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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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PPI - Breach of Contract


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Not certain where exactly to post this so here seems to be not unreasonable.

 

I have a couple of (well old) loan agreements both of which were covered by PPI.

 

I became unemployed through ill health in 1997 for a protracted period of time and submitted claims through the lenders for the PPI (sold by them) to be invoked to discharge the loan balance within the terms of the contracts.

 

For unspecified reasons the loans still have the outstanding balances on them and I am continually harassed by one DCA after another. So far as I am concerned the correct action was the proper discharge of the debts under the terms of the insurance agreements.

 

Since 2007 I have been subjected to continual harassment and my "credit score" flags up adversely because of breaches of contract by the lenders/insurers.

 

I'd like to get these monkeys off my back so would appreciate any guidance as to the proper procedure for doing this (bearing in mind that my own attempts to resolve matters (writing to the lenders and insurers) hasn't borne fruit.

 

Ideally I'd also appreciate some recompense for six years of harassment and the the negative impact on my ability to obtain credit.

Smeagol

 

Thank you all for being part of a forum which sheds light into this murky world.

 

I used to be uncertain - but now I'm not so sure....

 

Found an interesting post on 38degrees about Bankers (et al) hiding behind bad sections in the Data Protection Act. If you want to change it add your support by voting for the proposal to change the legislation - and tell all of your friends (as I am doing here). The link is http://tinyurl.com/6fttnx5

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Have you spoken to the Original creditor ? If the loans were supposed to have been discharged under the PPI, then you need to know why there are outstanding balances. ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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When was the last time payment was made to the accounts, either by you or the Insurer ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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and what is the default date on that cra file?

 

if its 2007 it should be dropping off soon.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I believe that the last payment made by me on the accounts was mid-2007. I don't believe that the insurer ever paid anything, as the balances still appear to be the 2007 balances. Am I right in thinking that the accounts become time expired after 6 years with no activity? How does that work if the balance has been sold to one DCA after another?

Smeagol

 

Thank you all for being part of a forum which sheds light into this murky world.

 

I used to be uncertain - but now I'm not so sure....

 

Found an interesting post on 38degrees about Bankers (et al) hiding behind bad sections in the Data Protection Act. If you want to change it add your support by voting for the proposal to change the legislation - and tell all of your friends (as I am doing here). The link is http://tinyurl.com/6fttnx5

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still SB'd after 6yrs no payment

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 1 year later...

Just revisiting an old post with a new development.

 

This Black Horse unsecured personal loan was covered by PPI. It was a joint loan. One of the parties to the loan lost her job in 2007 and claimed using said PPI. Black Horse, as always, failed to act on the claim and eventually dismissed it though loss of employment was covered by the PPI (of course).

 

After writing (years ago) to the lender to put the account into dispute no further contact was made with the original lender or with any of the many DCAs who attempted coercion other than to state that the account remained in dispute with the original lender.

 

We recently received correspondence from the original lender offering a settlement of the PPI to which we have made no response including not signing the acceptance nor returning the same to the original lender.

 

We have now received the first of two cheques in the sum of the PPI offers to which neither of us have responded. I imagine that the second cheque will arrive shortly.

 

As we haven't responded to any offer then do these cheques constitute an unconditional gift?

 

Would it be prejudicial to bank the cheques?

 

In view of the fact that there has been no substantive action in respect of the disputed account since 2007 am I correct in now taking the view that the original loan (which should, in any event, have been cleared by the PPI) is now Statute Barred and therefore must be struck off?

 

Ar there any further actions which we should take in respect of this joint, unsecured load and its PPI?

 

Thanks, in anticipation.

Smeagol

 

Thank you all for being part of a forum which sheds light into this murky world.

 

I used to be uncertain - but now I'm not so sure....

 

Found an interesting post on 38degrees about Bankers (et al) hiding behind bad sections in the Data Protection Act. If you want to change it add your support by voting for the proposal to change the legislation - and tell all of your friends (as I am doing here). The link is http://tinyurl.com/6fttnx5

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Share on other sites

as POST 6

once sb'd always sb'd

 

 

though you have checked the ppi repayment is correct?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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