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    • Hi,   Having had a PM exchange with Shamrocker (thank you) I've been advised to upload the General Order/Judgement that was sent to me at the end of September.  Can someone (possibly Andy) clarify that I need to complete a WS for my "side of the bargain".   Obviously, I have just received and uploaded the claimant's WS so I suspect I do, but the actual order was "vague".    Many thanks B   General Order & Direction Oct19.pdf
    • Hmm, so.. basically have to rely on the default notice not containing all that it should and the claimant misleading the court for the reason for the application.. and judge lottery : /
    • Which would require a hearing....so the fee would be £255.00
    • When providing a copy of an executed agreement in response to a request under section 78(1) of the Act:   a.     must a creditor provide a photocopy (or other form of complete copy) of the original agreement that was signed by the debtor or at least provide a copy which is derived directly from the original agreement or complete copy thereof? or b.     can a creditor provide a document which is a reconstitution of the original agreement which may be from sources other than the actual signed agreement itself?   It was held that a creditor can satisfy its duty under section 78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself.   The judge accepted that as a matter of law, section 78 does not itself require any particular explanation as to how the copy was made. However, as a matter of good practice and so as not to mislead the debtor, it is desirable that the creditor should explain that it is providing a reconstituted as opposed to a physical copy of the executed agreement. This will also explain why the copy might otherwise look a little odd. The creditor can also explain in the letter that this procedure is satisfactory under the Act. The judge also provided that the following information needs to be included in the reconstituted copy agreement (assuming of course that it was present in the original):   1.     Heading: Credit Agreement regulated by the Consumer Credit Act 1974 2.     Name and address of the debtor 3.     Name and address of the creditor 4.     Cancellation clause applicable to the executed agreement.   All of the above may be provided on a sheet which is separate from the full statement of terms and conditions which also forms part of the reconstituted agreement. The creditor may, however, decide to reconstitute the agreement in a different way so that, for example, the information above is populated electronically onto the same sheet as that which sets out the terms and conditions, or some of them. The judge stated that he did not intend to prescribe the precise form of the reconstituted agreement. The key point is what information it should contain, subject to the point that its format should not be such as to mislead the debtor as to what he agreed to.   The judge also considered whether a statement like the one appearing in the reconstructed application form in Carey referring to the agreement to the terms and conditions "attached" needs to be included in the reconstituted copy. Alternatively if the application form had said "I agree to the terms overleaf", should that statement be included. The judge held that this aspect of the form is not necessary for the purpose of the section 78 copy, although there is nothing to stop a bank from putting it in or indeed from furnishing a copy of the type of application form or signature page that the debtor would have signed, as some banks have done. The statement referring to terms and conditions is not itself prescribed information and the supply of the terms and conditions which were applicable at the time will tell the debtor what he needs to know in terms of the content of what he signed up to, including the presence (or otherwise) of the prescribed terms.   In practical terms what this is likely to mean is that if the creditor chooses to use as the section 78 copy the section 63 copy, which would have been provided to that particular debtor at the time following execution of the agreement, this will be sufficient provided that the information referred to above is supplied. This exercise is not a mere formality. The creditor will need to check carefully that the details of the debtor at the time are correct and that those are the particular terms (including prescribed terms) that he/she agreed to. This is to ensure that it is an honest and accurate copy.   Must a creditor provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 (Regulations) as to form, as at the date the agreement was made in order to comply with section 78?   A creditor need not, in complying with section 78, provide a document which would comply (if signed) with the requirements of the Regulations as to form, as at the date the agreement was made.   Must the copy provided under section 78 include the debtor's name and address as at the date when the agreement was made, and if so in what form? The section 78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself.     If an agreement has been varied by the creditor under a unilateral power of variation, is a copy of the executed agreement as varied, a sufficient copy for the purposes of section 78(1), or must the creditor provide a copy of the original agreement as well?   If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms.     As your agreement is post April 2007  Section 61(1)(a) and 127(3)   Consumer Credit Act 1974 would not apply.   Andy
    • well start a new thread for the court claim.   as for this one i'd await the letter of claim  
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tedney

Santander/GE Store Card PPI **WON from Genworth**

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If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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Thank you

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Anyone have any links to threads on reclaiming PPI from Santander/GE store card taken out in 199x please? I have a read a few posts where the responses from Santander have been negative, but cannot find any ongoing cases or helpful information. Thanks t

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MSAR thanks for that help, I have clicked your star! Regards t

Edited by tedney
typo

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Helping a friend with an old finance agreement.

 

On checking his CRA file, he found that an old, paid up agreement was reported as being in credit!

Last update on the CRA file was around 5 years ago.

 

He SAR'd S and got a statement which shows agreement was paid up,

PPI cancelled (I know:oops:) and the regular payments were stopped,

and the account showed a credit balance.

 

The statement also shows two entries six months after the loan was paid off,

 

one for a "refund" which he says he did not get,

and one for a "payment" which is recorded on the accounts history as "sent refund for O/S credit" which he also did not receive.

 

These two entries unsurprisingly bring the account to zero!

 

There are many charges to claim back too, for "unpaid payments",

some of which my friend paid for separately as detailed on the statement,

and some credited by S, but there was also a net increase which was paid when the account was paid up.

