PPI and Court

[pompeyfaith]

Re: PPI and Court

No not surprised at all, I knew it was a fob off letter as the reply was so quick certainly not enough time to investigate the issues I raised.

PF
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Aside Nellie why are you still a Jack Russell come on I've got to a scottie lol

PF

[pompeyfaith]

Re: PPI and Court

You need another 23 posts

PF

[nelliewops]

Re: PPI and Court

You need another 23 posts

PF

Ahhhhhhhh................so that's what it is, lol :tung:

[pompeyfaith]

Re: PPI and Court

Right following a conversation with WendyB and Sapphire in the chat room last right and with no further communication from the FOS with regard to the above I have decided to post all the Agreements, Default Notices, Letters etc on here with a synopsis of events thus far.

The reason being this all started in July 2008 with the FOS involvement starting December 2008 so it is fast approaching 3 yrs.

PART ONE

September 2007 I was made redundant and due to my medical condition (stroke in April 1991 and heart attack in March 2009) have not been able to find another job employers not interested in me.

So from Sept 2007 until May 2008 we was living off the £3500 redundancy money to pay mortgage, Loan etc as i was really hoping to bag another job before that money ran out but that was not the case.

So as I had Payment Protection Insurance ( love that term lol) I decided to claim and phoned the insurer who in turn sent out the claim forms these I filled in straight away.

The forms asked all many of questions including my state of health so I duly gave this information thinking I would be ok as I was claiming due to redundancy and not on medical grounds.

I sent the forms off and 3 weeks later I got a letter turning me down due to the stroke I had some 17 yrs earlier.

This came as quite a shock given that I had disclosed this info to the bank at the tie of taking out all loans since March 1999.

Anyway despite further phone calls to the insurer they would not budge so had to go down the mis-selling route.

So after getting help from consumer forums I sent an SAR off in June 2008 this resulted in returning just 8 agreements and nothing else relating to the 9 policies I have had.

In a phone call to the bank they stated that the first agreement we signed in march 1999 had been destroyed. So undeterred I sent off a second SAR hoping that it would be actioned by another bank employee.

This did the trick as 9 agreements turned up but still nothing relating to the insurance policies.

So with those agreements I set about sending off my first letter in July 2008 as half expected this was met with a fob off letter so I sent the LBA letter.

In October 2008 I received on offer letter offering redress on only 8 of the policies this they said was because they held no info on the first agreement in march 1999 this I thought was strange because if they held no info on the first loan how did they know I had it lol.

Anyway this offer was refused as it in no way reflected what I had paid since 1999. So I sent them a further letter refusing the offer and stating way and that if I did not get a satisfactory response the claim will be referred to the FOS to resolve the dispute.

At this point I stopped paying the loan because as far as I was concerned it was a valid and legit dispute.

[pompeyfaith]

Re: PPI and Court

PART TWO

After getting a deadlock letter from the bank in November 2008 I prepared and filed my claim with the Financial Ombudsman Service in December 2008. At the time I was told that PPI disputes take around 9 to 12 mths to resolve.

I was getting update letters every 8 weeks telling me my case would be looked at soon as but there was a backlog of PPI complaints.

March 2009 I was admitted to hospital with a heart attack and subsequently had a stent fitted on leaving hospital I contact the FOS and for my complaint to be escalated under the fos medical rules.

May 2009 I had my first letter from the casework support team telling me that the banks offer was a fair one and I should accept it this was totally unacceptable considering an adjudicator had not even looked at it and I felt it was just an exercise to get a case of there book.

This letter did not even answer as to why the bank has not offered redress on the first loan and considering the FOS had a copy of that agreement it felt like a blow to the lower region.

I sent a letter to the FOS explaining this but heard no more for 3 mths then got the same letter again from casework support so I rang them to find out what was going on as it appeared to me that my file was doing the desk rounds.

I told them in no uncertain terms that I was not happy and asked why my complaint was not being handled as per there medical medical rules and not reached an adjudicator yet.

This got an apology and that it will be put before an adjudicator soon as one becomes available.

At this point I got the first of three default notices from the bank this was dispite them acknowledging that the complaint was under fos investigation. This Default notice did not comply as it only gave me 9 days to comply as they did not allow time for service so I wrote to the bank explaining this and expecting a compliant one to follow but no all i got was a letter telling me that the complaint is at deadlock and that I should take it up with the fos.

September 2009 the complaint finally reaches an adjudicator and in October 2009 I get his first letter again saying that the banks offer was fair and that it still stands and I should give it consideration and that the bank has offered to pay me by chq.

So again I refuse stating why and that may reason for refusing was a valid reason I then get a letter stating that the reason the bank could not offer redress on the first loan was because they had no info or prove that i made payments to this loan.

I am now not crying but laughing because the FOS knew I had this loan because they have the agreement copy and the bank must have a record because they sent me it besides if I did not make any payments to this loan why did they offer me a further 8 loans indeed they would not have but instead defaulted me.

