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Deep-In-The-Do-Do

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  1. Hi All I am after a little bit of advice re. a claim I put in for PPI mis-selling on my Natwest Credit Card. I initially cancelled my policy and made a claim back in 2009, this was rejected outright (my letter was dated 16/12/2008, their Final Response letter was dated 01/01/2009 (New Years Day!!) 17 days including posting, an Xmas Holiday thrown in as well - pretty quick investigation if you ask me). After reading many success stories on here and in light of the court ruling back in 2011 I decided to re-open my complaint and filled in the new questionaire and posted it off. Shortly after I received a letter from natwest, complete with my original Questionnaire which read: Thank you for letting us know about your concerns regarding themis-selling of PPI. The policy you have complained about has already been logged under the PPI reference PPI/*****. If you have any queries regarding this, please do not hesitate to write to us. I didn't click at first re. "already logged" and waited 10 weeks for further correspondence before chasing them up, anyway, today I have received a letter with a copy of their original "Final Decision" letter dated 2009. What I am would like to know is, should they have re-opened my case and re-evalulated it? With this being a "Final Response" and more than 6 months have passed can I take it straight to the ombudsman or should I write a letter of complaint and ask for copies of all the information they used to review my initial complaint. I think the way they have handled this, and worded their correspondence is incredibly poor to say the very least. I'm sure there are many more of us out there with the same issues. Thanks for reading and I look forward to any help you may have
  2. Thanks for this, I thought it might be ......... let me know how you get on
  3. Thanks for coming back so quickly. I don't have any statements going back that far, I think I will do a SAR and get a better picture of where things stand. I will send both letters first thing Monday morning, one for the SAR and one to challenge their rejection. I will be back just as soon as I have an update. Thanks again
  4. Hi Everyone, I am after a little bit of advice after receiving a letter this morning where Lloyds TSB have rejected my PPI claim, details of the letter as follows: Lloyds PPI Rejection Letter.pdf Is this a standard response? Should I do a SAR and get a copy of my application form, although it does goes back to the 90's? Do I complain back to Lloyds or straight to the FSA? Has anyone else been successful after an initial rejection? My initial application was made via a leaflet through the post, but a few years ago the TSB altered their cards to have a joint Amex / Mastercard, this is where I think the PPI was added, I wouldn't have added the PPI intentionally and actually cancelled the policy 2 years ago, there won't be much to come back like some of the claims on here but it could still be a few hundred pounds. Thanks for taking the time to read
  5. Hi The Mould, Thanks for your help so far, I have recieved a copy of the other parties AQ which states they are not interested in having a month to settle the case, they also estimate it will last for 1 day with costs of almost £8k!!! and they say there is no pre-action protocols to follow - surely there must be something?Is this normal?
  6. Hi the Mould, I have sent you a PM with a few details on. Thanks Deep In The Do Do
  7. Hi The Mould, thanks for replying What is the date on your AQ - It has to be returned by the 20th November You cannot re-submit your initial defence, in your holding defence (your ED) did you request that the Court grant you permission to file an amended fully particularized defence? Yes, I did ask Defence as follows: The claimants particulars of claim are vague and fail to disclose any cause of action ...... Failure to comply with my s.78 (CCA1974) request - Since reveived a copy of my application form Failure to comply with DPA1998 by sending sensitive data when they were not sure it was me including issuing court proceedings (letter received requiring signature before they will action my s.78 request) Failure to comply with DPA1998 by sending personal correspondence to an unrelated 3rd party – classed as “Human Error” Failure to comply with my CPR 31.14 request - Still unacknowleged SAR - S.7 Data Protection Act 1998 sent to MBNA - now recieved with nothing more that my application form and pages of calls etc. CPR 31.15 sent to Reston’s following up my CPR 31.14 request - Still unacknowleged Amount is incorrect as I have maintained my payment proposal. I have made payment proposals in line with what I believe I can afford at this moment in time, these have been declined although they have been happy to keep my payments to date. I also asked for a review once our finances improved before they began court proceedings, again they hastily refused and issued the paperwork. I asked for a monthly figure that Reston's would be prepared to accept, Reston’s never replied to this. After my initial defence was submitted I received a letter again asking for a payment proposal, I sent a long letter detailing all the points above and after 3 chase ups and over a month later they again have failed to reply to me. I sent 3 letters to MBNA and 2 e-mails via my account on the internet (these 2 show on the SAR paperwork), these again have not been replied to. I have been reading the lending code and No. 182 states "The subscriber should also only initiate court action to pursue the debt as a last resort and when it is appropriate and fair to do so." - this has soooooo not been followed! I think I misread the applcation form, it has been ticked in the "No" box - so no good Value when I first asked for help was approx £15k ... now with all the interest and charges they want £18k I think that's it for now Thanks for your time and help, I look forward to hearing from you. Deep-In-The-Do-Do
