Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Scousers9 ppi thread


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5645 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

New thread for you scouser:D

 

Post away:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

icon1.gif Re: Full Subject Access Request for ppi

Hello, Just a quick request for help and to check wether ive done right or not concerning PPI.

 

Heres the letter I sent to Halifax and I will type the their answering letter in afterwards, sorry for jumping on here If a mod would kindly start another thread with this I would be grateful.

 

Here's My letter

 

I purchased the above policy from you in [Febuary2003] in connection with the [loan agreement] referenced above.

I believe that I was mis-sold this policy for the reason(s) given below, and wish you to investigate my complaint according to your normal complaint procedures.

I was not told that the insurance was optional.[/font]

I was led to believe that my application for credit would be rejected if I did not take out the insurance.

The policy exclusions were not explained to me either before or at the time I took out the insurance. I was therefore unable to make an informed decision as to whether this insurance was appropriate for me.

I now believe the insurance was unsuitable for me as I was [self employed] at the time I took out the policy and was not made aware of the specific exclusions relating to unemployment cover.

If my complaint is upheld I require a refund of all premiums paid to the policy, plus any additional interest charged to me because of the PPI. I would also like to claim statutory compensation in view of the fact that I have been deprived of the use of this money.

Please now investigate my complaint within the eight weeks allowed to you.

Yours faithfully

 

And here's their reply.

 

Halifax Boffins UK.

 

Dear Scouser9,

Thank you for your recent letter.

 

I am sorry to hear your concerns regarding the insurance applied to your loan.

 

We are keen to deal with your concerns as quickly as possible, however our investigation may take some time. The Financial Services Authority allows us up to eight weeks to investigate complaints and it is our intention to deal with your concerns within this timesacale and provide updates when appropiate.

Please find enclosed a copy of our leaflet, which tells you how we will handle your complaint.

 

Yours

Leanne Clegg

 

Now when I took this loan out I was working full time, then I had a serious accident at work which made me diasbled for life, the halifax knew this because of doctors and specialist letters, which I supplied as I thought when needed, now I cannot pay this loan at any price and its been handed over to Moorcroft &*&&^ heads who are badgering me,

 

I thought that the insurance would kick in with payments because i couldnt work.

It has never happened Im 1986 pound in arrears and like I said I cannot pay a dime, I have 2 daughters and they seem to take up every penny and what with living expenses getting worse. I really feel like cutting my throat.

 

any help or advice would be gratefully received.

 

sorry for jumping in

regards

mike

__________________

Keep claiming the right

 

Mikey

Keep claiming the right

 

Mikey

 

If you find that I have helped in anyway please click on the scales to left of the screen- Thank you

 

Advice & opinions of Scouser9 are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

 

 

50% Of claim offered by The Halifax 09/12/2006

LBA letter sent 11/12/2006

Refusal in part of Payment sent 12/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Survey Submitted and Donation Made 02/01/2007

PPI Claim Sent To Halifax 25/11/2008

PPI Claim Halifax Won 31/12/2008

PPI Claim Sent To Carcraft 22/12/2008

Link to post
Share on other sites

Hi Folks just thought I would update my last message with Halifax's answer to my letter post #24

What I need to know how is what di I do next ie I have tried to work out what they owe me and I dont understand the CAGs Spreadsheet for this. So any help would be apprieciated.

 

 

Dear Scouser9,

 

2nd December 2008

 

I refer to your recent complaint regarding the Payment Protection Insurance (PPI) on your Halifax loan.

 

First, on behalf of Halifax, please accept my sincere apologises that you have felt the need to complain. All such complaints are taken seriously indeed and to ensure I have understood and therefore addressed your complaint, I will now take the time to summarise your concerns.

 

You believe you were mis-sold insurance taken out with the above loan agreement for the following reasons:

  • You were not told that the insurance was optional
  • You were led to believe that your application for credit wouild be rejected if you did not take out the insurance.
  • The policty exclusions were not explained to you either before or at the time you took out the insurance. You were therefore unable to make an informed decision as to whether this insurance was appropiate for you
  • You now believe the insurance was unsuitable for you as you were self employed at the time you took out the policy and was not not made aware of the specific exclusions relating to unemployment cover.
  • You request a refund of all premiums paid to the policy, plus any additional interest charged to you because of the PPI, You would aslo like to claim statutory compensation in view of the fact that you have been deprived of the use of this money.