It was becoming quite clear that the bank at all costs were trying to avoid a pay out on this first loan because of the costs involved in interest.

This I told to the FOS and stated that this complaint needs a thorough investigation as it is not a simple case.

This he agreed and actioned it but said it will take a while.

June 2010 I get a letter stating that the bank have agreed to offer redress on the first loan and that I should sign and return the fos acceptance form.

This I will not agree to until I get a revised offer and breakdown from the bank.

This is where I am at, at the moment the letter above said that the adjudicator will write to me in a few days that was a month ago so im left pondering what to do next.
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I have since found out the current loan agreement is a multiple agreement as it should be as part of the loan refinanced another loan so is restricted and part was a further advance unrestricted.

They have also sent a further 2 Default Notices and a demand for full payment and closed the account.

They have now passed the debt to DCA's which I am being able to see off but none of this should be happening while the account is with the FOS.

Now although the Loan should be unenforceable in a court of law I have no intention not to pay it and will once they pay what they owe me which is a lot more than I owe them.

PF
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Right has taken me a while to type all that so agreements et al I will post up here tomorrow.

Regards

PF

[WendyB]

Re: PPI and Court

thanks PF, very clear and concise

I have a couple of questions. Firstly, do you have bank statements etc which would prove you paid the first loan? If you hadn't paid it they would have defaulted you/taken you to court et long before now, and if you hadn't paid the first loan why would they have given youa further 8 loans???? Numpties!!!!!!
Have they specified any amounts they are offering on the 8 loans?

and my last question..................................

is there another Wendy on this forum masquerading as me lol. Cos unless I have had a major memory wipeout.........................I wasn't in Chat last night LMAO

[pompeyfaith]

Re: PPI and Court

No statements unfortunately as this goes back some 11 years but as you and I say its not rocket science.

They first offer was just under £6000 which by my calculations is way out and on this last and current loan they have returned £914.20 to the loan but only offered just under £300 so those two do not add up to the policy cost of £1,511.27.

Sorry confusion I thought there was two of you giving me advice but it was just sapphire
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going by the settlement figures and the figures on there first offer I have managed to find out that the two do not total the policy cost on all the loans.

My estimate is about £25,000 give or take a few

[Bill-K]

Re: PPI and Court

As Wendy says, PF, very well explained - thank you. So, from what I understand, you have finally got them to admit mis-selling on the first loan, in that they have offered redress. They have effectively acknowledged the loan, then, it seems. Well batted, that man !!!

The loan existed, then, and there is NO evidence to show that you avoided payment, so it seems reasonable to me to assume that you repaid it entirely - and on schedule. That being the case, then it seems to me that all we need is to take the figures from the original agreement and set out a schedule of payments. If they have no record of any departure from this, then they cannot dispute that the debt was repaid in its' entirety - and on time, IMO. In PPI claims, it appears that the onus is upon the bank to disprove the claim, and they appear to be unable to do this. So, it seems that we need to nail down some definite figures to support your claim, as they have clearly come up with a derisory offer, and we need to now show how derisory it is.

Have you got a clear set of figures for this - and/or can I help ? It sure seems that if we can get this one sunk, the rest will go down in sequence.

Perhaps the stroke wasn't their fault - but I daresay they had a hand in your heart attack.

[pompeyfaith]

Re: PPI and Court

Greetings Bill

Thank you yes i have spreadsheets from OTR but im not entierly sure they are correct so i would welcome a second opinion on those

Ill upload them this evening along with agreements etc

As for the heart attack you are bang on there man! That is the doctors view and it is still stressful although it would not be so much so if the bank did not take such a hardline with there debt collection activity

[pompeyfaith]

Re: PPI and Court


















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As you can see aswell as the dates not being compliant they cant even get the amount right.
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Furthermore the top default has a bigger amount but less interest rebate than the bottom one lol
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Then I get this demand with another different amount lol



Notice with this demand they threaten court proceedings lol well I really wish they would but no they break debt collection guidelines

[The Debt Star]

Re: PPI and Court

They really are useless SOBs. Its all down to the computer age y'know. They employ a chimp to press buttons and no one at the banks actually sits down and reads the paperwork now or makes a bespoke decision.

Welcome to the future.

[pompeyfaith]

Re: PPI and Court

And another


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Now you take the current loan which had a PPI Policy cost of £1,511.27, now they rebated back into the loan £914.20 that left £597.07 right.

They have offered £345.12 so that leaves £251.95 not accounted for this is the same on all the agreements a part of the policy cost has been carried forward so not enough redress has been offered.

PF

[pompeyfaith]

Re: PPI and Court

Here you go spreadsheets.

[pompeyfaith]

Re: PPI and Court

And the rest.

[pompeyfaith]

Re: PPI and Court

Right that will do for documents for the time being off for a coffee now as it is coffee o'clock time ill be back in a while to see of anyone has a way forward with this.

I had a letter 4 weeks ago saying that the adjudicator will get back to me in a few days, but as is usual for them I've not heard a thing.

PF