secret commisions

[andrew1]

Thanks andrew1 I have got plenty of shovels and I am digging digging and digging:D, thanks for that explanation it is very useful and I will keep it in mind before jumping in to the. I have been burnt enough in the past to know better believe me.

 

I am doing my best to find the answers to my questions, and slowly I am getting there. I have to give CAG all the credit as I could not have and could not of done this on my own

 

take care and thanks again:D

 

Believe me, none of us could have done it on our own. Cag is the community not the website - ( with all due respects to BF et al) without us it wouldn't work, without it we couldn't work but the synergy between all of us make cag what it is - you are never alone with CAG 24/7 there's always someone on here. You'll be advising others once you spot greenhorns coming on desperate for help and in the place you were when you first came, just like all of us.

[frettful38]

Believe me, none of us could have done it on our own. Cag is the community not the website - ( with all due respects to BF et al) without us it wouldn't work, without it we couldn't work but the synergy between all of us make cag what it is - you are never alone with CAG 24/7 there's always someone on here. You'll be advising others once you spot greenhorns coming on desperate for help and in the place you were when you first came, just like all of us.

 

 

You took the words right out of my mouth:D there;)

[alanalana]

Believe me, none of us could have done it on our own. Cag is the community not the website - ( with all due respects to BF et al) without us it wouldn't work, without it we couldn't work but the synergy between all of us make cag what it is - you are never alone with CAG 24/7 there's always someone on here. You'll be advising others once you spot greenhorns coming on desperate for help and in the place you were when you first came, just like all of us.

 

Never a truer word spoken for CAG it is about the ability of the caggers to help and assist other caggers and it seems TO WORK very well

[mkb]

And it's the people who selflessly give their time to those needing help that so inspires me to continue to fight for my rights.

 

Without CAGGERS we would all be in a much worse place so THANKYOU one & all

 

PS Would be good though if every person helped would just give a little donation to help the cause! :-|

[frettful38]

Has this thread gone past its sell by date? No one's posting on here anymore:(

[alanalana]

This sometimes happens and it can be very frustrating if advice is given on several posts but falls by the wayside, especially on the PPI issue which is taking off big time. The banks are to blame a lot of the time as they send letters with the aim of putting claimants on the wrong foot to halt the claim progressing. Pity really because the PPI is really getting very interesting with the FSA starting to show some financial big teeth at last

 

aa

[enslaved]

Hi All

I would like to thank you all for the advise here and GE money and secret commissions, multi-part agreements falling within section 18 and the mis-selling of ppi.

 

I have submitted my defence and counterclaim, (late, got clobbered for costs, but it is so much work:-|).

 

I was questioned by their barrister and the judge as to who had helped me, (my previous attempts were woeful:oops:). So thanks again all you gaggers.

 

A new trial date has been given, and yet again my opponent has ignored the court order, regarding disclosure of under writing sheet, ppi policy, etc, (2 days late and counting).

 

Still, I already have evidence, I just want it in big bold letters and gift wrapped.

 

I am in a different situation to most of you, I have already lost everything, so I truely have a "don't give a ......... " attitude, and I feel so free because of it.

 

But they would'nt "let it lie". So now they must PAY with the only thing they love and worship ........money, (cue evil laugh) HaHaHaHaHeHe

Edited October 30, 2009 by enslaved
text mistake

[frettful38]

Any news or an update enslaved?

[enslaved]

Hi Fretful

In court on the 9th of Feb, my birthday, (God I'm getting old).

I am attacking them on 3 fronts, Sec18, PPI and Secret commisions.

 

The whole system is stacked in the favour of the money men, I feel a just verdict is nigh on impossible.

 

Still, I'm going to fight, not to lay down before these corrupt charalatans.

 

Will report back after.

 

Take care

 

ps. I have been reading your other posts, congratulations!

[frettful38]

Hi Fretful

In court on the 9th of Feb, my birthday, (God I'm getting old).

I am attacking them on 3 fronts, Sec18, PPI and Secret commisions.

 

The whole system is stacked in the favour of the money men, I feel a just verdict is nigh on impossible.

 

Still, I'm going to fight, not to lay down before these corrupt charalatans.

 

Will report back after.

 

Take care

 

ps. I have been reading your other posts, congratulations!

 

Thanks enslaved, if you don't mind me asking what is your defence and are you taking your lender to court or vica versa?

 

I see you have not posted much on the forum judging by your post count, so really do not know much details about what you have been fighting for. Maybe you could post up story so that others and myself may learn more and share experiences.

[enslaved]

Hi Frettful

 

Story so far;

 

I took out a secured loan in Dec 05, In Jan 06 I had an accident and had to give up my business. This caused mental health problems as well as my physical problems.

 

I have undergone two operations since that time and been unable to work.

 

The PPI did not pay out, or indeed did 90% of my insurances, (1 out of 10).

 

The property was repossed and sold (18 months after repossesion:eek:). The secured loan had a shortfall, of course interest was accuring all this time and although the £11,550 was paid to the loan company, the amount the loan company now want is 23,500 ish. The original loan was 23,950.

 

The loan company are taking me to court.

 

The defence I have prepared is in three parts:

Multiple agreements falling under Sec 18.

Secret commisions ( paid to brokers, affecting APR)

( recieved from insurance company without disclosure!)

PPI, mis-selling, not fit for purpose, etc, etc.

 

Some of the defense is over the top, (quoting fraud act, etc) but I wanted to throw the kitchen sink at them in the hope that some or most would stick.

 

I posted questions in seperate topics to try to get answers to the 3 different parts of my defence, some more succesful than others. But I decided to leave things in my defence that I could not find answers too.

A sort of 'hit and miss' approach.

