Halifax SAR MBNA SAR Prelim letter to GE Money plus couple others fingers crossed.

[bigdave368]

Hi all,

Halifax SAR sent this morning for a mortgage I had between June 01 to April 08 let's see what crops up.

Also send a SAR to MBNA for credit card.

A prelim letter to GE Money for a secured loan/mortgage.

Also letter to Fos who are dealing with a welcome finance loan.

And final requested documents to Deloitte via FSCS for a Secured loan with Freedom Finance.

 

Fingers crossed will keep everyone posted.

 

Dave

[citizenB]

Sounds like you have been very busy indeed !

[bigdave368]

Sounds like you have been very busy indeed !

TBH I was a bit rubbish with my finances when I was younger which ultimately resulted in my home being repocessed. It did give me a kick up the backside luckily the repo of my house paid all my debts off but if all of this could have been avoided I'd like some sort of retribution in the terms of reclaim charges that put me in the position in the first place.

 

Dave

[citizenB]

Well do please let us know how you get on and shout if you need any help

[bigdave368]

I didn't know half the things I could claim back until I came across this site now I'm obsessed with reading Threads all day to better my knowledge it seems to be working.

 

Dave

[bigdave368]

Hi all,

 

Got phone call this morning from Deloittes to tell me they are happy with all the documents I have sent them and they are just waiting correspondence from GE money and the insurer Signa basically to provide the same information I provided. She said they normally give them a month to reply but hopefully that is one of my claims sorted.

[bigdave368]

Got a reply to my SAR Request from HBOS I only went and forgot to sign the letter Doh lol. Letter resent with signature this time.

Also the check I sent to MBNA has been cashed so hopefully will receive something from them soon.

[bigdave368]

Received letter from FSCS today rejecting my claim stating as it was before jan 14 2005 they can't proceed even though the loan started on 27th jan 2005 and I only signed the loan agreement with PPI already added to it the day I received it which was 16th jan 2005.

[bigdave368]

The claim was against I group/GE money who fobbed it off to be the brokers fault which was freedom finance who are in default hence why it ended up with FSCS/Deloittes no idea what to do next

[bigdave368]

Update Still waiting for a Response from GE Money not holding my breath.

 

Been Advised to go after the underwriter for the claim against Freedom Finance which has already been rejected by FSCS.

 

Received SAR From MBNA but no statements just transaction history going with PPI claim as Penalty charges are probably to old so not sure to even try.

 

Still waiting for Halifax SAR.

[bigdave368]

Well worked out my PPI For MBNA Credit Card With the spreadsheet came in at over £26k not sure if its right mind.

[Andybars]

Dave, with the Freedom Finance FSCS case, I would go back to the FSCS and request they review the decision - whilst I am not expert on the scheme I have had some dealings with it, my understanding is that it covers business conducted on or after 14 Jan 2005 - as the agreement is signed after that date I believe that it falls within jurisdiction. - i.e the business is conducted on 16 Jan2005. Lenders / FOS would use the policy start date as the date of sale because it is defined whereas advice dates are less certain e.g if you have a meeting on 4th Jan but ask a question and receive an answer on 10th Jan you could argue either date as the date of advice. - which is why the agreement date is commonly used.

 

You may have spoken to Freedom Finance on 16 Jan 2005, just before signing, for further advice - if this was the case it would be interesting to see how your claim wouldnt be covered.

 

Based on my limited dealings with FSCS there is every chance a different person looking at your claim would reach a different decision on jurisdiction

[bigdave368]

Dave, with the Freedom Finance FSCS case, I would go back to the FSCS and request they review the decision - whilst I am not expert on the scheme I have had some dealings with it, my understanding is that it covers business conducted on or after 14 Jan 2005 - as the agreement is signed after that date I believe that it falls within jurisdiction. - i.e the business is conducted on 16 Jan2005. Lenders / FOS would use the policy start date as the date of sale because it is defined whereas advice dates are less certain e.g if you have a meeting on 4th Jan but ask a question and receive an answer on 10th Jan you could argue either date as the date of advice. - which is why the agreement date is commonly used.

 

You may have spoken to Freedom Finance on 16 Jan 2005, just before signing, for further advice - if this was the case it would be interesting to see how your claim wouldnt be covered.

 

Based on my limited dealings with FSCS there is every chance a different person looking at your claim would reach a different decision on jurisdiction

 

Tried speaking to someone at FSCS Today just fobbed me off

[Andybars]

Dave, if you can let me know what they said on the phone I will draft a letter for you to send them this afternoon,

[bigdave368]

I said what you suggested basically saying that the last advice i took reference the PPI was on the 16th jan 2005 which i then signed the application. As i was desperate for the money i signed as they told me i need the ppi for the loan.

