@renegadeimp Thanks for your reply. For the record, there have been no threats. My brother has used a speakerphone and I've listened to each call. They've been handled in much the same way as any other call centre. Re. the default, we've checked his credit report and the date of default is 28/11/2008 which is when the pay day loan should have been repaid. Technically, I cannot see that they have done anything wrong (as yet...!) @fletch70 - As above, thanks for the reply. I'm not really sure if it is a fraudulent application. It's been six years and my brother cannot remember if he took out a pay day loan then or not. The reason we're skeptical about this is a) the erroneous date of birth on file and b) the Natwest account. What is most annoying is the absence of any search for him on the credit agencies. In all of the time since this pay day loan was taken out there hasn't been one search in relation to any of this.

Hi All My brother received a letter from MMF a few weeks ago about a debt with Pounds Till Payday. The original amount was taken out in November 2008. It was scheduled for a doorstep visit, etc. Having spoken to them and verified his identity, they discovered that his date of birth on file was incorrect. They explained what the debt was, etc. and he asked for more information to be sent out. The account was put on hold. They had an email address for him that he hasn't used in years and is, AFAIK, defunct. Don't get me wrong, my brother has had debts and he's paid them off. Anyway, we checked his credit report and it had no record of MMF on it at all. No searches, no associate searches, etc. Nothing. No defaults. He explained this to MMF and asked why he hadn't received the information he'd requested, etc. They said they would email it to him. The next day, a default was registered on his credit report with MMF for the amount in question, etc. He has received the information he requested and there are some issues. There is no date of birth on the credit agreement but it does have his name and NI number. The loan was paid into a NatWest account but he hasn't had a NatWest account since he was 8 years old and was collecting the piggy banks. The address on the credit agreement is one that he had moved out of 3 months earlier. He was living in England at the time. More significantly, he moved to Scotland in June 2009. AIUI, the debt (if it is his) should be statute barred as it's now past 5 years. Indeed, under Scots law it no longer exists. However, the credit agreement specifically states that it is governed by English law. So, I throw this over to all of you for some advice.

Morning All A situation's cropped up that I can't quite get to the bottom of. Any advice would be welcome. As a discharged bankrupt I complained about PPI to my creditors. The Accountant in Bankruptcy was fully aware of this and supported it. I reclaimed over £10,000. I've recently had letters from MBNA with further redress. Obviously, as a bankrupt, the money was sent to my Trustee, etc. Some of the refunds (such as those from MBNA) took account of tax on the 8% interest. Others (a big chunk of the debts) did not. They paid gross. I'm now self-employed while I await surgery. I certainly don't earn a fortune. How do the tax arrangements work out for a discharged bankrupt who has never received the redress in the first place? Any help would be good. Thanks