As part of my investigation into the sale of your PPi, I have considered the information available to me.

 

Having do so, and in view of the fact that you are a valued customer, I have decided to pay you an amount which will put you back in the position you would have been in had you had not taken the insurance. This is done without admission of liability and in full settlement of your complaint about the PPI on your loan.

 

Where an account you hold with Halifax is in arrears it is our Policy to offset the amount of redress we are offering against any currently outstanding balamce. By taking this action wea are helping you to ensure that interest and / or charges in relation to your loan are reduced. Therefore, if you are in arrears, the redress will be used to reduce or clear the arrears and any surplus will then be paid to you.

 

It is anticipated this payment will be made within the next month. If at this time you hold an open account. If you do not hold an open account with Halifax or Bank Of Scotland the settlement will be paid to you by cheque.

 

I trust that this offer has addressed your complaint fully, however you can of course contact me directly on the telephone number at the top of this letter should you wish to discuss any aspect of my review further.

 

Yours sincerely

 

Claire Hardy

 

Customer Relations Manager

 

Tel 01244 - 695533

 

Where do I go from here guys and gals

 

thanks in advance

Mike

Keep claiming the right

 

Mikey

 

If you find that I have helped in anyway please click on the scales to left of the screen- Thank you

 

Advice & opinions of Scouser9 are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

 

 

50% Of claim offered by The Halifax 09/12/2006

LBA letter sent 11/12/2006

Refusal in part of Payment sent 12/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Survey Submitted and Donation Made 02/01/2007

PPI Claim Sent To Halifax 25/11/2008

PPI Claim Halifax Won 31/12/2008

PPI Claim Sent To Carcraft 22/12/2008

Link to post
Share on other sites

Hi Bobby,

 

They have not mentioned what they are paying back,or when exactly they just mention about four weeks.

 

I have tried to work out the figures useing the spreadsheet but I dont really understand how that works and in which way to write my next letter of attack, all help would be apprieciated

 

here are some figures I hope these help

 

Cash Loan 6,000

Charge for credit 1,860

Total 7,860

Insurance Loan 1,385,52

Total Charge for Insurance Loan 398.28

Total Insurance Payable 1,783,80

 

Monthly payments for 60 months 160.73

annual percentage 10.9%

monthly interest 0.869%

Total Loan 7,368.52

total charge for loan 2,258,28

total repayable by me = 9,643,80

 

regards

mike

Keep claiming the right

 

Mikey

 

If you find that I have helped in anyway please click on the scales to left of the screen- Thank you

 

Advice & opinions of Scouser9 are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

 

 

50% Of claim offered by The Halifax 09/12/2006

LBA letter sent 11/12/2006

Refusal in part of Payment sent 12/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Survey Submitted and Donation Made 02/01/2007

PPI Claim Sent To Halifax 25/11/2008

PPI Claim Halifax Won 31/12/2008

PPI Claim Sent To Carcraft 22/12/2008

Link to post
Share on other sites

Hi Bobby,

 

They have not mentioned what they are paying back,or when exactly they just mention about four weeks.

 

I have tried to work out the figures useing the spreadsheet but I dont really understand how that works and in which way to write my next letter of attack, all help would be apprieciated

 

here are some figures I hope these help

 

Cash Loan 6,000

Charge for credit 1,860

Total 7,860

Insurance Loan 1,385,52

Total Charge for Insurance Loan 398.28

Total Insurance Payable 1,783,80

 

Monthly payments for 60 months 160.73

annual percentage 10.9%

monthly interest 0.869%

Total Loan 7,368.52

total charge for loan 2,258,28

total repayable by me = 9,643,80

 

regards

mike

 

Hello Mike

 

Here to help if I can, not too bad with the spreadsheets:grin:

 

What was the date in 2003 when the loan started please.

 

As soon as you can let me know this I will work out the interest that you are after on top of the £1,783.80 at the statutory 8% and also at the interest rate (contractual) they charged you.

