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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
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hsbc will not answer ppi question nor will fos ask it


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hi

 

been trying to claim back ppi on a credit card with midland bank/hsbc now since 2013 .

 

i have no statements left but can produce some paperwork for 12 months they denied i had a cc

but re searched by hundreds of phone calls and eventually they agreed i did have one but no ppi was on it .

 

the cc was from 1986-2003 and did have ppi and went to metropolitan collections in the 90s

the debt was fully paid up.

 

hsbc said prove it or go away,

 

i tried the insurance root for the policy number with axa who tell me the credit card number is the policy number

and insurance is inhouse with hsbc.

hsbc said not with them .

 

so did a sar which was waste of time 7yrs of transactions of banking.

eventually enquired with dataoffice and dc sent out by mistake copy of card details,

start and end dates customer/card account numbers.

 

i have asked for the past two years for them to confirm that ppi was on card from day one but they will not answer this question,

 

i went down fos route which was fast tracked due to health but they wont or cant get hsbc to answer it either.

 

i am at a total loss as what to do now

 

should i just give up as the stress of this has not helped my illness.

 

this is the short version of this sorry tale

 

the first time i have ever e mailed anywhere so opologies if a bit rubbish.

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eventually enquired with dataoffice and dc sent out by mistake copy of card details,

start and end dates customer/card account numbers

 

 

can you explain a bit more on who these two organisations are please?

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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I would have thought your sar to HSBC should have revealed all of that

as both are in house parts of HSBC.

 

 

so you've never received the signed agreement at any time?

 

 

so how can HSBC sell it on

other than as a lemon debt.....

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

no copies of anything from any dept of hsbc.

 

they lied for a year stating they had thoroughly searched with the card number and never had one.

 

only because i would not give up and contacted every which way and hundreds of phone calls and lots of letters

 

vicky stante eventually confirmed the credit card number has appeared out of nowhere,

 

this number was supplied on first letter to them.

 

one telephone call to hsbc card services recognised the number and confirmed ppi ,

 

two days later ms stante claimed this was a mistake and has put 50 pounds into my account as a opoligy.

 

outstanding services no longer around ,

 

intrum tried to find old paperwork but were unable to come across any.

 

one dept claims they dont do michrfiche

 

another dept claims there is nothing to be found

 

they can not send copies of agreement as destroyed.

 

my view is the ppi was attached without our knowledge onto credit card and i want them to admit it

 

however they refused to tell me for 3 months who the insurance company was in 1986

 

surely there must be some governing body that can make them admit this.

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  • 2 weeks later...

Hi,

 

It dooesn't make any difference who the insurance underwriters are/were,

 

your contract was with the bank and they should still have a copy of the signed agreement form,

which, should show if you had PPI on the account or not.

 

James

 

please excuse spelling and gramatical errors, I am brillient with PPI & Motor Insurance claims, but crap at writing

I used to be a Motor Insurance Claims handler, but due to redundancy I am now a Complaint Handler for a company that sold PPI

Please excuse any spelling or gramatical errors as I may be good at dealing with PPI claims, but I am C*** at writing

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hsbc say they cannot find agreement so must of been destroyed so the only way to go was for them to admit ppi automatically added on at sale of credit card although was never told or asked if ppi was wanted.have formally asked hsbc to admit this but they will not answer to me nor to fos.

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what proof is there , there WAS PPI?

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

If they can't find the agreement or any other information,then they will have to pay out

(if you have proof that a seperate PPI payment was paid), as it is down to them to prove that you didn't have PPI

if they cannot do this, then it is classed as an unknown sale and they have to pay out.

 

 

If they still don't pay out then keep on at F.O.S. as they should, by rights, make the decision that the bank pays out.

If this still doesn't work then I'm afaraid it will have to go through the courts.

 

All 'unknown' sales normally pay out straight away.

If you have any statements (or other docs) that shows a PPI payment, then thats all you will need as proof.

I honestly can't understand why F.O.S. haven't sorted this out for you already.

 

Please remember that if they have sent you a Final Response Letter (FRL)

then you must apply to F.O.S. within 6 months of the date of the FRL

 

James

I used to be a Motor Insurance Claims handler, but due to redundancy I am now a Complaint Handler for a company that sold PPI

Please excuse any spelling or gramatical errors as I may be good at dealing with PPI claims, but I am C*** at writing

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hi,

i have no statements left to prove ppi was on it but it was on from day one and a payment every monthly statement included ppi.

the paperwork i have is debt collection payments and letters connected to the credit card from midland bank/hsbc

 

 

i have a document of hsbc that shows customer/agreement/card numbers and the date opened

and the date of final payment plus payment s made to debt collection companies to the bank.

