Help!!!

[Shira]

Need support & guidance after I checked the 2^nd SAR statements after going through with OCA last May 2012 due to no record of PPI rebate from DCA’s statements or lack of it.

However I did received the 2^nd SAR (screenshots) in Jan & found 3 payments over £1,000 from PPI claim but it was missing from the DCA’s statements.

Anyway I wrote to Bank loan & DCA that I have checked the statements & believe their figures to be incorrect & enclosed copies of the statements to them and also asked them for request a statement of the account, including a full breakdown of any & all charges they have applied along with a legal explanations of why they think they can be applied.


Yesterday I received their long letter … sound like they are fobbing me off with excuse as it’s been going on for nearly over a year. Also they said that I had the option to refer my complaint to the FOS within six months from their final response date letter. As timeframe has now passed this would now fall outside the jurisdiction of the FOS & would only be reviewed at their discretion!!!

I would like to know what are my rights?? Please

Many thanks

[Bill-K]

Re: Help!!!

Hi Shira,

I'm not sure exactly what your rights are, but the FOS will still accept claims after the deadline if you can satisfy them that you have a good reason for the delay - which you appear to have in this case. However, I believe the lender similarly has a right to appeal against the FOS accepting the claim - but I would think such an appeal would have to be more convincing than your own reason for the late claim submission.

It sure looks as though you are not being given true statements of account, and have been fobbed off.

[Shira]

Re: Help!!!

Thanks Bill,
I think I do have a good reason for it. I did complain to the Bank about the imcomplete SAR for sometime before I went ahead with ICO.

Anyway just few questions to ask.

SHould I inform the bank & dca that I'm going ahead with FOS for no explanations about their figures to be incorrect.

I still haven't made any payments to dca yet after going through with the PPI reclaim & ICO but they still send me letters demanding money although the amount was wrong?

Do I have the right to sent them a harassment letter?

Thanks once again.

[Bill-K]

Re: Help!!!

SHould I inform the bank & dca that I'm going ahead with FOS for no explanations about their figures to be incorrect.
You don't have any obligation to inform them, but it wouldn't hurt to have it on record that you are at least being courteous in the face of what appears to be contempt from them.
I still haven't made any payments to dca yet after going through with the PPI reclaim & ICO but they still send me letters demanding money although the amount was wrong?
Although you have claimed PPI, and apparently complained to the ICO, I don't think it has yet been established that the DCA has no right to request payments, or that you (yet) have a right to withold them. Putting the debt formally in dispute may possibly allow you to withold payment until the dispute is settled - but I would need someone better-versed in this to confirm it.
Do I have the right to sent them a harassment letter?
As long as it is not defamatory or offensive in any way, then I think you have a perfect right to send one. But - if they are not acting outside of their lawful remit, then they will also be within their right to ignore it.
Thanks once again.

HTH !