Feelingdownandout Vs Halifax

[The Mould]

OK FDAO

 

If you are happy to accept the refund by that method then that is absolutely fine for you, I do understand that the balance is then reduced that bit further, however, ask B O S Ltd, what Legislation, Regulation, case law or act are they relying upon with their insistence that you can only be refunded in that manner because the account is in default.

 

Yes complain away to the ICO regarding non-compliance, the ICO will not afford you any compensation though, and they will probably give them a slap on the wrist, still, give them a head ache all the same.

 

Kind Regards

 

The Mould

[Feelingdownandout]

I just want the compound interest that i am owed - is there any chance that i will ever get that back or am i clear just wasting my time?

[The Mould]

Issue a Letter Before Claim, they are playing with you, show them that you are serious (I know that you are, but they think they can dictate to you).

 

£300 is a lot of money.

 

Kind Regards

 

The Mould

[Feelingdownandout]

ok - will do a search on here to find an appropriate letter, that will mean that if they dont take me seriously that I will have to take them to court wont I?

[The Mould]

Yes, but you need to write your own Letter Before Claim, have a look at that CPR I mentioned and follow those procedures.

 

Your said letter will be passed to the legal team and litigation will begin, if a settlement cannot be reached, then you file your claim to Court.

 

The will need to comply with the Practice Direction, so I think you will be taken seriously from that point onwards.

 

Kind Regards

 

The Mould

[Feelingdownandout]

okey dokey, that will be the plan for tomorrow, I am goign to wait for they money to hit the acct then will send my letter before action, will post it up for appoval before I send it off.

 

xx

[The Mould]

Good FDAO

 

I shall look out for that (I am sure others will also).

 

Good night.

 

Kind Regards

 

The Mould

[The Mould]

How did the PPI become part of the agreement FDAO?

 

Did you have to accept the PPI? Did you try and opt out of PPI at the point of applying for the credit?

 

I think you should not accept anything from them but the full amount that you are owed.

 

Are there any other defects in the Credit Agreement at all?

 

Kind Regards

 

The Mould

[dx100uk]

can we just clarify what has been said before in this ............

 

 

the PPI refund can be off-set against BUT ONLY TOWARD THE ARREARS

 

they cannot use any to reduce the balance.

 

after arrears offset

the rest must come to you.

 

fos guidelines apply

 

dx

[Feelingdownandout]

I understand that one, no prob. The only thing I would say is that the arrears are the full balance according to both my cra file and the default notices that they sent me.

 

so as they have said before because the acct is in default the policy is to put it back onto the acct, minus of course the disputed interest sums!

[AndyOrch]

FDAO

 

Did we not go through all this yesterday?

 

 

 

Andy

[Feelingdownandout]

yes, no probs, going to wait for the money to hit the acct and look at the next step!

[dx100uk]

I understand that one, no prob. The only thing I would say is that the arrears are the full balance according to both my cra file and the default notices that they sent me.

 

so as they have said before because the acct is in default the policy is to put it back onto the acct, minus of course the disputed interest sums!

 

the cra file will show that, and the DN is prob defective anyhow.

 

you need to look at your last statement on the CC.

 

dx

[Feelingdownandout]

have checked my cra and the default sums are £2190.

[The Mould]

FDAO

 

Politely inform B O S Ltd that you do not accept their Full and Final and serve a Letter Before Claim upon the OC.

 

Kind Regards

 

The Mould

[Feelingdownandout]

HI there, the offer has come from Halifax and not BOS, the halifax are refusing to enter into amy further correspondence, so am waiting for the funds to hit the acct then will look at the next step!

[caro]

Any news on this feely? In light of recent events regarding PPI I think it's important that you get this sorted sooner rather than later. http://www.consumeractiongroup.co.uk/forum/showthread.php?280317-***URGENT***-Get-your-claim-for-PPI-in-now!!

[Feelingdownandout]

Hi everyone, the money has still not hit the account yet, and with regards to the second acct that I have with Halifax I rcd the SAR info at the weekend and there is PPI to the tune of appox £110, so I will be submitting a claim to them today for missold PPI the same as the first account with them.

 

funny that they actually managed to send me a signed CCA even though when I asked for the origina CCA months ago they sent me a recon CCA? Must check my signature against the application form they sent me to make sure that they are not identical??!!

 

As for the PPI - following the news do my fellow caggers believe it is too late to make a claim? I already have admittance that they missold on one account to me?

 

fdao

xx

[Feelingdownandout]

update - sent off the misold letter for PPI on the seond account, so will wait and see whatt happens.

 

On another note, with regards to the first acct and the missing info from the SAR - they had an extra 20 days to send me the missing info and that was on 30th August!!

 

need to now send a Letter before Action for failing to provide the info requested.

 

can anyone suggest a good letter?

 

fdao xx

[caro]

PPI claims still being dealt with at the moment so not too late. LBA letters here:-

 

http://www.consumeractiongroup.co.uk/forum/content.php?570-Data-Protection-Act-Non-Compliance-Template-Letters

[Feelingdownandout]

thanks caro xxx

[Feelingdownandout]

updating my thread, I have just checked my statements and it would appear that the PPI on my first credit card account was refunded in August this year! fancy that, but the interest was only £2.70 - so I need to go after the rest through the FOS etc.

 

I have received a letter back from Halifax about the 2nd account and they are looking into the account for missold PPI. Apart from that there is no new news, I have put the second acct in dispue, and will maintan payments until it is resolved. Is there anything else that I should do?

[Feelingdownandout]

updating my thread - had a letter from Halifax today and my claim for missold PPI is on hold! they are awating the results from the courts before enterting into any further correspondence, so in a nutshell in the meantime I have to carry on paying BOS while the account is in dispute! I owe £80 by the time this is sorted I will owe nothing as I not holding my breath for a quick turnaround on this, they have had it for 4 months nearly!

 

any suggestions?

[Dotty50]

Hi FDAO

 

There were some warnings from the site team on here a while ago advising that this may happen and to get any claims in pronto!

 

I am not familiar with any court cases though, perhaps someone will come along and give you more details.

[Feelingdownandout]

At the time PPI Claims were still being looked at, and indeed even up until December 2010 Halfax told me that they were still looking into it, and today they tell me its on hold! it only took 4 months for them to tell me that!

 

odd.....