 

Just looking at their response to your complaint, they are stating that they will reduce the balance outstanding to ??????Moorcrofts. I certainly would be arguing regarding this. This is money that they took from you, causing your indebtness to them. You now wish to control the refund to you, so you can decide what to do with it!!!!!!!!!!!!!!!!!!!!!!!!!!:mad:

 

Is Moorcroft acting under their instructions, or did they sell/assign the debt to them. This is important to know, if Moorcroft are only acting on their behalf, they are paying themselves back this money, that they took in the first place, so where is the fairness in that:mad:

 

If they sold the debt to moorcroft, it would have been for a fraction of the amount, so why should Moorcroft get it either. These are just a few points to consider before you accept the offer etc.

 

Come back with the date of the loan and the other bits of inf regarding Moorcroft etc and then we can have a look at a nice little letter to them:-D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

Hi Hellasnofury,

 

Firstly let me thank you for your help and your fast response's.

 

I will try to answer as you have asked the questions.

 

1. The date was 22/02/2003

 

2. I received a letter from Moorcroft on 3rd Dec 2008 as follows.

 

Dear Scouser9,

I write further to your recent correspondence dated 22nd November 2008

in relation to the above account. I am the Supervisor of the department that deals with queries and complaints of the kind that you have raised.

 

Obviously it is necessary for me to fully investigate the circumstances surrounding your complaint and it will also be necessary for me to discuss the position with our client (Halifax), I have therefore placed your account on hold and I would ask you to accept my assurance that i will revert to you as soon as I possibly can.

 

Thank you for your assistance

 

Mrs K Murray

Operational Support Supervisor.

 

 

Then 9 days later I recieve this letter from people i dont know at all regarding same account.

 

IQOR Recovery Services Ltd Preston

 

 

Dear Scouser9

 

Halifax PLC have passed your Debt to IQOR Recovery Services Ltd with instructions to recover your outstanding balance in full, Accepted methods of payment overleaf.

 

If you do not take action to resolve this matter immediately, we may commence legal action in the county court / sheriff's office. This may result in a judgement being recorded against you.

Any judgement or Decree entered against an individual is recorded on the public register and is likely to affect their credit status and ability to obtain further credit in the future.

We may also instruct a Debt Collector to visit your home and collect the debt personally if you do not make an acceptable payment proposal.

 

If you think you cannot pay the debt in full at present then call us immediately between 8.00 am and 9.00pm Monday to Friday ti discuss how you are going to pay this debt.

 

YOU SHOULD MAKE YOUR PAYMENTS DIRECTLY TO US, AS THIS IS ONLY WAY TO ENSURE THAT OUR ACTION STOPS IMMEDIATELY

 

This Moorcroft outfit was worrying enough now these fellows have come on board from where and why when I still have a dispute with Halifax is beyond me.

 

I will appreiciate any letter ot comments that you may think will help me, but firstly I think we have to stop Halifax paying money ???? of dont know how much to them, as it is my money not theres

 

Thanks I await your response in anticipation

 

mike

Keep claiming the right

 

Mikey

 

If you find that I have helped in anyway please click on the scales to left of the screen- Thank you

 

Advice & opinions of Scouser9 are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

 

 

50% Of claim offered by The Halifax 09/12/2006

LBA letter sent 11/12/2006

Refusal in part of Payment sent 12/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Survey Submitted and Donation Made 02/01/2007

PPI Claim Sent To Halifax 25/11/2008

PPI Claim Halifax Won 31/12/2008

PPI Claim Sent To Carcraft 22/12/2008

Link to post
Share on other sites

Hi again,

 

I also received this letter on the 25/11/2008 in regards to same account.

 

Midas Legal Services

PO BOX 402

George House

John Street

Stockport

SK1 3 EG

 

Dear Scouser9

 

Re:- Halifax

 

LIGATION WARNING

We have been advised that you have failed to reach a repayment agreement with Moorcroft Debt Recovery Ltd cvoncerning the above account and have been asked to prepare a file for review prior to commencement of any legal action.

To prevent further action you must contact Moorcroft Debt Recovery Ltd at the following address.

 

Moorcroft Debt Recovery Ltd

P.O. Box 17

Moorcroft House

2 Spring Gardens

Stockport

SK1 4AJ

 

Tel:0161 475 2808

 

Failure to contact Moorcroft Debt Recovery Ltd by the 02/12/2008 may result in the issue of legal proceedings without further notice.

