Help with BCT - PPI claim and out of agreement issue

[Guest mediaseller]

In October 2004 I took out a 4 year personal loan with BCT who applied PPI as a cash paid up insurance. I was not advised on the terms of the agreement until I tried (unsuccessfully) claim on in early 2006 due to unemployment. Consequently because of said unemployment I resorted to reduced payments managed by 'PayPlan' and as such fell behind until October 2007 when I got a better job and resumed payments on the agreed terms.

 

I am considering getting the PPI payment refunded at the moment and this morning I called them to see what my current balance is. The adviser explained that there would be no reduced settlement figure since the agreement had expired and all I am now paying is the arrears.

 

My questions are as follows:

 

1.Can I still claim back the PPI even the agreement has expired?

2.Can they still apply the interest on the arrears outside the terms of the agreement?

3.And perhaps the question which I guess should be blindingly obvious, can they still collect the arrears? (I think the answer to this is yes?

4.Would I be able to reduce the monthly payment amount since there is no agreement?

5.Would I be best advised to agree with them a compromise figure to settle for the sum equal to the applied PPI. In other words in exchange for me not pursuing a PPI claim would they be willing to write off the balance.

 

Incidentally I was recently diagnosed with ADHD which is classed as a disability. This is a lifelong disability which I was unaware of until my diagnosis 2 months ago so this would have nullified my PPI policy anyway for any claim related to it. Arguably this should have been pointed out at inception and was not but the equally so, I was not aware of my condition then.

 

By the way I never received a copy of the PPI terms until I tried to claim.

 

On the whole they have been reasonably fair with me except for the PPI issues.

 

What are the forum members views and advice please?

 

Regards to all.

mediaseller:confused:

[42man]

If you have tried to claim unsuccessfully, then it is very likely the policy wasn't worth the paper it was written on....You need to dispute this fact and ask for a full refund of all the premium/s. If they refuse or you are not happy with their final response then I would hand it to the FOS....Have you sent off for a SAR ?

[42man]

Have a look here - PPI Reclaiming Guide: £1,000s for missold loan insurance...

[Guest mediaseller]

Thanks Man42.

 

That wasn't the information I was looking for though since I already know how to reclaim me PPI. What I'm looking for is definate answers to the other questions of point's 2,3,4 &5. Point 1 was about PPI but not how to claim it, rather can I claim aftw the agreement has expired.

 

I havn't sent off for a SAR yet but it's in my plan.

 

I'll try to upload the credit agreement today or tomorrow since I belive this to be flawed as well for a number of reasons and i could be due back more money than I expected due to the fact that they have incorrectly shown what the total amount to be paid back was to be. While they have shown the interest percentage they have not adde this to the total cash borrowed.

 

Has anyone else got any relevant advice?

 

 

 

Best regards.

Mediaseller

Edited August 21, 2009 by mediaseller

[Guest mediaseller]

Further to my posting last week please visit this document:

 

http://i481.photobucket.com/albums/rr173/mediaseller/BCT/BCTAg1_resize.jpg

 

I have blacked out the area where I had accidentaly signed in the wroong place as wel as where I signed in the correct place. I have left in the reprasentatives intials where the date has been changed.

 

By the way the loan was not for a car but for a cash sum.

 

You will notice that the agreement number has been written in pen and not initialled or signed.

 

The total loan is for £5,762.50 and no mention of the total with interest.

 

The loan agreement timed out last October and they say that the remaining balance is £2,241 being arrears. (I was in a reduced payment plan for 15 months while in a temporary job and in October 2007 started paying the agreed £180 per month).

 

My questions are:

 

1. Is this agreement legal?
   
2. Is it enforcable?
   
3. Should I only have paid the £5,762.50 since no total including interest & charges is shown?
   
4. Can they still enforce it since it's out of time?
   

Any advice would be greatly apreciated.

 

Best regards.

 

Mediaseller

[Guest mediaseller]

Can anyone tell please me if this agreement is legally enforceable?;

 

http://i481.photobucket.com/albums/rr173/mediaseller/BCT/BCTAg1_resize.jpg

 

given the content of my other thread here;

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/216089-help-bct-ppi-claim.html

 

An urgent reply would be appreciated.

 

I am going to warn them that I intend to challenge it's validity.

 

Best regards.

 

Mediaseller :confused:

Edited August 28, 2009 by mediaseller

[dx100uk]

no its not

where are the t&c's?

 

anyhow.

 

in relation to the other thread too

i would say you have a smokescreen being put up here.

 

reclaim the ppi with int at their rate, compund it & add 8% stat

that should well claer it and give you some spare

 

dx

[Guest mediaseller]

Thanks dv100uk.