Afternoon all Long time no speak! To bring you up to speed on this one, I challenged the offer that made (£60) and asked for information on how it was calculated, etc. I also pointed out that the calculation didn't appear to make use of the information that: a) M&S had in its possession (ie., credit profile, history, highest balances, etc.) b) Information that I had sent c) Explicit guidance from the Ombudsman about what a company should do if it doesn't have all of the information it needs, ie., look at what other poeple did with their accounts at that time, ask the customer for evidence, cheque books, etc. M&S eventually came back with an offer that as significantly less than the original. The offer was £3. Yes, £3. Given that the highest balance on the account as £3800 and the PPI on that alone would be £24.32, I'm not really sure why M& S are surprised that I said no. a couple of things have happened. Firstly, in their letter, M&S explained that they no longer have the calculations from their original offer in July 2012 so have had to recalculate things and the rules have changed. The problem with this is that there was NO offer in July 2012. I didn't receive an offer until December 2013. M&S rejected the complaint in May 2012 and it was sent to the Ombudsman in July 2012. When I last spoke to the Ombudsman about this there was quite a bit of 'errrr' and 'ummmm' and 'hmmmm'. Secondly, I managed to cajole the chap who is looking after my case and asked him, bluntly, how he thinks my case will go, ie., my favour or that of M&S. No surprise, he said that he couldn't say until he looked at everything (he's had bloody long enough as it is!) However, he did say that the one thing that stuck out in his mind is that M&S sent a lot of information, including the highest balances, the credit limits, etc. He said that M&S would not give a credit limit of £5000 to somebody who only had a balance of £9.33 on their card. Lastly, and this is where I hope that some of you on here can help out, M&S sent on a list of calculations. It shows the following: Statement Date >>>> Balance >>>> Interest >>>> APR >>>> PPI Premium Transactions For every month from October 1986 it has calculated that the balance each month was £9.33, the interest was £0.14 and the PPI Premium was £0.07 The APR throughout was 18.90% Obviously M&S have had to work backwards, etc. but how have they done this? I don't know if the balance (£9.33) includes the interest and PPI or not. The only figures that I know are correct on this are £0.07 in PPI premiums and the APR of 18.90%. I know that PPI was charged at 64p per £100. The way that I have looked at this is: £9.33 is 9.33% of £100. If PPI was levied at 64p per pound, then 9.33% of 64p is 0.059 (0.06 rounded up) That's close enough to the 7p PPI Premium said to have been paid, but is this correct? Any advice would be useful as I intend submitting a detailed breakdown of costs, etc. to the Ombudsman based upon what information is known. Thanks all.

@ims21 - Thanks for the advice! Will keep you posted

Hi ims21 Yes, the reply is from an adjudicator. The letter is very reasonable and explains that due to Christmas, etc. staff are away, etc. so he will contact me in the first week or so of January to give me time to consider everything. Out of interest, do you have any advice on how to proceed? M&S have used 7p as a constant despite records to contrary - the PPI premium on the highest balance alone was £26 and I'm pretty sure that I didn't manage to spend £3800 in one month at M&S...! Is it worth me calculating an average to use as an example?

It's been sometime (and I had to search for this thread) but I've finally had progress on this complaint. I'll give a brief recap... 1) Submitted a complaint to M&S stating that the PPI on an M&S Chargecard was mis-sold. Reasons included being in a protected job (working for the NHS), extensive savings, reasonable pay and benefits packages, etc. as well as never having claimed on the policy because I wasn't aware of it. This was in Spring 2012. 2) M&S rejected the complaint for a host of reasons that don't hold water. They had not actually bothered to read the particulars of the complaint. 3) Forwarded complaint to FOS in mid-2012. 4) Today, I received an offer of... £60 Yes, you read that correctly. The letter from the FOS states that M&S no longer have records and can only base the calculation on the information they have to hand. The last premium paid towards PPI was for 7p. According to the FOS this figure has been used "as a constant" to calculate redress to 1986. I can accept the logic of the position taken by both the FOS and M&S. What I cannot accept, however, is that they appear to put little effort into this process. I had the common sense to request a SAR. This provided me with ample information including the highest balance on the account (£3800 approx). This information was sent to me by M&S and I quoted it and sent copies of it to both M&S and the FOS in my complaints. I also sent copies of cheque books showing amounts drawn against my account to pay M&S Financial Services for amounts that were 5% of the outstanding balance. (Before anybody asks, 5% of £3800 is £190, etc. and these figures reflect the little information that M&S was in a position to supply and they tie in with the cheque books). The FOS and M&S have, by all accounts, failed to consider other information provided by myself. I appreciate that while the cheque books may not be considered reliable, the figures from the M&S system itself should be. Needless to say, I shall be spending some of the festive season penning a response to the FOS, pointing out the failings in the process, and rejecting the offer. Will keep you all informed!

