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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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Madison10 & Barclays PPI claim


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With regards to the PPI ,The letter I posted up earlier was the response I got from BB regarding my complaints on mis-sold of PPI on the 8th of June 2012 of which I have lost my copies of the Questionaire. The SAR request I have sent a letter before action to them on the 17th of this month as a response to the FITCHE print out sent me the second time I wrote to them about non compliance with my SAR request.

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So for the PPI do as previously advised.

 

For the LBA for SAR you were a bit premature as the 40 days for compliance had not expired. When the 40 days are up then send another 14 day LBA and then you can issue after that 14 days has elapsed.

 

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it appears you p'haps put down evy reason under the sun as to why you were mis-sold?

 

or you just said, it was mis-sold without giving your reasons?

 

tht letter says bugger all.

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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That letter you posted appears to be a standard computer generated letter - my housemate recently received an identical one in response to one of her claims. In her case she had simply sent a fishing letter to them having discovered ppi, and successfully reclaimed it on another loan. Her reasons were just that she never asked for it and so if it was present it was without her knowledge.

 

I have three claims in with barclays at the moment and am due a response imminently, so will see if I get the same reply

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That's exactly the same as I was read today by Barclays. they say they have sent the letter but I have't got it, they also go onto say about the person who sold me the insurance has no other claims against them blah blah.

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As previously advised, with regard to the PPI you need to challenge their decision.

 

You have received the full history of the account with the SAR response. T&Cs would not normally come with a SAR and you don't need them anyway.

 

In this case you don't need the agreement either because the statements detail everything you need to be able to calculate what you are due back.

 

While the ICO suggests it would be good practice to supply a copy of the agreement with a SAR there is no requirement to do so.

 

If there are other items that you still want from the SAR then you need to press them for it but for the PPI claim you appear to have all you need.

 

Have a read of No.1 in my signature and use the spreadsheets at the end to work out what you are due back.

 

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dx100uk,

 

I told them that I did not ask for the PPI nor was I given any reasons about the cost,benefit and lenght of the PPI. I also added that I was not informed about it being optional. Incidentally this afternoon before leaving home I got a 274 Fiche statements of all my account with BB from their Customer Service department!!. I have not spoken to Customer Service department about any need for my statements,its only the Data Protection Department that I sent a SAR to. Now Guys please read thru the stuff I have sent and advice on how to deal with this. Thanks.

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With respect, I don't think you are reading the replies you are getting.

 

It would seem now that the SAR has been fulfilled and unless you know of anything specific that is now missing that part is resolved.

 

You have already been advised on challenging the PPI decision and pointed in the direction of how to calculate what you are due back.

 

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Exactly so you write back and demand to know what steps they actually took with the investigation, why they have sent you what appears to be a generic letter rather than one specific to your claim.

 

You then go on to reiterate your mis-selling points.

 

For example, telling you that the sales rep has had no complaints made against them is not a valid reason for not upholding a complaint....it is irrelevant.

 

Also mention that you believe that the sales process was driven by a commission culture and therefore was not being conducted in the best interest of the customer but purely for financial reward.

 

Also I would bet that the true cost of the policy was not explained to you...all the things like that will add weight to your argument.

 

That is what I mean about sitting down and compiling a point by point challenge.

 

That way not only do you challenge them that their response gives no reasons for the their decision but it also gives more emphasis to your complaint and lets them know that you are not going away.

 

If you end up having to pass it to fos it will show them that you have exhausted all means to get the lender to behave in accordance with the FSA guidelines on dealing with mis-selling complaints.

Edited by ims21

 

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Here comes the draft of my reply to B

Having read through your letter it appears to be a generic one rather than one specific to my claim. I would like to know what specific steps you actually took in investigating my claim.

You have not provided any evidence that the policy was suitable for me when it was sold to me.

You have not provided any evidence that I do not have any savings /other insurance product that could cover me in case of sickness or illness when the policy was sold to me

You have not provided any evidence to the contrary that my employer would not cover me if I was ill or sick during the cause of the loan period.

Also you have not furnished me with any evidence that your sales representative actually told me that the policy was optional.

You have failed to furnished me with any evidence that your sales representative explained the benefits if any accruable to me from buying the policy.

You have failed to furnished me with any evidence that in actual fact I was not misled into buying this policy by your sales representative

You have failed to provide any evidence that the price and actual cost of the policy was explained to me in good time before the sale was concluded and in a clear way, that was fair and not misleading by your sales representative.

Please furnish me with the evidence that shows that your sales representative made me aware of the Rule of 78 that you referred to

Also provide evidence that your sales representative actually explained to me that the cost of the policy may exceed the benefits-the total cost of the policy would exceed the benefits payable under the policy and my and my agreeing to it.

Let me also state that you have failed to take heed of DISP APP .3.2.7 in the FSA handbook in dealing with my complaints

You stated inter alia in your letter “Sales statistics and complaint records associated with the person who sold your policy” is a valid reason for not upholding my complaints. Let me state that I believe that the sales process of PPI was driven by a commission culture and therefore was not conducted in the best interest of customers but purely for financial reward. This is part of the reasons why Banks have been severely fined by the FSA and Barclays Bank is not an exception

From all I have enumerated above I would urge you to revisit my complaint and refund all accruable sums due to me with the interest up to date.

