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    • go back and read what andyorch said in my above links about a DEED of assignment NOT being a Notice Of Assignment. its a general document for a portfolio of MANY debts they bought on a spreadsheet, NOT specifically relating to YOUR Agreement. but your was like all others, a single line in a spreadsheet.    the sheriff has specifically asked for the NOA and the Default Notice ...neither of which the fleecers have provided, merly a load of ole twaddle like trump does to divert attention away from those NOT being provided.   forget the stuff about LOP 1925 etc that a NOE is NOT applicable in scotland , the sheriff has asked for it..end of!!   bedtime reading particularly regarding default notice sec 87 https://www.consumeractiongroup.co.uk/forum/showthread.php?484300-Cabot-nolans-SPC-Claim-Old-Next-CAT-Debt(2-Viewing)-nbsp&p=5119630#post5119630   read from about post 70.   as for the written submission. i'll find an example later.   dx      
    • Plevin is not a calculation. its a refund of commission they got as they had a backhander of greater than 50% of the PPI sum paid for selling it on behalf of the insurance company that underwrote the PPI policy.   you are after reclaiming the PPI itself. and that is what all our PPI stuff is geared too.   have you still a copy of what you originally sent though as you don't even KNOW what plevin was , how could you have ever have asked for it.!!   pers i'd write back. (you seriously need to stop talking on the phone!!) stating quite clearly that you REJECT totally their refund under the Plevin Rules. my Claim was to reclaim the PPI a paid, not for a refund of your hidden commission!!   i give your 14 days to refund inline with the enclosed spreadsheet , else i will raise a complaint without further notice to the FOS.   please reply in Writing Only.            
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    • not interested in silly letter   the CCa return please   dx  
    • This is interesting as I was not aware that there was a difference in the PPI claims/calculations.    Long story: I asked for this PPI reclaim over 5 years ago.  The Woolwich loan was taken out when I had a Woolwich current account.  The banking sort code for Woolwich was deleted off the banking system when Barclays inherited it hence they could not find my current account let alone the loan.    They had told me that I had provide proof of the loan as they could not locate it.  I did the FCA deadline search and it still was not located.    As this was the last resort, I had to go into the loft and found it by chance.  They changed the new reference number from the search and attached it to the old past reference number as the complaint was still on their system.    Even speaking to them about their calculations and the one I got from the on-line calculators, no one can explain the difference, they just keep saying that they cannot speak to the PPI calculations team, they have to email them!    Also I thought the Plevin paragraph was standard information.  So this is where the mystery lies,   I can reject the Plevin calculation and ask for calculations based on my actual PPI sums paid,   would this then be in line with your calculator?
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My IP decided to take my car at the end of my sequestration


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Hi.. I am new here. I really hope somebody could help me.

 

I entered sequestration 3 years ago. And this February is my final month to pay contribution towards my sequestration, which is £200 per month. And my IP has advised me that I will be released from my sequestration afterwards.

 

Unfortunately, to my surprise, I just received an email yesterday from my IP saying that they decided to take my car which is worth £1550, or I have to pay the same amount if I want to keep the car.

 

What make me really confuse here is, at the beginning of my sequestration, I owned BMW which was worth around £2300 at that time. But my IP assured me at that time that they not touching the car as the value is not significant and I needed it to get to work, and as long as I have maintain a £200 contribution per month.

 

After a year in sequestration, I have decided to sell the BMW with an advise from my IP, as result that I could not maintained the car. And I swapped to more fuel efficient car. I sold BMW for £2000 and with the whole lot of the money I bought Renault. And I have updated everything to my IP. In fact, I never failed to submit my circumstances review form every 6 months to my IP.

 

I was so confused and shocked by the decision that they make at the final month of my sequestration, while they have 3 whole years to decide about this. Is this sounds right to you? I also wondered why they could be OK with BMW that worth £2300 at the beginning, but not OK with Renault worth £1550 at the end? Please somebody advise me regarding this matter.

 

Your help and words are very much appreciated. Many thanks in advance.

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At the point of Sequestration the upper value of a vehicle that would not be taken into account was £1000,00, this figure has since been increased to £3000,00. I cannot understand why they chose to exclude the original vehicle, however I will read into this one and come back later today. Can you confirm that the Scottish Accountant in Bankruptcy passed your file to an external IP?

Was the original vehicle subject to a Hire Purchase Agreement at the point of Sequestration?

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Hi Crocdoc,

 

I've entered sequestration as a result from my trust deed application failed to become protected. So my current IP arranged everything for my sequestration until I got a letter from AIB saying I've entered the sequestration. In the letter also saying that I will stick to my IP as my trustee. So basically, my application for sequestration is thru them.

 

No, the original vehicle was not subject to Hire Purchase Agreement. Many thanks Crocdoc. Looking forward to hear some more opinions.

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This is accurate as it stands today, it would appear that your IP is dealing with the car based on the old upper limit.

A Sequestrated person can discuss with the trustee what is essential for work, for example, a car (up to the value of £3000)..

The Accountant in Bankruptcy (AiB) generally uses Glass’s Guide for vehicle valuation, taking the "trade in valuation" that matches the condition of the vehicle. This is the standard procedure, but if a client can provide a written valuation from a reputable source such as a large chain garage this may be considered by the AiB to be a more accurate valuation of the vehicle as it will take more detailed account of its condition and state of repair.

81b A vehicle valuation can be requested from Glass’s Guide online for a charge,

I would suggest that you contact the Scottish Accountant in Bankruptcy and question this issue. The details are as follows:

 

Helpline: 0300 200 2777

Tel: 0300 200 2600

Fax: 0300 200 2601

E-mail: helpline@aib.gov.uk

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Eventhough if my IP is dealing with the car based on the old upper limit, shouldn't I got an allowance to own a car? Based on what they said to me, they want the whole value of the car. Which will leave me with nothing. Not even a £1000 limit. This is their sentence to me:

 

With regards to your motor vehicle, I note that your vehicle is valued at £1,550. These funds will be required to be paid to your sequestration, as your motor vehicle was an asset at the outset of the sequestration. So if you decided not to sell your car you would have been required to extend your payments for the value of the vehicle.

 

Thanks for your advise again Crocdoc.

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Thanks Crocdoc. At the moment I'm asking the IP to review their decision. If this matter can't be resolved, I will consult with AIB. Cheers. I will update this space for any outcome.

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Hi, I just thought to update my case status here to get some opinions.

 

I received a call from my IP yesterday, and they gave me an answer after reviewing their decision since last week.

 

They decided to ask half the value of my car (£1550), rather than taking the full amount. Hmmm... I obviously not happy with this decision. First, I don't know what the base of their calculation/decision. Secondly, why NOW?

 

They told me they are interested with my car from the beginning of my sequestration. They just let me used the car to go to work, and don't want to bother me with the car issue at that time. And when the time has come, they just told me they want the value of the car. Could pls someone advise me; IS THIS LEGAL??

 

My point is, if they're really interested with my car from the beginning, shouldn't I've been informed about that? And they DID NOT tell me the options whether I could sell my car and buy the cheaper one, or I could find third party to raise a sum similar to the difference between the value of the car and £1000 ( they said it's £1000, not £3000). Again.. IS THIS LEGAL?? I kind of see it like mishandling case.

 

They mentioned that my allowance for the car is £1000 as I signed the sequestration 3 years ago. So I have to stick to the old guide, not the new £3000 limit. But they asked £750 from me today, and I don't know how they calculated it.

 

I have told them that I will speak to AIB regarding this matter, as I am so confuse and not happy with this situation. I will update this space again for any updates.

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