Pugsley v Land of leather,Open and Direct

[JonCris]

just linking

[JonCris]

how frustrating,

after my attempts to cancel ppi

igot charged

 

1st letter £25

2nd 30

3rd £100.00

 

grrrrrr

 

Check this out!

 

http://www.creditlaw.co.uk/Documents/Full%20case%20-%20London%20North%20Securities%20v%20Meadows.doc

[JonCris]

I was charged interest on ppI

 

Check this out

http://www.creditlaw.co.uk/Documents/Full%20case%20-%20London%20North%20Securities%20v%20Meadows.doc

[JonCris]

the £100 charge was for administration for sending out solicitor letter saying arrears had to be paid to the creditor. May have been inhouse solicitors

 

Still not a lawful charge.

 

Anyway solicitors charge £13.50 per letter to their client, so this company are trying to rip you off again. Also legal fees if not by consent are only recoverable if claim issued.

[JonCris]

PPI is always with a different company. The fact the seller has used a particular Insurance Company is irrelevant to you. The selling company is liable.

 

We ALL agreed to pay the charges until we found out they are unlawful as are the solicitors as believe me they do not represent the actual cost to the selling company.

[JonCris]

Wow pugsley this looks complicated. My initial impressions are:

 

1. It is normal practice for the lender to charge interest on PPI as they simply add the cost onto the loan total.

2. The costs of letters is very exhorbitant and is obviously unfair.

3. Send everything to them from now by recorded delivery. That will (or should) eliminate the excuse of 'we never got a letter', which will be valuable if it ever goes to court.

4. I would send an S.A.R - (Subject Access Request) and clearly include that you want the original agreement as part of the data, otherwise send a CCA section 77(1) request (this is a fixed agreement not running credit).

5. Sit down with everything you have in connection to this account and file it all in sequential order. That way you can see the entire picture unfolding and take action accordingly.

 

Once they reply to those then please update here so we can offer further advice according to their responses.

 

tamadus read this

http://www.creditlaw.co.uk/Documents/Full%20case%20-%20London%20North%20Securities%20v%20Meadows.doc

[JonCris]

No you are not missing the point & since this case I posted some time ago that PPI being added may render the agreement unenforcable.

 

Yes this case did make headline news at the time mainly because of the implications for all lenders. In fact you will note the the lawyers acting for the lenders specificaly refer to such implications for all lenders.

[JonCris]

Not only that but if pugsley do not sign the agreement to include PPI a criminal fraud may have taken place.

 

However most likely is the company will claim clerical error neverthless this should at the very least be reported to the authorities as a 1st step.

 

The adding of PPI without consent almost certainly makes the agreement unenforcable as being not only false but not properly executed.

[JonCris]

I expect their are some implications but I have to admit I don't know what they are at thsi point pugsley My suggestion is send the letter and find out if it has been sold to an English DCA, then my guess is you can proceed under English law. Sorry I cant be of more help on this bit.

 

Find a copy of the agreement & read the small print. Look for a heading marked "Jurisdiction" & let us know what it states. If there is no such heading look for something like "this agreement is subject to English Law" or whatever

 

The 2 PPI signatures make the agreement unenforcable as it was not properly executed as per the CCA

[JonCris]

Where was the contract signed? England or NI. On or off business premises

[JonCris]

So you are in England.

[JonCris]

just got a letter from Rockwell basically running away

 

 

your debt of £0.00 owed to open and direct 1st placement

 

 

we are no longer dealing with this matter and out files have been closed, please contact Open and Direct 1st Placement themselves regarding this debt.

 

 

very strange letter don't you think??

 

Not really!

 

Have seen quite few. These firms play the numbers game & they aren't going to get into a fight with a consumer who might know their rights. They will just move onto the next soft target

[JonCris]

You dont say what the difference of £565.90 consists of. Is it penalty charges, if so it can be challenged.