next directory ppi/ppp

[sharpgun]

my mrs had insurance with next directory since 1991. 18 months ago i lost my job,she tried to claim but they said because i was self employed she could not claim,

She owed them 4 hundred pounds after not being able to pay them they entered a default notice against her.

then it was made public that the insurances that people had taken out with loans ,cards , etc were possibly incorrect so we looked and she paid ppi since 1991 without even signing anything. She rememberes this because years ago she questioned the insurance and they said she had to write in to say she didnt want it any more,but £5 when yiour working is neither here nor there. so any way on the 17th of last month we sent in a sar from the templates on here.weve heard nothing

My question is whats the next stage.

and she has default from next on her credit file can we get it lifted and how? :-|

[sharpgun]

any ideas anyone?

[sharpgun]

if any one does look at this!!!!!!!!!!!!! do you think i could have the judgement against my other half set aside on the basis that she was missold the ppi insurance?

[sharpgun]

everyone on holiday???????????????????????????????????????????/

[havinastella]

Hi Sharpgun.

 

Sorry you have not had a reply to your questions.

 

PPI is not a special of mine so I really cannot be of much help. But you state, YOU lost your job, would you have been on the contract?

 

The problem here also lies with when your partner took out the Agreement, You should send the SAR and specifically ask for all details that apply to PPI on the account, the template should be on the PPI stickies!

 

I'm sure the proper PPI experts will be back soon!

 

 

Jogs

[sharpgun]

thank you for showing interest, i already have sent a sar with no reply am trying to find next stage to go to

[havinastella]

I shall look again when I am sober

!

 

Jogs

[hellhasnofury]

thank you for showing interest, i already have sent a Subject Access Request with no reply am trying to find next stage to go to

 

Hello Sharpgun,

 

I feel you have had a lack of response to your thread, because you have posted on the wrong forum.

 

Maybe pm a mod to move this thread to the ppi forum, so may get the help and assistance you require:-D Or start another thread on the ppi forum with all of your story

 

Correct me if I am wrong, but you are talking about setting aside a judgement, have you been taken to court for the outstanding balance , been given a ccj and been ordered by the court to pay monies to them.

 

As regarding the SAR, when did you send it to them.??????????

[sharpgun]

1 sent the sar 17th nov and yes she has been taken to court and she was paying ten pound a month but stopped a few months ago

[sharpgun]

oh and can sombidy possibly move my thread to the right forum please

[hellhasnofury]

1 sent the Subject Access Request 17th nov and yes she has been taken to court and she was paying ten pound a month but stopped a few months ago

 

Wow thanks for the scale click and I haven't even warmed up yet:grin:

 

As regarding the SAR, as of today they have had 45+2days to comply if you sent it on the 17th Nov. Did you send it recorded delivery and have you checked on the royalmail website tracking service that they did indeed receive it;-)

 

You would also expect with the xmas post and bank holidays there may be a slight delay, but this must be within reason:rolleyes:

 

You can send a non-compliance letter to them tomorrow, just reminding them they are in breach of your sar. You will find the template letter on the main page of the forum in the bank template letter sticky

 

On another note, due you have a copy of the credit agreement??????

[sharpgun]

no thats what were asking for shes had ppi since 1991 paying anywhere between £2 and £6 per month and she owes only £200 now but the main thing is to get the default lifted and her money plus interest back

[hellhasnofury]

Hello sharpgun,

 

Ok send them the non compliance letter from the bank template letter sticky, informing them that they are in breach of your sar and their failure to comply withing 7days, will result in you placing a complaint with the information commissioners office

 

You will find a letter to request a true copy of your credit agreement in this sticky, you need letter N. Send a one pound postal order and sign the letter, with a line through your signature, (so you know if you see it again). They have 12 working days + 2 postage to comply.

 

Can I ask why now you have stopped payments, if the court have ordered this payment????????

[sharpgun]

surely they owe us money weve got the default on there anyway so thats why i wanted to have it set aside

could you please send me the link of the banks template (not easy to find if your an idiot like me)

Edited January 3, 2009 by sharpgun

[sharpgun]

ok had a letter from next today with statements, well not statements (a print out) I now have some question's

1 the ppp as they call it seems to change every month is this right?

2 they have not given us a signed credit agreement just a credit agreement sent on there letter head with no signature or date looked pretty new to me

3 a default notice dated 2006 but with no signature ( i don't think they have a real one they just typed this one)

4 they charge a service charge monthly at 2.027% is this claimable?

any ideas anyone?

[sharpgun]

hi every one i posted this wher no one could see it so i have the right place now i hope

my mrs had insurance with next directory since 1991. 18 months ago i lost my job,she tried to claim but they said because i was self employed she could not claim,

She owed them 4 hundred pounds after not being able to pay them they entered a default notice against her.

then it was made public that the insurances that people had taken out with loans ,cards , etc were possibly incorrect so we looked and she paid ppi since 1991 without even signing anything. She rememberes this because years ago she questioned the insurance and they said she had to write in to say she didnt want it any more,but £5 when yiour working is neither here nor there. so any way on the 17th of last month we sent in a Subject Access Request from the templates on here.weve heard nothing

My question is whats the next stage.

and she has default from next on her credit file can we get it lifted and how? :-|

[sharpgun]

1 sent the Subject Access Request 17th nov and yes she has been taken to court and she was paying ten pound a month but stopped a few months ago

[sharpgun]

ok had a letter from next today with statements, well not statements (a print out) I now have some question's

1 the ppp as they call it seems to change every month is this right?

2 they have not given us a signed credit agreement just a credit agreement sent on there letter head with no signature or date looked pretty new to me

3 a default notice dated 2006 but with no signature ( i don't think they have a real one they just typed this one)

4 they charge a service charge monthly at 2.027% is this claimable?

any ideas anyone?

[sharpgun]

ok have this morning spoken to karen ward and she has told us that there is no signed credit agreement also they do not have a signed copy of the default notice that was supposed to have been received by us.

please can someone tell us the next thing to do

[sharpgun]

is this in the right forum ?

[pinknico]

with regards to no agreement and no signed default notice, I would post in the Debt forums for advice. They will know where you stand legally.

[sharpgun]

right have sent non compliance letter they havnt sent all information

[sharpgun]

question for someone?

can i apply to have the default set side on the basis of mis selling ppi,

[militantconsumer]

I believe it is common for Next Directory not to have copies of signed credit agreements, making the alleged debts probably unenforceable. Here is an interesting thread for some background reading:

http://www.consumeractiongroup.co.uk/forum/store-cards/69695-next-directory-covered-cca.html

 

On the PPI, are you saying that she was still in work but tried to claim because you (not her) had lost your job? I think it would be hard to claim mis-selling if it can't be proved that she was misled into thinking that the insurance would cover this situation.

 

Also if they have a record of the conversation several years ago then the obvious question is why you didn't cancel the insurance at that point once you knew about it.

 

Another problem is how far back you are trying to claim. I know there have been successful claims more than 6 years back but if you don't have the paperwork it is going to be hard to prove anything or convince anybody that you can remember what happened.

 

Having said all of the above, if they have no signed paperwork then they are going to have a hard job proving that you ever agreed to being charged for it in the first place.

[sharpgun]

no she hasnt ever been in work since she has been with next she only tried to claim when i was out of work.

but the main question is can i set the default aside?