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hellhasnofury

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Everything posted by hellhasnofury

  1. Hello Kgrant, Welcome to the ppi forum:D During my time of the site, I have been educated into varying aspects of the consumer legislation. I feel it is important to cover all aspects of consumer rights when requesting back your mis-sold ppi, ppi interest and statutory interest to boot. To hit them where it really hurts and make them sit up to attention, I believe there are 3 important areas to challange them on:D. 1. Mis-sold ppi 2. The actual credit agreement:D 3. Any commission based payments:D Here is a link to a very interest topic regarding credit agreements. It is extremely interesting when you then apply it to your own credit agreement:D Multiple agreements falling within section 18 CCA 1974 Any questions just ask:D
  2. Hello Jogs, Looking good so far:D This is the second Lloyds good will offer via the FOS I have seen. Can you tell me the full loan details. Amount of loan £5,000 Amount of ppi £1,172 Interest applied to loan ???????? Total payable ????????????? Monthly payments ?????????? over ???????term I see that you are going for compound interest with your figures, but I need to have a look at all the figures, to check this for you:D
  3. Hello Dondon, This is looking very good for you:D They do not admit any fault, but they know they are well and truely stuffed, so will cough up the coffers:D Well done:D Keep us posted
  4. Well ark at you AA site team:-D About time there was someone looking out for the ppi forum:-D I salute you well done and well deserved:-D Ronvin you sleep on it8-)
  5. Hello Underdog, You are more than welcome. I have posted a link to my lastest success may be helpful to you. Oh dear, what did I find on my Abbey loan agreements
  6. They then sent me a rather bias questionaire, which I did not fill all of it in:rolleyes: I sent them this covering letter with the questionaire:grin: COMPLAINT Dear Mr xxx, Your Ref xxxxx &xxxx & xxxxx Please refer to this covering letter for further information relating to my complaint regarding payment protection insurance applied to the above loans. As stated, I am not prepared to supply your company with any telephone numbers for a point of contact. I am not prepared to discuss these matters over the telephone and request that your company correspond in writing only. Section 1 Q1 and Q2 My occupation is a full time xxxxxx, I have been employed by the National Health Service for approximately the last 32yrs, without a break in service. I have been employed with xxxxxas a xxxxx since May xxxx, working full time (37 1/2hrs per week. Working for the NHS, I have very little or no risk of redundancy and would receive a generous sick pay package for 6 months if required. Therefore I had no need to have payment protection insurance and would not have requested these insurances, had I been given the option, by your Company. Section 2 Q3 and Q3 Married with one child. Q5 a) Approximate earnings to the household was £52,000. b) I do think it is of any relevance to provide details of expenditure of my household, for investigation of my complaint regarding the appliance of ppi to 3 personal loans taken with your Company. Section 3 Q6 Again, I think this question is not of any relevance to my complaint, although I can confirm that I have always had life insurance cover, a generous sick pay package as an employee of the National Health Service and a generous National Health Service pension. Q7 I would presume that each loan when refinanced, the payment protection was automatically cancelled and a rebate of the ppi and ppi interest was have been rebated into the outstanding balance of the loans. I require to be provided with information regarding a breakdown of the figures calculated to these rebates and any early settlement fees that were applied, I further require the formula that was used by your company in their calculations. Section 4 I do not possess any paperwork relating to the sale/purchased of any payment protection policies. No policy documents were ever forwarded to myself and I would have been unaware of the underwriters of this policies. Please provide document policy account numbers, copies of the policy documents and further information regarding the underwriters of these policies. I enclose copies of the credit agreements for your reference. I apologise for the poor quality of the copies, but this is due to the quality of the copies that your company have forwarded to me. I have highlighted the points of interest for your reference. Please be mindful that I am now aware of the legislation contained within the Consumer Credit act 1974, and that your Company as a Licensed and regulated provider governed by the Enforcement Authorities is legally obliged to comply with this legislation. These agreements which were presented to myself for signature, appear to be in breach