Hi all - hoping somebody might be able to help out here. My parents submitted PPI claims to Lloyds for 3 loans - 2 were taken out in February 1997 and 1 was in March 1999. All three loans were paid off in July 2000 when my father retired and they moved house, etc. The loans were paid. Settled. Finished. No rollover into other loans, no pay off the mortgage and the loans together. They were paid off! Anyway, so far one of the 1997 loans and the 1999 loan has been upheld and and they received payment for the 1999 loan last week. We're a little concerned over the figures. They are as follows: A - Original cost of the single premium PPI £535.31 B - Number of monthly payments (contractual) 60 C - Actual number of payments made 15 D - Total value of monthly premiums paid £101.80 E - Interest applied to premiums paid due to it being added to the loan £83.80 F - Total cost of policy (D+E) £185.60 G - N/A H - Excess Balance and Interest. This is an additional payment to cover the extra amounts you paid when you refinanced your loan/PPI. The outstanding balance on the loan you refinanced was higher because you had PPI so you had to take out a larger loan and paid more interest when making your repayments on the next loan. £159.95 I - Other indirect losses - N/A J - Insurance rebates, previous refunds of PPI and previous successful claims £0.00 K - Total adjustments (H+I+J) £159.95 L - Net refund due £345.55 M - 8% per annum simple interest on L £365.58 N - Gross refund £711.13 Now then... my parents do not know the exact details of the loan. A SAR request showed a loan of £6000 but what the terms, repayment details, etc were is anybody's guess. We'll just take their word for it. What they do know for certain, however, is that they did NOT refinance the loan. They paid it off. They used money from retirement and selling the house, etc. Can anybody suggest whether they have seen something similar to this on their offers? There is another issue too. Presumably, as my parents paid the loan early, they would have had a rebate on the PPI loan. However, this isn't featured on the calculation (J). Any ideas on this? How should we proceed next? Lloyds paid the money to their account directly a few days ago (they hadn't even received the calculations yet). Should my folks query a) the refinancing issue; and b) the rebate? Thanks in advance

Hi all I'm hoping that some of the people around here may be able to help on this. I'm after details of the packaged bank accounts that Lloyds (and Lloyds TSB) has sold. I know that in the past these have included Select, Silver, Gold, Platinum and Premier but I would like more information: Does anybody know when Lloyds introduced packaged bank accounts? Does anybody have any details (such as what they offered, etc.) of these packaged accounts from when they were first introduced, etc. or after? Is there anywhere to obtain this information that anybody knows of (other than from Lloyds!) Any help appreciated! Thanks.

Having reclaimed successfully a number of PPI policies I should know the answer to this but... I'm looking through various loan documents for my cousin. One loan in particular is niggling me (I think I'm expecting there to be something that there isn't). The loan was taken out in 2003. The loan clearly sets out the following information: Amount of credit: £6000 PPI: £1065.47 Total Loan: £7065.47 Monthly repayment (credit): 158.71 Monthly repayment (PPI): £28.18 Monthly repayment (Total): £186.89 It shows an an APR of 12.9% Nowhere on the agreement does it contain the following: Charge/interest for credit Charge/interest for PPI Charge/interest (for both) Total overall to be paid by customer I think I've looked over too many loan documents and agreements and have reached the stage where I expect something to be there/I'm used to seeing something there. So my question is - does the credit agreement have to show/set out the total costs (such as interest/charge for credit) and total amount payable by the consumer (ie., loan, PPI, interest, etc. at the end of 48 months)? I don't know why this is annoying me so much!

Happy New Year everyone. I could do with some advice regarding an apparent breach of the DPA. Last year my father sent a SAR to MBNA with a view to reclaiming PPI. MBNA informed my father that they had no information, etc. and he'd never had an account with them. My father complained to the Information Commissioner and provided dates for the accounts, account numbers etc. In September, the ICO ruled in my father's favour and lo and behold MBNA refunded 5k in PPI. In November, I sent a SAR to MBNA for my information. I received their package today and contained within it were letters between MBNA and my father, and MBNA and the ICO in respect of my fathers complaint. Obviously I've made my father aware of what's happened today. Any advice on what to do next? Should my father and I contact MBNA or should we contact the case handler for my father's complain? Much obliged!

