Hi Slick That would be great if you did move it...thanks

Can anyone help with this situation?? Should C&J take 1st plus to court for the PPI? What arguments can be used? Can they officially not refund the money even tho they have admitted it was mis-sold?

What a lovely post, thatnk you. I will pass your thoughts on to C&J. Take care, and dont let them get to you. Its been proved many times (my cases included) that you can bet these companies with the right information. Good luck

My friends Claire and Joe (C&J) had a loan with 1st plus, and were told they had to take the PPI alongside the loan, which they did. However approx 12 months after the loan was completed C&J went bankrupt. This has since been discharged. C&J wrote to 1st plus a number of months ago asking for them to consider the PPI being mis sold. They have received a letter back confirming they were mis sold the policy as follows: Dear C&J I have completed my investigation into your concerns and the conclusion of my review is that I am upholding your complaint as I am not satified that you were made fully aware the policy was optional. For this reason I am upholding your complaint and propose to make the necessary adjustments to your loan account to put it into the position as if the PPI policy had not been taken. However it goes on to say 1st plus wont be making the payment of the refund, only that they will use the PPI refund to against the amount still owed on the loan. C&J have sent a further letter explaining that they were made bankrupt and therefore the loan was wiped clear as this was part of the bankruptcy proceedings. 1st plus replied saying they would have to refer the case to senior management and then about 2 weeks later they received a further letter from 1st plus stating that 1st plus cannot recover any further money from C&J as they are bankrupt but that as there was a sum left over from the loan being cleared that the refund would be used against this. The following is the letter: Dear C&J Having referred your comments back to snr mamagement, they have agreed that the amounts offered in the letter will be used to offset part of the amount still owing to FP under the secured loan. While we received a surplas amount from the first mortgagee after they had taken repossession and sold the property, this still left us with a substantial shortfall. As you have been discharged from bankruptcy, you are correct that FP cannot recoved any further monies under your promise to pay. However as they refund is a secured loan this can be used to parly offset the shortfall I hope this explains our position I am trying to help this couple as they have been dealt a real bad hand over the last 3 yrs. They took this FP loan out in order to sort themselves financially. However due to the high level of interest rate on both mortgage and 2nd mortgage they were repossessed. It is my beleif that had the PPI not been added in the first place they may have been in a better position to make the repayments and not been repossessed. Is there anything we can do for them? I have in my possession the letter from FP stating they had mis sold the policy. They really need this money...they are living in my lounge for the time being. I know u caggers will have some ideas MrsFoot xx

Has anyone got an idea on what to put on the N1 form for the small claims court. We have given the LL long enough to pay up! Thakns xx

My sister had a lease for rented accomodation. She signed for this in August 2006 and paid £695.00. In the last week of August 2006 she received a section 21 notice requiring possession. However she remained in the house with the agreement of the landlord. In May 2007 she had to pay a further £695.00 for a periodic lease. This was not put into a TDS. She left the property July 2008. The LL will not return the deposit saying there is damage to the property caused by her and her family. No inventory was completed. My questions are: 1. Should the 2nd deposit be entered inot a TDS...as it was rolling on from the last lease? 2. As there is no inventory can they take money from deposit? Any help would do...im really stuck!!

What do you think the chances of winning in court are? I am not overly concerned about costs as it will sit under the small claims umbrella and I cannot see any reason for it being challenged for that decision, however even the fee's for court would be a loss for my son.

Hi MrShed...love the name! No inventory was provided either before or after the lease ended

I know of 2 cases finishing regarding swift ss v swift and mrsfoot v swift

hi. We rented a property for my son. The lease was dated 26th August 2006 for a period of 6 months. A deposit was paid £900. My son left the property July 26th 2008 in the same condition as he bean, with a few minor tear and wear however landlord has kept £600 of the depoit. 1. The deposit was was paid at the inception of the lease 2. He stayed on in the house for a further 17 months after the end date..with permission on a monthly basis from the landlord / agent 3. No further lease was produced or signed for the continuation period. Where do we stand. Does the deposit sit under the TDS? I know someone on ehre will help! Mrsfoot xx

You can apply for help with your Eon bills if you contact them and ask to be placed on the social tarrif.

Here is the official response to the petition to No10 regarding the banks taking charges from Tax Credits and Benefits! Number10.gov.uk » Sections187and45 - epetition response Happy reading

Hi Borg I have had little luck trying to find the links for you, however it does seem Mr Michael Spicer made reference to it and has been recorded in Hansard. My advice is to email Mr Spicer and ask him for a direct link to the Statement of Practice. he may also be able to hewlp with the independant Television practice too. Here is the link for the Hansard report. Mortgage Transfers (Hansard, 23 May 1990) Hope this helps Mrsfoot

