HBOS Marbles Card - Unpaid & Lost PPI Plevin Cheques

[unclebulgaria67]

Just continue the complaint with the FOS, explaining what happened and that you are now based abroad. See what they say.

[theoldrouge]

Yes just continue the FOS will let you know their decision when you have sent your explanations

[Queens_king]

Unclebulgaria67 & the oldrogue

 

Many thanks.

 

Emailed all info today to FOS

[Queens_king]

Hi

 

Just a simple question (I Hope)

 

I have been rejected by New Day (Marbles) for my PPI. nd now past the time for the Ombudsman due to them passing the rejection to a claims company who never told me, plus, Marbles never informed me.

 

Another factor is I am no longer in the European Dictatorship.

 

Just wondering if I could use the CUPTR in a letter before action before passing on to a solicitor to complete

 

Many thanks. Again

[caro]

Who passed it to a claims company?

[Queens_king]

I was using Stake Your Claim as I was leaving the UK within a two week period. Marbles had both my new address and my old address as I was in some severe [mess] with them,but as I was leaving the UK they sold the debt on to CallQuest

 

However I heard nothing from both Marbles or SYC and made a claim to be told that as SYC were acting on my behalf they were only required to inform SYC (found out this claim that SYC were informed after I left the UK) but four moths after Marbles rejection.

 

As I am no longer in the UK and that the FOS wont help as NewDay stand by the six months rule

 

I have found a UK solicitor who is prepared to act on my behalf on the condition that I send the LBA as I think there are many reasons why Marbles (New Day) will not re open this claim they are set to recover more than the outstanding balance (but the account was sold before I made the claim)

 

I am unable to issue the claim myself due to the exhuberant costs fo returning to the UK with hotel and ;living expenses

[Queens_king]

Hi all

 

Found a solicitor to act for me if I make a claim against Marbles (Newday) but have to start the proceedings myself.

 

Just wondering if I sent a completed N1 form to Marbles with a LBA and a note stating the claim was to be commenced if they failed to come to an agreement (is this legal/possible/breaking rules etc)

 

Any thoughts, advice/amendments etc gratefully apprecdiated

 

The claim is ...

 

A … The claimant claims that the defendant mis-sold Payment Protection Insurance (PPI) that was not needed and indeed was unsuitable for the claimant

B … The claimant claims the sum of the PPI including 8% interest per annum until settled £3312.76

C … The claimant claims solicitors fees of £130.00 and court costs £455

D … The claimant claims that no longer being resident in the United Kingdom was a major reason for the rejection of the claim and the defendant was not expecting to face a court hearing

E … The claimant also claims that the defendant, after defaulting and selling the account wishes to recover the loss on the sale of the account. The account no longer belongs to the defendant but the new owners

F … The defendant claims that a leaflet and information with the Terms & Conditions of the account and PPI were sent to the claimant. This is denied and request that the defendant are put to strict proof of sending the PPI information

G … The defendant claim that the claimant was able to cancel the PPI as per the Terms and Conditions. However without the leaflet the claimant would have been unable to see what was required to cancel the PPI as no leaflet/information was provided

H … The claimant requests that the payment made forthwith into the claimants nominated bank account

[caro]

As a small claim you wouldn't be able to claim solicitors fees.

 

What exactly is this solicitor doing for £130? They don't normally get out of bed for under £200 plus VAT per hour. Surely they want to know that your claim has merit before committing to acting for you. Don't they want to check your claim?

 

You have said nothing about why ppi was unsuitable in your case.

[Hortz]

You do realise that as the plaintiff, the onus is on you to prove some kind of lawful wrongdoing? What is the legal basis of your case? As I'm struggling to find it.

[Queens_king]

Hi

 

If I have posted this in the wrong place than I apologise and please move to the correct forum

 

I am looking for a bit of advice on using the Courts in reclaiming around £6,000 PPI which has been rejected by the Card owners and it is too late via the FOS. I am unwilling to use MCOL due to the £495 fee which is 70% of my income.

 

However I am considering using the Small Claims Court but need a little bit of advice on fee remissions

 

I am a retired British Ex Pat who is married to a Filipino with 4 children and currently surviving on a company pension which is bellow the fee threshold

 

Q ... Can I still claim the fee reduction being non resident (I am resident in the Philippines)

 

Thanks in advance for any help / advice.

[Queens_king]

Its okay guys, I have telephoned the Courts and found that I can still claim the fee remission even living in S E Asia.

[AndyOrch]

[Queens_king]

Okay all, I have decided to take this on myself but have some questions before I get to the nitty gritty.

