HBOS AA Credit CArd Debt - PPI/Charges reclaimed - now have SD issued

[weeblewobble]

But it says "even if the agreement was not enforcable, which is not the case here" The last part of the letter didnt scan 100% for some reason.

[cerberusalert]

Right now I've ditched these new bi-focals that are useless I can read the agreement properly now.

 

Part 2 includes all the prescribed terms which does make it enforceable I'm afraid.

[weeblewobble]

bugger, what do i do now because i certainly cannot afford to pay the full amounts. Do i just make them a token offer, both myself and the wife have aa cards. They are still ringing 5/6 times a day, do i just answer their calls and explain, although i have done that in previous letters.

Or do i just wait till i get a court summons drop on the doormat, i cannot afford a debt management plan because im still unemployed and the wifes work has been cut to next to nothing. We can still manage mortgage payments etc but we have nothing to spare.

[ashmk]

You cant get blood from a stone.

 

The worse that can happen is they take you to court, the judge sees you cannot afford it and orders you to pay a more realistic amount. The AA know this but will play you in the hope you dont.

[weeblewobble]

Thanks for the help, so even though i owe 16k on the aa on cards (also have loans with them which we are just managing to pay) and 5k to mbna, and 5k to barclaycard all we can do is wait, or hope i come into some cash/get a well paid job.

Stupid is the word that springs to mind:rolleyes:

I should never have spent it but they just kept upping the limits at a time when i was struggling.

 

edited to add ive just noticed the account number is different to the one on the statements we are receiving now.

Apparently we also was paying something called "credit care" which it says nothing of on the agreement.

does this make any difference?

Edited June 6, 2009 by weeblewobble

[weeblewobble]

Ive just had my cca request returned which is apparently enforcable:mad:

but i have just been informed by my wife that we was paying something called "credit care" which we cancelled in 2007, but it doesnt say anything about it on the agreement:confused:

We have paid nearly £2000 of these payments according to the statements we can find 2005 to 2007. We first had the card in 2002 but cant remember signing for any credit care payments.

Also the account number changed in 2005 so the account number we have now is different from the one on the agreement:confused:

 

Has anyone else had credit care payments made, can they be claimed back?

[weeblewobble]

edited to add ive just noticed the account number is different to the one on the statements we are receiving now.

Apparently we also was paying something called "credit care" which it says nothing of on the agreement.

does this make any difference?

 

Cerberusalert, when you say part 2 contains all the prescribed terms could you just clarify as part 2 is for additional cardholders:???:

[weeblewobble]

Anybody:confused:

[weeblewobble]

I have an rbs aa credit card and since i took out the card (2002) i have been paying something called "credit care". I certainly never signed for this, and now i have my cca request returned it states nothing on there about it:confused:

Does anyone else pay "credit care" and can i possibly claim it back. I have paid approx 3.5k in payments.

thanks

[dx100uk]

urm.

def looks like PPI in sheeps clothing to me.

bet they say like momunent do about their payment protection cover, its not ppi its XYZ.

go get em.

 

dx

[weeblewobble]

Thanks for the swift reply:)

If the ppi/credit care payments are not on the cca does this make it unenforcable?

I have posted up my cca just in case you guys can spot anything i have missed:confused:

 

[alanalana]

Your aa visa card agreement does not show as you state the credit care. If you started with a CCA request £1.00 and just asked for the CCA perhaps it is now time to ask for everything with a Subject Access Request. This should get you all data that concerns you and the aa visa card including statements etc.

 

Data Protection Act 1998 - Subject Access Request

 

You can be specific with what data you request although the Subject Access Request is really asking for everything. The Statutory fee is £10.00 Postal Order is fine but keep the details of the number for future reference. Send all correspondence by at least recorded to be signed for so you can track delievery through Royal Mail.

 

The things you should specifically ask for/get from a Subject Access Request are:

 

True copies of your Consumer Credit Agreements (CCA) with the terms and conditions that were applicable to the agreement at the time the loan started.

 

Copies of all you statements.

 

Copies of all correspondence with regart to the loan, letter, fax, transcripts of phone calls or transcripts of phone calls, or other notes taken by them during the calls.

 

Also be specific in your request for full disclosure on any PPI added to the loans this should be identifiable on the CCA.

 

Specifically request the needs and wants/Customer duty of care questionnaite which should have been completed at the point of stale. This questionnaire should be filled out by the bank advisor to ensure all the relevant questions have been asked to ensure the product is fit for purpose and suitable to your needs. See this as an example.....

 

When you send your Subject Access Request you should ask for evidence of the questions asked at the point of sale.

Please see this link for an example:.....http://wwwa.mbna.co.uk/insurance/files/CP0608_INSU_MB_LP_S.pdf

 

The data requested should be data in any format that their organisation uses for filing, electronic, paper, microfiche, CD, Floppy, Magnetic tape.

 

Please have a read through the following links for further information.

