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

[middenmess]

Before making any decision have a look at post 21 on my thread

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/211244-25-days-late-3-a.html

[weeblewobble]

Thanks for the link middenmess, if im reading the post correct then it means an agreement would be unenforcable because because of the different interest rates as stated on an original agreement, ill check the agreement again and compare the interest rates.

If the above is correct and it makes my agreement unenforcable what would be my next move, im presuming a letter to hbos stating the difference in the interest rates, also would this mean i could claim back all the late payment charges etc and demand a full refund on the ppi payments.

thanks for helping

[weeblewobble]

Ive managed to scan the letter now, so if anyone could take a look and give me an opinion i would be much obliged.

[middenmess]

If you could get the poster noomill060 to have a look at your thread I think that you could get excellent advice from him.

If you've read my thread that I linked to you'll understand why.

 

Look at post 34 from noomill on this thread of mine..

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/209989-gobsmacked-ease-getting-charges.html

 

Please keep us informed if you proceed with that course.

[BankFodder]

So, they make no admission and give you no explanation of what happened. They are not letting you know how much they are actually going to pay you.

 

Furthermore there is no suggestion from them that they recognise that by taking PPI installments from you, it is they who may have caused overdrafts or other problems with your account and that as it result it could be their own actions which have caused any charges on your account.

 

I think that you are entitled to more explnation than this and probably a bigger payout than they will eventually give you. It is up to you whether you want to fight a bit more. It would not prejudice your PPI payout at all - and in fact there is no reason why the actual PPI installments payout should be delayed at all.

 

I would suggest submitting an SAR for all notes and correspondence relating to the PPI policy, including the orignial application and also relating to this PPI claim including screenotes etc

[weeblewobble]

Thanks bankfodder, i have already done the SAR thing, and i have received the following....A copy of the information held on the customer system.

A copy of the information held on computer by card services.

A copy of the information held on computer by collections & recovery.

Acopy of the information held on computer by customer relations (ie; information held on common processing system and solve.it system).

 

There is no mention of any ppi application, it just shows the amounts paid on monthly statements.

Im not sure what to do with the SAR data because it all seems gobbledegook to me:confused:

[BankFodder]

What was the date of the SAR and how was it worded?

 

If info relating to the alleged PPI application was not included then the SAR is probably not complete.

Additionally ther will now be internal correspondence or notes relating to your claim for misselling and to their decision. This is personal data relating to you and you should get hold of it. I suggest that you put in another SAR and start chasing the data you need.

I would imagine that if you get your teeth into it, you could up the payment.

 

I would suggest that you wait until the money which has been promised to you has been paid into your account and then begin the fight. Do not sign anything which accepts a f&F deal. Have no further communications with them until after the payment and then submit the SAR.

 

It is far too easy for these people to missell, get found out and then buy their way out with 8% interest. The misselling is worth far more than that and of course it has caused you far more damage.

 

This bank and all the other missellers need a serious slap or else it will all simply begin again in a few years time.

Does any of this interest you?

[weeblewobble]

I sent off the SAR request on 22/6/09, and they sent out the data on 5/8/09.

I sent off the request via a cag template letter asking for ALL data with regards to credit cards and loans (we have a loan with AA but they supplied no data on this).

 

I sent a letter regards the mis-sold ppi on 17/6/09, on 29/7/09 i received a letter from ALBION COLLECTIONS stating i need to pay £12000 immediately because i am in arrears.

Can i ask if you think the agreement is unenforcable due to the interest rates being different ie, interest was being added on top of the ppi payments.

My agremment is below, and many thx for your quick replys:)

[BankFodder]

I'm afraid that I'm not up on CCA requirements but I expect that one of the mods will have a look for you.

I'm more interested in the PPI aspect for the moment which is a separate issue. Sorry to be so compartentalised about this. I'll flag the post to the mods and see if a CCA bod will pick it up.

 

I suggest that you send a further SAR or depending on the wording of your original one, challenge them on the basis that they have not complied with your first SAR.

 

If there really is evidence that you were sold PPI without ever having asked for it then I am convinced that the pay out to you should be much more than what they are likley to give you.

You should fight on all fronts

[weeblewobble]

No worries about the cca, i appreciate your help on the ppi situation:)

To be fair i would be interested in getting back whatever i can, but on the other hand things are so tight at present that i cant really justify spending £10 on another SAR, im even having to sell off bits n bobs just so i can afford to eat, my benefits have dried up ( 6months of jobseekers ) and i just cant find another job:(

If they offer to pay off my arrears and stick a possible large amount into my bank i would snap their hand off, and if i could then start chasing them again i would happily do so.

