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means2anend

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Posts posted by means2anend

  1. Just quickly....the above case also gives an interpretation on the ''Date on which the action accrues''

     

    I constructed an a poc based on the above when the Solicitor of Santander used the SB route in Parts 1..AFTER having dilly dallied....

     

    The solicitor for my friend was not going to take the case on UNTIL he saw my POC (was VERY impressed) based on the above cases and LA 1980 PART 11...Legal Aid has ALSO now been granted my friend..on the merits of the POC...and so the routes taken by Santander...i.e DELAY/Costs/SB are being suffocated...:wink:

  2. There are other areas in the Limitation Act that allow for more than 6 years....there is also a 15 year backstop which can be used in appropriate cases...actions in tort and contract are expressly subject to part 2 of the ACT...Also look to Glaister v Greenwood [2001]EWHC Ch 453 (26th February,2001)...it will give you an idea of how statute barred arguments may be defeated..IN YOUR FAVOUR depending on dates/facts/knowledge/constructive/actual....

     

    All the best...I shall be watching thread with interest!:-)

  3. Here are the relevant provisions....but you will need at least a minimum of account history from them to work from...i.e transaction dates...account notes showing nature of transactions..i.e credit limit reduced from or increased to etc...

     

    Companies Act 2006 c.46

    http://www.legislation.gov.uk/ukpga/2006/46/part/15/chapter/2 (see in particular SUBSECTION (3)(a) of Section 386

     

    http://www.legislation.gov.uk/ukpga/2006/46/part/37/crossheading/company-records

     

     

    Money Laundering Regs 2003/3075

     

    http://www.legislation.gov.uk/uksi/2003/3075/regulation/6/made

     

    Money Laundering Regs 2007/2157

     

    http://www.legislation.gov.uk/uksi/2007/2157/regulation/3/made

     

    http://www.legislation.gov.uk/uksi/2007/2157/part/3/made (in particular see Section 19 Subsection (3)(a and b)

     

    http://www.legislation.gov.uk/uksi/2007/2157/regulation/2/made

    ...for meaning of 'business relationship'

  4. I have just received a letter in response to my sar on behalf of friend whose account Debenhams Store Card/Ge Capital One (now in control of SANTANDER CARDS UK LTD) goes back to 1998 according to accompanying account notes BUT they only provided transactions from Aug 2005-Oct 2006....accompanying notes shows credit limit reduced in Nov 2011...therefore according to Companies Act 2006 c.46 and Money Laundering Regulations 2001,2003,2007/2157 they have destroyed documents prematurely OR playing concealment

     

    They have given a total for the actual premiums offered but to my mind this is far too low in view of historical length of account evidence....so sent in a letter mentioning they have broken the law...as fifth Principle Schedule 1 DPA 1998 does not specifically mention any time limit but the above STATUTES do!!!

     

    The FACTS of this particular ppi shows that they have unlawfully destroyed documents BEFORE the time limits...or something more sinister involved...

  5. Santander bought GE capital one and GE were fined by FSA big time in 2007 for systematic mis-selling..that is a FACT..yours may have been one.....one of your is Debenhams...have alook at my progress on this thread...http://www.consumeractiongroup.co.uk/forum/showthread.php?352716-Friend-s-Santander-PPI-Claim

     

    Also described as 'account cover premium' on my friends' whom /I am helping..

  6. Also, it's no good giving you a totals for PPI charges without dates for each charge. The dates are needed for whichever spreadsheet you use

     

    If the SAR response is lacking data, write to complain using the SAR Non Compliance letter in the library.

     

    :wink:

     

    Yes I do have but one sheet from Aug 2005-Oct 2006

     

    Exactly how can she have come up with that figure of 360 without any further information/documents in her possession as per above post...'6 years':!:

  7. i thought you were going back to oct 2003?

     

    so they have not listed those?

     

    dx

     

     

    No...they have only started from Aug 2005 until 2006...but I have an account statement which I sent them a copy at least going back to 2004

     

    how has she come up with a figure of 360 if she states that they do not hold information going back 6 years.:???:

  8. Hi

     

    RE-DEBENHAMS STORE CARD/GE CAPITAL ONE-SANTANDER

     

    I have received the reply to SAR...However the letter states ACTUAL premiums paid at approx £360.00

     

    ''I can confirm that insurance was taken out on the account.The total amount of insurance premiums charged is £360.00''

     

    BUT the SAR was just one sheet going back only to August 2005 until Oct 2006...and on that sheet I have calculated approx £45.00

     

    How do I calculate the contractual interest concerning the figure of £360.00 and 8% interest as there is no indication anywhere on what the Purchase Rate was...

     

    Many thanks

  9. Request a SAR first...have a look at your monthly statements...if there are months missing in between them take the average.....for months missing PRIOR to the months starting in your SAR again take the average from what is known and bang in an offer....I have managed to get statements as far back as 2001 for Halifax forester card on behalf of friend...It is NOT always the case that you wont get ALL statements...but if you do ..then use the above procedure and you would use the PURCHASE PRICE interest rate...

     

    eurocup77... it is best that you start your own thread as you will get attention specific to your own circumstances with input form the more experienced site team.... and likes of me if I can without confusing the issues...

  10. It will take some time to understand this...but I am just cracking on with the figures and entering them into spreadsheet or I will be not making any progress just for wanting to understand what goes where...I must confess i still have no idea...but what the hell as long as correct figures go in correct cells in excel...i'll leave the method to you guys/gals

     

    so in addition to £63.56 i must enter alongside that for every date payment was made the figures of 2.13% of £366.34 is £7.80

    7.0% of £366.34 is £25.64....

     

    I keep forgetting that loan ppi rollover keeps on being paid thru consolidation loans 2 AND 3...hence the 2 figures

     

     

    Thnks for persistence..

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