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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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Sainsbury,s Bank PPI reclaim for OH *** SUCCESS ***


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About to start this having sorted out other family debts with help of CAG. Have printed off fos consumer questionnaire.

 

Have some details of three loans taken about around March to Nov 2004 (more six years ago). Some loans used to pay off other Sainsbury's Bank loans, all with "Creditcare Silver" insurance , which looks like a single premium insurance.

 

One account have Credit agreement ( March 2004) for two different amounts - think might have increased loan amount as dates one day after the other. A second taken out 3 months later - June 04 , OH thinks part to pay off previous loan. Have this CA

 

Finally 5 months later a final loan dated Nov 2004, no CA, to pay off part of previous loan and balance as cash advance. Paid this off early in 2010 from proceeds of downsizing. Not sure if this had PPI on.

 

Is it worth sending off the questionnaire to start the process off or is it best to send a SAR to get complete picture and do own claculations and then claim??

 

Intend

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If it were me I would SAR them first.

 

I'm the type that likes to have all information to hand before doing anything. Admittedly it puts the claim back a wee while but it's just the way I prefer it.

 

There is nothing to stop you getting the ball rolling and then doing some calcs based on the SAR data you receive at a later date to check any offer they may make.

 

One thing worth mentioning is that of you do some calculations and send them with the claim it may cut down on the lender's "wriggle room" to try and fob you off because it shows that you have done some work on it and know something about the matter.

  • Confused 1

 

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Cheers ims21 - deep down think I knew his would be the way forward. Hoping the fact it is over 6 years does not muddy the water.

 

Have already downloaded the SAR letter to work on in the morning and have an address for the data controller. . Is there anything specific I should mention apart from the three account numbers?

 

Cheers for quick reply

 

Intend

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In the SAR?

 

I would always add a line that says that it is to include copies of any and all agreements you have ever had with them.

 

Reason being that although they are not required to supply copies with a SAR, the fact that you specifically mention them may give a result on that front.

 

Other than that it is an all encompassing SAR that you want, i.e. every bit of data on any account so you might like to say that the SAR is not restricted to the accounts you mention but refers to all of your dealings with them for any and all accounts.

 

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Last minute thought (very rare in our house) but might if be worthwhile sending a CCA request for the third account as this is the one we are unsure has PPI on it. Ak this as have seen in the debt forum that with a SAR they often do not send agreements.

 

Also seen some don't send agreements when account closed

 

Cheers in advance

 

Intend

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If there are no sums due under an agreement then there is no requirement for them to provide anything under a S77/78 request.

 

You could try but I would reckon they will come back with a "bog off" to a CCA request.

 

A SAR may reveal the interesting stuff though.

 

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Cheers for that.

 

Just done some reading of single premium pp1 - very interesting - for the early loans have worked out monthly PPI rate was in excess of 20% - same figure to 2 decimal places on all three amounts. Defo made OH more determined. Loans were consolidated to more complex as you state. Will read again.

 

Which spreadsheet will I need to use - had multiple loans which I think were rolled over??

 

Intend

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Acknowledgement from Sainsbury's Bank - stating information will be sent on or before 31/12/12 - inside the 40 days - so now preparing info and claim -

 

Did note - letter footer states HBOS and return address on envelope was my good old friends Llyods. So take it Sainsburys used them. I did read LTSB were allowed extra time to process claims - does this apply in this case??

 

Will keep you all posted.

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  • 2 weeks later...

Did some digging around for old bank statements for OH - was a business account so kept them for tax purposes - found them going back to April 02.

 

Had loan payments at that date, right to when we paid off loan, so have definite payments which cannot be questioned. Looks like we had three loans.

 

no record of first loan, but early statements refered to Capital Bank switching to Sainsbury's Bank in November 02. Second loan have agreement with definite mis-selling of PPI, final loan, no copy yet, was paid off after 1 year.

 

About to get head round spreadsheets.

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Looked at spreadsheets - in K7 Monthly Payment of PPI - do you enter the total of all the months of PPI paid or just a single month??

 

No you don't enter anything in K7...it is a calculated cell.

 

Read the "Notes" tab in the spreadsheet....tells you how to fill the sheet in.

 

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  • 4 weeks later...

EDiIT please ignore just re-read advice and spotted my error - apologies - would delete whole post if I knew how. Should have guessed I would be wrong.

 

 

managed to reconstruct loans and ppi info from SAR despite it not having all info. think it is sufficient to complete spreadsheet.

 

I do have query on spreadsheet calculations having read ims21' excellent thread - a must for all.

 

Have calculated % of monthly payment for first loan using formula PPI premium/loan amount + ppi premuin)X100 as per Post 4 in CB thread, eg 1500/6000+1500)X 100 = 20%. So far so good.

 

Using Post 5 - Loan consolidated after 3 and 1/2 years - used loan progression sheet to calculate balance of about £2500. Appllied ppi so for this example would give £500 PPI rolled over into Loan 2. so far so good

 

Now my problem - post states "The percentage of loan 1 PPI included in loan 2 is given by £116.25/£5,000 x 100 = 2.33%. So for every repayment you make on loan 2, a sum equivalent to 2.33% of it relates to PPI on loan 1." So can calculate Loan 2 for £5000 so (500/5000)X100 = 10%. Can I ask why Loan 2 PPI not included in denominator??

 

Second problem comes from formula used to calculate second loan PPI percentage. Post 5 states "Now we also now that of the £5,000 for loan 2, that included a PPI premium of £600, so loan 2 PPI percentage is £600/£5,000 x 100 = 12%. That means that for every repayment we make on loan 2, an amount of 2.33% of it is going to loan 1 PPI rolled over and an amount of 12% of it is paying the PPI on loan 2. My problem is that to calculate loan 2 PPI % this time you do not include the PPI premuin in the denominator whereas on calculation for Loan 1 we did include this??

 

Hope this makes sense or I have gone number blind.

 

Cheers Intend

Edited by intend
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