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


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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

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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... 

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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

 

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  • 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... 

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  • 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

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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... 

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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

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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... 

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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... 

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  • 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

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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

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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

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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

 

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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
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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

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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

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