 

My question is

 

What would be the best way to calculate the interest due on the charges?

 

Most, but not all, of the returned payments attracted a £45.00 charge.

 

The total charges amount to £220.00

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Hello again!

After much toing and froing on this, I now am in the following situation.

 

The account has been closed.

 

I have a "total PPI premiums paid" figure from Santander, and most, but not all copy statements

showing the dates of premiums paid.

 

However, I do not have all dates, as S refused to supply older stats, even after issuing claim for non compliance with SAR.

 

I now want to issue court claim for PPI payments.

 

My questions are:

How do I calculate interest due for payments made prior to July 2004,

I have a total, should I average out from account start date to date S provided, and what rate of interest please?

 

I understand (I think!) that restitutional interest can only be claimed while account is "live" Is this correct please?

 

Given that restitutional interest will be claimed until account closed,

how do I calculate interest from date account closed until issuing claim please?

Any advice welcome, especially guidance as to which spreadsheets to use for what.

 

Thanks. t

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you can use any avg of the interest rate

and and an avg of the ppipayments for those you do not know.

 

use the CISHEET, claim to when the account closes

 

then put that figure into the stat int sheet from the day

it closed unrtil the date of your claim.

 

list every ppi payment on the cisheet with a date

 

monthly

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-201


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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you can use any avg of the interest rate

and and an avg of the ppipayments for those you do not know.

 

use the CISHEET, claim to when the account closes

 

then put that figure into the stat int sheet from the day

it closed unrtil the date of your claim.

 

list every ppi payment on the cisheet with a date

 

monthly

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-201

OK thanks for that, I will fill out later and advise on progress. Thanks again. t

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OK, have compleetd both spreadsheets,

just wanted to check,

last PPI premium was charged in June 2011,

but account interest was still added monthly until October 2011,

account was closed in May 2012.

 

I have used May 2012 as last date for compound interest. Is this correct, or should I use October 2011?

 

Also APR not clear on application form, I have used 29.9%. The monthly rate is clear at 2.21%, but I don't know how to convert this to APR.

 

Monthly premiums vary, but never more than £7.00 and most lower,

 

Compound interest works out to around £6,700.00 from 1996, would this seem logical?

Thanks t

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http://www.stoozing.com/calculator/apr-rate-converter.php

 

stop you spready when CI stops then.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Bump, On further checking charges for unpaid DD's were added, and then paid, either by DD or by debit card.

 

When reclaiming, is just a case of adding interest as, say, for PPI/charges,

just ignoring whether they have been paid or not.

Can't seem to get my head around this

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I have looked on the ConsumerWiki, and found this:

Can I claim back for more than 6 years?

A. Maybe. There is a separate thread on this in this forum. The statue of limitations states that you can only go back 6 years. However, it also states that if you have had the truth held from you resulting in your not making a claim earlier, that you can claim from the date that you became aware. If you are unsure, you should only claim for 6 years.

I could not find the seperate thread. Does anyone have a link please?

Thanks t

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Anyone got a contact name "up the ladder" such as a manager or director for Santander Consumer Finance please?

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Hello,

 

I have a thread on this here:http://www.consumeractiongroup.co.uk/forum/showthread.php?392747-Consumer-Finance

Following receipt of SAR details, it is clear that there are some "strange" entries on the CRA report, and S. have not provided correct up date info on the account history. Neither have they paid any refunds.

 

An CRA report in January 2013, showed the account was in credit, so monies owed to the debtor from the creditor.

The report showed details last updated February 2008, last three status entries all credits for same amount.

 

SAR info in May gave history to June 2008, with refunds and credits recorded, but have not been received by debtor.

No entries after June 2008.

 

CRA report obtained in June 2013, now shows last update (surprise!) as May 2013,

account settled in June 2010 (this was not included in SAR history) and account balance now at zero,

with last three entries now 1 at zero and 2 and 3 with credit entries!!

 

The creditor has not communicated at all with the debtor.

 

Any thoughts on what is the best way to proceed please?

 

Lacking in SAR info, incorrect entries on CRA report,

 

No refunds received.:???:

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was this a loan?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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9/10 you have to goto court

 

however, have a look at shelley threads

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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have a look at shelley threads

 

dx

Thanks, have tried search for shelley on here but "no results" am I missing something please?

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was this a loan?

 

dx

Yes, started November 2004, last payment November 2007

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unless you can prove they added interest at the loan rate to the PENALTY charges

 

the statint sheet would be the one to use

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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  • Confused 1

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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unless you can prove they added interest at the loan rate to the PENALTY charges

 

the statint sheet would be the one to use

 

dx

Thanks will do.

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SUCCESS:!:

Received payout from Genworth, despite refusals from Santander and no help from FLA. Please move mark thread accordingly. Thanks

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well done

 

was it near your estimation?

 

The Consumer Action Group needs help to cover itsexpenses.

You could help by making a money contribution to http://www.consumeractiongroup.co.uk/paypal.php?go=donate

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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well done

 

was it near your estimation?

 

Yes, but only stat interest. Donation follows shortly

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urm..not good then

 

are you going to accept it

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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urm..not good then

 

are you going to accept it

 

dx

Reluctantly yes, but hopefully will be "subsidised" by an on going issue with santander, which I am hopeful of a positive result for.

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