Nationwide PPI

[orfoster]

Ok they have sent their final response on the issue but i have done something I haven't done before. I have now referred the issue through to the Financial Ombudsman Service did it about a week ago. I will await their response. If i get nothing back within two weeks I'll start court proceedings.

[hellhasnofury]

Ok they have sent their final response on the issue but i have done something I haven't done before. I have now referred the issue through to the Financial Ombudsman Service did it about a week ago. I will await their response. If i get nothing back within two weeks I'll start court proceedings.

 

Hello orfoster,

 

Sounds like you are really pushing them hard :grin: , I do believe the fos are really busy and it may take them a bit longer that two weeks to respond, that if they do respond in your favour. When was the loan taken out. They won't touch it if it was before the fsa was set up. or so I believe:confused:

 

Maybe see what they say before you start court proceeding, it really does not matter when you start them, just think of the daily interest accrueing:grin:

[orfoster]

Yeah I guess the interest is still accuring its just all time it takes to deal with. the thing is that I didn't mention in my complaint when my friend who lived at the same address as me applied for a loan with Nationwide at the same time as me he didn't tick the box and sent the app back and they called him up and said "you need to tick the box" and sent the form back to him to sign as they wouldn't accept the loan if he didn't sign it. The thing is I cant prove it so they wouldn't use that anyway it just frustrated me when they say they don't pressure people!

[orfoster]

Ok I had a letter back from FOS on the 22nd August saying they will be allocating a case worker and will be in touch shortly. Hopefully it will get sorted but for some reason I don't have much faith in the FOS but we'll wait and see.

[reidnet]

Hiya,

Just a wee note, If you start Legal proceedings the FOS will be unable to investigate your complaint due to you taking legal action.

 

I would hold off Court proceedings until FOS give you a decision, If the outcome of the FOS investigation is not what you want then you can go the court route..

 

Well the FOS should be a bit quieter just now with the hold on Bank Charges..lol

 

Ian

[orfoster]

Ok still waiting for FOS to come back to me. I saw earlier on another thread that Nationwide have now stopped all PPI sales so hopefully this will help in my claim.

 

Im not sure whether to write to FOS to tell them I now realise they have halted sales and as they have admitted they have been miss-selling their insurance.

 

Fingers crossed. If not I'll be off to court. I will hold off until I hear back from FOS though.

[orfoster]

I did write to the FOS telling them about Nationwide stopping the sales of insurance and although they wrote back saying they note what I have to say they will get back to me but today I got a letter saying;

 

"I have considered your complaint and have been in contact with the firm recommending that it be upheld. The firm does not agree with my assessment and has asked that the complaint be considered by one of our Ombudsman and that a final decision is issues. Please let me have any further comments or submissions that you might like to make by 5th November"

 

I will write back thanking them for their assessment and say I have nothing to add to the complaint.

 

Only because I believe the Ombudsman will come to the same assessment and I don't think there is anything else I can add. So just a waiting game now but looking good!!!

[hellhasnofury]

I did write to the FOS telling them about Nationwide stopping the sales of insurance and although they wrote back saying they note what I have to say they will get back to me but today I got a letter saying;

 

"I have considered your complaint and have been in contact with the firm recommending that it be upheld. The firm does not agree with my assessment and has asked that the complaint be considered by one of our Ombudsman and that a final decision is issues. Please let me have any further comments or submissions that you might like to make by 5th November"

 

I will write back thanking them for their assessment and say I have nothing to add to the complaint.

 

Only because I believe the Ombudsman will come to the same assessment and I don't think there is anything else I can add. So just a waiting game now but looking good!!!

 

Ooh its looking favourable, good luck and well done

[indebtstudent]

"I saw earlier on another thread that Nationwide have now stopped all PPI sales so hopefully this will help in my claim. "

 

I can vouch for the truth of this, I don't have any additional ammo, can anyone suggest a reason? (well apart from they're cacking themselves).