But as this has now been passed to a collection agency it would be just my luck to receive nothing at all:mad:

[weeblewobble]

i have just found the only thing relating to ppi on my sar data (apart from on the statements).

its on one of the screenshots, and it reads as follows:

 

MEMP *CREDIT CARE FLAG SET 10/10/02

 

but thats all i can find.

[SL1210]

I'm just about to hit Halifax for unfair charges and mis-sold PPI, I shall monitor this thread with interest.

 

Link to my thread regarding Halifax below.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/126590-sl1210-halifax-visa.html

[alanalana]

I sent off the SAR request on 22/6/09, and they sent out the data on 5/8/09.

I sent off the request via a cag template letter asking for ALL data with regards to credit cards and loans (we have a loan with AA but they supplied no data on this).

 

I sent a letter regards the mis-sold ppi on 17/6/09, on 29/7/09 i received a letter from ALBION COLLECTIONS stating i need to pay £12000 immediately because i am in arrears.

Can i ask if you think the agreement is unenforcable due to the interest rates being different ie, interest was being added on top of the ppi payments.

My agremment is below, and many thx for your quick replys:)

 

 

I cannot read the agreement as it is posted but if they have failed to supply you with data in respect of your SAR then you should next send them this.

 

Data Protection Act - Non-Compliance - Template Letters

 

Tell them exactly what you expect them to supply as you have already paid the £10 statutory fee and have a look at this...

 

For legal issues relating to Data Protection check this link...Lots of very useful info in understandable terms.

Data Protection | OUT-LAW.COM

 

it includes the following and much much more

Negotiating with the Data Subject (This should be important to Banks)

 

At this stage, it is advisable to negotiate with the data subject. The location information the data subject will have already given will give a clue as to what it is the data subject really wants to have information about. The benefit of the Data Protection Act 1998 is that it allows data controllers to negotiate with data subjects to get the data subject to specify the exact information he or she wishes to receive.

 

The data controller is entitled to ask for a fee of £10 and two further pieces of information. Firstly, the data controller must satisfy himself that the person making the request is, in fact, the data subject. The use of a subject access request form is advised, since the greatest breach of a data controller's security is for the data controller to satisfy a subject access request made by a person impersonating the data subject. The use of the form goes towards proving that the data controller has adequate identification and verification procedures in place. Secondly, the data controller is entitled to ask the data subject for further information to enable the data controller to locate the information which that person seeks.

 

When the last of these three pieces of information has been obtained, the forty day period starts to run. It is advisable to put procedures in place to ensure that the receipt of the request and the further information is correctly dated so that an organisation knows how long it has to satisfy the subject access request.

 

However, if the data subject is adamant that he or she wishes to receive a copy of everything the data controller holds on him or her, then there is very little the data controller can do about this, and a completely exhaustive search of the computerised and manually held data in the organisation will be required. (nice to know what you see in the Act is what you get)

 

Have a look through this link tons of stuff that may help..

 

Mis-sold PPI? Want your money back? use these links to help

 

Do not give up they must provide the information/data you have requested and paid for under the Data Protection Act 1998.

 

aa

[car2403]

I sent off the SAR request on 22/6/09, and they sent out the data on 5/8/09.

I sent off the request via a cag template letter asking for ALL data with regards to credit cards and loans (we have a loan with AA but they supplied no data on this).

 

I sent a letter regards the mis-sold ppi on 17/6/09, on 29/7/09 i received a letter from ALBION COLLECTIONS stating i need to pay £12000 immediately because i am in arrears.

Can i ask if you think the agreement is unenforcable due to the interest rates being different ie, interest was being added on top of the ppi payments.

My agremment is below, and many thx for your quick replys:)

 

The agreement appears to be enforceable - the prescribed terms are there (credit limit, interest rates and repayment details) along with your signature.

 

There may be an issue with the way they have the PPI laid out, though - I see BankFodder/Alanalana are helping with those, (and they know far more about PPI than I do) but the agreement is a multiple agreement under s.18, meaning that the PPI should have been set out seperately to the loan details and it should have had it's own prescribed terms. As it's a multiple agreement that isn't set out in that way, it throws doubt over it's enforceability.