 

 

 

Now my question is this with all these people sending my letters who has given them permission for my data to be shared, and I am very confused with all these people saying one thing and another who is the biggest threat, what do or who do i get intouch with first, ooooohh my head hurts.

Any suggestions anyone

 

regards

 

mike

Keep claiming the right

 

Mikey

 

If you find that I have helped in anyway please click on the scales to left of the screen- Thank you

 

Advice & opinions of Scouser9 are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

 

 

50% Of claim offered by The Halifax 09/12/2006

LBA letter sent 11/12/2006

Refusal in part of Payment sent 12/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Survey Submitted and Donation Made 02/01/2007

PPI Claim Sent To Halifax 25/11/2008

PPI Claim Halifax Won 31/12/2008

PPI Claim Sent To Carcraft 22/12/2008

Link to post
Share on other sites

Hello Mike,

 

Jeepers it looks like the halifax has sent the world and his wife after you:rolleyes:

 

Have you sent anybody a request under section 77/78 for a true copy of your original credit agreement. Halifax or Moorcroft or iqur recovery services??????

 

It looks to me that the halifax have only instucted these bully boys to pursue you for payment, they don't look like they have sold it.

 

The intended litagation letter is just probably moorcrofts inhouse solicitors attempt to scare you, me thinks.

 

Will have a look at the figures for you:grin:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

Cash Loan 6,000

Charge for credit 1,860

Total 7,860

Insurance Loan 1,385,52

Total Charge for Insurance Loan 398.28

Total Insurance Payable 1,783,80

 

So they charged £1385.52 and this attracted £398.28 in interest.

Total insurance charged was £1,783.80 (rather expensive on a £6,000 loan):eek:

 

I worked it out at 8% stat interest from 22/2/2003 to be £834.33 so the total required is £2,618.13

 

At their rate of 10.9% interest on top is £1,136.77 so the total required is £2,920.57.

 

Start with the 10.9% and then if needed demand the 8%.

 

Come back with the ca request if you can please:grin:

  • Haha 1

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

Hi, Hellasnofury thanks for the figures what do you mean by the ca request please

 

mike

Keep claiming the right

 

Mikey

 

If you find that I have helped in anyway please click on the scales to left of the screen- Thank you

 

Advice & opinions of Scouser9 are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

 

 

50% Of claim offered by The Halifax 09/12/2006

LBA letter sent 11/12/2006

Refusal in part of Payment sent 12/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Survey Submitted and Donation Made 02/01/2007

PPI Claim Sent To Halifax 25/11/2008

PPI Claim Halifax Won 31/12/2008

PPI Claim Sent To Carcraft 22/12/2008

Link to post
Share on other sites

Hi, Hellasnofury thanks for the figures what do you mean by the ca request please

 

mike

 

Hello Scouser,

 

Have you sent a legal request under section 77/78 of the consumer credit act 1974 for a true copy of your credit agreement. This legal request costs you £1 and by law they have twelve workings days to provide you with it, the credit agreement, the terms and conditions and a statement of the account (what has been paid and when and how much is outstanding).

 

It they do not comply with this legal request, the account can be placed into legal dispute, until they provide you with it:grin:.

 

I would possibily send one to the lovely moorcroft first and that might make them back off for a while longer:grin: If they are pursuing you, they must provide you with the evidence that they legally can. You do have rights you know:grin:

 

This is the link for the letter, you need letter N, enclose a £1 postal order, print you name and sign with a big line through you signature (so you know if you see it again) send it recorded delivery and keep everything in a file, your can also track the letter via the royal mail website so you kno they received it, you can even obtain a print of a signature.

 

Creditors and DCAs - Letter Templates & Budget Planner

 

On another note have you sent the halifax a SAR for all of the information that they hold about you?????

Edited by hellhasnofury

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

Hi Hellasnofury,

 

Yes ive received a full copy of my loan agreement its a true photocopy with my signature and everything on it, I had a copy from Halifax and Moorcroft, and since that they have closed my bank account but not my savings account.

I also have a laid out payment by payment from Moorcroft is that what you mean.

I have a telphone number to the woman dealing with my case and its on my previous posts and she says to get in touch to discuss the account,? what do you think.

