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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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amex, american, express, ppi


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Hi friends,

 

I am on a mission to claim all the PPI I have ever paid to all my lenders in the past.

 

Amex is the only lender whose statements I have failed to retain. I have their Application acceptance letter for the Blue Card that clearly says ....

 

"Membership Number : xxx xxx xxx

 

14th Sep. 2000

 

Dear xxxx

 

Thank you for applying for the Blue Card .... among the additional benefits and services you may like to consider ....

 

- blah

- blah

- Repayment Protection - which offers you valuable cover at competitive rates - if you are unable to pay ..... Protection takes care of it ...**

 

As requested, we have enrolled you in our Repayment Protection Plan. The means that for a small additional monthly premium you're protected against the unexpected. If you lose your job ......If you decide that you no longer require Repayment Protection, please make sure you let us know in writing within ....... will be happy to cancel your policy and refund any premiums ....

 

.... Yours sincerely"

 

 

I have a couple of questions.

 

I am not sure if I need to SAR this lender. I know through this letter the start date but do not recall when I cancelled the card. What should I say in the FOS about the end date? Will "please check your records do?"

 

Note : Apart from the above letter I have just one more letter in terms of record from Amex.This one is about a £5/- overdue amount but to my advantage has a date of Nov. 2004 which means I held the card at least for 4 years between these two letters.

 

 

Thanks and hugs

Autumn

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Hi friends,

 

I am on a mission to claim all the PPI I have ever paid to all my lenders in the past.

 

Amex is the only lender whose statements I have failed to retain. I have their Application acceptance letter for the Blue Card that clearly says ....

 

"Membership Number : xxx xxx xxx

 

14th Sep. 2000

 

Dear xxxx

 

Thank you for applying for the Blue Card .

... among the additional benefits and services you may like to consider ....

 

- blah

- blah

- Repayment Protection - which offers you valuable cover at competitive rates - if you are unable to pay ..... Protection takes care of it ...**

 

As requested, we have enrolled you in our Repayment Protection Plan.

The means that for a small additional monthly premium you're protected against the unexpected.

If you lose your job .

.....If you decide that you no longer require Repayment Protection,

please make sure you let us know in writing within ...

.... will be happy to cancel your policy and refund any premiums ....

 

.... Yours sincerely"

 

 

I have a couple of questions.

 

I am not sure if I need to SAR this lender.

 

I know through this letter the start date but do not recall when I cancelled the card.

 

What should I say in the FOS about the end date?

 

Will "please check your records do?"

 

Note : Apart from the above letter I have just one more letter in terms of record from Amex.

This one is about a £5/- overdue amount but to my advantage has a date of Nov. 2004

which means I held the card at least for 4 years between these two letters.

 

 

Thanks and hugs

Autumn

 

PS : I have reposted this thread here hoping I have not broken any forum rules.

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you will need to sar.

 

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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urm.. American express

should do it.

 

or a blank PO?

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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  • 2 weeks later...

Hi

 

Just to remind you that this is an account my husband had held for a few years and I am taking care of the claim for him as he works during the bank hours and hence unable to pursue this himself.

 

 

I sent the SAR on the 10th of Jan and received the following letter from Amex on the 17th of Jan ...

 

 

Dear xxxx

 

I would be grateful if you could contact myself at your earliest convenience on 01273 576811.

 

Thank you for your assistance.

 

Yours sincerely

 

xxxx

For Amex

 

I called on this number and this person was not available, I left a message. I received a call back by a different person but Data Protection does not permit him to talk to me on my husband's behalf. Unfortunately, we totally forgot to authorise me in our SAR letter :(

 

Should we be talking to them over the phone at all?

 

We are thinking of sending another letter to them that authorises me to talk to them on my husband's behalf. The person on the phone was okay if my husband answers the security questions and gives the phone to me but my husband was at work. Plus I am not sure if he remembers the security answers with an account that is some 14 years old.

 

Again, I am not sure why we have been asked to get in touch with them over the phone and if we should be doing so at all.

