Right, I have a question. I took out a loan (CCA regulated) and 2 cheques were used to pay off 2 accounts to Cabot (this was before I knew about the law). I am currently sueing them under Data Protection stuff and want to let that run its course befopre my next claim. So, as I paid for their service with my new regulated agreement and the service was unsatisfactory I feel I may be able to claim it back from either Cabot or the lender who paid them off for me. I know there is the unsatisfactory good/service clause in the CCA. anyone got any advice they can give me? Anyone seen any similar threads? Thanks. I will post anything I foind out ion this thread as I go. I plan on talking to the FSA today and also the lender to see what the "unsatifactory service claim" process would be. Just in time to send Cabot a christmas letter, may even include a chrissie card.

You can set that to any date. It determines when the refund will be paid out. If you are at the prelim stage you use the current date (date of your claim) if you are calculating what they owe you then add 7 - 10 days to it to allow for the cheque to appear.

That letter sounds more like it came from Cabot than an "independant" body.

I would put the claim date on the sheet. Is it in the first "notes" sheet you are entering it?

Remember, you must take control of this and be firm. Do not accept any rubbish from these people (Ratio included).

In respect to ratio, if you have only authorised them to act on your behalf, then simply send them a letter saying you no longer give them permission. their website says they are registered with the ICO for Data Protection so they have to do what you tell them in regard to your data. I would probably keep information about your current situation in a seperate letter so they don't ignore 1 issue and just focus on the other. Does your agreement actually say it is unregulated? and I would check with the FSA (it is a quick 5 minute phone call) to see where unregulated agreements stand. Good luck and keep us posted.

Have a read at this other helpful site, it has info about PPI and retirement age... come back to use when you have drafted (modified the template) a letter and we can help some more PPI Reclaiming Guide: Free template letters to get £1,000s back on loan insurance...

I think there is some information in the site about being mis-sold PPI if it runs into your pensionable age as they should not have sold it to you if it goes beyond that. I will see what I can find but I am sure someone with more knowledge will be along very soon.

Yes, 5 years in Scotland so another one lost by Cabot. Did you see the wording in their letter implied that someone would "call" ie on the phone or maybe even a chap at the door. they really do prey on people...... Have a good Christmas. If they or anyone else writes again just send them a CCA letter and enclose details of statue barred time limits. You may want to mention the Cabot Fan club are assisting you too, they may then realise what chances they have.

I would complain to the ICO and copy them on the letter. It will probably take the same length of time as the court but not cost anything.

I would also ask for a copy of the deed of assignment. The one I got for my MBNA account was based on Irish law and had some very big holes in it. Ask Arrow what type of assignment took place as it may mean they have to actually raise court papers in both their name and the original creditors. As Rory says post up the Particular of Claim for us to see and comment on. you could also ask for a stay to allow you and Arrow time to obtain all of the required paperwork, ie SAR response (send one now) and the CCA and Deed of Assignemnt details. May give you a little more "study" time.

I did a google for "fsa unregulated agreement " and got some interesting things. his dual regulation stuff keeps poping up 9.1 The dual regulation issue One key provision of the CCA 2006 is the abolition of the £25,000 upper financial limit for CCA loans. This provision will be implemented in April 2008. This raises serious problems of dual regulation ie some mortgage loans will be caught by both the CCA and the Financial Services and Markets Act 2000 (FSMA). Also many existing unregulated mortgage loans and possibly many FSMA regulated loans will be caught by CCA regulation when the loans are subject to a range of quite routine variations. Financial Services Regulation Update 10 July 2007 - TLT Solicitors http://www.cml.org.uk/cml/filegrab/pdf_mbr_circs_2164-att1.pdf.pdf?ref=4111 Consumer Credit Act 2006 – concerns for mortgage lenders - MFG :: Legal - Mortgage Finance Gazette UK

I think it may be that an unregulated agreement is still regulated by the FSA, it is worth giving them a call tomorrow to find out. I will keep digging to see what I can find.....

pm your info to me and i can fill it in for you Date agreement signed Amount of ppi Apr If settled then the date it settled Was t said of with another loan? If yes then all the above for that too. I can them talk you through what i did.

not sure how it works when it is unregulated. Does it make it better or worse for the debtor? I know Blackhorse refused to in above 25k but not sure why.

oops double post.