Perhaps I give her the figures you have worked out and she pays me (wallah) as if it was that easy.

 

And Ive another money matter with Carcraft that needs to be worked out on a spreadsheet could you please do that one for me as well hellasnofury please, im useless with figures and spreadsheet.

 

Thanks in advance

 

mike

Keep claiming the right

 

Mikey

 

If you find that I have helped in anyway please click on the scales to left of the screen- Thank you

 

Advice & opinions of Scouser9 are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

 

 

50% Of claim offered by The Halifax 09/12/2006

LBA letter sent 11/12/2006

Refusal in part of Payment sent 12/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Survey Submitted and Donation Made 02/01/2007

PPI Claim Sent To Halifax 25/11/2008

PPI Claim Halifax Won 31/12/2008

PPI Claim Sent To Carcraft 22/12/2008

Link to post
Share on other sites

Hi here we go with the Carcraft Robbery or Loan as they put it!!!!

 

Start date 6/8/2004

 

CASH PRICE 6,090,00

GAP INSURANCE 150.00

PPI 1,258,00

DOC FEE 100,00

OPTION TO BUY 50,00

CASH DEPOSIT 100.00

TOTAL CREDIT 7,548.00

HIRE PURCHASE 4,528,80

BALANCE TOTAL 12,176,80

 

APR 28.5

48 MONTHS @ 251.60

 

I have received my cca request in the form of a full photo copy of my agreement and with my signature.

 

I pay Marsh Finance of Rochdale my payments.

And I approached them with a Miss Selling PPI claim and they said the following.

 

Dear Scouser9,

 

In response to your letter re mis-selling of Payment Protection Insurance,(PPI), the policy was sold by Carcraft who are independent to Marsh Finance and are in no way linked, Marsh Finance Ltd are purely the financing company and not the seller of the policy.

Carcraft is fully approved by the FSA to sell insurance policies. Therefore we are unable to comment re the claims that the policy was mis-sold and not liable for any compensation

 

So Ive already sent a mis-selling letter off to Carcraft just waiting for reply.

 

What do you think so far, Ive got the Carcraft telephone number off CAG and will be useing it as soon as I know the figures

 

Thanks in advance

Mike

Edited by scouser9
added start date

Keep claiming the right

 

Mikey

 

If you find that I have helped in anyway please click on the scales to left of the screen- Thank you

 

Advice & opinions of Scouser9 are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

 

 

50% Of claim offered by The Halifax 09/12/2006

LBA letter sent 11/12/2006

Refusal in part of Payment sent 12/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Survey Submitted and Donation Made 02/01/2007

PPI Claim Sent To Halifax 25/11/2008

PPI Claim Halifax Won 31/12/2008

PPI Claim Sent To Carcraft 22/12/2008

Link to post
Share on other sites

Hi Hellasnofury,

 

Yes ive received a full copy of my loan agreement its a true photocopy with my signature and everything on it, I had a copy from Halifax and Moorcroft, and since that they have closed my bank account but not my savings account.

I also have a laid out payment by payment from Moorcroft is that what you mean.

I have a telphone number to the woman dealing with my case and its on my previous posts and she says to get in touch to discuss the account,? what do you think.

Perhaps I give her the figures you have worked out and she pays me (wallah) as if it was that easy.

 

And Ive another money matter with Carcraft that needs to be worked out on a spreadsheet could you please do that one for me as well hellasnofury please, im useless with figures and spreadsheet.

 

Thanks in advance

 

mike

 

Hello Scouser,

 

Are you sure that your loan agreement, does not have any little blips to it.

 

This is a very interesting thread and relates to Multiple agreements, can you post up your credit agreement, ommiting your personal details for us to have a look, see if we can spot and clinks in it. I do believe their is arguement regarding a loan with ppi applied, comes under restricted (ppi) and unrestricted use (loan)

 

Multiple agreements falling within section 18 CCA 1974

Have a read and see what you think?????

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

Hi here we go with the Carcraft Robbery or Loan as they put it!!!!