 

In what way is it not legal in your view?

 

I'll upload the T&Cs tonight.

 

Best regards.

 

mediaseller.

[Guest mediaseller]

I have uploaded the T&Cs to this download link:

 

http://i481.photobucket.com/albums/rr173/mediaseller/BCT/img003.jpg

 

The BCT logo has been removed for copyright reasons.

 

I hope this helps.

 

Best regards

 

mediaseller:)

Edited August 29, 2009 by mediaseller

[lilly white]

PLEASE I AM ONLY A BASIC ACCOUNT SO YOU WILL HAVE TO WAIT FOR OTHERS TO COMMENT.

 

However it is rubbish the cca

[dx100uk]

put it up on photobucket and post the link in yor thread

 

dx

[Guest mediaseller]

OK

 

It's done

 

mediaseller;)

[Guest mediaseller]

Hello.

 

ANy help please?

 

regards.

Mediaseller

Edited September 2, 2009 by mediaseller

[Guest mediaseller]

Any help please since they have now issued a default notice.

 

Tanks in anticipation?

[Guest mediaseller]

In October 2004 I took out a new loan with BCT for a sum of £5,000.00 which was used to pay off an existing hire purchase agreement with the same company leaving me with £1,990.02 cash back to use as I wish. PPI insurance was added to this loan upfront and this cost £762.50. (I am currently trying to re-claim this back as miss-sold.) This brings the total borrowed to £5,762.50. This does not include interest at an APR of 23.8.

 

The period of the loan was 4 years and this expired in October last year.

 

In March 2006 I was made redundant from a job which I had been in for just over 6 months and tried to claim on the PPI but this was unsuccessful due to the fact that my employer said I had been on a trial period when I was made redundant. From memory the insurance company stated that there was a clause in the policy excluding a claim when in an employer’s trial period because it was classified as temporary work so there was no payout to BCT.

 

Following this I put all my credit accounts in the hands of Pay Plan, a debt management company who negotiated with all my creditors to freeze interest and accept reduced payments. This arrangement carried on for 11 months when I got a job and I was able to resume the normal payment instalments with my creditors.

 

In the eyes of BCT while having my affairs managed by Pay Plan I had accrued arrears on the account because I was paying reduced payments, however they charged accumulated interest on the arrears contrary to their agreement not to.

 

I became aware that the credit agreement with BCT had expired in October 2008 when I called them last month and all they were collecting now are the arrears which they claim is £2,275.83 including late payment charges and letter charges. They want this figure back.

 

I have informed them that I intend to challenge the arrears, late payment charges, PPI and the validity of the agreement.

 

Attached to this posting are 2 spreadsheets in a PDF file which show the payments and charges over the period. The figures are taken from the latest statement which I requested from them under a SAR and you will see that if I am successful they will owe me £595.80 before any interest is added.

 

The credit agreement and terms are posted elsewhere on this forum but here are the links anyway;

http://i481.photobucket.com/albums/r...Ag1_resize.jpg

http://i481.photobucket.com/albums/r...BCT/img003.jpg

 

My questions are;

 

1.Is this agreement and its terms enforceable by a court and if not, why not?

 

2.I plan to negotiate with them if I can’t challenge the agreement so what would you offer them? I thought around zero pounds if they agree otherwise I will carry on with the PPI claim and start a claim up for the charges, meaning they would owe me if I’m successful.

 

3.What words do I use to say that I will not be paying any more instalments until a resolution is reached? (In fact am I entitled to stop paying while a dispute is in process)?

 

Your assistance would be greatly appreciated since I have to reply to them by the end of business on Monday October 5th 2009.

 

Many thanks in advance.

Mediaseller

 

P.S. They have issued a defalt notice prior to me raising the dispute and the issued one a year or two ago.

BCT Statement.pdf

Edited October 5, 2009 by mediaseller

[Guest mediaseller]

Can anyone tell me if there is a letter template to reclaim charges from a loan company who have charged me for Late payments (interest added on a daily basis) and have charged me £25 for each letter they sent me and £25 for changing the payment date?

 

I've looked but I only see templates relating to bank charges.

 

Thanks in advance.

Mediaseller

[Bookworm]

Yes, use the credit card charges template and adapt to your circumstances.

[Guest mediaseller]

Thanks bookworm

[IdaInFife]

do you stll have the default notice?

 

one thing on the agreement, it doesn't mention about the refinace?

ida x

[Guest mediaseller]

Hi ida.

 

I have copies of the defaults from the past and the original of the most recent. The copies are the ones sent in y recent SAR.