I cannot anser the interest question but I think you need to call them to task on this infront of the judge. Have you SAR'd and CCA'd Arrow? If not go do it urgently. Are their any unlawful charges for missed payment or late payments on the account when you used it? If there were you can put in a counter claim for them. MBNA are likly not to have the agreement and will rely on a copy of an application form, this will make the debt unenforceable even by a judge. Did you have the Payment Protection Insurance on the card and was that mis-sold to you? if it was then again this can be in the counter defence. you are in good hands here, give us as much info as you can.

Is this the name of the company ratiomoney.co.uk? EDIT - Commercial Link removed A quote from their site " Ratio Money only charge a FLAT 20% on completion of your claim. We also offer a Price Promise call for details. " They also say "We also offer a Price Promise we will beat any competitor by 1% and we do not keep your interest*!" Can you chalenge this and say you are their competitor and charge a fee of 0% therefore they are no longer needed. Or get a friend to offer, in writing, to do it for 1% and they would then have to do it for free!!!! Very important for us to know if you signed a contract and can you take back control.

it has been asked before but have you signed a contract with this "ambulance chaser", can you have them pass it back to you? No point giving them some of your money when it is your after all..

calendar days

Thanks for confirming, now we just need someone to pick holes in the paperwork.

They simply don't pass on a change in interest rate in a timely manner (or if it goes up do it the same day it changes) and add a few 0.1's to an overdraft APR or loan APR . They will pass this to the consumer very easily. They will all (the banking insustry) work together to prtect their investors. Just my 2p. (or is it 2.1p)

If they have passed the debt to someone else then surely what ever agreement you had with the original creditor must be transferred too. the debt has not been sold due to non payment. I am with Seahorse on this one. Not the typical Cabot account . did Cabot send you a "welcome" letter and a "goodbye" letter from the original creditor? Have cabot told you to contact them to agree payments? You will need to check if Cabot are recording anything on your credit file, they generally file a default as a matter of course. I would do as Curleyben advised but also check who regulated Amberloan and may raise a complaint with them as this does not seam correct. Cabot are a DCA debt collection company, they are not you typical "lender" and a stigma is attached to them. does the "welcome" letter mention who you have to pay your money to? Was it Cabot Financial Europe Ltd they are very different from the main company cabot Financial UK Ltd) ? or is it one of their other subsiduary companies? Are Cabot branching out into a new market? or are Amberloan doing the dirty on you!!!!! Keep us posted and we can help you handle them. when was the loan taken out? the older the loan the more likly the paperwork will not be in order.

Well done on your seccess. I would personnaly not trust them to calculate the amount. you can use the standard bank charge spread sheet to calculate the figure for you. simply enter the amount of the PPI when the loan started in the charges field in the sheet, and the date it started then change the interest rate to the APR you were charged and it will calculate the amount + Contractual for you.

I was struggling to find an answer to this question when I started looking and thought it worth a post of it own. I took out a loan in Sep 1999 and sent a letter to cancel the PPI in Jan 2000 and was told no you cant it is out with the 30 day cancellation period. I then sent them a copy of both letters and they have agreed to refund in full from the date I cancelled. They plan on paying me contractual interest from my cancellation request until settlement then 8% from then on BUT I have now calculated the refund (and faxed my figures to them) and worked it out using the CI through the loan and then CI through the second loan I took with them to settle the first loan and then CI through the third loan I took with them to settle the second loan and then CI through the forth loan I took with them to settle the third loan ( I paid off the fourth loan with bank charge refunds from Nationwide and Blackhorse)and then 8% for the remainder upto the date of refund (all these CI added £800 to the total.