Re: PPI - Spoken with FOS who will contact the mortgage broker on my behalf (who've gone bust) - which will take approx 2yrs to conclude.

Re: Excessive charges,

FOS are also backing the companies that show if they contacted you at the time of the charge being implimented, then that shows proof of limitation.

My argument is no-one complained at that time as no-one was aware these charges were excessive!

I had already stated in my letter of complaint that I became aware in Sept. this year; which should give me 3 years from then.

The 'copies' of the letters they say they sent to me at the time; wasn't even on headed paper - am I expected to believe that as authentic?!

Ok, Acenden state they weren't party to any discussion surrounding PPI and have referred my claim to Infinite Mortgage Solutions - the broker. Is this correct? They have also forwarded my claim on to them.

Re: the mortgage charges I bought their attention to the above and am waiting to hear back.

Many thanks, we were caught up in the whole GMAC fiasco re. mistreating of mortgage customers - for which they were fined. we've since moved from that address and are now seeking redress for the charges they imposed on us back then.

Can Acenden refer a PPI claim I've issued against Preferred, to the originating company Infinite Mortgages?

Have received a letter from Acenden stating my claim is out of time.

Mortgage redeemed in 2006, but I only found out about mortgage arrears claim back after browsing for PPI information.

Could I use this in my follow-up letter

- as they consider it to be 'inappropriate to consider any fees applied to an account over 6yrs old!'

Any advice on how to word this 'appropriately'.....

great, thanks, found the letter in the debts section

sorry, it's been a while what is CCA?

me probably, but I really can't remember, so I should seek a sars I guess to see the paperwork

Hi,

yes I submitted the ombudsman questionnaire.

I don't have the original paperwork,

so went with the statements that

'we were not given correct info',

'not sold in our best interests',

'would like to have been given oppotunity to shop around',

and

'sales person did not state it was optional'.

They came back with

'application submitted by post and after reviewing documentation they state it accurately described

the scope of the policy and was sufficient to provide all info. necessary to inform of T&Cs'.

Should I ask them for further proof of this?

and will 'cancellation' of the policy trigger a refund of premiums paid?

Thanks

Hi everyone,

received a rejection letter a couple of months ago.

Just looked at it again and it states PPI was still active on the account and to contact them if we wanted to cancel.

We've not used this cc for years.

Does this mean we'll receive a refund of the premiums we've paid through cancellation of the policy?

hi, & thanks, will stay clear - some scary stuff going on! I feel for you...

in your opinion, are all the log book loan companies like this? I'm desperately in need of quick cash and have contacted a few on-line, now i'm terrified of doing so, can you recommend a decent company?

Hi,

Wrote to Citi again, outlining the fact that if they hadn't applied charges to original amount then I wouldn't have paid so much back to Hillesden.

Received 2nd reply basically reiterating what they said before as follows:

...You advise in your letter you have been charged xxxx if we consider that the OFT have advised a fair charge to be £12 then the amount that should have been charged in this scenario, assuming the charges applied were £25 each, was xxxx. This leaves xxxx in question, however, in your case I have found that the balance on the account when the account was sold to Hillesden was xxxx. this means that whilst you may have paid some charges during the course of your account, in effect you have not paid the sum to us that you are claiming. In any court Citi woul asert that the sum representing the charges, though levied onto the account remained unsatisfied.

The press coverage on the OFT report gives the impressions that all charges are unlawful and recoverable. This is incorrect and also entirely superficial. If fails to address cases such as yours where you conveniently overlook the fact of significant non-payment . Neither Citi nor a court will do so....

It goes on to repeat what I posted previously. My question is 'is this true? I know I've been advised previously to issue my claim, but against whom?

Hi Shaftsman,

Send the Subject Access Request letter to Citi preferably recorded delivery and enclose £10

Have a read of the step-by-step guide on the info pages, whilst your waiting for it to arrive, it will all become clear.

If there's a debt collecting agency involved I would send them a CCA let (in the 'debt forum'), to make sure everything's above board.

Hi debbi..

Hillesden have confirmed in writing they haven't put any charges since they took over. They've responded to my cca request - saying they'll request it from Citi but it could take up to 8wks - which has long gone! I've also sent the non-compliance letter about two weeks ago.

I can't make out your last sentence... If you've sent Citi the S.A.R they have to comply - just send the non-compliance let. They do take ages though and may request further info from you re. your id. which is complete nonsense and timewasting especially if your a/c is still open. Keep me posted.

I'm about to issue MCOL against Citi

cheers Rhia, that's what I thought. I've got 4 claims on-going at present; and this is the trickiest, taking up alot time, did'nt realise it would be so TIRING.

This is an interesting thread, but i'm still in a dilema how to proceed with my claim against Cit as they've responded to my lba with this para on the the end of the letter;

'I am unable to agree to refund any such monies. Furthermore, if you have paid any sumson a sold debt to a debt agency, itmust be aparent that you have paid a thrid party and not my client, therefore you have no claim to recover sums paid to a third party from my client.'

yet, i've cc'd the DCA (hillesden) in on all the letters sent to Citi and their response is 'we have forwarded your request and original letter direct to our client citifinancial. They will investigate your enquiry and will respond directly to you with regards this matter.

So it seems as far as the DCA is concerned they don't own the debt that Citi say they do. So I think i'll proceed with the mcol now.

my debt at 'charge off' was £1141, charges amount to £750, i've paid £1027 to DCA to date

Hi folks,

received list of charges rather than subject access request ast week. Trying to make sense of it all.

please correct me if i'm wrong, but....

'membership fee assessed' - i presume is my monthly dd - oh no.. hold on a minute that's further down under 'direct debit payment' hhmm

'cahoot extras premium' - which I didn't ask for - lots of those.. two in one day even..hhhmmm

'billed finance charges' & billed deferred charges '- this is a new... what's that for??

'overlimit charge assessment' - that's more like it - plain english!!

If these are familiar to any bods out there, please provide explanations. 'else i'll be tempted to claim the lot!!

Hi folks,

quote from letter received by Citi

'despite the fact that you may have paid default fees thorughout the account's life, the fact remains that you owed my client more than you have claimed back at the date of charge off(I presume this was when it was transferred to Hillesden). Earlier repayments do not warrant treating those monies paid as somehow a debt due to you, conveniently ignoring the later debt due to my client(what's he talking about!!!) as a result, to 'refund' anything would allow you to profit from your own default. I am therefore unable to agree to refund any such monies. Furthermore, if you have paid any sums on a sold debt to a debt agency, (i have kept Hillesden informed every step of the way, and all they do is respond by letter saying they will refer to Citi - this does'nt seem the actions of a sold debt to me!!) it must be apparent that you have paid a third party and not my client, therefore you have no claim to recover sums paid to a third party from my client'

so he's effectively saying they're treating the a/c as a loss and that the debt agency is now responsible. I have paid back all but 1 payment re. this debt.

How do I respond to this?

ok gizmo, haven't got info. re. charges on me at present; but if the charges are more than the debt, surely this is grounds to stop payment to DCA - as I would expect Citi to pay them directly or wipe out the debt.

Will post again this evening with further info.

Thanks Enron, would it be helpful if I posted the letter on site? I'd really like to draft a stinging reply to their letter; then proceed to MCOL - or am I just wasting my time.

Hiya,

At MCOL stage,

response to LBA received, the tone was really awful & upsetting! hubby had to calm me down and put into perspective, made me realise it's not personal, standard let etc.

Basically states, they'll defend in Salford; they've won previously; I can't profit from monies not already paid blah blah, blah..

My question is: where do I stand re. the debt collection agency involvement (I have cc'd them into all correspondence with Citi) as Citi claim they are now longer liable if I've paid monies elsewhere

Yes, claim it back - I'm surprised it's such a low sum! compared to some

mmm... i'm still none the wiser, but if it means the possibility of bankruptcy, then I know she won't go ahead.

Then again.... can a 'bankrupt' pursue charges?

Thanks guys & gals.