of certain sections of the above Act, as after close inspection of these documents, they are in fact Multiple Agreements. I would ask you to refer to the sections of the CCA that outline the legislation relating to “un-restricted credit” and “restricted credit” and further sections relating to “Multiple agreements” Your comments regarding this breach of the CCA 1974 would be appropriate. Q8 All loans taken out with your Company have been conducted over the telephone. I now understand that at the time I entered into the 3 loan contracts numbered above , your bank was running an incentive scheme to encourage your employees to sell PPI schemes, as were several other High Street banks and Financial institutes. These sales of ppi would attract large bonuses for your employees. I consider that there was a clear conflict of interest between your fiduciary responsibilities to me and the direct selling by your employees of PPI schemes, given the very large profit margins they generated for your Company. I further consider that their has been a “total failure of consideration” by your company, in the appliance at the point of sale, of these unwanted and unnecessary premiums and a further failure of “treating customers fairly“,in your company’s strive for unjust enrichment. Please provide me with information relating to incentive bonuses awarded to your employees for application of ppi to loans at the point of sale. Q9 Payment protection insurance was not discussed during these telephone conversations. The loan amount required, monthly payments and length of term was discussed only. Ie to borrow £xxx, this will cost you £xxx over xxxmonths. No discussion from your employee’s was presented during these telephone conversations, regarding my employment status, medical history, existing insurances etc No information was given regarding, the fact that these insurance were in fact, front loaded single policies, that would attract interest, and would not cover the full term of the loans. Q10 I never asked for ppi, or was offered an option regarding acceptance or refusal. These insurances and interest was automatically applied to these three loans by your company. Therefore I would consider that the insurances were presented as a condition of the loans. The credit agreements containing the payment protection insurance, plus payment protection interest were presented for signature with no option of whether to agree or not. Q11 Please refer to answers 9 & 10 Had I been aware that payment protection insurance was actually optional, I would have not agreed or chosen to pay for this expensive insurance that I did not want or need, I consider that I was mis-lead by your Company that to obtain the loan, ppi was compulsory. Q12. I did not arrange any ppi policy with the above loans, they were applied at the point of sale by your employee and presented for signature as a condition of the loans. I would now consider that you take this complaint seriously and instead of trying to prolong and frustrate matters by sending a rather bias and extremely appropriately worked template questionnaire, your company will endeavour to open into a sincere and truthful dialogue regarding my complaint. I would expect that you will provide me with the information and answers to the questions that I have asked, and a date by which you will be refunding these mis-sold payment protection and payment protection interest monies to me, plus interest at 8%. I require confirmation of your receipt of this letter and questionnaire, within 5days as per your complaints procedure. I am further prepared to allow your Company 14days to conduct your investigations and inform me of their proposals to resolve my complaint. Yours sincerely, They did confirm receipt of this letter and two weeks after that coughed up the dosh:-D
  7. Hello Thanks AA:grin: Here is the preliminary letter that I sent to them. Your address their address Date COMPLAINT Dear Sir/Madam, Name XXXXXXXXXXX Loan Account No xxxxxxxxxxxxxx Loan Account Noxxxxxxxxxxxxxxxx Loan Account No xxxxxxxxxxxxx It has recently come to my attention that the above loans that I had with your company, had payment protection insurance premiums and payment protection insurance interest applied to them. These payment protection insurances were applied to the loans by your Company, without providing me any option of agreement to or refusal of these insurances. Your Company just applied them. I am now fully aware of the outcome of the investigations conducted by the Office of Fair Trading and the Financial Services Authority into the vast mis-selling of payment protection insurances, by financial companies, such as yourselves. I consider that these insurances were mis-sold to me by your company with no regard to fairness to their customers, in your companies strive for unjust enrichment. I am frankly shocked, to now find, that you have operated my loan accounts in this way. as I had always reposed confidence in your integrity and expertise as my fiduciary. Your responsibilities I would draw your attention to the terms of the contract which you agreed to at the time that I opened these accounts. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. Firstly, I understand that at the time I entered into the 3 loan contracts, your bank was running an incentive scheme to encourage your employees to sell PPI schemes, as were several other High Street banks. I was not aware of this and even if it is untrue, I consider that there was a clear conflict of interest between your fiduciary responsibilities to me and the direct selling by your employees of PPI schemes, given the very large profit margins they generate. When I took the loan/loans with your company, I was not offered a full and detailed explanation of payment protection insurance and was led to believe by your company/representative that it was part of the conditions of the loan. I have thought that for the last few years and more. It has only become apparent to me after the recent coverage by the media, and following the recent OFT and FSA investigations regarding the mis-selling of ppi by finance companies.. This is when I looked at the credit agreements. Regarding the loans with the ppi applied, I believe I that I have been gravely mis-led by your company at a time when I was facing financial difficulties and have been mis-sold this expensive insurances that I did not need or want.. At the time of this application I was in full-time employment with no risk of redundancy ,a fully paid salary for 6months of sickness, had a generous life insurance and critical illness insurance policies.. No attempt was made to ascertain if the product provided was fit for purpose, suitable for my needs or if I indeed it at all. No inquiry was made as whether I had pre-existing insurance for accident, illness or unemployment I was not given a copy of any insurance policies. I am not aware of which Company the insurance policy was with, nor were any rights to cancel explained. I believe you manifestly failed in your fiduciary responsibilities, your duty of care. Secondly, I understand under the Consumer Credit Acts and following a House of Lords judgment, that you are not allowed to make a loan conditional on taking PPI unless you include the costs of PPI as part of the charge for credit and not the credit itself. You did not do this. You added it to the total for credit and then charged me further interest on the premium on top of the interest for the loan. This is unacceptable. Finally I believe insurance contracts are contracts uberrimae fidei (contracts of the utmost good faith) which imposes on you a “duty of disclosure of all material facts because one party is in a strong position to know the truth.” Inter alia, . I believe you should have made it clear to me that the policy generated large profits for you and very little for me. You failed to do this. I believe that you have also therefore failed in your duty of disclosure. Your failure to disclose is misrepresentation at common law. What I require Your concealment of the act of mis-selling has prevented me from asserting my right until now. I believe that there are strong grounds for action against you under common law, statute and consumer regulations. I am therefore writing to ask you to refund the premiums paid together with interest equal to the 8% statutory interest rate allowed by the court under the accepted principle of mutuality and reciprocity. Loan Account No xxxxxxxxx A payment protection insurance premium of £xxxx and interest of £zzzz was applied to this loan. The amount charged was £xxxx. Interest at 8%= £xxxxx brings the total amount required to £xxxxxx. Loan Account No xxxxxxxxxxxxx A payment protection insurance premium of £xxxxx. Interest a 8% = £xxxxx. The total amount required is £xxxxxxxx. Loan Account noxxxxxxxxxxxxxx A Payment protection insurance premium of £xxxxx. Interest at 8% = £xxxxx. The total amount required is £xxxxx. This brings the total amount to resolve my complaint to £xxxxxxxxxxxxx. My targets to resolve this matter I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days and 14days only to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive these payments. If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that this time frame is sufficient for a large company such as yours with its dedicated staff and departments. After that, there will be no further communication from me and I shall issue a legal claim at the expiry of the second deadline. Yours faithfully,
  8. Hello All, Adding this little victory to the success thread, Oh dear, what did I find on my Abbey loan agreements Easiest yet:D
  9. :lol: I love it:D Noonmill if you have a spare moment or two, can you give us a more detailed explanation of "failure of consideration" This will be very useful for caggers to use to reclaim back their ppi. I know it was discussed on a thread, but cannot find it now.