 

 

it is common knowledge that ppi was added on to card when signed for

,however as i said hsbc will not admit or deny this and fos did not pursue this arguement

and just make official complaint about treatment from them to myself,

which i did but just received a generic letter and heard nothing since.

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but it was on from day one and a payment every monthly statement included ppi.

 

 

so where is the basis of the above statement coming from???

 

 

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

you keep saying you have PPI

but theres nothing to back that up..

 

 

are you guessing you had it simply because you think you did.........

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

I just re-read your original post and unfortunately the card was taken out in 1986 and closed in 2003,

as this is prior to January 2005 you will not receive any help from F.O.S.

 

You need to have actual CC statements to back up your claim that you were paying PPI,

as without this you have no proof and are highly unlikely to be successful in your claim for a refund.

 

James

I used to be a Motor Insurance Claims handler, but due to redundancy I am now a Complaint Handler for a company that sold PPI

Please excuse any spelling or gramatical errors as I may be good at dealing with PPI claims, but I am C*** at writing

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i am not guessing that i had ppi box of statements showing ppi was mistakenly thrown out when house was being rewired. martin lewis says if no statements ask who insurance company was and ask them for the policy number,axa say cc number is policy number and ppi is in house with hsbc who wont do anything about it. ihave contacted hsbc/history as presumed old application forms for access with t&cs would be in their archives,they just sent a email to ppi claims and around in circles we go.

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Has the company acknowledged that you had an account with them?

When you applied for the account, was it, in store, by telephone or post?

 

If they have acknowldged that you had an account, then they should search their records for a copy of the application/agreement form. If they find the form then they will be able to tell if PPI was enrolled onto the account or (if they have the form they should send you a copy if they are declining your claim), if they can't find that agreement/applicatin form and they have confirmed that you had an account with them then they have to pay out if you have proof that PPI payments were made by you.

 

Unfortunately if you can't find the proof that you paid for PPI, then I am afraid that you won't get anything back.

 

 

James

I used to be a Motor Insurance Claims handler, but due to redundancy I am now a Complaint Handler for a company that sold PPI

Please excuse any spelling or gramatical errors as I may be good at dealing with PPI claims, but I am C*** at writing

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I rerely post here but perhaps the following is worth a bit of thought...

 

I sent SARs to both HBOS and RBS a couple of years ago and received credit card statements from both for the previous six years (supposedly as far back as they could go). Fortunately, this was enough for two successful PPI claims.

 

I subsequently discovered RBS did have older statements and wrote to their Data Controller asking for them. I received an apology and a further five years of copy statements (back to 2001).

 

Just recently, while arguing my HBOS PPI payout, I got to wondereing if they too had statements they had not sent with my SAR (even though I had no evidence they did). I thought I would 'blag' it and I wrote to the HBOS Data Controller saying they had not provided all my statements and, lo and behold, they sent me copy statements back to 2003.

 

Two examples of credit card companies only supplying six years' worth of statements even though they had more.

 

Of course I wouldn't dream of suggesting you write them a 'blag' letter? That would be entirely your decision. :-)

 

 

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To be fair, they are only legally obliged to keep these type of records for 6 years and that is why an SAR will only return records upto 6 years old.

 

James

I used to be a Motor Insurance Claims handler, but due to redundancy I am now a Complaint Handler for a company that sold PPI

Please excuse any spelling or gramatical errors as I may be good at dealing with PPI claims, but I am C*** at writing

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To be fair, they are only legally obliged to keep these type of records for 6 years and that is why an SAR will only return records upto 6 years old.

 

James

 

Obviously not - as my post shows.

 

Whilst they have a legal obligation to retain these records for a minimum of six years, in practice they often keep them much longer. It would not be feasible for them to purge records on a monthly basis. I got RBS stuff back to 1998.

 

If they do keep them longer then they should send all information held (subject to a very few exceptions) in response to a SAR.

 

 

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hi i received no statements or copies of agreements to any banking business other than transactions however ms vicki stante head of ppi complaints claimed to another ppi claimer in nov 2014 that she can automatically pull off cc statements back to 1997.

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