 

Thanks

Mediaseller

[IdaInFife]

can you scan the defaults and post up?

 

ida x

[Guest mediaseller]

Hi all again.

 

On 2th Sept 2nd 09 I wrote to BCT claiming back miss sold PPI. I have had the reply back as can be seen here:

 

 

http://i481.photobucket.com/albums/rr173/mediaseller/BCT2/CCI27102009_00000.jpg

 

None of the statements which they have made in their reply are true. I was never advised of any exclusions or rights to cancel or anything.

True I used a template which I downloaded from Moneysaving expert however this does not change the facts.

 

Associated documents are here:

 

http://i481.photobucket.com/albums/rr173/mediaseller/BCT2/ppistep1_p01.jpg

 

http://i481.photobucket.com/albums/rr173/mediaseller/BCT2/BCTChargesLetter_p01.jpg

 

 

Secondly I wrote to them on 5th of October 09 claiming back all the charges which they have applied to my account and so far have not had any response in writing, however last night I got a phone call from BCT stating that they had not received a payment for a few months and could they help by reducing payments. I advised the lady that the account and PPI are in dispute and until it was resolved I would not be paying anything. I also reminded her that the agreement was out of time by 12 months to which she insisted that they were entitled to what is remaining on the account.

 

Following my comment about non payment until the matter is resolved she threatened me with a letter before action via their solicitors to which I stated that they cannot issue an LBA while the account is in dispute and if they which to pursue this course of action then I will take them straight to court to claim back my PPI and charges.

 

The call ended on a sour note with her saying that I’m entitled to pursue whatever action I see fit.

 

I intend to counter last night’s phone call in writing. Can anyone offer any advice before I do?

 

Thanks in anticipation.

 

Mediaseller.

Edited October 28, 2009 by mediaseller

[Guest mediaseller]

Hi all again.

 

I posted elsewhere in this group a thread dealing with issues I am having with Br!t!sh Cred!t T4ust. (For reasons of mistrust I have mispelt the name).

 

See my post:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/223853-help-please-dodgy-credit.html

 

Yesterday I posted this reply to my thread can ayone help please?:

 

"On 2th Sept 2nd 09 I wrote to BCT claiming back miss sold PPI. I have had the reply back as can be seen here:

 

 

http://i481.photobucket.com/albums/r...2009_00000.jpg

 

None of the statements which they have made in their reply are true. I was never advised of any exclusions or rights to cancel or anything.

True I used a template which I downloaded from Moneysaving expert however this does not change the facts.

 

Associated documents are here:

 

http://i481.photobucket.com/albums/r...istep1_p01.jpg

 

http://i481.photobucket.com/albums/r...Letter_p01.jpg

 

 

Secondly I wrote to them on 5th of October 09 claiming back all the charges which they have applied to my account and so far have not had any response in writing, however last night I got a phone call from BCT stating that they had not received a payment for a few months and could they help by reducing payments. I advised the lady that the account and PPI are in dispute and until it was resolved I would not be paying anything. I also reminded her that the agreement was out of time by 12 months to which she insisted that they were entitled to what is remaining on the account.

 

Following my comment about non payment until the matter is resolved she threatened me with a letter before action via their solicitors to which I stated that they cannot issue an LBA while the account is in dispute and if they which to pursue this course of action then I will take them straight to court to claim back my PPI and charges.

 

The call ended on a sour note with her saying that I’m entitled to pursue whatever action I see fit.

 

I intend to counter last night’s phone call in writing. Can anyone offer any advice before I do?

 

Thanks in anticipation."

 

Mediaseller.

Last edited by mediaseller; Yesterday at 15:12.

[42man]

If they fail to satisy you and they send their FINAL NOTICE letter, then give it to the FOS.

[Guest mediaseller]

Hi 42man.

 

Yes indeed.

 

The current state is that while I was out of work in 2006 I was paying reduced payments vis a DMC called payplan who agreed the reduced payments with them and when I got into work again I started my payments at the full intallment amount again so there is stiill a ballance owing to them according to BCT. They have defaulted me a few times on this account which I believe is not possible to apply multiple defaults on the same account but I could be wrong.

 

As far as the charges are concerned they owe me £945 and if I took them to court and added 8% then they would owe me £1,115 in total.

 

The PPI claim comes to £762 so if we add together the two this would equal £1,707.00. More if I went to court.

 

The statement they provided me showed outstanding arrears (due to the reduced payments) of £1,111.00 so they would actually owe me £596.00.

 

Perhaps I shoud offer them a compromise not to persue my claim and come to a settlement to wipe out the debt. What do you think?

 

Regards.

mediaseller