  • 2 weeks later...

Received a reply dated 16th February

"We acknowledge receipt of your letter requesting details of the personal information we hold about you and payment of the required fee. Before we are able to proceed with your request we need the following

 

- Your signed authority to proceed. We have a duty to ensure that we only release personal information to the correct person. Unfortunately you did not sign the request that you sent to us and we therefore need sight of your original signature so that we can verify your identidty. Please therefore sign and return the enclosed pro forma.

Please note that when we have received the enclosed pro-forma we will need to verify your identity before we can release any information to you. If your signature does not match the signature contained in our records we may need to return to you for further proof of your identity.

 

When we receive your response we will proceed with your request. "

 

As we are now nearing the 40 days they have to respond I am assuming this is a stalling tactic but I am also assuming from reading other threads that they must still respond within the 40 days and can not extend it for a further 40 days.

 

2 questions

Is it ok for me to sign the form and return & secondly to pre-empt their further stalling tactics should i enclose further prrof of my identity eg a photo copy of my passport or driving licence

Link to post
Share on other sites

i would you've nowt to lose

but lots to gain.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Sent off the signed form and a photcopy of my passport to establish who i am and to avoid them having an excuse to stall anymore

I also reminded them that the 40 day limit is nearing and that I would not accept any further delays

 

What can I do if they do not respond within the 40 days

Link to post
Share on other sites

you issue the failure to comply notice

then off to court for failure to comply

 

you'll not need to though.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

lets see

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 3 weeks later...

Royal Mail reported that they had failed to deliver my original signature and copy of passport so I sent a 2nd one Special Delivery.

This was delivered on Monday I phoned on Wednesday to enquire when I could reasonably expect to get the information I had requested and was told that they had 40 days from date they had received my signature. I countered that if they has responded and asked for the signature before 36 days then they might have been able to progress my request quicker

I pointed out that this had the appearance of stalling and I would not be reporting them for this delaying tacticm

At this point the .guy said he would go look in my file and see if the letter was there. He came back to report that in actual fact my original letter had been received and therefore from their point of view this was day 14 and he would therefore prioritise my request

He offered to send me out a spreadsheet detailing my loans(i like the fact that this was plural as it could relate to older loans) and the amount of PPI on them

I asked about Mint Credit Card, Direct Line Loan and RBS Credit Card and he said that they were dealt with by different departments but he would forward the requests now I had asked

Hopefully this wont take too long and I should see some information shortly

Link to post
Share on other sites

Have received a spreadsheet from RBS giving the details of my loans going back to 1997. I have calculated the figures using the spreadsheet in the sticky notes at the top but would be grateful if someone could check my figures and see if I am right

They are as follows

App Date Amount Date Closed PPI My Calc

7/8/97 11700 11/2/98 1518 3297.67

10/2/98 11000 26/2/01 1673 3565.56

4/2/00 6200 5/4/01 771 1520.38

16/3/01 15000 2/4/02 2552 4804.50

22/3/02 25000 16/11/11 5667 10206.38

 

Giving a grand total due of £23394.50 which would be awesome if correct

 

Thanks in anticipation

Link to post
Share on other sites

I will try and find someone who can help on this.

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

1: How can BCOBS protect you from your Banks unfair treatment

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

Link to post
Share on other sites

Hi

 

Dropping in as requested by CB

 

Something wrong there methinks.

 

Have a read of No.1 in my signature and use the spreadsheet at the end (StatIntSheetV101) to work out the claim amount.

 

If you are still stuck when you have had a go, shout here and I'll be happy to help you get to the right figures.

 

ims

 

Link to post
Share on other sites

I used the spreadsheet as suggested and come up with same answers so I must be doing something wrong. I have attached the figures i got from bank plus the spreadsheet calcs I made for each loan

 

ppi0001.pdf

 

PPI Loan 1.xls

 

PPI Loan 2.xls

 

PPI Loan 3.xls

 

PPI Loan 4.xls

 

Personal information removed :)

Edited by citizenB
Link to post
Share on other sites

Where to start.. agghh you have left loads of personal information on the first attachment at least.. Account numbers, sort codes and your name. I have unnapproved the post and will remove that information for you and then reopen the post.

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

1: How can BCOBS protect you from your Banks unfair treatment

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

Link to post
Share on other sites

Ok, personal information removed from attachments and visible again :)

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

1: How can BCOBS protect you from your Banks unfair treatment

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...