This gives me the leeway to withdraw certain statements, rather, than to try to add things later, (not sure this is the right approach). But Hey!

 

I want to start the case with secret commisions, followed by PPI and finally with Sec 18 (Heath case closed this avenue, but have just heard Heath is attempting to appeal again). But as this would cost the banks

£ billions, it's not bloody likely to produce a result.

 

The defence is verrrrrrryyyyyy long 25, A4 pages. Still want it?

[frettful38]

Wow thanks enslaved, I would be very interested if you could. If it will take too long then maybe you could send it to me by pm?

[enslaved]

pm sent

[frettful38]

Thanks

[mangle101]

I received all my information from Direct Auto Finance and found they had charged me £3800 for insurances (including PPI) but only paid out £509 to the insurance company. They even cancelled the policy in 2005 and continued to charge me for the rest of the amount. I also found out they received a payment of £760 in secret commissions, which they never disclosed, from the insurance company involved.

 

Now I have been argueing backwards and forwards with the company concerned for over 18 months and unfortunately now, it means I will be taking them to court to recover back the fraudulent money they took.

 

I take it this was through the 'purchase' of a car through Yes Car Credit? I seem to have come up against a brick wall on this one! Commisions paid, deposit added to the loan aswell as the hard sell all used but, no joy:(

[BiGaD09]

Could someone point me in the direction of what I need to complete in order to take my lender to court to order that they comply.

 

I have requested a copy of my underwriting sheet from GE and they refused at first with no rationale so I wrote to them again under the Civil Procedure Rules. They've just ignored it. I know I need form N244 (or something) but what else?

 

I know it's been explained on here before but despite my best efforts cannot find the thread. Thanks in advance.

[frettful38]

Hi there BiGaD09, I believe this the thread you were searching for, hope it is of some help.

 

http://www.consumeractiongroup.co.uk/forum/swift-advances/197346-underwriting-sheet-using-cpr31.html

[andrew1]

If you got this from your financial adviser who introduced you to a lender via a broker, how do you think it might affect your loan agreement?

 

" Further to your recent communication with me I confirm that you originally came to me to discuss a mortgage, but due to your then current arrears it was impossible for us to help you. Another option was to apply for a

secured loan and therefore you would have to use a secured loan broker to facilitate the loan.

 

With your approval, I introduced you to ABC Finance (since gone bust)who were an approved agent and packager with GE and could issue the formal credit agreements (offer). The new secured loan could only go ahead if the mortgage arrears were cleared in full (this may have been a condition of the HSBC consent to a second charge). In addition, it was almost a certainty that GE would have wanted the Blenhem loan to be cleared before they replaced the loan with their second charge. It was my belief GE only provided second charge loans and ABC Finance had advised me that it was a condition of GE that any pre-existing second charges registered on a property being used as security for a Blenhem loan, would be required to be released in favour of Blenham otherwise the loan would not have progressed.

I confirm your application was for a £60,000 loan. The gross loan was for £64,460 which included all fees (lender and broker). The net loan would have been £60,000 and part of the broker fee would have been paid to me as an introducer fee. The lender would also have paid ABC Finance a commission for introducing the loan to them as standard practice. I did receive a proportion of that fee. At your invitation I came to collect the relevant

forms and then sent them off to ABC Finance to underwrite and package the deal. I did not offer any advice or recommendation as I was not authorised to do so.

 

I understand that it is standard practice that GE, before completion, would have carried out a customer care call to speak with clients and would have asked you numerous questions before they advanced any money. As I

introduced you to ABC Finance, they would have held all the paperwork and any introductory paperwork we had was held for 3 years and has now been destroyed.

 

I am sorry to hear about your disagreement with Blenham and hope the above will help you in your ordeal."

anyone?

[frettful38]

Oh andrew1 this is absolutely brilliant. My god that is very good news don't you think? I will be very interested to see what you think about this, what are your comments to the above statement?

Please let me know a.s.a.p as I will be thinking about this all night even in my sleep:p.

 

P.S IS IT BLEMAIN OR BLENHAM?

[enslaved]

Hi

 

I forgot this thread orignated in the PPI forum and started a new thread:rolleyes: PPI and Section 62

 

62.

Duty to supply copy of unexecuted agreement.

— (1) If the unexecuted agreement is presented personally to the debtor or hirer for his signature, but on the occasion when he signs it the document does not become an executed agreement, a copy of it, and of any other document referred to in it, must be there and then delivered to him.

 

(2) If the unexecuted agreement is sent to the debtor or hirer for his signature, a copy of it, and of any other document referred to in it, must be sent to him at the same time.

 

(3) A regulated agreement is not properly executed if the requirements of this section are not observed.

 

Regarding (2) I have never recieved the insurance policy regarding the PPI although there are seperate boxes to sign and seperate parts of the agreement dealing only with the PPI.

 

Despite an S77, SAR, a Cpr 31.16 and two seperate court orders for disclosure, one of which directly orders the claimant to send a copy of the PPI policy to me, I have recieved no copy of the policy.

 

Has everbody here recieved their PPI policy?

 

Any thoughts on this?

 

Many Thanks

[Bosund]

Hi enslaved,

 

Never received any PPI documentation from Citi, Egg, MBNA or Amex even with a SAR.

 

Strange how these things go missing, all noted in my FOS docs.

 

Bosun.

[enslaved]

Hi Bosund

 

Thanks for answering.

 

I think there might be some mileage in this.

 

If anybody else could answer, that would be great.

 

Many Thanks

[frettful38]

Here is some information that was requested for secret commission by my previous solicitors. Any comments?

 

need to upload again sorry photobucket account is playing up

Edited May 28, 2010 by frettful38

[frettful38]

some useful reading for all

 

 

http://www.pinsentmasons.com/media/1942522578.pdf