Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • It already is epidemic. perhaps he meant the next stage ... pandemic.   https://www.cdc.gov/csels/dsepd/ss1978/lesson1/section11.html   media existing to sell newspapers / advertising space / looking to get viewer numbers ... who’d have thought it.   The media has a responsibility to give decent advice : appropriate concern rather than generating panic.
    • Latest update:   He managed to get through to BC before they closed earlier this evening. Last payment of £175.00 was 03/02/2014. Issue date for the claim 30th Jan 2020   Is he skewered? No supporting paperwork?   CCA and CPR waiting to go.   What next?   Thanks   stephenXL
    • Hi,   I'm looking for advice regarding a court claim being made against me by Erudio regarding an old student loan. I've received a claim through the Scottish Simple Procedure process for almost £4000 regarding a loan taken out in 1999. The original loan would have been for approximately £1800 to my best recollection.   I can't say for certain at the moment (will need to call SLC to verify) when the last time I deferred was - it was a long time ago and I've no recollection of sending anything at all to Erudio at any point, nor was I aware that they required a deferment form as well. I had been paying off my other student loans taken out a few years after this one (04, 05 and 06) through my earnings to the SLC even though I was under the repayment threshold at the time, and I've only earned over the repayment threshold for just over the past 2 years. I was happy enough for paying them off in this manner so I had never felt the need to continue to defer with the SLC, and never really paid much attention to the statements sent by Erudio as I'd incorrectly assumed that they would be paid through this manner as well. At this point, I have recently received a letter from the SLC stating that my loan repayments are coming to an end very soon, but it would appear that this hasn't made any payments towards the loan that Erudio have taken over.   I've been reading through the topics posted over the past couple of weeks for and reading about others in similar situations to try and ascertain the best plan of action.   Particulars of claim: (copied directly from the claim, account numbers and monetary values redacted)   Name the issuing court: Edinburgh Sheriff Court   Who Is The Claimant: Erudio Student Loans   Who Are the Solicitors: Shoosmiths LLC   What type of action? (Simple/Ordinary): Simple   Section D1: The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ("the Agreement") between claimants and Student Loans Company ("the Original Owner") dated 22/11/13, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due at the date of agreement, and in particular in relation to the the contract hereinafter condescended upon. The said assignation was intimated to the defendant by way of written notice on or around 22/11/2013. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974. Further information in relation to that agreement is contained in section D$, where we set out the sums due and the basis upon which they fell due. As at the date thereof, the sum due in terms if the said agreement amounts to £xxxx.xx.   Section D4: The said contract agreement between the Original Owner and the respondent is a regulated credit agreement in terms of section 189 of the Consumer Credit Act 1974. It is also regulated by the relevant Education (Student Loans) Acts and related regulations. It is dated 26/10/1999, and relates to a Student Loan Agreement with the account number xxxxxxxxxxxxxxxx. The said agreement required the respondent, following completion of their course of study, and upon meeting certain conditions relating inter alia to their income , to make payment of the sums due by the way of consecutive monthly installments. The said installments were required to commence in the April following the respondent meeting certain income criteria and were to be based upon a percentage of the respondent's income over the said threshold amount. It was a term of said agreement that a failure to meet any installment on a due date would render the account in default and would entitle the claimant to serve a notice of default on the respondent requiring the respondent to remedy the breach within 14 days which failing the claimant would be entitled to demand repayment of the loan in full. On or around 22/04/2019 the respondent failed to make payment of the sum which had fallen due and the said account thereby entered into default. A default notice was issued to the Respndent on 22/04/19. The Respondent failed to remedy the default following upon service of the said notice and the account was terminated in accordance with that notice. The account remains in default. The sum due in thereunder is due and payable now. As at the date hereof, the sum due in the terms of said agreement amounts to £xxxx.xx. In terms of the Agreement, and the written notice hereinbefore condescendedupon, the right to receive payment of the sums due in terms of the said account vests in the Claimant.   Date of raised claim [or court stamp date from writ] :- 23rd Jan 2020   Last Date Of Service [or from form 07]:- 17/02/2020 - this was delivered before then.   Last Date For Response [or from form 07]:- 09/03/2020   What Documents are listed in Box E2:[or in your form requesting the same?] A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.   Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Student Loan     BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ] I want the court to order the respondent to pay me the sum of £xxxx.xx …..   from your knowledge: answer the following:   When did you enter into the original agreement before or after 2007? After 2007, started the course approx 1998, loan taken out 26/10/1999 as per the info they gave me   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 purchaser (Erudio), Shoosmiths LLP   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to my recollection although I was aware that Erudio had been sending statements regarding a student loan   Did you receive a Default Notice from the original creditor? Possibly but not to my knowledge   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Possibly but not to my knowledge   When was you last payment:- Uncertain, will need to confirm with SLC if payments made towards this loan, no payments ever made to Erudio to the best of my recollection   Why did you cease payments:- Was paying off student loans through earnings, never realised that this one was being treated seperately   Was there a dispute with the original creditor that remains unresolved? Not to my knowledge, SLC had taken payment through my earnings even though I was below the threshold as I hadn't deferred but I was happy to proceed with this.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No     From the previous advice given, I'll get the CCA request done and also the CPR 34.14. The amount claimed seems very high and I've got no breakdown of how they have come to this figure. I've also been reading through the threads about how to set out the defence - the PercyPercy thread is of particular interest as there are similarities between the two, as I never gave any paperwork sent to me due attention and have ended up in this situation as a result.   Thanks in advance, and I'll supply additional info as quickly as possible if required.    
    • Hi everyone    I received a ParkingEye claim form today that was issued on the 24/02/2020.   I'm not sure what info I need to upload on a parking charge claim form so I’ll upload the form and wait for instructions.    Any help much appreciated    Andrew      Claim Form.pdf
  • Our picks