Hi Yes we had the usual fob off letters until i sent the following letter: Dear Sir / Madam I am writing to ask you to refund to me the charges which you had charged to my account. In my previous letter I have fully explained my situation. (Add in something about your status and you feel your a hardship case). Each month there has been charges added. These total £XXXXX. The account is overdrawn by £XXXXX. I am requesting that the overdraft is cleared using the unlawful charges that have been added and the remainder is repaid to me. I believe that the regime of fees which you have been applying to my account in relation to unpaid DD, letters written and so forth are unlawful at Common Law, Statute and recent consumer regulations. I am also aware of the current court action brought by OFT and consumer groups and that the court has now decided that the charges can be contested using the Unfair Terms in Consumer Contracts Regulations, and that there will be further hearings to decide the actual outcome. I have been informed that all cases will be stayed until the outcome of the hearing however I will legally challange the stay as this is a case of hardship due the above reasons. I sincerely hope you enter into a serious dialogue regading this matter and look forward to hearing from you within 14 days. After this I will have no further option than to begin court action. Yours blah blah

I an fed up reading about how bad E and L are. There are no good reviews for this company as far as I can see. I have had to contact them again with regards to my sister in laws claim. I now want to put together a group of claimants. I feel this is the best way forward rather than individuals of which they take very little notice. If you wish to be included in the group and for me to contact them on your behalf then polease feel free to pm me your details. I am aiming to make first contact with them by August 31st 2008 so please make sure you have sent your details before then. E and L...watch out......I am on my way!

Hi I have had the pleasure of helping a good friend with HSBC. One account was overdrawn and were getting the usual we will pass your account to MSC and the other was a loan which had been paid via a PPI up to the end of last year but then the PPI stopped and this left a shortfall. After the usual 2 letters (prelim and LBA with the LBA altered slightly) we got a letter asking my friend to call them. I did this on their behalf and had a wonderful conversation with a Kimberly Smith. After giving her all my friends info on income and expenditure she came back the following day and said all charges were being refunded to the overdraft account and that the shortfall of the loan would be wiped off!! This came to less than £1000 but its certainly helped my friend out at a difficult time. All hardship cases are being dealt with in HSBC so if you have a true hardship case then make sure you continue with your claim.

Update: Carl lost his home.

Hi Glennyboy If i was in your position I would send a letter before action to Lloyds TSB informing them that you will file in court for your information if they do not respond withing 14 days. Here is a letter I used, its from this site with some amendments. Dear (use the data controllers name here, you will find it on this site) With regards to my letter, dated XX/XX/2007, which was recieved by your company on XX/XX/2007 I am still to receive the information I requested in a legally acceptable Data Protection Act Subject Access Request. My initial request began on the XX/XX/2007. I am shocked that XX days have passed since you became aware of my request. This is well in excess of the 40 days permitted under the Data Protection Act S.A.R - (Subject Access Request). I am giving you a further 14 days to send me the information in accordance with the Data Protection Act S.A.R - (Subject Access Request). If you do not comply with this I will proceed with a claim in my local County Court and name you as the Data Controller through which my request was meant to be completed. I will bring to your attention the recent case where the Data Controller was to receive a threat of prison from a Judge for not complying with a request. Yours faithfully, Glennyboy Send this letter recorded delivery. Fill in the blanks using the dates you have for example find the date your original letter was delivered using the www.royalmail.com web site and track the letter using its recoded delivery number on your reciept. I would also send a further letter to Cabot informing them that the account is in dispute and that you expect to hear no more from them until further notice. Explain in your letter that you sent a DPA SAR request in 2007 and this has not been adhered to and you will be instigating court action to enable you to gather your information on the debt. My experience of Cabot is they will leave you alone if you follow the corect procedure. Hope this helps!

I stand corrected, thank you JonCris

If the offer has been made under CPR 36 (I think will check) then you are given 21 days to respond not 7 days. Yes i was right here is the link to have a look PART 36 - OFFERS TO SETTLE

Riley click on this link if it is for a mortgage thread http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=80

Bumpety bump!!

Hi Borgbaiter Is this an offer you have received from the Defendant? Also if you decide to go to court, you can raise the matter of the meeting with the Judge and explain that you felt the content of the meeting was not cunducive to negotiating an outcome and that instead you felt very threatened. The Judge will then decide whether you can eloborate on the content. Did you take any minutes from the meeting? Have you received anything in writing from the Defendant? I dont know the answer about the FOS but I am sure if you explain that you felt threatened by the contents of the meeting without giving any precise details they will ask you for more details.

I am glad you have noticed 2Grumpy. Many people are making the mistake of insisting on a signed copy but as it clearly states from OFT this is not the case. FOS and CAG do not encourage anyone to "get out of paying a debt" which clearly belongs to the person. What we ask is that the correct proceudres are followed and that as a consumer you are given the chance to clear the debt in a way which is fair. Lets be honest most people know if they had a credit card / credit agreement and not paid it all. So when a DCA calls you understand it is your debt. The initial idea of sending for the agreement under a CCA request was to find the exact amount owed and to ensure the DCA / creditor had not added £s onto the debt unlawfully. We do not encourage you to send for info under CCA to get out of paying the debt which you know is yours. It is the meaning of this thread to encourage consumers to make an official complaint if and when you have been unfairly treated by 1st Credit. It is not for this thread to decide what is fair and unfair but rather to give information to the reader to make an informed decision on whether or not a complaint should be made to OFT. Hope this helps

I was unable to go to FOS with my complaint because they didnt have jurisdiction over 1st Credit at the time of the original incident.....very frustrating but if we can gt enough complaints in to OFT then with luck they will investigate their actions.