 

The only info I've stumbled across when dealing with a customer was that Nationwide constantly reviews its products, or something to that effect, and any dialog with the regulator are confidential.

[orfoster]

Ok I called up the Financial Ombudsman Service the other day, they told me that although the adjudicator believes my complaint should be upheld Nationwide have appealed this so it will be prepared for a final decision.

 

They have told me that this will take between 4 and 5 months now!!!

 

I am half tempted to stop the complaint through the FOS and issue a claim in the courts.

 

Can I ask the FOS to supply me with their findings so far?

 

I don't know if I should wait for the FOS or start a court claim.

 

Anyone?

[orfoster]

*bump*

[alanfromderby]

It has to be your call about whether to switch to court action.

 

Regarding the other question, the FOS will almost certainly not disclose their reasoning. However, it will almost certainly be based purely on the facts you have given, and the lack of any compelling argument from Nationwide to the contrary.

 

Remember that the case has not gone through the full adjudication process - reading your thread I would say that it has only reached caseworker level, so no formal information exchanges will have taken place.

 

From what I have seen it is becoming standard practise for banks to appeal these caseworker decisions - probably in the hope that the system will grind to a halt, much like it did with bank charge cases before they were all put on hold.

[orfoster]

Hi all,

 

Its been some months since posting but thats because I decided to hand on until FOS got back to me.

 

I have now had a response and a preposed final decision that states........... Nationwide have to pay back the difference in PPI and put me as near as possible to how I would have been if I hadn't taken out the loan insurance in the first place, including writing off the loan insurance. Also to add 8% of the amount owed to date of settlement and to provide me with information on how the sums have been calculated.

 

This win is due to Nationwide not including a reference to the 30 day cooling off period in the credit agreement or something along those lines.

 

YEY!!

[bathgatebuyer]

Well done!!!! I'm delighted to hear of another positive outcome when it comes to PPI mis-selling!!!! (And a bit jealous too! )

 

The Guidelines in place in the FSA Handbook (ICOBS 2.4) on Record-Keeping state that firms "....have to deal with requests for info from the FSA as well as queries and complaints from customers". If they had no record of the original telephone conversation over the PPI sale, then it would have been worthwhile reminding them of the guidance note put in place by the FSA where it specifically states that firms need to maintain adequate records in the event that the FSA or customers makes requests.

 

Imagine if the Nationwide had been asked to provide info to the FSA and they didn't have any???? That would have been a healthy stick to beat them with.

[alanalana]

hello orfoster,

 

Congratulations, don't forget to whack your post in the ppi successes in the stickies when your cheque hits the doormat.

 

aa

[orfoster]

Well Nationwides deadline to respond to FOS was 3rd July. They ignored them but I haven't had the final report back yet.

 

I wonder though, what if Nationwide don't pay up? Can the FOS force them to pay me or do I have to ask the court for an order etc? I just have a feeling they are gonna drag their feet.

[orfoster]

Hello everyone,

 

In an attempt for a final push to sort out my debts I'm looking for someone to help me, the attached agreement may not be enforceable, it isn't signed by Nationwide.......now the catch is that this agreement was made because the FOS upheld my complaint re PPI so does it need to be signed to be enforceable? It is a whole new account number etc.

 

The reason I ask is because Nationwide took me to court last year, despite paying them £59.64, I was in an arrangement with them through PayPlan. I just had the court papers land on my mat which was quite aggressive in my view, I had no way of paying the full £2.2k which was still owing. They did however write to PayPlan with a formal demand before court action commenced but I didn't get that, I've only just discovered it because I DSAR'd PayPlan.

 

Is there anything I can do? I had the CCJ cleared.

 

Oh and I paid the full amount (Mum lent me the money) and they still continued to default my credit file for 6 months after I settled the account, I reported that to them in April this year and they cleared one CRA but last week I've discovered they still have it incorrectly on Experian, is that against DPA?

 

 

[ATTACH=CONFIG]45300[/ATTACH]

[orfoster]

I have a question or two about my Nationwide situation........

