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Fluffy Viper

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  1. Your paying over £9000 to Brighthouse!! I hope thats not per week. Ok,to be serious, if you start your own thread on this we can keep tabs on your story and I am sure Lefty will be along with his brilliant advice soon enough.
  2. I have been considering bankruptcy for a few weeks now as I too have no assets (rented house, car worth about £300 and nothing else) and unsecured debts of about £25k and after reading your thread I think I will go for it. It would be nice to be able to answer the phone again.
  3. Ok. Update. Went into Accrington branch to try to pay today and they put me on the phone to Blackburn. The manager there asked what days my wife works and I said that if they want new agreements signing on Saturday then we can do it next Sat as I am not working and can take my wife there and then to work. He said that was ok and asked if I knew how much to pay without the OSC. I said I didn't know the exact amount as I couldn't find one of my agreements but it would be about £36-37. He said if I paid £74 he would sort it out. This was fine for me. So they have dropped all the late payment charges and don't require me to pay the OSC for the last 2 weeks. Seems my email did the trick,or have they been reading this thread and know what good advice I have been getting. Thank you Lefty, your a star.
  4. About to send this email, any thoughts. Thank you for your letterdated 17 June 2008, unfortunately it did not arrive until Saturday morning when we were both at work. When I returned home at about 12.00pm I rang the store manager at Blackburn and apologised for not being there at 8.30. I would like to point out that we never actually agreed to be there on Saturday morning as we could not agree, on the Monday when we called in, to the additions to any new agreements to protect the "early settlement and repossesion" rights. I can understand that you will need new agreements signing but I have given you the 7 days notice for the removal of the OSC which you recieved on the 6 june 2008 which is the only requirement under your own Terms and Conditions. Section H reads "The OSC Contract shall, subject to Section D When Brighthouse May End The OSC Contract continue in force until you give 7 days notice to Brighthouse...". I therefore expect the OSC to be removed from 14 June 2008. My payment of £40 was put into Yellow money on that day which was more than enough to cover my payments without OSC and completely refused on 21 June 2008 when I tried to make a payment at Accrington. I do not accept any charges you have placed on the account for late payment and I will try to make my payment as usual this Saturday at Accrington. The reason why we have not signed new agreements yet is because it is much easier for us to call in on a Monday and impossible on a Saturday without incurring great expense (taxi fares etc), and the Blackburn manager said that we would have to make a 12 day payment if we signed new agreements on a Monday. Making a 12 day payment is not acceptable as it is beyond our financial means and goes against all your advertising of "weekly payments". If it is neccessary for us to sign new agreements on a Saturday then the earliest date we can manage this is Saturday 5 July 2008. Until then I will try to make payments as usual.
  5. Wow didnt realise that was so long, Sorry. Hope it makes sense.
  6. Hi all. Here's an update on my situation. I went into my local branch to pay again today on my way home from work and the ammount had gone up from £43 to £49 as they said there were now charges on the account due to a late payment. They have paid 3 of the accounts but not the other because I only gave them £40 last week to cover the payments without the OSC (I am not sure how much the actual ammount is because I cant find one of my agreements). They refused to take a part payment so I went home. On arriving at home I had recieved a letter from Anne Healey (customer services manager) dated 17/06 and sent first class (thanks Royal Mail). The letter states that they have recieved my letter and that my rights regarding early settlement and repossesion will be honoured. I presume that this letter attached to my agreements will suffice to cover those points as it has all the agreement numbers on it? The letter also said that they would be opening at 8.30 this morning to allow my wife to come in and sign new agreements (they are actually in her name but it is myself that deals with these issues) as I had discussed with the manager last Monday when we could sign new agreements and he had suggested opening early this morning and I said I would ask my wife if this was ok as she had left the store at this point. As he was refusing to sign my letter guaranteeing my rights I never confirmed if we would be calling on Saturday. My wife would have had to go on her own and she wouldnt do that. The reason for them offering to open early was because my wife manages a pub/restaurant which is in the middle of nowhere and not on a bus route and she starts work at 10am so to get into Blackburn sign new agreements and then get to work is virtually impossible unless she got a taxi which would cost a fortune. Anyway when I read the letter I rang the store to apologise for them us not being there even though it was not our fault. I asked the manager how much our payments would be without the OSC but he said he couldn't give me an exact ammount, "about £35" was the best I could get. I asked him about the charges and he said it was for a late payment to which I said that I had paid £40 last week which was sufficient to cover the payments without OSC and he again said that the OSC will not be removed until we sign new agreements. I pointed out that I had complied with his T&C 's which only require me to give 7 days notice and is not subject to signing new contracts. We then repeated ourselves a few times. I said I would be happy to come in Monday afternoon to sign new agreements and he just repeated what he said last Monday about having to make a 12 day payment because we were signing on a Monday ( a Merry-go-round springs to mind). I told him I had been into my local branch to make a payment and that they had refused it and he said he would ring them and tell them I could pay the £43 to which I said I wouldn't pay £43 but I would pay £36 which would cover the payments without the OSC and AGAIN he repeated that the OSC would not be removed until we had signed new agreements and if I didnt pay the full ammount I would incur more charges and the account would be in arrears. After another minute or so of us both repeating our positions he said he would speak to my wife about it as the agreements are in her name and hung up. I am going to send an email soon to Anne Healey stating what has happened and that I dont expect any charges as I have made my payments, or tried to, and that I have followed the terms of the agreements.