  10. Hello Underdog Nice to see you over here:D Reclaim back you ppi is not always that difficult, you just have to been determined:D These look like very good reasons for reclaiming back the ppi and the ppi interest. There is no time limit on the length of the loans, if they mis-sold it they mis-sold it. I have just been successful in reclaiming back a substantial amount on three loans taken out in 1996.1997 and 1999, with interest at 8% to boot:D Can I ask which bank the loan was with and the year it was taken. Does you friend have a copy of his credit agreement and know the figures we are talking about. Come back with the info and I will help you if I can:D
  11. Hello All, I believe they are on a hide to nothing and they know it. They will undoubtly refuse to be honest, because they do know they do not have a leg to stand on. They will blatantly misrepresent their legal standing on the matter in an attempt to cover up, what they can and cannot legally do:mad: They will threaten you with all sorts, and if you stand up for yourself and give them a bit of legal arguement, I consider that they realise you know what you are talking about and eventually leave you alone, they will go after some other poor customers who may buckle, due to their ignorance of the law. they will refuse to remove the default, but that of course will be another arguement.:grin: When I get around to it. Stand strong with them and fight back:D They will insist that the unenforcable illegible pre-contractual application form that you filled in for your STORE card is a enforceable credit agreement for the credit card they mislead you into accepting. Naughty Naughty:rolleyes:
  12. Hello Guys, My advise to you now would be to hit this bunch extremely hard, send them a Copy of surelybonds get the default removed letter your address Equidebt Limited Equity House Wellsbourne Warwickshire CV35 9SA Date Dear Mr Etheridge, Your reference xxxxxxxxxxxx Re: Formal notice to desist from processing or disclosing personal subject data As you are aware, I have recently conducted an audit of my personal credit reports supplied by Experian, Equifax and CallCredit. It is noted that there exists, within my xxxxxxxx file, an entry referenced as “Equidebt Ltd (I) / XXXXXXXXXXXX, indicating an alleged agreement which is in dispute and as of this date is formally denied. Failure to supply me with a true copy of the executed agreement makes this unenforceable. In addition, since you are unable to supply this then consent to process my data is not proven and is formally revoked. I am contesting that Credit Agencies continued processing of my data is an unwarranted act and I enclose a Statutory Notice to that effect, which is deemed served as of the date noted on the Royal Mail's Recorded Delivery service audit. My written permission allowing any Credit Reference Agency to continue processing, or disclosing, my personal subject data was revoked upon the failure to fully execute the agreement as specified by the Consumer Credit Act 1974 and hence the contract is void and I hereby reiterate that revocation. I also do not recall receiving any such Notice of Default being served on me, as required by the conditions of the Consumer Credit Act 1974. Unless Equidebt can provide a true copy of the said Notice, then I consider that any default entry on my credit files to be wholly unwarranted. However, if you can supply the copy, then I also contest the Credit Agencies’ continued processing on the following grounds. As you are aware, I am afforded principled rights under the Data Protection Act (Data Protection Act), Schedule 1, Part 1 ("The Principles") in relation to the manner in which my data is collated, stored and processed. Of particular note, are Principles 3, 4 and 5: 3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed. 4. Personal data shall be accurate and, where necessary, kept up to date. 5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.” In my case, the Credit Reference Agencies are still processing data despite lack of consent nor a true agreement as prescribed by the consumer Credit Act 1974, whether or not this is a simple renewal process of the default flag, daily or by other timing factor. As that contract has never been in situ, then my written permission has never been given. This is confirmed in Principle 2 of the Data Protection Act, which states: "2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes." I emphasise the term "specified and lawful purposes" as in ‘those specified within the contract’, and no more. I also emphasise the term "shall not be further processed". I have taken the matter up with the Credit Reference Agencies, and they had claimed that they had a (quote) “legal right” to maintain this type of adverse entry for up to six years. When I challenged them to quote me the exact Statute that includes this so-called “legal right”, they remained remarkably quiet. Only after my continued insistence of disclosure did they eventually concede that, whilst they have no statutory right, it is (quote) “standard industry practice” but they added that they are “allowed to by Law”. After further challenges, they finally admitted that unless this was a County Court issue, their term actually referred to contractual Law, but continued to emphasise that it was “standard industry practice to record default entries for six years.” May I respectfully presume that you likewise recognise that “standard industry practice” does not correlate with “legal right”? Further investigation has also led me to conclude that the only six-year data ‘retention rule’, to which they may adhere to, is in relation to information in the public domain, e.g. Bankruptcy Orders/Discharges, IVAs, CCJs, etc. These are kept in the public domain for six years. But, these are sealed orders issued by a judge through the Courts who oversee the ultimate jurisdiction in all matters relating to Law. It is not up Lenders, Debt Collection Agencies or Credit Reference Agencies, to decide legal issues. In addition, the agencies may also hold information that is deemed ‘in the public interest’ for the avoidance of credit fraud or deliberate repayment avoidance; I refer, of course, to CIFAS and GAIN entries on a credit file. My alleged agreement was not subject to any such marker, nor is my alleged civil contract with MNBA, a public matter. After scrutiny of all the relevant legislation, including the Consumer Credit Act (As Amended), the various Financial Services Acts and the Data Protection Act, etc., it is clear that there is absolutely no legislation that allows a lender, supplier or Debt Collection Agency to collate, process or distribute any other information unless there is express written permission from the data subject. In fact, Section 10 of the Data Protection Act awards the real authority, regarding privacy of data, to the data subject, not the Data Controller. The Act is also very clear as to the rights of the data subject in respect of withdrawing permission to continue data processing and disclosure: 10. - (1) Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons-(a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and(b) that damage or distress is or would be unwarranted. However, there are some exclusion provisions for Data Controllers, and Section 10 does continue with various exceptions to subsection (1) above, and these are quoted, in full, below: 10. - (2) Subsection (1) does not apply-(a)in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met ,or (b) in such other cases as may be prescribed by the Secretary of State by order. To paragraph (b), I can only presume that your company Equidebt, nor the Credit Reference Agencies have not applied to HM Secretary of State for an order allowing you an exclusion, which leaves the Credit Reference Agencies with the only remaining possibility of requesting an exemption under paragraph (a). So, we must turn to the exemptions permitted in paragraph (a) to find where the Credit Reference Agencies’ Data Controller may invoke his perceived exemption to the DPA, namely, those listed in paragraphs 1 to 4 of Schedule 2. I have reproduced these exemption paragraphs, in full, below: “1. The data subject has given his consent to the processing. 2. The processing is necessary- (a) for the performance of a contract to which the data subject is a party, or(b) for the taking of steps at the request of the data subject with a view to entering into a contract. 3. The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract. 4. The processing is necessary in order to protect the vital interests of the data subject.” It is my contention that you and the Credit Reference Agencies’ supposed right of obtaining an exemption is not contained within any of these paragraphs. I have followed each in turn with my notation to give a clearer explanation, should there be any lack of clarity. 1. The data subject has given his consent to the processing. That consent was never proven I reiterate the revocation herein, and by the attached Statutory Notice. 2. The processing is necessary-(a) for the performance of a contract to which the data subject is a party, or(b) for the taking of steps at the request of the data subject with a view to entering into a contract, For (a), there is no contract being performed, and for (b), neither you nor the Credit Reference Agencies are not entering into any form of contract with myself, and most certainly, not at my request. 3. The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract. According to the Information Commissioners Office (I.C.O.), exemption 3 includes all other statutory obligations for which the interests of national security and welfare override personal privacy. These obligations allow for the provision of data to Official agencies and organisations, e.g. disclosure to crime prevention agencies (Police, Intelligence Services, etc), official Government agencies (DVLA, DSS, Passport Agency, etc.) and health authorities, etc., and for any other purpose not agreed within a civil contract. We all know that the three major credit reference agencies are not Government bodies, nor official agencies, but for-profit companies, even though they like to think they are official. None of these three agencies are listed in the appropriate DPA Schedule that names the specific organisations that are permitted any such exemption rights. 