Jump to content


  • Tweets

  • Posts

    • not sure about 8, cpr is not compulsory to reply within 7 days cpr is a request, p'haps might be better to refer to the CCA request ...which you seem to have totally omitted..   I have had ****** Loans in the past - i would stick to financial dealings, this i nothing to do with loans.   generally it needs fluffing out a bit, a WS should not simple be a page pulled from a diary.   dx  
    • Fraudsters are using the details of firms we authorise to try to convince people that they work for a genuine, authorised firm. Find out more about this ‘clone firm’. View the full article
    • Hello   I wonder if someone might be able to clarify a problem for me.   I have an old problem raise its head again with cabot finance.   There were 2 bank debts that occurred at the same time that I was unaware off. My Ex wife continued to use a bank account and 2 the debts occurred.   I successfully defended a claim from cabot via MCOL regarding a SB debt 6 years ago. This debt had no previous recovery action on it and therefore SB defence was successful.   It looks like of their parent/sister company (Mortimer Clarke) company issued a CCJ for the other debt in 2011 but the court documents were sent to an address that I no longer lived at and had left 2 years previously so I was unaware of them until I checked my credit report and saw a CCJ on my file. The next time I checked back the CCJ was not showing. I did however manage to obtain a backdated report showing the CCJ recorded.   The CCJ is no longer on my file and no adverse information is showing.   I wrote to Cabot back in 2019 to say that I believed this debt to be statute barred and they wrote to say that as they had obtained a CCJ in 2011 that this was not the case.   The CCJ is no longer showing on my file and calculating that it would have dropped off around 2017 so is it in my interest to try and get this removed from old records? Is it a defence that the court proceedings were sent to an address that I had moved away from 2 years previously or would entering into any such action reignite the CCJ/debt.   I have looked at various comments on the Internet and from what I gather cabot may need to return and get permission to chase the debt ? Is this correct.   I no longer own any assets (other than a car) in the uk as  they are writing to my partners address as she still owns a property there.   Many thanks for reading my post, if anyone has any suggestions to point me in the right direction or confirm my thinking that they are just hoping that I will pay,it would be much appreciated.   do I just ignore them ?    Thanks Dave
    • Hi... well I was a idiot and got a log book loan from car cash point.... if only I knew how underhand and disgusting this company was I would never have done it.  They haven’t been very flexible considering it’s been a global pandemic and I’m a hairdresser so have been off 9 month more or less. So many things they have done must be illegal. They made a arrangement with me on the 20th December 2020 if I paid 300 and then my monthly 110 it would stop repossession, which I did, I had correspondence with them on the 11th say my full balance due on the 18th Feb was £1875.29 even though in earlier correspondence we had changed payment dates to 28th as that’s when I get paid . In the email on the 11th nothing is mentioned about a 3rd party or repossession. On 23rd Feb 2021 8”I get an alert through my insurance my car is moving, I’m in the house , nobody knocked nothing they took my car with all my possessions without the keys and didn’t let me know, if they had I would of been able to try get the funds. 2-3 days I have been arguing with them and the repossession company. They took my car over 40 mins away with my bankcard, shop keys everything in. I managed to borrow the 2000 pound as it had shot up to 2274.29 within days. I went to collect my vehicle yesterday which was another nightmare trying to tell me to wait another 24 hours which I wasn’t they had the money I wanted my car. On getting my vehicle on inspection they have damaged my car, it had a knock above the wheel arch I have proof of it before as I done it getting into work but they have took my paint work down to the metal.you can see it’s where they must of tied it to tow truck. I’m not letting this lie Everything they do is so corrupt me and my solicitor friend are going through everything with a fine tooth comb I’m going to ombudsman and I’ve also wrote to watchdog. I feel very strongly as this  company are nothing but criminals through legal loopholes. Has anyone had any similar experiences with this company and had damage to their vehicle? I think if enough people complain they will get investigated. I feel it was bully boy tactics as I said I would be able to pay hence the arrangement they made with me. 
    • We believe this firm has been providing financial services or products in the UK without our authorisation. Find out why to be especially wary of dealing with this unauthorised firm and how to protect yourself from scammers. View the full article
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Please note that this topic has not had any new posts for the last 850 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Submitted claim for mis sold PPI on Debenhams store card in Feb 2016.

The card was sold to me whilst being served in Debenhams clearance dept in 2000.

Queue of people waiting : assistant "crossed" the parts of the form including payment protection.

 

Santander dismissed my claim

: not mis sold

: Couldn't refer to FOS as pre- regulation.

 

However Santander then wrote back after the Plevin ruling.

Possible unfair relationship because of the commission.