  7. Just printed off the HP T&C's and the OSC T&C's from the stickys so i will point out the relevant points when I go in. Unfortunately last Saturday when I paid they put it all in yellow money as it was the only way they could take it as it was classed as a part payment. That was in the Accrington branch where I usually pay and not Blackburn where the accounts are (they wont transfer them to Accrington as we are good customers and they dont want to, they might do now though). Just another question while I have it in my head. If I have 3 seperate agreements and I make a part payment why reject the whole ammount, ie why cant they pay 2 agreements in full and part on one? Of course this way they cant make 3 late payment charges but how can that be lawful. If I went in to a shop and wanted 3 items but could only pay for 2 they would at least let me pay for 2 in full rather than telling me I couldnt pay for any. Does that make sense?
  8. Thanks again Lefty. That is very useful and yes you are damn good. If it isn't sorted by Saturday do I still just pay as usual minus the OSC because I know for a fact they wont take a "part payment" as they will call it. If they dont accept it I will keep it to one side for when they will.
  9. Hi Lefty and thanks for the reply. Today I went in to BH to sign new agreements after giving notice of my cancelling the OSC and after much discussion it was agreed we would do this on Saturday (21/06). I then asked if they would have 2 copies of each of the old agreements and 2 copies each of the new agreements ready on Saturday. I then asked the manager if he would be prepared to sign my paperwork ie the letter you have put above (I took 7 copies, 2 for each of the 3 agreements and a spare) and he flatly refused saying it wasnt a proper document approved by head office. I offered him a copy to send to head office and he turned this down as well. So we both agreed that neither of us would sign each others paperwork. I have told him that I will pay as usual on Saturday minus the OSC and he said I would have to pay it as they cant remove it until I sign new agreements. They also said that signing new agreements wont affect my rights. Hmmmm. Any advice.
  10. I put this question on another thread but I thought I would start my own. I sent the OSC cancellation letter to Brighthouse Blackburn last week ( 06/06 ) and sent a copy recorded delivery to head office and a copy to Blackburn Trading Standards. I went in to the Accrington branch yesterday ( 14/06 ) where i usually pay and guess what, still wanted the full ammount. They phoned Blackburn and the man there said they hadn't taken it off yet as they required me to sign new agreements. I am going in tomorrow (16/06 ) to do this but I want to know, if I have given them their seven days notice is that my only legal requirement? Do I now not have to pay the OSC even though I have not signed new agreements (I will be getting them to sign the letter to protect my "early settlement" and "repossesion" rights etc)? Also the manager said that i would have to pay 12 days payments as no contract exists between us now, something to do with the payment time running from saturday to saturday and me signing new agreements on a monday. They wont be getting that, I will be paying as normal.