 

Start date 6/8/2004

 

CASH PRICE 6,090,00

GAP INSURANCE 150.00

PPI 1,258,00

DOC FEE 100,00

OPTION TO BUY 50,00

CASH DEPOSIT 100.00

TOTAL CREDIT 7,548.00

HIRE PURCHASE 4,528,80

BALANCE TOTAL 12,176,80

 

APR 28.5

48 MONTHS @ 251.60

 

I have received my cca request in the form of a full photo copy of my agreement and with my signature.

 

I pay Marsh Finance of Rochdale my payments.

And I approached them with a Miss Selling PPI claim and they said the following.

 

Dear Scouser9,

 

In response to your letter re mis-selling of Payment Protection Insurance,(PPI), the policy was sold by Carcraft who are independent to Marsh Finance and are in no way linked, Marsh Finance Ltd are purely the financing company and not the seller of the policy.

Carcraft is fully approved by the FSA to sell insurance policies. Therefore we are unable to comment re the claims that the policy was mis-sold and not liable for any compensation

 

So Ive already sent a mis-selling letter off to Carcraft just waiting for reply.

 

What do you think so far, Ive got the Carcraft telephone number off CAG and will be useing it as soon as I know the figures

 

Thanks in advance

Mike

 

Ok the figures on this one

 

ppi £1,258

interest £865

Total £2,123

 

Interest at 28.5% is £2,658 Total to be refunded is £4,781

 

Interest at 8% is £746 Total to be refunded is £2,869

 

Again look at the arguement relating to Multiple agreements:-D

 

By all means phone them, but they can say anything over the phone and not do it. You need a paper trail of letters as evidence to get them:-D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

Hi hellasnofury,

 

Thanks for the excellent work and quick reponse, I dont understand what blips are, I have read the info link you sent and it seems com=nfusing to me but I get the drift about adding PPI after the point.

 

I will scan and post both of loans in a short while im not to sure how to do it but i will sort it. I will post both meaning Halifax and Carcraft documents

 

Thanks again

 

regards

mike

Keep claiming the right

 

Mikey

 

If you find that I have helped in anyway please click on the scales to left of the screen- Thank you

 

Advice & opinions of Scouser9 are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

 

 

50% Of claim offered by The Halifax 09/12/2006

LBA letter sent 11/12/2006

Refusal in part of Payment sent 12/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Survey Submitted and Donation Made 02/01/2007

PPI Claim Sent To Halifax 25/11/2008

PPI Claim Halifax Won 31/12/2008

PPI Claim Sent To Carcraft 22/12/2008

Link to post
Share on other sites

Hi Hellasnofury,

 

Just a thought how long back can you claim mis-sold PPI, as someone said to me that it would be like bank charges, ie that we can only go back 6 years, do you think this is true.

 

As I am unsure about claiming one of my claims other than Halifax and Carcraft.

 

I still cannot post attachments so I cannot post my loan agreements for you to peruse, perhaps I should ask a mod to intervene eh?

 

Obliged for all your help.

 

Mike

Keep claiming the right

 

Mikey

 

If you find that I have helped in anyway please click on the scales to left of the screen- Thank you

 

Advice & opinions of Scouser9 are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

 

 

50% Of claim offered by The Halifax 09/12/2006

LBA letter sent 11/12/2006

Refusal in part of Payment sent 12/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Survey Submitted and Donation Made 02/01/2007

PPI Claim Sent To Halifax 25/11/2008

PPI Claim Halifax Won 31/12/2008

PPI Claim Sent To Carcraft 22/12/2008

Link to post
Share on other sites

PPI is a bit differant as it was mis-sold you can go back as far as to the point it was mis-sold.

 

On my Claim im going back as far as 06/2000.

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

Thanks Pompey

 

regards

 

mike

Keep claiming the right

 

Mikey

 

If you find that I have helped in anyway please click on the scales to left of the screen- Thank you

 

Advice & opinions of Scouser9 are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

 

 

50% Of claim offered by The Halifax 09/12/2006

LBA letter sent 11/12/2006

Refusal in part of Payment sent 12/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Survey Submitted and Donation Made 02/01/2007

PPI Claim Sent To Halifax 25/11/2008

PPI Claim Halifax Won 31/12/2008

PPI Claim Sent To Carcraft 22/12/2008

Link to post
Share on other sites

Hello Mike,

 

Just a thought how long back can you claim mis-sold PPI, as someone said to me that it would be like bank charges, ie that we can only go back 6 years, do you think this is true.