4. The processing is necessary in order to protect the vital interests of the data subject.” With reference to the I.C.O. again, this is interpreted as anything that affects the data subject as a matter of life and death. This clause is included in the DPA to permit data, like medical records or contact details, being disclosed in emergency situations. I do not believe that my former account details could be described as anything like a matter of life or death. So, it is clear to see that there is neither statutory provision permitting you nor the Credit Reference Agencies’ Data Controller to assume continued processing rights of my data at his discretion, nor any exemption. I can then only assume that you or the Credit Reference Agencies are relying on the Common Law, and contractual law, as determined by the contract that both parties allegedly originally agreed. Since the agreement has not been produced then that contract is void whether or not a Default Notice was served. Also, I cannot recall any clear statement that gave my express permission for you nor the Credit Reference Agencies to continue disclosing my subject data to third parties when the contract is void. You are no doubt aware that any non-agreed disclosure of personal data to third parties, without express written permission, is a criminal offence under Section 35, of the DPA. However, if I am mistaken, and the true executed agreement exists then you must provide me with a true copy of those signed terms indicating where I have agreed to them. This should be sent to me as one of your enclosures, if you wish to contest the enclosed Statutory Notice. You should be aware that you have, by statute, twenty-one days in which to either comply with my Notice, or give written notice stating your reasons and why you consider the Notice unjustified. In summary, in relation to this unenforceable agreement and void contract, I am formally instructing you, as an authorised officer of the Company, from this day onwards, to: 1) cease to continue storing, processing or communicating my data; 2) remove all such data from automated process systems, as per the provisions of Part II, Section 12 (1) of the Data Protection Act, namely: (1) An individual is entitled at any time, by notice in writing to any data controller, to require the data controller to ensure that no decision taken by or on behalf of the data controller which significantly affects that individual is based solely on the processing by automatic means of personal data in respect of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct. Of particular note is the Acts own term “his creditworthiness”; 3) Cease to disclose any data to any third party including, but not restricted to, Equifax plc, Experian Ltd and Callcredit plc, and any other credit reference agency; and furthermore 4) Instruct Equifax plc, Experian Ltd and Callcredit plc and any other credit reference agency, to remove all data pertaining to your records on me, to the extent that no data entry in relation to Credit Reference Agencies will exist on my credit files. Any failure on your part to adhere to these statutory timescales will automatically be interpreted as your non-compliance with the legal procedure. In that case, you will be expected to unconditionally comply with my Statutory Notice or I shall have no alternative but to refer the matter to the Court to seek an Order to that effect. Should it be necessary to refer the matter to the Court, then I shall also apply for Court fees and legal costs against the you. I shall also reserve the right to seek redress for damages as per the remit of the Data Protection Act. I trust that I have made my position clear, and that your Company and the Credit Reference Agencies will now make a serious effort to understand its legal obligations and effect the changes requested. Should you be in any doubt as to the your obligations as a Data Controller, then I would advise that you consult your corporate counsel. In any event, I shall expect a written confirmation from you acknowledging the contents of this letter within 5 working days. Yours faithfully, xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx and the statutory section 10 notice Statutory Notice pursuant to Sections 10 and 12 of The Data Protection Act 1998.Data Subject Notice To: The Data Controller:- Equidebt Limited Address:- Equidebt Limited,Equity House, Wellsbourne, Warwickshire CV35 9SA Data Subject:- XXXXXXXXXXXX Address: XXXXXXXXXXXXXXXXX I declare that at no time in my alleged unexecuted agreement ref number xxxxxxxxxxxx with MBNA or Equidebt Ltd, did I agree or consent in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998. Therefore, take notice that I require that you cease from processing within twenty one days of the receipt by you of this Notice, or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of alleged defaults or contractual breaches or breaches contrary to The Common Law. This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this Notice would violate both the Principles and Data Subject’s rights of The Data Protection Act 1998, to do so would be both unwarranted and unlawful. Signed Dated this xxxx February, in the year two thousand and Nine. Worked for me:D
  13. Hello, Quick update of this saga, been having a bit of a tussle with clfinance regarding the more up to date account that they had, sent them a nice little letter regarding the unlawfullnes of this account and their unlawful processing of my personal data. Just wrote to me telling me that they have now closed the file on the account and have removed the default. Excellent news, but I have not quite finished with this one yet:-D
  14. Hello Masterixas, Trying to get info out of the Nasty is worse than trying to get blood out of a stone:rolleyes:. Have you seen ppi on any paperwork they sent you?????????? Did they not send you a copy of your current credit agreement????????