 

PPI - Some Notes for Claimants..

 

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....

 

Quote:

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.

All of the above and more in this sticky at the top of the forum.

 

links

 

It's a lot of reading but some useful stuff in there:wink:

 

 

For the word loan also read credit card, mortgage, etc.

 

 

It is a lot to go through but detail is essential to prevent pitfalls as financial institutions are trying whatever tactics they can to prevent repaying.

 

aa

[weeblewobble]

Thanks aa, i will draft a letter up and get it sent off, do you think i have a reasonable chance of reclaiming any payments?

And just one other question i should have put in the first post......

The account number that we get on monthly statements is totally different from the account number on the agreement, does this have any bearing, or will all be revealed once we recieve the reply to the SAR?

Your help is greatly appreciated:)

 

Can i also add that although i have only missed a couple of payments, they are sending out a rep to our house on the 18th june. Hes not coming in and im going to refuse to talk to him/her, im also still getting several calls a day even though i have sent off the harassment letter, also they are still adding charges even though i have asked them to freeze charges/interest. If it carries on im thinking about inviting them to take me to court because they just will not listen to me.

Edited June 16, 2009 by weeblewobble

[landy_alert]

Hi weeble:)

 

My OH has a CCA (with MBNA) which also doesn't have any mention of PPI. When we sent in a mis-sold letter, they said the PPI was applied after a telephone call he made to them to activate the card - I guess they spring the question on you when you are not prepared. They admitted they didn't have a transcript of the call. This is possibly when your PPI was added - my OH has no recollection of the conversation with MBNA (it was 4 years ago). MBNA refused to uphold our complaint so we have now taken it to the FOS. If you do as aa has suggested and send off for your SAR, you should have a better idea of how to proceed next.

 

Regards,

 

Landy x

[dx100uk]

hehe mbna up to their usual tricks

if they latterly got you to agree to the PPI, then they should of sent a new agreement....jokers

 

dx

[weeblewobble]

Thanks for your help:)

I will be getting on to them with renewed vigour now i know what to expect;)

[weeblewobble]

Can anyone please explain why i have 4 different account numbers for my AA credit card? The one on the agreement is not the same as the one that shows on our latest statement:confused:

Also the card is shown as a VISA card on the early statements, and credit card on the later statements:confused:

 

And one last thing i would really appreciate an answer on is..... We received a letter stating that AA are sending out a rep tomorrow to talk to us:mad:

 

Do i just tell him to go away, and tell him all correspondance is to be dealt with by post. (which is what i have already told them:rolleyes:

Thanks

[supasnooper]

I think if you re-read the letter saying an AA may call you, it may be that they will being calling you on the phone.

 

However, If the rep turns up at the front door, tell the rep he's not welcome and shut the door.

 

If you've already bought tea and biccy's for the "visit", you may be disappointed.

[alanalana]

Thanks aa, i will draft a letter up and get it sent off, do you think i have a reasonable chance of reclaiming any payments?

And just one other question i should have put in the first post......

The account number that we get on monthly statements is totally different from the account number on the agreement, does this have any bearing, or will all be revealed once we recieve the reply to the SAR?

Your help is greatly appreciated:)

 

Can i also add that although i have only missed a couple of payments, they are sending out a rep to our house on the 18th june. Hes not coming in and im going to refuse to talk to him/her, im also still getting several calls a day even though i have sent off the harassment letter, also they are still adding charges even though i have asked them to freeze charges/interest. If it carries on im thinking about inviting them to take me to court because they just will not listen to me.

 

Best to wait and see what the SAR turns up it could take them a while longer if they are trying to reconcile statements on one account to an agreement on a different account. Cost of a SAR priceless

 

aa

[weeblewobble]

Nope, they are deffinitely paying me a doorstep visit. No problem though cos we have 4 large dogs that will be running loose around the back garden, and a front door that doesnt get answered:D

 

Any ideas as to why the account numbers are different?

[weeblewobble]

Thanks again aa, we actually have 4 seperate/different account numbers:eek:

looks like they will be busy sorting that lot out:D

[alanalana]

Thanks again aa, we actually have 4 seperate/different account numbers:shock:

looks like they will be busy sorting that lot out:D

 

Their problem If and when they reply double check all the information on your SAR any hint of a mistake then time to make a very serious formal complaint to the authorities.

 

keep on posting;)

 

aa

[weeblewobble]

Im going to send off a SAR to find out whats happening with the different account numbers, hopefully they will get it all wrong and decide i owe them nothing:D

[weeblewobble]

looks like it is just another name for payment protection:rolleyes:

but i have sent them a letter stating i expect a full refund for a mis sold policy. !

[silverfox1961]

Hi,

No idea why you got missed but hey ho.

 

HAve you done a SAR to get everything they have on you?

At least you will be able to see exactly how much they have taken off you in"credit care" and with a little luck (or not), a copy of your original agrement which will show whether you applied for it or not.