  8. Hi Mould, Thanks for replying. I submitted my defence at the end of September, received a letter a few days later to which I replied straight away to MBNA's solicitors - I have chased them for a reply 3 times and they haven't said a word, basically they asked for a settlement / payment proposal, I stuck to my guns and offered what I originally offered. I also went into great details as to how they have ignored my CPR requests, only sent an application form in respect of my CCA request (already posted this see # 32). They also disclosed personal correspondence to an unreleated 3rd party, they have not said why they rejected my proposal only to say it wasn't enough and still haven't told me how much they are seeking - how can I work with people like this? If they continue with the CCJ proceedings then I will be reporting them to the OFT etc. I was not aware that I had a time limit to re-submit my defence - surely someone should say something, if I had known I would have submitted another embarressed one - will this be harmful to my case? Do they need to complete the AQ as well, should I be contacting them again to negotiate or should they be contacting me, I have tried several times now and they don't seem interested in replying. I really would prefer to settle this without attending court - it all seems so unnecessary - I never tried to get out of paying my debt, I just needed time to make reduced payments. Mr SAR came back and it shows that they sought details of my mortgage/house value back in June - this was prior to the default notice being issued, premeditated I'd say! MBNA also failed to respond to my letters (big mistake as I never sent them recorded delivery, but I did make 2 requests online through "my account" and they never responded to these either - these show on my SAR paperwork, so hopefully will stand me in good stead. Is there some kind of protocol a bank should be following to help people when they ask for it? I am sure if there is they have broken every rule in the book. I am off again, rambling, but it feels good to get it all off my chest..... Looking forward to hearing from you
  9. Hi All, Today I received paperwork in response to my SAR request, nothing more than a few screen dumps and a copy of my application form, very basic stuff. I also received a letter from the court asking me to complete an Allocation Questionaire? should I be filing another, more comprehensive defence? I have had 1 letter from the DCA/solicitor asking my for a payment proposal since I filed my defence which was dated the 1st October, I replied in length with all their errors etc - to date they have ignored 3 requests for a reply - what else can I do? I would appreciate your help on what to do next
  10. Hiya, Sorry I need to be in bed by midnight or I turn into a Pumpkin The form is quite hard to read but if you blow it up 1000000% you can just about make it out. They offered what was roughly a 15% discount on the value as a F&F - I replied saying I could not afford that much but my parents have offered to loan me a figure closer to 50%, they rejected this. Sorry misread the PPI - I just saw a tick - It got my post count up though I will be back later tonight - another training day
  11. Just read all my posts - hope I haven't scared you off Look forward to hearing from you.
  12. Here we go, hopefully they work ....... me being a novice at this http://i1091.photobucket.com/albums/i389/deep_in_the_do_do/Restons_MBNA0002_Mod.jpg http://i1091.photobucket.com/albums/i389/deep_in_the_do_do/Restons_MBNA0003.jpg http://i1091.photobucket.com/albums/i389/deep_in_the_do_do/Restons_MBNA0004.jpg http://i1091.photobucket.com/albums/i389/deep_in_the_do_do/Restons_MBNA0005.jpg http://i1091.photobucket.com/albums/i389/deep_in_the_do_do/Restons_MBNA0006.jpg This is what has been sent in response to my CCA request and my CPR 31.14 request - what are the implications with regards enforcing the CCJ with this?
  13. Now that they have sent me the Application Form with my signature on, what happens next, I understand that you can't really fight your corner and get them to drop proceedings on this alone. Before they issued the CCJ proceedings I tried to negotiate a repayment plan and maintained my payments but they refused my offers point blank. Despite asking for a figure from them they never offered one - I know you said in Post 15 not to contact the Solicitors to discuss a Settlement, I feel like telling them I have made my offer and then asking what they want from me - but I won't - but if all this fails will I be stung with a big costs bill?
  14. I noticed on the Application Form that I had ticked the PPI box, should the worst happen what are my chances of reclaiming seeing as I ticked the box. Not going down this route yet for obvious reasons, but it's getting my post count up
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