  11. Thought I would put this question on here as its relevant, if a moderator wishes to move it thats ok. I gave the letter in the post above to Brighthouse Blackburn last week (06/06/2008) and sent a copy recorded delivery to head office and a copy to Blackburn Trading Standards. I went in to the Accrington branch yesterday (14/06/2008) where i usually pay and guess what, still wanted the full ammount. They phoned Blackburn and the man there said they hadn't taken it off yet as they required me to sign new agreements. I am going in tomorrow (16/01/08) to do this but I want to know, if I have given them their seven days notice is that my only legal requirement. Do I now not have to pay the OSC even though I have not signed new agreements (I will be getting them to sign a letter to protect my "early settlement" and "repossesion" rights). Also the manager said that i would now have to pay 12 days payments as no contract exists between us now, something to do with the payment time running from saturday to saturday and me signing new agreements on a monday. They wont be getting that, I will be paying as normal.
  12. Hi. No I dont have PPI on this loan but I did on a previous loan which was paid off with this one. I am awaiting a reply from Welcome to my enquiry about a refund for this (I think they have another week). I think I will send a letter to them to clarify the situation with the payments on my current loan. Thanks for the advice. P.S. I have paid weekly since this loan began as I was paying weekly on my previous loan.
  13. Thanks Dipply. I have started a thread with this question, its on "Other Institutions", headed "Welcome Finance-Weekly payments". I would put a link here but I haven't figured out how to do that yet.
  14. I pay £50 p/w to WF (I find this much easier and Welcome gave me the option of doing this after I found monthly payments difficult on a previous loan) but my monthly payment is £200 p/m so over a year I pay £2600 whereas if I paid monthly I would pay £2400. I have missed one weekly payment but I did not incur any charges as I was in front. This also means that I will pay the loan off 3 months early over the 4 year term so will I get a reduction in interest accordingly?
  15. Hi Dipply75. I should probably start my own thread with this question but does your partners weekly payments equal his monthly one? I pay £50 p/w (I find this much easier and Welcome gave me the option of doing this after I found monthly payments difficult on a previous loan) but my monthly payment is £200 p/m so over a year I pay £2600 whereas if I paid monthly I would pay £2400. I have missed one weekly payment but I did not incur any charges as I was in front. This also means that I will pay the loan off 3 months early over the 4 year term so will I get a reduction in interest accordingly? If anyone else can comment on this please do (and if a moderator wants to put this in its own thread please do).
  16. If I was in your position I would go for it. If they mis-sold the PPI then its all your money. Tell them you want your £3k back and if they dont give in go to the FSA, its free.
  17. Hi. I also wrote to DAF to ask for my PPI refunding and recieved almost exactly the same letter ecept in my case they did not offer me anything but i think this is because I bought my car in DEC 2004 just before they became regulated by the FSA meaning i can not take my case through them. There is a thread on this section by Brooklyn who is in the same position as myself. Can I ask when you purchased your car?
  18. Since January 2005, the sale of payment protection insurance (PPI) policies has been regulated by the Financial Services Authority (FSA), but advisers selling PPI before this date, still had rules to follow. person working out calculations If the sale didn't follow the rules you may be entitled to a refund of the premiums you've paid The FSA’s rules are very clear about what firms and advisers selling PPI should do at the time the insurance is sold to you, however this will differ slightly depending on whether the sale was ‘advised’ or ‘non-advised’. Firms or advisers should have made it clear to you on which basis the sale was made. All sales All firms and advisers must do the following, whether or not the sale was ‘advised’ or ‘non-advised’. * The adviser should have made it clear that PPI was optional (if this was the case). * The adviser should have made you aware of any significant policy exclusions and checked whether any of these exclusions applied to you. * The adviser should have made it clear how much the policy would cost and whether the PPI would be paid for by a single up front premium, or by regular premiums. * If it was a single premium policy, then the adviser should have made it clear that the cost of the insurance would be added to the loan or finance agreement, and that you would pay interest on the insurance premium. * If the insurance expired before your loan or finance agreement, the adviser should have made it clear that this was the case and (in the case of single premium policies) that you would continue to pay interest on the insurance premium after the insurance had expired. If some or all of this information was not made clear to you either before or at the time you agreed to take out the insurance, then you have grounds for complaint. Sales talk The adviser might have tried to persuade you to take out PPI by saying something like “we strongly recommend that you consider taking out PPI”. If this is the case, then the sale has moved from a ‘non-advised’ to an ‘advised’ sale. If this happened to you and you did not receive a demands and needs statement (see below), then you have grounds for complaint. Advised sales There are certain additional