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    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure 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 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   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. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   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? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  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]   get him to ring BC ask last payment date tomorrow.    
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thornycat

santander given FOS false account information (PPI claim)

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Hiya, any advice will be gratefully received.

 

I started a PPI claim against santander early 2014 for a loan which was taken out in 2001.

 

 

They claimed to have settled a PPI claim on this account in 2007.

 

In 2007 they settled a 'bank charges' claim for a closed current account not a PPI claim for the loan account.

I have never claimed for PPI on any account until early 2014.

But in 2007 I had taken on quite a number of banks for charges.

 

I had a call from the FOS today.

They said that santander had provided evidence of this settlement.

I asked what the evidence was and he said it had the loan agreement number on it, the amount, date and that it was for PPI.

Non of this information is true.

It's totally fabricated.

 

 

I expressed my concern to the FOS and he said he'd contact them again to ask for further details.

 

I called santander straight after to request this information and told them it's totally untrue and fraudulent!

I'm hopping mad.

 

 

I don't want to let them get away with this.

But what do I do?

 

 

The FOS have to make a decision on the information they have.

I haven't kept anything from my charges claim,

as far as I was concerned the matter was closed so I destroyed everything.

 

 

If they FOS rule in their favour,

how do I complain without any evidence?

 

Thornyangel

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Send an SAR


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Hi Bankfodder. I sent a SAR for the loan. I have a copy of the agreement.

 

Are you saying I should send a SAR for the current account? They have told the FOS that 'conveniently' that's the only information they have. I doubt they'll send me anything but I'll try. Thank you.

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Have you retained paperwork of this current account refund for bank charges ?


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Hi Andy. Unfortunately not. That's the problem. All I have is a basic info on the account (minus a/c number) from an old credit report. I'll attempt the SAR with this info and keep fingers crossed!

 

Thank you

 

TC

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Hi Bankfodder. I sent a SAR for the loan. I have a copy of the agreement.

 

I thought that a SAR was for all information on each and every account. So did you specifically request for loan only.

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Hi Bankfodder. I sent a SAR for the loan. I have a copy of the agreement.

 

I thought that a SAR was for all information on each and every account. So did you specifically request for loan only.

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Yes, I requested information on the loan as this was a claim for PPI. It didn't cross my mind to request information on the current account.

 

TC

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I have noticed that the original payments on the loan for PPI until the account was closed totalled £973.92 minus any interest. The amount we received in 2007 for bank charges was £885.95 so the figures don't even make sense!

 

TC

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Hi,

 

Do you still have the paperwork for your bank charges claim, If so this should tell you exactly what you were claiming back and what they paid you.


 
 

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SAR for bank current account was useless, they provided no financial information just comp screen printouts of personal info (surprise surprise!). I am still waiting (over 4 weeks now for a copy of the 'evidence' they have regarding this settlement)

 

So sent them this today and forwarded a copy to the FOS....next stop small claims?

 

After speaking to the re-dress team at the FOS on the 11th February 2016, I was advised to telephone Santander to request the 'evidence' you hold concerning a settlement of a PPI claim made on this account in 2007. I am still waiting for this information. I am also concerned and have expressed my concern to the FOS, that this information was not supplied to me over 2 years ago when I sent the original SAR. The information was sent directly to the FOS in September 2014. Could you tell me why this was the case?

 

My position remains the same, as expressed strongly to the FOS. I have never undertaken any PPI claims prior to the beginning of 2014 but my wife and I did claim back bank charges from institutions during 2007/8 along with thousands of others. The settlement which you are claiming to be for PPI mis-selling on account ***** was in fact a settlement for a bank charges claim on a current account ******.

 

It was in April 2011 when the banks lost an attempt to prevent new regulations on how they should sell PPI which opened the flood gates for thousands of claims. It would therefore be a far-fetched notion, that a claim would have been settled outside of court or without a referral to the FOS in 2007! Do you have any information as to when the first claim for PPI mis-selling was made against Santander and settled?

 

The abbeyloan account was settled in full in 2011. PPI payments stopped when the loan defaulted June/July 2003 and a special arrangement to pay was put in place. Therefore, wouldn't the amount of £885.95 have been taken off the outstanding balance at that time? If so, do you have any evidence of this? The debt was sold to a company called Apex in 2008. As far as the computer print outs which you provided within the SAR show, Santander still held this account in 2008.

 

 

 

 

Also, the figure of £885.95 does not reflect the amount that would have been claimed in 2007. The PPI payments were £973.92 and the interest (if claimed in 2007) would have totalled £393.47 (calculations enclosed), making a total amount of £1,367.39. That's a difference of £481.44.

 

 

I hope that you take all of these points into consideration. I await a copy of the information you have regarding this settlement and any more information you can provide. I hope that this case can be settled without further use of the Financial Ombudsman's resources.

 

I have also forwarded a copy of this letter to the FOS.

 

 

Yours Sincerely

 

TC

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