 

This account was sold in 2013 by Marbles (now NewDay Cards)

The account was opened around 2005

I have had a DCA trying to collect this but have failed with a CCA request in 2013

The DCA has never come back so I am assuming that they do not have or cannot obtain the agreements and or statements

There is aprox £5.5k in ppi.

As the DCA is unable to obtain any details is it really worth the £10 on a SAR?

If NewDay are not able to send me a SAR how do I commence court proceedings without any proof of the account and ppi

Is this a lost cause

[maroondevo52]

Hi,

 

The original creditor or whoever has taken over your account should be able to satisfy any SAR request.

[Queens_king]

Good day all.

 

Could someone be kind enough to have a look at my LBA and comment/advise before I send

 

Many thanks

 

Dear sir or madam

 

Reference: Payment Protection Insurance Rejection A/c #

 

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

 

You provided me with a Marbles MasterCard Credit Card with Payment Protection Insurance (PPI) which at the time of opening I was not made aware of the exclusions either by written, verbal or digital means

 

From you I am claiming …

 

 Repayment of PPI Payments made

 Interest accrued on the PPI payments

 Restoration Interest

 Statutory interest at 8% pa. from date of first PPI Payment

 

Listed below are the documents on which I intend to rely in my claim against you:

 

 Credit Card statements proofing that PPI was paid

 Bank account statements proofing that these sums were actually paid

 Note of Assignment showing the sale of the debt to CallQuest

 

In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

 

 Proof that any material concerning the PPI policy and exclusions had been sent to me by either post, electronic or any other means

 Proof that you informed me within the time limits that I had six months to take action with the FoS after your final decision

 

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.

 

I would invite you to put forward any proposals in this regard.

 

In closing, I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with this direction including failing to respond to this letter before claim.

I look forward to hearing from you within the next 35 days.

 

Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.

 

Please note that I will authorise the use of email to expedite matters quicker and ensure delivery of such.

 

Yours faithfully,

[caro]

Far too much in there for LBA, but vital info missing.

 

Just send a letter marked letter before action, with relevant account numbers.

 

You don't need to lay out all your claim but I would say you need to say how much you are claiming, ideally with a schedule of charges.

 

No need to mention assignment to Capquest, mediation etc.

 

I'm not familiar with the term restoration interest so you might need to be clearer about that, or check you are using the right term.

 

You don't need to give them 35 days to respond. 14 is plenty.

[maroondevo52]

I agree with Caro, there is too much emphasis on Pre Action Protocol rather than keeping it succinct and to the point.

 

Well, that's what I was told by andyorch.

[Queens_king]

Thanks for the advice Caro and Maroondev

 

Will certainly take the advice. I was following the advice on the CAB website.

 

Caro, I need the 35 days from date due to location, (I am no longer resident in the UK) post can take upto 14 days to arrive both ways

Edited April 24, 2016 by Queens_king
Spelling

[martin2006]

Where are are you living now?

[Queens_king]

Philippines, Legazpi City, Albay

[martin2006]

Ok i may be missing something here, how much is outstanding on the account and are you planning on coming back to the uk before this would drop off your cra file?

If you claim for the ppi they could offset any win against what you allegedly owe, so this in mind, is court action worth it?

Im kind of thinking out loud here

[Queens_king]

Hi Martin 2006

 

Sold unknowingly to CapQuest in 2011. When it emerged as sold via credit reference search sent CCA to CapQuest who did not have it so stopped PayPlan paying them. Have had no correspondence since

 

The debt has not been on my credit files since 2012.

 

Value of £5k plus.

 

As debt sold it no longer belongs to Marbles and as such according to FCA cannot be offset, all claim to be paid to me.

[martin2006]

Ok i understand now.

Are you planning coming back to uk to attend your case if it goes to court?

You could rely solely on your witness statement but its not advisable.

You would have to factor this possibility in otherwise theres little point threatening court action with an LBA.

[Queens_king]

I have no intentions of returning to the UK until all my debts are Statute Barred ( one of £12k with Lowells) around 2020 if I am still breathing and my four step kids have finished University.

 

I have a friend who has succeeded in court with PPI who will represent me but under some conditions so not too sure. I feel that my evidence is strong enough but would accept a non appearance by both parties mediation. Failing that I would need to seek out a Lawyer to represent me as flights and accommodation would cost 50% of claim

 

Still have to commence action against Santander for almost £4k of charges as they informed me of thier rejection to my old UK address even though they have my new one and found out too Late for FOS and they stuck by the six month rule in thier favour.

[martin2006]

So have you sent the LBA yet? Thats your next move as advised above