 

They rang me last week for further info ie employment, savings etc at the time I took the card out (18 years ago!!).

They say I will have a final response by 5th July 2018.

 

Not holding my breath, but let's see.

 

Am I correct in my understanding that if they refuse my claim I can then contact Genworth Insurance and if they also refuse I can then refer Genworth to FOS??

 

Many thanks as always

Link to post
Share on other sites

hope you didn't answer their questions on the phone?

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

to be honest so much time has passed since I took the card out : I couldn't answer anyway and I said all of the info will have been on the original form. I submitted a copy of the application form with the assistants markings on it. I got the feeling they were trying to trip me up!!

Link to post
Share on other sites

good well spotted that was what I was hoping you didn't fall into.

 

there are numerous cases in the FOS examples of the x by tickboxes whereby the rep got about £25 everytime they signed people upto PPI.

 

did you do a spreadsheet and workout what you are owed?

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 trained me well!!! they were asking things like if I served a probationary period in my job etc etc.... No I didn't do a spreadsheet but have used the sheets on this site more than once with great success. I think that's my next job. However it's whether or not i Paid more than 50% commission on the premiums?? thanks

Link to post
Share on other sites

no its whether THEY paid 50% or more not YOU, typically most PPI policies charged you

 

don't confuse hidden commission Plevin reclaim [ the backhander GE money would have gotten from the provident [glenworth?] for selling their PPI insurance]

with the PPI you paid during the course of you usage.

 

two very diff things.

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

Yes I see about the two different things:

had similar from LLoyds recently regarding the commission which they paid out on but we will see what happens.

 

But that was for a credit card and I went to the FOS,

who suggested to Lloyds that it was an unfair relationship because of the commission.

 

Couldn't go to the FOS with this Debenhams / Santander as it's a store card pre: regulation.

 

But I understand if they refuse regarding the commission I can then go to Glenworth ,

 

and if they in turn refuse I CAN then go to the FOS re Glenworth??

 

many thanks

Edited by cleo4patra
ommission
Link to post
Share on other sites
  • 2 weeks later...

Rang Santander for an update :

in theory final response day this week

: they said it's still being investigated.

 

They said they've a backlog of these claims that have been awaiting advice from the insurer but they now are ploughing their way through them.

 

At this rate they'll have had my complaint from when I first lodged it for almost three years!!!

Link to post
Share on other sites
  • 3 weeks later...

complaint closed : letter from Santander they say no flaw in the sale and I would have bought the policy anyway. Probably because it was pushed on me whilst waiting in a queue in a busy clearance department in my lunch hour!!!

 

I am now going to write to Genworth Life style Protection stating this . not giving up!!

Link to post
Share on other sites

sorry to be a pain : got the paperwork out again.

 

Only just noticed the assistant didn't put a cross next to "Employment Status" on the application so clearly didn't ask about my Employment status at the point of sale.

 

Also could this be classed as a pressured sale as I was in a queue of people in a very busy clearance department , was asked if I wanted to save 10% there and then by taking out a Debenhams account?

 

I am now going to approach Genworth who I believe are the underwriters.

 

Thank you

Edited by dx100uk
spacing
Link to post
Share on other sites

putting an x by sign here here and here is leading you on and giving advice so cant be a non advised sale

you were advised where to sign...all they wanted was the sales commission in their pocket.

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
putting an x by sign here here and here is leading you on and giving advice so cant be a non advised sale

you were advised where to sign...all they wanted was the sales commission in their pocket.

 

thank you for that as always :

 

I am now writing to Genworth asking them to re-visit my complaint.

 

Received Santanders 4 page final response saying they have grounds to say I would have bought the policy in any event!! .

 

Santander have said it's time barred under general legal principles having 15 years from the point of sale to bring a claim at court against SCUKL .

 

They also say I may still be due redress under Plevin.

Edited by dx100uk
spacing
Link to post
Share on other sites

ppi is not time barred

its when you discovered it could be reclaimed

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
ppi is not time barred

its when you discovered it could be reclaimed

 

anything to wriggle off the hook !! I thought that was a bit dodgy !! Thanks

 

I've written to Genworth asking them to re-visit my complaint . For the life of me cannot believe they think it hasn't been mis sold given the circumstances of the sale.

Link to post
Share on other sites
  • 2 weeks later...
  • 2 weeks later...
  • 4 weeks later...
  • 2 weeks later...
  • 3 weeks later...

Hope you get what you deserve! I've just had a letter from Santander with exactly the same wording "there are grounds to conclude that you would have bought the policy in any event” for a GE Money card from years back. It's actually for a really tiny amount, but found it so rude I'm going to fight it anyway!

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...