 

Thanks

Autumn

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yess end that letter

 

and good idea NOT to discuss this on the phone

as you've prob read, they tend to ask loaded questions.

 

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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OK, thanks for the response.

 

So, what should I do now.... a) simply be silent or

b) send a letter authorising me plus telling them that we will not communicate over the phone?

 

 

I did mention to the caller two very important things ... 1. He may or may not remember the security answers and that this is a very old account :(

 

Yes kill me.

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as I said b

 

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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Posted Today 21st Jan :-)

 

Dear xxxx

 

I am in receipt of your letter dated 17th January 2014 requesting me to contact you on phone number 01273 576811 as a response to my Subject Access Request sent to you 10 days ago on the 10th of January 2014.

 

Kindly note that I would appreciate if all future communications relating to this matter are done via post and not telephonically.

 

Also note that I authorise my wife xxxxx to deal with this matter henceforth, so kindly direct all future correspondence to her at our home address as follows.

 

xxxx

xxxxxxx

xxx

 

Yours Sincerely

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  • 2 weeks later...
  • 3 weeks later...

Following arrived through post in response to the SAR :

 

1. Application and TnC (The TnC mention a £15/- service charge after 1 year of membership in case Value of transactions is

 

2. System Information [ATTACH=CONFIG]49425[/ATTACH]

 

3. Insurance Department Info [ATTACH=CONFIG]49423[/ATTACH]

 

4. Correspondence

[ATTACH=CONFIG]49428[/ATTACH]

[ATTACH=CONFIG]49429[/ATTACH]

 

5. Statements [ATTACH=CONFIG]49422[/ATTACH]

These are samples as the bank did not supply any statements from the time I held the account - they have been 'purged')

 

Please advise me about my next step in this matter.

 

Thanks

Autumn

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so to the date of that statement they had take £55 ish PPI

 

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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so that's the only statement you have?

 

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

[ATTACH=CONFIG]49448[/ATTACH]

[ATTACH=CONFIG]49449[/ATTACH]

[ATTACH=CONFIG]49450[/ATTACH]

 

I never saved any statements on this account.

 

The SAR returned with some 5-6 'sample' statements such as the one I attached in the above post.

 

These sample statements clearly state that they belong to a cancelled account.

 

All the statements are identical but with different dates.

 

Also, I noticed that these statements have dates such as 2008 or even 2009, long after my account was cancelled.

 

I am attaching another sample in this post together with some more correspondence that the bank sent in response to my SAR.

 

I think it is a PPI charged as a percentage of the outstanding balance rather than a flat premium.

 

Which explains why I paid only £55 or so in the 4 years I held the account.

I remember we hardly used the card.

 

Any advice on what should my next action be?

 

Should I send an FOS?

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you cant/shouldn't involve the FOS until the creditor refuses your claim....

 

you know you were totally charged £55 PPI within the cards life.

 

that's prob without any interest on top whenever the bits were charged from their monthly dates.

 

but if you don't know? their int rate you cant consider that

 

if you did

you could put in a guestimated spreadsheet dropping to 0 PPI on month one

 

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

Posted the following letter. I will send the spreadsheet if the bank asks for one. For now I am leaving it up to them to work it out. Thanks for your last post :)

 

American Express Services Europe Limited

Department 333

Amex House

Edward street

Brighton

BN88 1AH

 

25th February 2014

 

Dear Sir/Madam,

 

Ref: Membership Number xxxxxxxxx

 

I took out your Blue Card in the month of September 2000 at which time, I was sold a payment protection policy.

 

I believe I was mis-sold the insurance policy. I was and still am in full time employment as a xxxxx at the time of taking out this card and my employer xxxxx provides a generous illness and redundancy package. The Financial Services Authority's advice to consumers is that it is not compulsory for a borrower to take out such an insurance policy. This Payment Protection Insurance cover was clearly mis-sold to me, hence, I request a full refund of all the premiums that I have paid so far, plus interest.

 

Please investigate my complaint within the eight weeks allowed to you before the matter can be referred to the Financial Ombudsman.

 

Yours Faithfully

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I wold also do an FOS CQ too.

 

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

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