Jump to content


  • Tweets

  • Posts

    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
    • Sorry,  I'm not familiar with terminology.  Direction questionnaire is what I've seen online as next step. Witness statement: I haven't gone that far, that's why I put the question marks.
    • 2. Is correct disregard 1. You must attend ad per the order 
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

First letter back from lender


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3591 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all

 

Firstly let me say sorry as i no doubt this has been asked before...

 

I am not very good when it comes to this kind of thing ( reclaiming what a should be due )

 

Ok

 

I have sent a letter to Santander to receive a letter back asking me to fill out a 7 page Questionnaire.

 

I remember somewhere seeing not to fill it in but to say to them that i am due the reclame and they have the information, is this correct advice

 

or am i way off...

 

can some one guide me please to what to do.

 

Sorry should have said the ppi i am claiming for is a Mortgage i had taken out in 1997

 

and ppi is still running.

 

 

Many many thanks

Link to post
Share on other sites

Did you complete the FOS complaint form when you made your initial claim ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

No i just sent in a letter, saying • Not informed that taking the PPI policy was optional, Not asked whether I already had sufficient cover in place at the time the policy was sold to me.

 

I am a bit unsure what to do next.

Link to post
Share on other sites

I would fill this out only

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

have you all the statements etc

 

if not

 

its always worth getting an SAR

 

the demands & needs sheet will be interesting reading for sure

 

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... 

Link to post
Share on other sites

I should have docs, you say "I would fill this out only"

 

there is a lot of docs on that page

 

could you be more pacific please, also would you send this in instead of the santander form ?

 

could i ask why, just so i can understand.

 

I do not see a pdf of demands & needs sheet, or an i just blind... :oops:

Link to post
Share on other sites

from the fos site

download the fos questionnaire

 

the d&N will come from the SAR return I hope,

 

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... 

Link to post
Share on other sites

Ok i see the document you are talking about also the Access Request,

 

are you saying send these in instead of the forms they sent me?

 

what is the advantage of this?

Link to post
Share on other sites

already answered the sar reason

 

their CQ often has loaded questions

 

the FOS CQ is generic and industry std .

 

also watchout for phonecalls

wanting to ask additional questions

 

writing only

 

put the phone down

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... 

Link to post
Share on other sites

Looking at your sig, i see these that stand out to me.

 

2 You were told that you had to take the PPI out at the same time as the loan or not at all

6 You were led to believe that Payment Protection Insurance was compulsory

8 It was not explained to you that there were certain exclusions within the policy that could affect you

 

 

What are my chances ?

 

as said i am a total novice at this, unlike some i would love any money retrieved to go strait into my mortgage to get it down rather than some holiday.

Link to post
Share on other sites

your chances are always very good with a mortgage

as likewise say with contents ins

[were you made to take that too?]

 

the advisor would make a healthy commission for each successful 'sale'

 

your demand and needs sheet will make interesting reading.

 

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... 

Link to post
Share on other sites

Thanks for being so patient with me, all this is double dutch to me really

 

you have said a couple of times "your demand and needs sheet will make interesting reading"

 

is this something i have or something i need to get ... :oops:

Link to post
Share on other sites

you should have been fully involved in filling out

your demands and needs sheet Before you took the mortgage out!

 

sadly, esp where many insurances are levied to gain the commission on each one

for the advisors pocket - many punters never ever see the D&N sheet

or let alone knew it even existed!!

 

or are duped into signing it.

 

it SHOULD be in your mortgage 'pack'

 

but I bet it ain't

 

the sar will provide it

 

how old is your mortgage?

 

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... 

Link to post
Share on other sites

took my mortgage out in 1997, was my first home ( still live there )

 

i was young'sh (27/28)

 

Call it being stupid ( i call it naive ) I am a manual worker an sometimes need a bit of help with things like this

 

what i have been looking for is a 1 2 3 of steps of what to do from people who like yourself who are obviously passionate about this subject.

Link to post
Share on other sites

send them an sar

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... 

Link to post
Share on other sites

you should have been fully involved in filling out

your demands and needs sheet Before you took the mortgage out!

 

dx

 

Hate to spoil the party but not in 1997 he shouldn't. SoD&N didn't exist in those days.

Link to post
Share on other sites

Looking at your sig, i see these that stand out to me.

 

2 You were told that you had to take the PPI out at the same time as the loan or not at all

6 You were led to believe that Payment Protection Insurance was compulsory

8 It was not explained to you that there were certain exclusions within the policy that could affect you

 

 

What are my chances ?

 

as said i am a total novice at this, unlike some i would love any money retrieved to go strait into my mortgage to get it down rather than some holiday.

 

Need some more specifics really.

 

What happened in as much detail as possible?

 

Who did you deal with,

 

what info were you provided with,

 

what info weren't you provided with,

 

why would you not have taken the policy if you had been correctly informed?

 

What specifically was said?

Link to post
Share on other sites

yes we didn't know that until post 13

and the sar might be an issue too [12yrs]

 

hope not

and that they still hold the data

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... 

Link to post
Share on other sites

...and that they still hold the data

OP says the mortgage (EDIT: sorry, the PPI) is still current so they should have retained it ?

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

Link to post
Share on other sites

  • 4 weeks later...

Hi it;s me again :lol:

 

I sent the forms away, and today i have had 3 calls to my mobile and 3 to my home answering machine asking me to call them.

 

what should i do?

 

phone them back or ignore them ?

 

 

also watchout for phonecalls

wanting to ask additional questions

 

writing only

 

put the phone down

dx

Link to post
Share on other sites

DO NOT phone them, or accept calls. If they do call and you pick up, do not answer security questions. They will write, eventually.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

Link to post
Share on other sites

why is it so bad to answer the phone, i don't understand.

Quite simply, they could talk to you and then record on their system you agreed to sell them your granny to pay the debt, how can you prove otherwise? - hence, everything in writing :-)

 

They will want to try and bamboozle you with their talk, trick you into saying something you shouldn't. It happens all the time. These people are trained to extract blood from stones, unless you are experienced in dealing with such tactics, best not to talk to them.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

Link to post
Share on other sites

I suggest you read the forum a bit

 

this is a self help one too!!

 

what forms did you send?

 

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... 

Link to post
Share on other sites

Just had letter back from Santander, basicly saying no you are not getting anything :-(

 

the headed 4 page letter just went into saying that i qualified to take it out, even though on the mortgage application

 

it said did i want ppi with two tick boxes yes/no had not been ticked.

 

So is that it or is there another avenue i need to go down now?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...