 

It would be worth breaking the thread up to PPI, CCA and perhaps even the SAR issues - if you want that to happen, just let the site team know which posts need moving/copying to new threads and we can do that for you.

[pompeyfaith]

Hiya Weeble,

 

I must stress do not give up fight all the way my prove is below why.

 

 

 

 

The above was there offer of £5,152.49 this was not acceptable and it was only on offer on 8 loans and not the 9 i have had they said they did not hold data on an agreement in 1999.

 

I challenged this and sent of another S.A.R and yup you guessed it the missing agreement turned up.

 

They still would not budge on the offer though so in December 08 i went to the FOS.

 

They upheld my complaint on all 9 loans this week and said by there calculations i an owed £30,525.84.

 

So it took another 8 months but im sure you will agree it was worth the wait.

 

Regards

 

PF

[weeblewobble]

I was in the process of claiming back my mis-sold ppi from HBOS for an AA credit card, i received a letter from them saying i would get a payment within 10 days but because i had arrears they said they would pay them off and i would get the difference paid back to me, but the account has been assigned to Albion collections for recovery a couple of months ago. Any way today i received a letter from Albion collections and approx 4k has been paid off the account, this was the amount i should have been getting back for my mis-sold ppi, i had recently sent off a SAR to HBOS regarding the account, there was no mention of the debt being passed on, or any info on the ppi.

 

It has been mentioned in other threads about the difference in interest payments on the agreement and because there is no mention of the ppi on the agreement that this could validate the agreement due to different interest rates:confused:

 

Is there anything i could do about trying to get the ppi payments back, or am i stuffed because it is in the hands of a collection agency.

 

Any help much appreciated

[weeblewobble]

Is there nothing i can do to try and get the payments back?, got another letter this morning stating that because there is a default notice on the account the money that i have been awarded £3663.00 is all going on paying the debt:mad:

[djgordyp]

Sorry but I'm not sure of the process you need to go through but because the debt no longer belongs to HBOS then the money should come to you. albion would have paid only pennies per £ for your debt.

 

I think your first port of call is the FOS. Hopefully someone will be along soon to give further advice.

[landy_alert]

Hi weeblewobble:)

 

Just subbing to your thread with interest if that's ok as we potentially have a similar situation.

 

In our case the PPI complaint (MBNA credit card) was passed by us to the FOS who upheld it in our favour.

 

We were told in the course of a telephone conversation with the FOS that as the account had been sold to a DCA, depending on who that DCA was they could insist that the PPI refund goes to them. We took this as gospel because we had read here on the forum that if there is arrears on the account they have every right to do this.

 

Now having read djgordyp's post about the DCA buying the debt for peanuts, warning bells are starting to ring.

 

I don't know if it's too late in our case to get back to the FOS about this - we haven't heard anything from them since end of July and neither MBNA or the DCA have made contact, therefore we don't know if the refund has even gone out yet - but in your case I would definitely consider contacting the FOS to see what their viewpoint is.

 

Hopefully someone with more experience than me will be able to help you further with this!

 

Regards,

 

Landy x

[weeblewobble]

Posted a letter off today to the FOS, i will let you know the reply when i get it.

[weeblewobble]

My o/h has just recieved a letter from Blair, Oliver and Scott re; Notice of intended court action.

They are acting on behalf of AA personal finances with regards to a credit card, we have already been issued with a default and the account is £9000, i have recently got myself another job (thank god) and im earning approx £300 per week although its a zero hour contract, which basically means they could lay me off at any time without pay:(, My wife is only earning £75 per week and things are still a struggle.

At the moment we are approx 40k in debt and its just a matter of time before other DCA`s start legal action, we have been through the process of sending letters and requesting agreements etc but now it looks like we are really in the s%*t:(

We have done a budget planner and are left with very little each month, if anyone could give us any advice we would be very greatful.

[lickthewallfatboy]

have you CCA'd them?

[weeblewobble]

Yes, and its enforcable apparently. Even did the SAR bit too.

Sent off letters asking for lowered payments, and letters for harassment etc but they still insist on ringing 4/5 times a day:rolleyes:

looks like ive just got to suck it and see i suppose:(

[42man]

Is the default in the prescribed form ? dates on it ok ?

[weeblewobble]

Yes, dates are correct.

We also contacted the FOS about this because they took 4k in mis-sold ppi payments off the account instead of just the arrears:mad: