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    • I wonder if anyone can help me. I had a loan with a high street bank from about 10 years ago and I had to stop paying because I lost my job. I reduced my payment to a token payment for a few years but I then ceased this some years ago because I took some advice from an online forum which said that I should ask a ‘Subject Access Report’. I did this and I also asked for a copy of the contract with both signatures which highlighted that myself and the bank had a contract and what its terms were. As the loan was made up of an overdraft and a formal loan I thought they would have paperwork. However, eventually the bank responded by saying that they had no contract and they admitted that as such it was not enforceable in court. Over the last year, the bank have again appointed Moorcroft Debt Recovery Limited to use their strongarm tactics. I have not been responding to the last couple of letters asking me to contact them to arrange a payment plan and now their letters are becoming more threatening. Here is the text of their latest letter……. Quote   We are aware that you have failed to agree an affordable repayment plan with us concerning the above account.   As no agreement has been reached we are now in the process of reviewing your account to consider the steps which may be taken in relation to further debt recovery action. The options include recommending one of the following:   ·         1. Continue in our attempts to contact you by letter and phone. ·         2. Instruct a local representative to arrange to call at your home address to try to re-establish contact with you.   To prevent possible further action you must contact us. Failure to contact us by the 22/10/19 will result in one of the aforementioned debt recovery actions being undertaken without further notice.  Unquote As you can see, they are now getting more threatening. I really do not want people knocking at my door – does anyone have any ideas as to what I can do to sort this situation? I do not want to pay for something that seems unenforceable but I do not want knocks at my door either. Any help would be appreciated.   Kind regards    
    • Yes it was a tomlin/consent order I have a recent statement its not showing any additional charges on it. The statement does not show the balance to pay each month, as the contract was terminated in March 17 and the termination bill was added to the account so my payments reduce the account balance £14262.38  Capital £6995.00 Interest £7213.38 Plus 3 x £18 charges  I presume if it went to court again I would be notified?    I thought court costs and charges could increase a balance owing but not be included in arrears or court proceedings when listing the amount owing, or am I wrong?    
    • Check to see if they are adding monthly charges inflating arrears as per DX.
    • .So I’ve been at the flat for a number of years , you had to be a certain age back then, now all ages and couples with young babies get put here , first floor , no garden not a good area not so bad either .   ive just had a letter to say I’ve been taken off the list to transfer to a more appropriate home ,  no notice just taken off, council are saying my age group no longer qualify.. I spoke to equality and human rights council they suggested I complain siting The Public Sector Equality Act 2010. ( The General Duty and Specific Duty)  relating to age discrimination.      But I’ve also come across this in LAW Quarterly online Mag.    LHA’s allocation scheme suspending applicant’s ability to bid (R (Alemi) v Westminster City Council) The High Court has held that Westminster City Council’s allocation scheme suspending certain applicants from bidding for social housing for 12 months breached section 166A(3) of the HA 1996 (setting out which groups of people should be given reasonable preference when allocating housing).   Interesting i thought?               
    • so you've had a notice of assignment then?   if so that's rare for nasty west to sell it on they typically litigate themselves so I bet the debt is vastly inflated with penalty charges and the interest they attract.   i'd be sending NW an sar get all the statements. then go thru them with a fine toothed comb.   could be £1000's to reclaim....   pers i'd stop paying   what was the original debt amount and what is outstanding now a bit more info on the history please   dx    
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kokorunna

Blackhorse PPI claim rejected

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Please I need some help, I took out a loan awhile ago that am still paying for it and decided to claim my PPI back, I called Blackhorse and filled in the questionnaire that was sent to me but to my amazement today I received a letter stating "In your questionnaire dated you said

  1. You were not informed of the features, benefits, exclusions and limitations of the policy
  2. You were told that taking out the policy would increase your chances of getting the loan
  3. It was not made clear that the PPI policy is optional
  4. You advised that we automatically included PPI in the quotation
  5. You were pressurized into taking the policy

Their conclusions are "In light of my findings, I feel that our adviser acted fairly and reasonably throughout the sale, I have found nothing to suggest that you were compelled into the taking out the policy. I believe that the information provided at the time of sale was a fair presentation of the features of the policy and explained the policy exclusions and the total cost of insurance. I am also of the opinion that it was clear, fair and not misleading therefore allowing you to make a fully informed choice. My review has not highlighted any failings with the sale that would lead me to believe your decisions to purchase the PPI policy would have changed."

