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Hedgehog

Please help...Auntie has been ripped off!

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After my recent successes, my family have been scrutinising their accounts...

my auntie has found a direct debit of £35 a month on her bank statement that she wasn't sure what was for..

She went to the bank to ask, turns out it was for ppi insurance for a loan that was taken out years ago...

but my Aunt and Uncle paid the loan off in full over 8 years ago...

AND THEY ARE STILL PAYING £35 INSURANCE EVERY MONTH!!!!

She has of course now stopped it, but the bank have told her that it was her fault, she should have informed them...

 

At the time of the loan, they were told that they had to have the insurance when it was taken out..

The loan was with Lloyds but insurance was taken over by Scottish widows,

Can they claim it all back? at least they should be entitled to the payments after the loan was paid off in full?

this is so different from the bank charges....

Help!

where do I start?


HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

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Bump!

Please help, not sure what to do..


HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

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I would suspect that they are out of luck. From Issue 27 of the Ombudsman News.

 

square-purple.gif 27/3

bank’s failure to transfer direct debits correctly to new accounts – customer does not notice for ten years – complaint outside time limits

For some years, Mr and Mrs C had a joint bank account, out of which they paid a number of direct debits. But eventually they decided to set up their own separate accounts and they divided their direct debits between these two accounts.

Mrs C frequently shopped at a large department store for which she had a store card. The direct debit for this card should have been transferred to her new account but, in error, the bank transferred it to her husband’s account.

Mr C remained unaware of this for ten years until, after falling out with the bank over another matter, he took a close look at the direct debits on his account. He then found that he had unwittingly been funding all his wife’s spending at the store for the past ten years.

Mr and Mrs C both blamed the bank for the error and Mr C complained to the firm, saying that under the terms of the direct debit guarantee it was responsible. When the firm rejected the complaint, Mr C came to us.

complaint rejected

We were unable to deal with the complaint because it was outside our time limits. For us to consider a complaint, the event complained about must have happened within six years, or within three years from when the customer ought reasonably to have been aware that there was cause for complaint. In this instance, the bank’s failure to transfer the direct debit correctly had happened more than six years ago.

But even if this had not been the case, we would not have upheld the complaint. The payments had been coming out of Mr C’s account for many years and he received statements every month, so he had ample opportunity to spot the mistake and notify the bank. In the circumstances, we did not think it reasonable to require the firm to refund the payments as he had requested.

 

This describes a similar situation. I would suspect that your Aunt has had ample opportunity to discover this error yet has not done so.

 

However, there is no harm in contacting Scottish Widows and asking them.


iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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But in that case, the payments were for something...

In this case, the payments were for a loan protection that they had paid in full, also they were told they had to have them...

Also, he is a farmer, so self employed, probably not even covered!


HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

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They had to have them for 8 years after the loan was paid off?

 

As I said, contact Scottish Widows and see what they say, if you have them admit that it was a clerical error and they agree to refund then all well and good, but I am not sure they will do this.


iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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I'm afraid I'm with hagenuk on this one - the lenders were negligent in continuing to draw money on the direct debit when they knew full well that the loan was paid off, but you're out of time. The usual exception to the Limitations Act is concealment, but it's on their statements - they could have reasonably been expected to find out about the error much earlier. Of course, if they are taking the money in the knowledge that the loan has been settled, it might be fraud, and I'm not sure the LA applies there, but you'd have a hard time proving it, what with the banks having so many cracks for people to fall through and all ...


HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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OK, thanks for the replies

I think I will try a standard letter to get the money back after the loan was paid off..


HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

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Guest NATTIE

Hedgehog- I would write to Scottish Widows and ask what precisely the insurance was for and then go on from there.

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