 

Generally banks etc would say this is the case but if your loan is linked to multiple refinancing the Financial Ombudsman Service will go back further. I have just been successful on claims back to 1997 via the FOS route.

 

You mention Moorcrofts who I believe are a DCA if this is the case there are other threads that will help you deal with any harrassment from them. Please see this from the debt action group forum.

 

Please have a look at this link harrassment is against the Law...

 

Protection from Harassment Act 1997 (c. 40)

 

These are a couple of extracts

 

you will see the law is on your side in this:-)

 

If you get more calls just quote this regulation ask for their full name as you will start legal action against them personally under this Act.:shock:

 

England and Wales

 

1 Prohibition of harassment

 

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

(3) Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

(a) that it was pursued for the purpose of preventing or detecting crime,

(b) that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

© that in the particular circumstances the pursuit of the course of conduct was reasonable. IMO none of this would apply to DCA's phone calls.

2 Offence of harassment

 

(1) A person who pursues a course of conduct in breach of section 1 is guilty of an offence.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

(3) In section 24(2) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (arrestable offences), after paragraph (m) there is inserted—

“(n) an offence under section 2 of the Protection from Harassment Act 1997 (harassment).”.

3 Civil remedy

 

(1) An actual or apprehended breach of section 1 may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question.

(2) On such a claim, damages may be awarded for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment.

 

Do not fear these People they are in the wrong to harrass

 

Hope this helps:wink:

 

aa

 

this is the link to the forum...

 

Debt Collection Industry

 

With regards to your claim I believe the way forward is to give them the statutory 8 weeks time limit and failure to respond or negative response then submit a formal complaint to the FOS together with copies of all the relevant correspondence both ways.

 

It is up to the individual making the claim to choose between FOS or Court if you go to FOS first and your complaint is not upheld you still have the option of Small Claims Court if you go to Court first and lose the FOS will not take up your complaint.

 

Complaints to the FOS can be lengthy I submitted three about August this year and two have been upheld with PPI claims on 7 loan accounts (settled but not to my full satisfaction on 22 Dec, so it took about 4 months) and one is still pending along with a complaint to the Information Commissioners Office which is currently being investigated.

 

The FOS are fully approachable for advice and this is the link for full info including telephone numbers and they will even phone you back.

 

Financial Ombudsman Service

 

If your claim is based upon the fact you had PPI and they would not pay up with a claim due to illness etc due to exclustions then I believe you would have a valid claim for mis-selling but also see this..........

 

For claims before 2005 and the FSA ruling from which campaign

How to tell if you’ve been mis-sold PPI

Quick check: were you mis-sold? - How to tell if you’ve been mis-sold PPI

 

Another useful site to help you reclaim missold PPI UPDATED 16 JUN 08

Reclaim your PPI premiums - payment protection insurance | This is Money

 

This is a little snippet from the above link....

 

Can I reclaim on any PPI policy?

Your claim for compensation is dependent on when you took the insurance. PPI sales only came under the jurisdiction of the FSA on 14 January 2005. Any sales made before then are not covered by the latest rules.

However, it may still be worth complaining to your lender if you feel you have been mis-sold. If you bought before January 2005 it is likely that they will have been covered by a previous regime of rules. This means that the Financial Ombudsman Service will be able to consider these complaints. If you took PPI after January 2005, your claim is subject to the latest rules.

 

Most of the above is taken from this link in the stickies at the top of the forum. It is long and there are a lot of links to check through but valuable information is available to assist you.....

 

links

 

Please feel free to dip into anything in my thread in the way of letters to change and use to your own particular case.;)

 

Hope this is of use I will try and help you where I can.

 

aa

 

  • Haha 1

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

Link to post
Share on other sites

Thanks for all the info Alanalana, I will browse through it all, and give my feedback later

 

Thanks again

 

Mike

Keep claiming the right

 

Mikey

 

If you find that I have helped in anyway please click on the scales to left of the screen- Thank you

 

Advice & opinions of Scouser9 are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

 

 

50% Of claim offered by The Halifax 09/12/2006

LBA letter sent 11/12/2006

Refusal in part of Payment sent 12/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Survey Submitted and Donation Made 02/01/2007

PPI Claim Sent To Halifax 25/11/2008

PPI Claim Halifax Won 31/12/2008

PPI Claim Sent To Carcraft 22/12/2008

Link to post
Share on other sites

Hiya Gang,

 

Here is the reply from Halifax so far, where do I go from here ?? Do i accept or go with aletter of some sort,????