 

In 2006 I got into difficulty and wasn't able to meet contractual obligations, I did though in 2008 succeed with the FOS for PPI mis-selling. Nationwide were told to issue a new loan as the agreement above which was never signed.

 

The PPI was applied monthly, so when the records were recorded with the CRA the balance would have been incorrect. The account is now settled.

 

Would I have grounds to ask for the information to be removed based on the monthly figure being inaccurate?

[orfoster]

Hello everyone,

 

As I am on a mission to try and clear up my credit file.

 

I had a Nationwide loan in 2005 (they have supplied a copy of credit agreement)

 

I then had a PPI claim with FOS that was resolved in Sept 2008,

they were ordered to resolve it by either removing the PPI or setting up a new loan on the same interest rate.

 

I had issues paying in May 2009 and entered a payment arrangement with them,

they continued to mark my file as up to 6 payments late and then filled a "default" marker in June 2011

and then took me to court for payment,

I stupidly failed to respond to the claim and paid in full and had CCJ removed.

 

However, on applying for a SAR they have provided;

 

1. Original Credit Agreement 2005

2. Credit agreement unsigned dated Sept 2008 with a loan account totally unrecognised.

3. All of the correspondence relating to this account is for a loan account number with no agreement being entered into.

 

Ok, so.....I understand that in accordance with ICO Technical Guidance on filing a default

it should be between 3-6 months after the last payment is made

obviously it was 25 months after

(I've just had the ICO rule that Lloyds did the same and that its "unlikely" they complied with DPA).

 

But I wonder if fundamentally there is an argument that I never agreed to allow them to share my data with 3rd parties?

i.e this is a contractual issue.

This is a new loan and by sending one loan agreement with an unknown loan account on it, it would seem I should have agreed but I didn't! Ever!

 

So if there was no agreement, should they have put a default notice on at all?! Breach of DPA?

 

I'd welcome comments on the issue.

[citizenB]

That would be my understanding, orforster..

[orfoster]

Thanks Citizen B, what are people claiming these days? £1,000? I thought I'd read somewhere of a case that clarified the issue of compensation but I can't find it now.

[citizenB]

I think it is the Durkin case you are looking for.

 

TBH, I am not sure of the compensation figure.

[orfoster]

That's it, thanks. I'll look it up. TBH I'm not looking for much compensation mainly all adverse data removed as part of any negotiated settlement, if of course it got to that point.

[orfoster]

Here is a copy of a letter I'm planning on sending tomorrow;

 

Dear Sirs,

Further to my letters dated 9 October 2013 and 13 October 2013 my complaint remains unanswered a copy of my recent letter is enclosed for your reference.

A Letter Before Action was served dated 13 October 2013, in line with your complaints policy you have failed to respond.

I am writing to remind you that I require a response by 28 October 2013 in order to avoid Court action without further notice.

As I explained in my letter dated 13 October 2013 a “default” marker was placed on my credit file in relation to account number XXXXXXXXXXXXXXX, at no time did I grant permission, either expressly or implied for you to share my data with a third party with regard to this account. Sharing my data with a third party without my agreement is an unfair term and contrary to the Unfair Term in Consumer Contracts Regulations 1999.

You have failed to provide any evidence to show any agreement, as such, it is my contention that this was a breach of contract and a breach of the Data Protection Act 1998.

Failure of a Default to be accurate not only invalidates the Default (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998) but is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt, but give the Claimant a claim for damages. (Kpohraror v Woolwich Building Society [1996] 4 All ER 119) I am also aware of a recent case (Durkin v HFC) and am therefore clear of my course of action in any claim brought.

I therefore require the following;

1. Full removal of all information in relation to all accounts held with Credit Reference Agencies.

2. Compensation of £1,000.

Failure to comply or respond on or before 28 October 2013 will result in further action without further notice where I will claim damages, costs and interest at 8%, a complaint will also be raised with the Information Commissioner.

I therefore look forward to hearing from you at the earliest opportunity.

Yours faithfully

[citizenB]

looks ok to me