Yours Sincerely.

B.

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Here comes the draft of my reply to B

Having read through your letter it appears to be a generic one rather than one specific to my claim. I would like to know what specific steps you actually took in investigating my claim.

You have not provided any evidence that the policy was suitable for me when it was sold to me. How did you arrive at that conclusion

You have not provided any evidence that I do not have any savings /other insurance product that could cover me in case of sickness or illness when the policy was sold to me As you do not have access to my financial affairs you cannot possible come to that conclusion

You have not provided any evidence to the contrary that my employer would not cover me if I was ill or sick during the cause of the loan period. And as you do not have access to that information you cannot possible arrive at the conclusion you claim

Also you have not furnished me with any evidence that your sales representative actually told me that the policy was optional.

You have failed to furnished me with any evidence that your sales representative explained the benefits if any accruable to me from buying the policy.

If this is based on the "sales manual" in force at the time then that is not in itself a sound reason as per the FSA guidelines

You have failed to furnished me with any evidence that in actual fact I was not misled into buying this policy by your sales representative

You have failed to provide any evidence that the price and actual cost of the policy was explained to me in good time before the sale was concluded and in a clear way, that was fair and not misleading by your sales representative.

Please furnish me with the evidence that shows that your sales representative made me aware of the Rule of 78 that you referred to

Also provide evidence that your sales representative actually explained to me that the cost of the policy may exceed the benefits-the total cost of the policy would exceed the benefits payable under the policy and my and my agreeing to it.

Let me also state that you have failed to take heed of DISP APP .3.2.7 in the FSA handbook in dealing with my complaints

You stated inter alia in your letter “Sales statistics and complaint records associated with the person who sold your policy” is a valid reason for not upholding my complaints. Let me state that I believe that the sales process of PPI was driven by a commission culture and therefore was not conducted in the best interest of customers but purely for financial reward. This is part of the reasons why Banks have been severely fined by the FSA and Barclays Bank is not an exception

From all I have enumerated above I would urge you to revisit my complaint and refund all accruable sums due to me with the interest up to date.

Yours Sincerely.

B.

 

observations in red above

 

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Here is the amended version.

Having read through your letter it appears to be a generic one rather than one specific to my claim. I would like to know what specific steps you actually took in investigating my claim.

You have not provided any evidence that the policy was suitable for me when it was sold to me, so please explain to me how you arrive at that conclusion.

You have not provided any evidence that I do not have any savings /other insurance product that could cover me in case of sickness or illness when the policy was sold to me as you do not have access to my financial affairs you can not possibly come to that conclusion.

You have not provided any evidence to the contrary that my employer would not cover me if I was ill or sick during the cause of the loan period and as you do not have access to that information you can not possibly arrive at the conclusion you claim.

Also you have not furnished me with any evidence that your sales representative actually told me that the policy was optional. If your conclusion is based on the “sales manual” in force at that time then that is not in itself a sound and plausible reason as per the FSA guidelines.

You have failed to furnished me with any evidence that your sales representative explained the benefits if any accruable to me from buying the policy.

You have failed to furnished me with any evidence that in actual fact I was not misled into buying this policy by your sales representative

You have failed to provide any evidence that the price and actual cost of the policy was explained to me in good time before the sale was concluded and in a clear way, that was fair and not misleading by your sales representative.

Please furnish me with the evidence that shows that your sales representative made me aware of the Rule of 78 that you referred to.

In dealing with my complaint I observed that you have not taken note of DIPP APP 3.2.2 of the FSA handbook.

Also provide evidence that your sales representative actually explained to me that the cost of the policy may exceed the benefits-the total cost of the policy would exceed the benefits payable under the policy and my and my agreeing to it.

Let me also state that you have failed to take heed of DISP APP .3.2.7 in the FSA handbook in dealing with my complaints

You stated inter alia in your letter “Sales statistics and complaint records associated with the person who sold your policy” is a valid reason for not upholding my complaints. Let me state that I believe that the sales process of PPI was driven by a commission culture and therefore was not conducted in the best interest of customers but purely for financial reward. This is part of the reasons why Banks have been severely fined by the FSA and Barclays Bank is not an exception

Finally let me also state that you have failed to take cognisance of DISP APP 3.3.4 of the FSA handbook in dealing with my complaint.

From all I have enumerated above I would urge you to revisit my complaint and refund all accruable sums due to me with the interest up to date and behave in accordance with the FSA guidelines on dealing with mis-selling complaints.

Yours Sincerely.

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ims21, please have a look at the statements I have posted and if possible help with the spread sheet calculations as the office computer is blocked from accessing your signature to get how to do it properly. Thanks for your help.

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Letter looks OK and add a final confirmatory note saying that you did not request PPI (as per an earlier post of yours)

 

Spreadsheet is this one

 

StatIntSheet v101.xls

 

The linked thread in my signature is here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?318646-PPI-Single-Premium-Your-questions-answered

 

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so have you got the three agreements then?

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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Hello Guys,

I have used the spreadsheet to calculate the SOC but got stuck on the 2000 and 2001 Loans where BB claimed they game a rebate on the Insurance.Pompeyfaith and Alanlanla and and other Cagger if you are reading can you please look at the statements already posted and help with the calculations or would you want me to post what I have done and fill min the gap for me. Thanks.

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