Any suggestions will go down well at this time, the figures fall short of what alanalana as worked out but its nearly there,.

 

 

Here goes.

 

Dear Scouser9,

 

I am pleased to confirm that the redress of your Payment Protection Insurance (PPI) on your Halifax loan has now been cpmpleted and I apologise for any delay you have experienced in your redress calculated.

 

The calculation considers the number of premiums you paid towards PPI, plus the interest charged on these premiums at the rate of your loan, plus interest at 8%.

 

Below is a breakdown of the compensation calculation.

 

Refunds of premiums paid to date = 1,132.86

Refund Of Interest at 10.9% APR = 442.82

Interest for compensation at 8% = 443.03

Total Redress = 2,008.71

 

The rest of the letter states that they will take that will take payment of whats left of the loan owed leaves me with a total compensation amount payable to me of 304.59

 

I can consider this as a win WOOHOO for me:D

 

Now for Carcraft teehee

 

Regards

Mike

Edited by scouser9
Addition

Keep claiming the right

 

Mikey

 

If you find that I have helped in anyway please click on the scales to left of the screen- Thank you

 

Advice & opinions of Scouser9 are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

 

 

50% Of claim offered by The Halifax 09/12/2006

LBA letter sent 11/12/2006

Refusal in part of Payment sent 12/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Survey Submitted and Donation Made 02/01/2007

PPI Claim Sent To Halifax 25/11/2008

PPI Claim Halifax Won 31/12/2008

PPI Claim Sent To Carcraft 22/12/2008

Link to post
Share on other sites

Hiya Gang,

 

Here is the reply from Halifax so far, where do I go from here ?? Do i accept or go with aletter of some sort,????

Any suggestions will go down well at this time, the figures fall short of what alanalana as worked out but its nearly there,.

 

 

Here goes.

 

Dear Scouser9,

 

I am pleased to confirm that the redress of your Payment Protection Insurance (PPI) on your Halifax loan has now been cpmpleted and I apologise for any delay you have experienced in your redress calculated.

 

The calculation considers the number of premiums you paid towards PPI, plus the interest charged on these premiums at the rate of your loan, plus interest at 8%.

 

Below is a breakdown of the compensation calculation.

 

Refunds of premiums paid to date = 1,132.86

Refund Of Interest at 10.9% APR = 442.82

Interest for compensation at 8% = 443.03

Total Redress = 2,008.71

 

The rest of the letter states that they will take that will take payment of whats left of the loan owed leaves me with a total compensation amount payable to me of 304.59

 

I can consider this as a win WOOHOO for me:D

 

Now for Carcraft teehee

 

Regards

Mike

 

Hello Scouser:D

 

Excellent news for you:D

 

It would appear that they have refunded the ppi and interest that you paid and the unpaid portion they should have hopefully reduced the balance of the loan.

 

Before you snatch their hand off, what is going on with the dca and have they placed a default on your file, due to their irresponsbile lending and mis-selling you ppi:rolleyes:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Link to post
Share on other sites

Hi Hellasnofury,

 

I am in the motion of downloading my DCA file from Credit Expert, once the cheque and the letter of loan payment in full is received I will get on with everything else.

 

So should I send a acceptance letter as once paid, it means that the loan is clear at last and that is the most important thing on my mind at present.

 

Regards

Mike

Keep claiming the right

 

Mikey

 

If you find that I have helped in anyway please click on the scales to left of the screen- Thank you

 

Advice & opinions of Scouser9 are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

 

 

50% Of claim offered by The Halifax 09/12/2006

LBA letter sent 11/12/2006

Refusal in part of Payment sent 12/12/2006

Halifax settled with £4200 agreed amount 27/12/2006

Survey Submitted and Donation Made 02/01/2007

PPI Claim Sent To Halifax 25/11/2008

PPI Claim Halifax Won 31/12/2008

PPI Claim Sent To Carcraft 22/12/2008

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...