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    • Sorry I didn’t think to come and update this.    So the outcome was that he went to court. Apparently the judge told the landlord off for not sending a letter before action but did nothing about it. He didn’t accept all the damages the landlord claimed, and told him off for accusing my friend of deliberately and maliciously damaging anything, and he awarded him small amounts of the damages he claimed for. The landlord had also made an awful lot of things up that never existed and accused my friend of stealing them, and the judge didn’t accept any of those claims.   However, I’m back asking advice now. So he made an offer of payment via the court forms, sometime before Christmas and straight after the hearing. The landlord didn’t reply so the court accepted the payments.  My friend has been paying the £10 a month each month. Then a couple of days ago he had received a letter from court with a hearing date in a couple of weeks, and a very irate letter from the landlord saying that my friend has consistently lied and that nothing he says should be believed, and that he wants the bailiffs to be called on him and that he absolutely refuses the payment plan. The letter is marked as received by the courts in December and this is the first that’s been sent since then. My friend and his wife are now panicked, what does this mean? And can they now get bailiffs sent round? He earns an ok wage, which somehow the landlord has referred to in his letter, but he equally has a lot of expenditure and can’t afford to pay any more. What will happen at this hearing and can they send out the bailiffs just because the landlord wants them to?    I have no clue what to advise him, can you help at all please?
    • Thanks Bank – I took your cynicism / experience on board and responded thus: Thank you for your response Mr Schnur  I set out my position quite clearly in my letter of claim and nothing has changed. Your insurance requirement is unlawful and is contrary to section 57 of the Consumer Rights Act, and also section 72 of the same statute. I would also refer you to the outcomes in PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729).  My deadline for action - 1 May 2024 - still stands.
    • The other thing is that you are making a big mistake imagining that they are at all concerned about wasting court costs et cetera. They are only concerned about being obstructive and discouraging others.  
    • I have dad's last will from 2019 which mentions the trust. I am in the process of going through probate as the only thing that needs probate is a couple of shares he has (under £3000).  Speaking to my brother and my dad's wife they wouldn't mind going with another solicitor if we need to pay extra for the trust.   
    • That's fine. My taste is for something rather more brusque and that he won't forget – but it's your letter
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Banks lobby to curtail PPI claims


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Banks In Secret PPI Lobbying Push

 

As the cost of the mis-selling scandal continues to rise, the UK's biggest banks strive to limit their total bill.

 

Britain’s banks have embarked on a secret lobbying drive to curtail the soaring cost of the payment protection insurance (PPI) mis-selling scandal.

 

The effort to limit the industry’s bill comes as the tab for the four biggest high street banks (Barclays, HSBC, Lloyds Banking Group and Royal Bank of Scotland) last week passed £10bn following a rush of new claims submitted in the third quarter of the year.

 

The British Bankers’ Association (BBA) is now in talks with the City regulator to urge it to declare that the point at which consumer awareness of PPI mis-selling is widely-known has now legally been reached.

 

Under existing rules, customers have six years from the date on which they were sold a PPI policy to complain that it was mis-sold; however, they are also allowed to submit a claim three years after the point at which they say they became aware they were mis-sold to, even if that date is after the end of the six-year period.

 

The BBA is now arguing that because publicity about PPI mis-selling has been so widespread in the media and an advertising blitz orchestrated by claims management companies (CMCs), the Financial Services Authority (FSA) should now declare that the ‘point of knowledge’ has been passed.

 

 

http://news.sky.com/story/1008736/banks-in-secret-ppi-lobbying-push

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Absolutely outrageous and words nearly fail me (apart from many that I couldn't put on open forum).

 

Not only have the banks done millions of people over on bank charges and got away with it (and continue to do so), they are now suggesting that their damage should be limited on the PPI scandal.

 

This is despite the fact that they deliberately and systematically striped up millions of innocent people for billions of pounds and now they have been found out do not want to pay it back.

 

What a crying shame that it has cost them in excess of £10 Billion up to now. I hope it costs them much, much more.

 

In any other walk of life this deliberate and systematic activity would have fallen into a bracket where possible criminal charges could have been considered.

 

Hopefully the FSA will remain strong in their stance on this and continue to allow the innocent victims to reclaim their money for this scandal.

 

Looking forward to the banks reaching £20 Billion in redress payments and far beyond that.

 

They fully deserve whatever the final bill is and the derision of the general public.

  • Haha 1

 

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I guess we shouldnt be surprised at this. I too hope the FSA stand firm and dont allow the banks to dictate when they should stop paying for their greed.. !

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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urm i didn't think there was any time limit?

 

when you became aware?

 

i thought the 3yrs thing was IF they write any tell you about you have ppi to reclaim was it not?

 

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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Now the banks are saying, "oh dear, we can't afford to pay back all the money we took from our customers, let's just pretend it didn't ?"

 

Just for credit cards, given that there are 400,000 school leavers each year, the PPI [problem] has been going on for 20+ years, and each claimant gets back on average £2500, then that works out to £20 billion. Loans and mortgages could double that.

Edited by MSAR
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  • 2 weeks later...

Many banks put in a notice in one of their monthly statements at some time or other, saying that "if you have PPI on your account, you might have been mis-sold, and should complain if you felt you were mis-sold". But if any customer didn't believe that you did have PPI on you account, then they wouldn't have done anything.

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As i understood it, The banks were supposed to be contacting everyone, regarding mis-sold payment protection insurance! So looks like that is not going to happen! i am still waiting for them to follow up that announcement!

 

 

That was my understanding as well. I think I might have a search for the FSA instruction on that..

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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t'was a case of the banks 'should' make a reasonable effort to advise customers

 

however there was no must, nor thats any customer they had no details of should be made aware.

 

there is actually a downside

 

IF they write to you

 

you only have 3yrs.

 

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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Share on other sites

Is it worth writing to your bank now stating you will be making a claim for mis-sold PPI and thus registering your intention should they get their own way???

 

Am sure many customers may have moved on and so many letter might not have been received.

 

I am already doing so. Back in January 2003, her indoors expressed her greatest displeasure about finding dozens of PPI charges while I was working away from home. She thought they were something I was paying for (like hotel internet, Oyster cards). Cancelled the PPI and sent in a claim. They refused to give back the money then..

 

Now trying with the Financial Ombudsman.

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http://www.guardian.co.uk/money/2012/mar/06/ppi-misselling-banks-write-customers

 

Here you go...

 

The FSA has issued guidelines on what the letters must include, and is now consulting on these with banks.

 

The guidance states that the letters should be clear and fair, and free from financial jargon and marketing material. They must:

 

• make it clear that the letter contains important information and should be read carefully;

• say that the customer may have been mis-sold insurance and outline the specific failings that lead the firm to believe this may be the case;

• say that the customer may have suffered a financial loss and could be entitled to redress;

 

• make it clear that the letter requires careful and immediate consideration and there is a time limit for making a complaint.

 

This article was dated March 2012 so they have until March 2013 to issue these letters. One assumes that the final highlighted section starts to apply and they have 3 years (or advised time limit) from the date of receipt of the letter to make their claim.

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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