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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
    • Could you perhaps use the quote button so as to minimise confusion?  It's difficult to distinguish between what you quote and what you are saying.  (Actually it is quite easy to tell the difference).
    • Name Of Claimant - Lowell   Date of Claim - 11th nov 2019   What is the claim for – the reason they have issued the claim? 1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   What is the total value of the claim? £2247.91   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No I received the PAP twice?   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO   Did you inform the claimant of your change of address? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD   When did you enter into the original agreement before or after April 2007 ? NO   Do you recall how you entered into the agreement...On line /In branch/By post ? BY PHONE/POST   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? YES   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT HAS BEEN PASSED TO LOWELLS   Were you aware the account had been assigned – did you receive a Notice of Assignment? I CANNOT RECALL   Did you receive a Default Notice from the original creditor? I BELIEVE SO YES   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? LOST MY JOB AND COULDN’T AFFORD PAYMENT/INTERESTS   What was the date of your last payment? APPROX JAN 2015   Was there a dispute with the original creditor that remains unresolved? I asked for the CCA and they sent me a computer printed balance statement   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I believe I contacted them explaining I had lost my job and for a holiday period which they refused. Although I cannot recall 100%   Just to sum up what has happened through this thread: -       defaulted around May 2015 -       2017 lowells got involved, asked for my CCA from OC and SAR. Vanquis, no acknowledgement of the dsar/ sar, they have however sent me their terms and conditons, fact sheets, along with 2 computer print outs of my details. I think they were considering it the CCA. -       lowells sent pap, replied, they sent again, replied again -       Court claim    
    • sorry busy day attached is a large file re clear agreement/ T&C's   is that obscured signature typed or your real sig? Exhibit__Cabot_Vs_Roland.pdf
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Prouty99

Clerical Medical Mis-selling query

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Now I have all of the old paperwork out, I have found a forgotten clerical medical pension that I have that seems a bit dodgy to me.

 

Brief history of the policy;

 

Originally taken out with United friendly in the 80's, who were then bought out or merged at a later date with Royal London. This is /was a mutual with profits.

 

In 2007 I was contacted by an independent financial advisor who said he would take a look at the pension as I was considering transferring the pension to an occupational scheme.

 

The advisor advised me to transfer the existing funds (admittedly not much at the time) into a clerical medical personal pension plan as it would be 'a better option' and 'pay a better amount in the long term'

 

Firstly, CM have never contacted me for a review from 2007 to 2015 (considering the volatility of pensions this seems dodgy)

 

Secondly, as far as I can make out the transfer fee was £4k

 

Two things stand out in the small print on the initial review documents;

 

Assumed growth rates: "Compared with your current plan, the new Clerical Medical plan would reduce your fund by 17.8%

 

Minimum transfer accepted

 

You do not have a particularly large transfer value to invest for your retirement, and so you need a plan which will accept a low minimum stand alone single premium

 

Unfortunately, this plan has one of the highest on the market

 

Policy Fee

 

You should choose a plan with a competitive policy fee

 

Unfortunately this monthly policy fee for this plan is above average compared to other plans on the market.

 

One off installation fee

 

You should choose a plan that has a competitive stand alone administration fee, if at all

 

Unfortunately, one of the highest fees applies to this plan.

 

I went with his advice at the time, and forgot about the pension as I later joined the company scheme anyway,

and just never paid anything else into the private one, but

 

 

over the last couple of weeks I have been tracing things including this and after reading the small print it seems like I was really stiffed on this policy.

 

Luckily I still have all of the paperwork for this one, including 'independent review paperwork' with the name of the advisor should I have any grounds to take this further.

 

Why would someone strongly advise a policy that costs 4K, and loses 17.8% ?

 

I wasn't aware that pension policies charge a monthly fee either (£40 per annum), or installation fee (£100).

 

Thoughts anyone ?

 

Just to add to that, if you read the other thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?444060-Tibbett-and-Britten-group-workplace-pensionpost I made about the Tibbett & Britten pension scheme,

this is the scheme which I was considering transferring the funds to, and it was a final salary scheme,

 

so I guess it was a foolish thing to do by not transferring into a company scheme at the time,

but the way things turned out the final salary scheme was wound up in 2012,

so in hindsight a stupid decision, and bad advice at the time has actually turned out to be a decision that has worked out I guess.

 

At the point of sale though it was stupid advice, and a stupid move for me to believe that advice.


If you cannot take on a problem head on, go around the sides, over the top, or underneath. If you still have problems, then change the rules. If you can't change the rules then manipulate yourself into a position where you make the rules.

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Again, speak to the PAS as you may well have a cliam against the IFA/broker if they are still in business. Your problem is trying to assess what exactly your losses were/are going to be as your other scheme is not easy to calculate the benefits due. Expect it to take at least 2 years to get anywhere

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