  15. If they have not provided this information then send them a SAR non compliance letter, giving them a further 7days,and spell out to them the information that is lacking:D
  16. Hello Ali, I have just briefly read your thread. There are two things you need to do. 1. Stop ringing them, they will not give you a breakdown of anything over the telephone, they can say anything they want, they will pass you from department to department and this will only cause you great frustration:D If they hear the words ppi they will clam up and tell you nothing 2. Your need to send them a Subject Access Request as soon as possible. This is a legal request under the Data Protection Act 1998 and they MUST comply within 40days. You need to send a postal order for £10 with it. This hopefully will provide you with all information that they hold on your account. Whilst you wait for this information, read around the threads and educate yourself to the process of reclaiming back your ppi:D If you have any questions just ask:D
  17. Well done to you all:D I too was very successful with the Abbey recently regarding a mis-sold ppi complaint for loans from 1996, 1997 and 1999. Only sent the prelim, then the rather bias appropriatly worded questionnaire, which I refused to fill in, with a covering letter explaining my reasons and within a week they made me an offer of a full refund plus 8% interest from 1996,1997 and 1999. I was rather shocked that they did not even argue a little bit as the loans were well over the limitation act. Possibily they know what they have done in not treating their customers fairly and are just settling before everybody reports them and the consumer watchdog (FSA) goes in snarling to investigate and fine them millions:D My advice to any ABBEY customers, check out if they applied ppi regardless of how long ago and get after them for it:D
  18. Hello Ronvin, Have a look at this poc for the good old fashioned N1 route 4. Particulars of claim - N1 - updated version now available -j
  19. Hello Madhafu, You are welcome. Wait now whilst they comply with your SAR, don't send your prelim letter asking for it back, until you are truely informed with the information they hold regarding your account. There may be other angles of attack that you can apply to the letter. There are some template letters in the ppi info sticky that you can have a dabble with to amend and improve. I realise it is frustrating waiting for the SAR, but read around the threads, so you are more than well prepared:D
  20. Hello Madhufu, Got your pm, So you have now sent them a SAR, which they have 40days to comply with. Did you send it recorded delivery, you can use the royal mail track and trace website to ensure they received it and start counting the days. They should send all information relating to the account, this should include information relating to the ppi, and any late penalty charges they have applied as well. These charges will also be reclaimable:D If you have sent your first letter asking for them to investigate the miss-selling you now wait for their response, they will probably write to you acknowledging your complaint and give you a time frame that they work to. This can be a frustrating time for you waiting so spend the time educating yourself by reading the threads on the forum. Information that is useful to know. Investigations of the oft and the fsa into ppi, literally banning the sale of front loaded single policies on loans. The effect the ppi has on the agreement under the consumer credit act. Multiple agreements under the cca. Commission based selling These are all very interesting topics to add fuel to the fire. Any question just ask:D
  21. Hello and welcome to the forum, So basically they charged you £2070 to tell you that you could not claim on it anyway. Shame the saleman did not care about this at the start, probably just thinking about his commission:rolleyes: Can I ask which company the car was bought from??????
  22. Hello Tracy, The ppi would have been a single front loaded policy, this means that you pay the majority off at the start of the loan and when you cancel they refund what you haven't pay into the balance of the outstanding loan. So there is not that much refunded and this is why your payments don't reduce by much. Many ppi's do not even cover the term of the loan, If you take out ppi on a 5yr loan, it may only cover you for 3yrs:mad: So if you needed to claim in year 4yr, well you ain't covered. Start the reclaiming process stating your reasons for mis-selling
  23. Hello Maggie, I do hope you are keeping the old nasty up to date with all the harassment they are throwing your way:grin: This is their responsibility:grin:
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