[Andybars]

Dave, please find below suggested text for a written response to FSCS - it willbe interesting to see what reason they give for it still being out of jurisdiction although hopefully they will agree that the product cant be mis-sold until the sale actually takes place and this was definitely the 16th (which was a Sunday - however n those days the loan brokers were making so much money they were open 7 days a week. If any more experienced members have suggested amendments or additions then please feel free to change as appopriate

 

Your Ref : FFREF xxxx

Dear Sirs,

Iwrite further to your letter of (Insert letter date) in respect of my loan withGE Money which was sold to me by the broker Freedom Finance. It is my understanding from your website thatFreedom Finance was declared in default on 26th July 2011 and thatall claims against this organisation regarding business conducted on or after14 January 2005 should be submitted to yourselves.

As noted in my previous correspondence my complaintrelates to the mis-sale of Payment Protection Insurance. A number of conversations took place inJanuary 2005 regarding my loan and in particular the assertion of thesalesperson that insurance within the loan was compulsory. The last of these conversations is believedto have taken place just before I finally signed the agreement. The agreement confirms that it was signedon 16th January 2005, this is the date upon which the sale was made.

I note your suggestion that the sale was made prior to 14thJanuary 2005, however on 14 January when ICOB was introduced there had been nosale and therefore no mis-sale. The sale took place on or after after 14January 2005 and consequently and demonstrably falls within the jurisdiction ofthe FSCS for review.

I therefore urgently request that your decision regardingjurisdiction is reviewed in light of the above and look forward to your confirmationthat this case will be reviewed.

Should you be unwilling to do so I would ask that you clarifyin writing what you believe the date of sale of the product to be and yourrationale for using a date other than that upon which the final advice wasgiven and the Credit Agreement signed in order that I may seek further advice

Yours faithfully

Dave

[bigdave368]

Hi andy,

 

Cheers for that looks good will send it asap and hope for a favourable response.

 

Thanks again

 

Dave

[bigdave368]

UPDATE

GE Money sent prelim letter for charges no reply sent LBA no reply so far not counting my chickens.

MBNA received SAR sent off prelim letters for PPI and penalty charges spreadsheet say the claims where 20k and 40k respectively not sure if correct but sent anyway.

Sent of letter to FSCS to review the rejection for freedom finance loan thanks to andybars help hope for the best.

In process of sending SARs to HSBC,BLACKHORSE,BARCLAYCARD for a MORGAN STANLEY CC and HFC.

Still awaiting HALIFAX SAR Reply.

[citizenB]

I do so hope that you don't get all those SAR requests turn up on the same day !!

[bigdave368]

Lol citizen me to I've not sent them yet though.

Received response from MBNA this morning just to say they are investigating my account and will have a response within 28 days.

[bigdave368]

Got a response to the letter I sent to FSCS asking them to reconsider rejecting my claim. It's only to say they are re investigating my complaint but its a start.

Cheers for the idea and letter suggestion from andybars.

[bigdave368]

UPDATEReceived SAR from Halifax for the mortgage i had only 3 weeks late but nevermind loads to go through.Letter back from MBNA rejecting Penalty Charges so will send LBA later.Letter form GE Money point blank Refusing to pay any penalty charges stating they are all fair.MBNA PPI still under investigation response by 8th July.Letter from Barclaycard saying there was no check with the SAR request Load of Rubbish.Blackhorse Claiming they cant find any info on me even though i have car finance with them still absolute joke.Letter from HFC asking me to send some sort of identifacation.

[bigdave368]

Also a letter from FSCS saying my claim is being reconsidered.

[bigdave368]

Update: Recieved offer from HSBC for PPI on 2 CC of £850 but didnt offer any associated interest. And an offer from MBNA for PPI on CC for £1800 but is very low offer compared to spreadsheet.

[Andybars]

Does HSBC's wording have something along the lines of - "we are rejecting your complaint but due to the amount of premiums paid as a goodwill gesture we will refund the premiums paid" - this is a tactic they often try with smaller claims in the hope you will accept it. You will need to go to FOS / court to get the correct figure refunded. HSBC will usually make a correct offer on these when FOS ask for their casefile (but will still be months to get to this stage rather than weeks). With the MBNA one, they are one of the few lenders who will send out their full calculations on request - I would ask for a copy and see where your spreadsheet and theirs differ as a starting point.