Hi all I'm hoping somebody might be able help out here. Does anybody have copy of the Terms and Conditions, Policy documents, exclusions, etc. for a Lloyds TSB Fixed Rate Personal Loan with Insurance? I'm particularly interested in the period 1995 to 2000. Lloyds confirmed he existence of loans, etc. in a SAR but due to the passage of time, etc. couldn't provided loan documents and so on. I've got a strong case against them but something has just come to my attention regarding unemployment and retirement. Any help would be appreciated. Si

The OH sent a SAR to M&S. Their reply said the accounts (1 x Personal Reserve and 1 x Budgetcard) were closed a long time ago (2000) and they no longer had any records. The OH sent a reply arguing that they still had my records (from an account opened in 1986 and closed in 2000). Demanded that they send the necessary information. Eventually M&S sent some information printed from their computer system (including name, address, marital status, home and work telephone numbers, occupation, bank account number and sort code). They also sent a reconstituted agreement and application for the Personal Reserve account (but not the Budgetcard). The form contained the OH name, address and date of birth. Everything else was left blank (despite having the necessary information on their computer systems). As part of the agreement and its terms/conditions, it refers to the complaints procedure. To complain about PPI the agreement refers the debtor (my OH) to the GISC. To complain about any other aspect of the Personal Reserve my OH should refer to the Financial Ombudsman. I know that Carey v HSBC allows for reconstituted documents. However, the accounts were opened in the mid 1990s and closed in 2000. The GISC and the FOS did not have responsibility/come into being until 2001. Any advice as to how to respond to M&S given they say that the OH agreed to something in the mid 1990s that did not exist until 6 or 7 years later...?

Just had a quick look: the card expired in May 1997 (and the receipts were from May and August 1996). Anything around that time or earlier would be useful if anybody has anything. At the moment I'm just looking to prove that a) I had the account and b) the numbers were used by MBNA

Does anybody have a contact email for Barclays Partner Finance? If possible the Managing Director would be good. Have just phoned up for a settlement figure only to be told that it's significantly more than the current outstanding balance on the account...

Hi all I could use a little help. I'm trying to prove that I held an account with MBNA (obviously I don't have records anymore) and have come across an old credit card receipt. It has the entire 16-digit PAN on it and I know that the first 6 digits are the Bank Identification Number. I've looked up on www.bindb.com and it confirms it's a prefix for a Mastercard by MBNA. The code is 544182 Does anybody else have any recollection/knowledge of cards being issued by MBNA that began with these numbers? The chances are that it will date from the mid- to late-1990s. Thanks all

@ims21 Thanks very much. Out of interest who should I write to? HFC/Beneficial as the original provider or to Marbles who assumed responsibility and are awaiting a response from the HFC/Beneficial?

In early April my parents submitted a PPI complaint to HFC/Beneficial for an old credit card they had, citing the usual grounds for misselling. As usual, they'd sent the form via Recorded Delivery and knew that it had been received. After 4 weeks they hadn't heard anything by way of an acknowledgement/reference number so contacted HFC. I'm not sure how of the exact route but they were told that they did not know anything about it (despite having a receipt showing who had signed for it, when, etc., etc.) When it was explained that it was PPI for a credit card they were told to call another number. This put them through to John Lewis, who they never had a card with. After explaining the situation John Lewis told them to contact Marbles. Marbles (thankfully) were helpful and said that my parents were right to contact HFC/Beneficial as they were the company that sold the card/PPI in the first instance and retained the documents. Marbles provided a reference number and said they would look into it. Today, they called Marbles and explained that they had heard nothing from them and that it was now in the 9th week. They confirmed that nothing had been heard about it as yet and suggested they call back in 2 weeks. Alternatively, they could contact the Ombudsman. Does anybody have any knowledge of HFC/Beneficial at the moment? Are they experiencing delays/problems or is it just incompetence? Any advice and information would be useful. Thanks

A follow up question: The eight weeks have expired and you've been told something has been posted out to you. How long should you allow for posting? I know that many on here refer to 40 days for a SAR, plus 2 for posting, but what is the actual position on this? Is it eight weeks for a PPI response plus 2 days for posting? If so, is this a legal requirement or something that's just 'standard'?