Queens_king

HBOS Marbles Card - Unpaid & Lost PPI Plevin Cheques

Recommended Posts

you mean your pre action protocol letter regarding the PPI claim you intend to make?

you've got me confused here?


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

Unable to upload letter as PC just went down. Typed as per letter

 

I am contacting you about the PPI concerns raised.

 

We have not yet finished our investigation into your complaint. I am grateful for your patience while we complete our review.

 

NEXT STEPS

We expect to write to you with our final decision within the next 8 weeks. We are sorry for the delay.

 

FINANCIAL OMBUDSMAN SERVICE.

As it has been 8 weeks since you contacted us about your concerns you have the right to refer your case to the FOS. The Ombudsman offers a free independent review service. You can find more information on the back of this page and on the enclosed leaflet.

 

If you have any questions please get in touch. You can call us on 01244 698 298 or write to us at the address at the top of this letter. (Leeds) please quote xxxxxxxx xxx

 

Yours sincerely 

Sean Quins

Customer Services Operations Director

 

The back of the letter refers to FOS and Legal Ombudsman service

Share this post


Link to post
Share on other sites

Dx.

 

It was sold to Callquest with a debt of about £3k and was written off. I made no payments to Callquest. 

As all the PPI was invoiced by Marbles surely they are responsible 

Share this post


Link to post
Share on other sites

Yes your ppi reclaim is against marbles

Poss hbos

Or if a newer one will be newday ltd

 

Cant see why a sols is involved

You cant easily raise a court claim in the uk you are in asia!


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

Dx.

 

Yes I can file a claim and have.

I have the claim number.

 

I have done all the leg work and have been rejected. Twice.

 

Once by NewDay in 2015 who were a bit slow advising g the CMC that was making the claim and was unable to go to the FOS as Newday rejected as out of time

 

I April 2018 l sent a PAP letter to Leeds and I received the letter I typed above in June 2018 stating I could go via the FOS. 

I held off for a while giving them a chance to reply but eventually went to the FOS which again was refused due to Iinitial complaint being rejected in Oct 2018.

 

I had no response to the PAP Letter except the above.

There has been no mention by either Leeds or the FOS that Marbles no longer existed therefore in Jan 2019 I issued my claim.

I have a claim number and had a fee exemption

 

 

 

Share this post


Link to post
Share on other sites

Hi

 

I was awarded £871.16 Plevin redress for Marbles MasterCard in October 2018 but these cheques never arrived. Still have not arrived and now want payment as i am in a spot of financial trouble. FOS are not helping one little bit and neither are he BoS Despite three letters attempting to get payment.

I have poof that it has been awarded and proof that they have not been presented. 

 

How can I get them to sort this out without any court battle as this was awarded by the bank itself.

 

Many thanks for any help

Share this post


Link to post
Share on other sites

Well it seems to me that your position should be that the cheques were never sent to you. Do you have any evidence from BeOS that they were sent to you?

I hope you don't mind me asking why on earth you have waited for an entire year to start sorting this out.

I think you should contact BeOS, tell them that despite the ruling by the FOS in October 2018 they have failed to comply and you will be taking action in the County Court to enforce the FOS decision +8% interest plus your costs in 14 days and without any further notice.

Only make this threat if you intend to go ahead with it. I really don't understand why you waited 12 months

 

You will need this: https://www.gov.uk/government/publications/form-n322a-application-to-enforce-an-award


Share this post


Link to post
Share on other sites

Bank Fodder

This did not come to light until April as I knew nothing about it until I issued a Court summons to Marbles for PPI in January 2019.