requirements on firms and advisers that carry out ‘advised’ sales. With an advised sale the adviser must assess whether you need PPI, considering your circumstances and any existing insurance you might have. The adviser must also assess whether the policy, including its costs, meets your needs. Meeting your needs If the policy does not meet all your needs, perhaps because of one of the exclusions, the adviser must clearly tell you which of your needs the policy will not meet and must take this into account when considering whether to recommend the policy to you. With advised sales, the adviser must issue a demands and needs statement to show why a particular policy has been recommended and why it is suitable for you. Firms or advisers giving advised sales must keep records showing that a suitable recommendation was made, and recording any demands and needs that might not have been met. After the sale The company may try to wriggle out of upholding your complaint by saying that all this information was provided to you in writing after the sale. If it does do this, then don't be put off because just because information was send to you after the event, doesn't mean that the sale of the insurance followed the rules. The rules are very clear that you must be given a certain amount of information at the time you are buying the insurance so you can make an informed decision as to whether the insurance is right for you or not. If you weren't told about things like cost and policy exclusions until after you had bought the insurance then you couldn't take these things into account when make your decision. The sale of payment protection insurance wasn't regulated by the Financial Services Authority until 14 January 2005. bank statement and calculator Before January 2005 PPI sales still had rules to follow Codes of practice However, advisers selling PPI still had rules to follow. Most firms or advisers selling PPI would be covered by a code of practice imposed by one of three trade bodies: the Association of British Insurers (ABI), the General Insurance Standards Council (GISC) or the Finance and Leasing Association (FLA). All three codes of practice required advisers to provide information at the time the insurance was taken out, to help you decide if the policy was suitable for you. Essentially, advisers and firms were required to cover the same points as they do according to the current rules. No extra requirements for advice The main difference between sales before and after regulation is that all sales before regulation were 'non-advised', as the 'advised' regime didn’t come in until regulation was introduced. So, even if your policy was sold to you before 14 January 2005, if the adviser didn’t cover the points under 'all sales' on the PPI – the rules page, then you may have been mis-sold and should make a complaint.
  19. Hi Brooklyn. I have just been doing some reading on the website which explains that although we bought our cars and hence the PPI before the FSA regulations began in Jan 05 if YES belonged to one of the following bodies: the Association of British Insurers, the General Insurance Standards Council or the Finance and Leasing Association then they still had the same rules to follow according to the codes of practice of the three bodies above. We should have been told all about the PPI when it was taken out. All we need to know is if Yes(or perhaps DAF) were members of any of these bodies. (seems unlikely as cowboys aren't usually in trade associations) but if they were then it makes our case against them stronger. If anybody can answer this or has any thoughts it would help.
  20. I am sure its just the standard SAR. If you send them that they have to send ALL the information they have relating to you.
  21. Hi Brooklyn. I am in exactly the same boat as I got my car from YCC in Dec 2003 before they became regulated by the FSA. I have recently asked for my PPI to be refunded and received back exactly the same letter almost word for word. I was wondering what to do next but I think a SAR to find out what commisions were paid is the way to go. I read that advice on another site as well, I am also considering reclaiming my charges for late payments as well. I still have my car (its actually been quite good) and its piad up in January (hooray). Just to add, I bought my car in almost exactly the same circumstances as well. Got to the branch about 6pm. After choosing a car they said I could afford (a choice of 3 out of about 80) I then spent the next two hours in a small room whilst they kept returning about every 15 mins with a lower figure to persuade me to buy the the car (which i really needed as my lift to work was leaving in two days). Its funny but every figure they quoted me must have included all the OPTIONAL Insurances because the final figure they verbally quoted me was the total figure for everything on the finance agreement. Why was i never quoted a figure for the car and then the insurances separate?
  22. Got a letter from ACCRINGTON County Court on Saturday saying that my case was being stayed on the Courts own motion, (the Judge is District Judge Geddes just for reference).
  23. I am about to ask Welcome Finance for a refund of my missold PPI for a loan I took out with them in 2005. This was paid off with another loan I took out with them earlier this year. I am assuming that the whole of the PPI was paid up in full with my new loan. BUT if I am succesful and get my money refunded do I have the option of getting it in cheque form or will they automatically pay it off my current loan. I could really do with the cash. (P.S. my current loan has no PPI and I wasnt even offered it. Strange eh?).
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