 

What can I do now as I need your help please

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Please I need some help, I took out a loan awhile ago that am still paying for it and decided to claim my PPI back, I called Blackhorse and filled in the questionnaire that was sent to me but to my amazement today I received a letter stating "In your questionnaire dated you said

  1. You were not informed of the features, benefits, exclusions and limitations of the policy
  2. You were told that taking out the policy would increase your chances of getting the loan
  3. It was not made clear that the PPI policy is optional
  4. You advised that we automatically included PPI in the quotation
  5. You were pressurized into taking the policy

Their conclusions are "In light of my findings, I feel that our adviser acted fairly and reasonably throughout the sale, I have found nothing to suggest that you were compelled into the taking out the policy. I believe that the information provided at the time of sale was a fair presentation of the features of the policy and explained the policy exclusions and the total cost of insurance. I am also of the opinion that it was clear, fair and not misleading therefore allowing you to make a fully informed choice. My review has not highlighted any failings with the sale that would lead me to believe your decisions to purchase the PPI policy would have changed."

 

What can I do now as I need your help please

 

typical of BH

 

speculating upon what should of happened rather than what DID!

 

they were not there!!

 

write and complain and make ref to section 56 of the cca

 

Consumer Credit Act Section 56. refers...

— (1) In this Act “antecedent negotiations ” means any negotiations with the debtor or hirer—

(a) conducted by the creditor or owner in relation to the making of any regulated agreement, or

(b) conducted by a credit-broker in relation to goods sold or proposed to be sold by the credit-broker to the creditor before forming the subject-matter of a debtor-creditor-supplier agreement within section 12(a), or

© conducted by the supplier in relation to a transaction financed or proposed to be financed by a debtor-creditor-supplier agreement and “negotiator ” means the person by whom negotiations are so conducted with the debtor or hirer.

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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Thanks for the response but do you have template letter I can write and complain with reference to section 56 of the cca.

 

I appreciate your feedbacks

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no

 

template letters only get temple answers.

 

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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They always say that :)

 

As someone else commented, trying to get a PPI refund with some banks is like trying to catch a monkey in a tree. You are going to have to outsmart them by getting them to contradict themselves. The first thing to do is to get as much paper evidence against them: the original Credit Card Agreement, copies of all statements, your request for a PPI refund, their "final response", dates when items were sent and received by post (recorded by next day delivery or registered post). Sometimes the bank agents are so eager to get the commission from PPI, they just ticked the box in for you. Or they put in small print that negated the logic, so by opting out by not ticking the box, they actually opted you in. Or maybe they just filled in the form for you and asked you to sign the lines marked with an X. Doing these always counts against them.

 

You'll need all the above documents for several uses: to make a complaint to the Financial Ombudsman, a complaint to the Information Compliance Officer or a small claims court. The more documents you have, the more often they contradict themselves: They'll say their records don't go back more than 6 years, yet they will be able produce a CCA from 20 years ago. They'll give you monthly statements from a SAR, but mix up the dates, so they give you 2005 instead of 2008, but said the records were no available. All that works to your advantage in the end.

 

With the CCA, your request for a refund, and the banks final response, you can make a complaint to the Financial Ombudsman. However, as there are over 1000 complaints/day coming in, it will now take a year for them to get to your case. The bank statements are useful in order to determine how much of a refund you are owed.

 

 

Use the Data Protection Act to get past bank statements. Very often, banks try and weasel out of this by just giving you a subset of the statements you requested. Sometimes they do this even after multiple requests. By law they have 40 working days to respond to your request from the day it was delivered to their offices. If they refuse, only partially send you information, or provide no explanation why they can't provide you with the data, you have them trapped on a branch and can make a complaint with the ICO. Several court cases have used this to demonstrate that the bank was either incompetent or deliberately obstructive.

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