 

The defence Lawver said that he was waiting for instructions to make an electronic payment as I only have Transferwise account.

I was then stuffed by the Lawyer as I issued the claim against a non entity. 

 

However their defence states that there was a letter sent to me on 17th October 2018 and that cheques were sent to me on 31st October 2018 which both failed to arrive and I have the email stating that the cheques have not been presented.

 

As I live in S E Asia I wanted the FOS to deal with this as I had no contact names or telephone numbers and since June I have sent the complsint three times as requested and about 8 requests for an update but have hit a brick wall with no responses.

I have also complained via the BOS Web about this on 15 October and received nothing and again twice more since with no reaction.

 

Share this post


Link to post
Share on other sites

numerous threads merged for complete history of this card.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

If I have to take court action who do I issue it to.

Bank of Scotland, HSBC, HBOS or Joint and several as this was a Marbles Credit Card

 

 

Share this post


Link to post
Share on other sites

If I have to take court action who do I issue it to.

Bank of Scotland, HSBC, HBOS or Joint and several as this was a Marbles Credit Card

 

Also Bank Fodder, this was awareded by the Bank not through a court

 

This is a draft of the letter I will send on Monday

 

I find that I have to write to you again with reference to a Marbles Plevin Redress which was purportedly notified to me on the 17th October 2018 and cheques sent to me on October 31st 2018.

 

This redress is against the following account numbers HFC Bank Limited (a subsidiary of HSBC) on the 12 May 2004 under account number xxxx xxxx xxxx xxxx (the agreement).

The agreement and the PPI policy was acquired by HSBC on or around October 2007 and was given agreement number xxxx xxxx xxxx xxxx and was subsequently transferred to the HBOS system around  February 2009 (subsequently xxxx xxxx xxxx xxxx

On the 17 th October a letter was sent detailing that the claim was upheld and that two cheques had been sent. HSBC Redress totaling £481.44 after tax paid of £49.79 and HBOS Redress totaling £389.72 after tax deducted of £108.64. Neither of these letters or the cheques were received and was confirmed by your Lawyer Andre.lopes@tltsolicitors.com late April 2019 that neither had they been presented and therefore out of date. A request was made for an electronic payment to the following account

Transferwise
Sort Code xx.xx.xx
Account xxxxxxxx

 

I was informed by you Lawyer that he was waiting for instructions

 

Despite the ruling by the FOS in October 2018 you have failed to comply and I will be taking action in the County Court to enforce the FOS decision +8% interest plus your costs in 10 days and without any further notice.

Edited by Queens_king
Addnl info

Share this post


Link to post
Share on other sites

Who sent the cheque?


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

dx100 ...

It says that one is from HSBC and the other from HBOS. But I see that they are both owned by Bank of Scotland

 

They have not sent it to me here in Philippines as the addresses I have had here are all family and they would have passed it on, the only thought I have is they have posted it to my old UK address which was sold 6 years ago and they were aware of it as I hae had letters from Marbles at the addresses here.

Share this post


Link to post
Share on other sites

hsbc and hbos have no links

hbos is bos

 

what is the 16 digit card number 

send it via a pm message.

 

 


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

1st card number is an HFC Marbles mastercard - HFC existed till 2007

 

they were merged into HSBC hence the new card number. 2nd card number

 

some old Marbles branded accounts were then sold to HBOS 2009 3rd number

 

newday acquires the marbles brand - relaunches the cardname and acquires all existing marbles cards from HBOS

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

Thanks for the info but if needed who do I send the claim to. The last letter I received reference to Marbles came from Bank of Scotland in June 2018. It seems that they are mudding the water to stop paying me.

 

This was awarded in Oct 2018 prior to my PPI claim in Jan 2019 that fell apart (lack of postal service here in Albay) and at the time I had no idea that Marbles were no longer a legal entity. The Plevin payment came out of the blue from the Lawyers defence of this PPI claim.

 

I am banging my head against a brick wall with FOS since June and have also made an official complaint to the FOS about no action or updates. The lawyer Andre.lopes@***solicitors.com doesn't want to provide any further info even though he says he was waiting for clients instructions to pay by FPS. The BOS customer services don't have a clue a d have never responded.

Edited by Queens_king
spelling. Albay not Albany

Share this post


Link to post
Share on other sites

To all that helped. I eventually got a Senior Adjudicator at the FOS involved and got the missing payment paid within two weeks.

 

Many thanks for all the he givenl

Share this post


Link to post
Share on other sites

so we are sorted then??

 

 


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

DX100 yes very much so. Unfortunately the PPI failed due to the archaic and almost invisible postal system here in Manila. 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...