I'll have an update on this in the next week or two (it got rejected by Black Horse initially because the Ombudsman's information wasn't clearly explained). In the meantime... two questions for you: 1) Seems daft to ask, but on a car finance agreement do you have a cooling off period in which to reconsider and cancel? 2) Does the customer copy of the finance agreement have to be identical to the finance company's copy? For example, if there is a declaration/statement and a set of options that must be ticked on the finance company's copy, does this also have to be included on the customer's copy? If there's a legal requirement I'd be grateful if somebody could point me in the right direction.

@ims21 - Thanks for confirming what I thought.

Hi all This has been a bone of contention between myself and a number of companies over the last year or so. Does anybody know at what point the 8-week timeframe for responding to a complaint begins? Is it when they receive the complaint? Or is it when you date the complaint and the post it? (I can't see that being right, but you never know). The reason I ask is that repeatedly I've had arguments with the banks/finance companies over when they have to respond by. They say that as the complaint isn't necessarily scanned into the computer for a day or two, it's not until then. Of course, some say that it's not until they've acknowledged receipt of the questionnaire. I've taken to complaining to the FOS first and having a reference number on file before submitting the questionnaire.

@Brigadier2JCS - Thanks for the advice. Am looking around for info. to clarify the situation. The minimum requirement for residence doesn't seem to be an issue. @sequenci - You re-posted your earlier comment. I was hoping that you could offer some advice on how to approach the issue if Rockwell deny it's statute barred and persist in chasing my brother.

@squenci: Thanks for confirming. Strikes me that nobody at any of the businesses involved could be bothered to do a simple address or credit check and write a letter. They waited until my brother go in touch and thought they'd have a go. I've already drafted a letter to Rockwell stating that the debt is statute-barred, etc. but doubt that they will listen. Any advice on how to go about telling them to sod off if they persist?

Hello all If the title seems obscure, I'm sorry, but I'll keep this as short as possible! 1) My brother (yes, it really is my brother and not a euphemism for me!) was living in the South East in 2003 and took out a Capital One card. Eventually, he fell behind and defaulted on the card. 2) In 2005, Buchanan Clark and Wells approached him and arranged monthly repayments of £36 on the account. He made these until October 2006. He believed the debt was settled. 3) In 2010, my brother moved to Scotland, where he's been on the electoral roll ever since. In that time, no company representing Capital One has chased him for any debt. 4) In February 2012, he sent a SAR to Capital One believing that there may have been PPI on any accounts that he may have held with them. There wasn't. It included letters from Buchanan Clerk and Wells regarding the debt and payments. It also stated that in April 2007 the debt was sold by Capital One to Arrow Global. 5) Last week, he received a letter from Rockwell, on behalf of Arrow Global (who took over from Capital One) seeking payment of £119 on the outstanding balance. My brother thought that the account was settled in October 2006. 6) Today, he spoke with Rockwell and explained that he had no knowledge of the debt and that if it did exist then it was statute barred. Rockwell told him that the address on the account was in England (2003 when the account opened, 2004 when defaulted, 2005 when with BCW and 2006 when the final payment was made) and that it wasn't statute barred. He explained that a) he's been living in Scotland for the last two and a bit years; b) at no time did Capital One contact him between October 2006 and now; c) at no time has Arrow Global contacted him between October 2006 and now; d) there is no reference to any debt to Capital One, Arrow Global or Rockwell on his credit reports with Experian and Equifax. So, a little advice would be useful here: there has been no effort to contact my brother regarding the debt for more than 5 years since the last payment was made to the account. He no longer lives at the address in England where the account was taken out (and hasn't for some time before moving to Scotland). He now lives in Scotland. Does he fall under the jurisdiction of Scots law and is the debt statute barred? I believe it's statute-barred and so does he. To support our argument, he recently received a letter from CapQuest chasing a debt with M&S Money from 2003 (the date of the last payment). He knew nothing about this and believes his ex may have used the card after they separated. CapQuest bought the debt in January 2006. When he wrote to them, he explained that he knew nothing of it and stated that it was statute-barred. They agreed and closed the file/account.