liandconsmum's UE Diary

[findingaway]

Re: liandconsmum's UE Diary

Result - excellent....... remember now to claim all unfair charges off the debt, when they send the cheque, prior to them closing the account as that way you'll get more back

Sorry to hijack LACM lol
Niddy will I be able to claim charges off my 2 that were repaid by ppi payout? (not miss-sell) If so, should I wait til I've got the cheque that's meant to be on it's way in my hands first? or just claim now? Than Q

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Result - excellent....... remember now to claim all unfair charges off the debt, when they send the cheque, prior to them closing the account as that way you'll get more back

[liandconsmum]

Re: liandconsmum's UE Diary

thanks, findingaway! Fingers crossed for you as well!

It's just so nice to think one debt will be paid off. Here's hoping the other two we're working on for PPI also have good results.

[findingaway]

Re: liandconsmum's UE Diary

Hi LACM ;Hi Wow that's the way to do it lol. What good news for you!
I'm waiting on my MBNA claim with baited breath, not long now they said they'd make a response by 20th, hope my news is as good as yours

Well done ;-y ;-y

[liandconsmum]

Re: liandconsmum's UE Diary

Happy day, happy day!!!!!!!!!!!!!!

Just got a letter from Santander today, regarding the PPI on our loan. With no fuss at all, they are reimbursing the entire amount of the PPI plus 8% interest!!!! We have a balance of approximately £1600 due, and they're reimbursing £2300!! So the amount due is going to be paid off and we will get a cheque for the balance, which we are perfectly happy with!!
I expected to have a fight on our hands with Santander, but they didn't argue at all!

Another debt paid off. Yay!!!!
;-y

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Keep us updated y

[liandconsmum]

Re: liandconsmum's UE Diary

Yes, I rather read between the lines and figured if they thought the company had a leg to stand on, they'd keep pushing me for money. The fact that they very quickly backed off when challenged makes me think they recognised that it was UE. Now I'll just wait.

So my ongoing status as follows:


Tesco loan - complaint to ICO sent, awaiting response

Santander loan - request for refund of PPI, awaiting response

Virgin card - request for SAR, dual purpose for possible refund of charges and PPI, awaiting response

Halifax - DCA no longer chasing account, sending back to credit company. UE at this point, unless correct CCA received from credit company.

Paypal Santander - making reduced payments, but planning on sending SAR request and requesting refund of charges and PPI (will type up over next few days and get sent out on Monday)

The rest are UE (additions, mbna) or advised £0 balance (santander card), so are being ignored and any letters read and filed.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Excellent. That's great lol, so the dca are wimping out, aaaw bless em?!!!

[liandconsmum]

Re: liandconsmum's UE Diary

Received an interesting letter from DCA regarding Halifax card today. As follows:

I can confirm that after investigating the points that you have raised with our client it is clear there is a clear conflict of opinion here between your perception of the Consumer Credit Agreement rulings and the views expressed by our client. Whereas I would ask you to accept my assurance that we have been acting in good faith on the instructions of our client, it is clear that there is an impasse here with regard to the account. I believe therefore that the most sensible course of action would be for the company to return the account to our client and to cease any further activity with regard to it.
;Hmm

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Excellent - nice update, keep us informed of any changes..... y

[liandconsmum]

Re: liandconsmum's UE Diary

Just a brief update: (mostly for my own purposes to keep up with it)

Tesco loan - complaint to ICO sent, awaiting response

Santander loan - request for refund of PPI, awaiting response

Virgin card - request for SAR, dual purpose for possible refund of charges and PPI, awaiting response

Halifax - letter requesting correct CCA info, awaiting response

Paypal Santander - making reduced payments, but planning on sending SAR request and requesting refund of charges and PPI (will type up over next few days and get sent out on Monday)

The rest are UE (additions, mbna) or advised £0 balance (santander card), so are being ignored and any letters read and filed.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

ok, I see, thanks. I'm awaiting response on the PPI reclaim, so hopefully it's a nonissue.. just something I will take the time to look over on other accounts - wanted to make sure I understood it properly. All these little ins and outs are rather confusing. Thank you!

Haha - you're telling me that it's confusing? Hmmmmm ;Hmm ;Hmm

Just see what happens, we'll pretend it is UE and see how hard they push yea?

[liandconsmum]

Re: liandconsmum's UE Diary

ok, I see, thanks. I'm awaiting response on the PPI reclaim, so hopefully it's a nonissue.. just something I will take the time to look over on other accounts - wanted to make sure I understood it properly. All these little ins and outs are rather confusing. Thank you!

[Never-In-Doubt]

Re: liandconsmum's UE Diary

I do have a question regarding the Santander/Abbey loan and the s.18 stuff you linked to above. Perhaps I'm missing something but on looking at the paperwork they sent me for the CCA, I see nowhere where there is a separate monthly repayment amount listed for the actual cash loan and the PPI. The monthly amount is all lumped in together, although they show the total amount paid for each for the length of the loan. I will email a copy of that page to you, if you don't mind looking at it. If it's not worth following up on, please just ignore the email and let me know. LOL I don't know how you get your head around this as sometimes I just feel buried under paperwork.

Thank you so much - and hope I didn't add some confusion to this.

Hiya

Ok in a nutshel s.18 means the two parts of the loan be regarded as seperate loans. This in turn requires that the prescribed terms for each part must both be listed on the agreement: Loan amount, regular repayments and APR for both seperately. On your agreement section 2 covers this correctly however section 3 (ppi) does not so yes, although you have a mini fight the fact that the apr and amount of interest is shown, along with repayments - the fact that the total is bundled together will NOT be enough to enforce unenforceability. I mean, feel free to blag it and see what happens - but if things went to court, i'd personally start to consider agreeing to repayments.....

Up to you at the end of the day......

[liandconsmum]

Re: liandconsmum's UE Diary

Hi Niddy - been busy catching up - I've sent off the complaint to the ICO re Tesco, and the letter to DCA re Halifax/Yahoo. I'm poring over the info for reclaiming PPI on the credit card now (Virgin) and hopefully will get that off in the next few days.

I do have a question regarding the Santander/Abbey loan and the s.18 stuff you linked to above. I'm specifically looking at this part...

So, a regulated, consumer credit agreement for fixed sum credit falls into three categories and the terms relating to all three must be in the agreement. For our example though, where s.18 may render an agreement invalid is where the loan itself has two 'parts' which fall into different categories; for instance (probably the most common example), a cash loan with PPI fall into different categories of credit:

Cash loan: --- 'unrestricted use credit' and 'debtor-creditor credit'
PPI: --------- 'restricted use credit' and 'debtor-creditor-supplier credit'

Both fall into the categories 'regulated agreement' and 'consumer credit agreement' and therefore, such an agreement would fall under the scope of s.18 and require that the two parts of the loan be regarded as seperate loans. This in turn requires that the prescribed terms for each part must both be listed on the agreement: Loan amount, regular repayments and APR for both seperately.

Therefore, if, as is quite common, the monthly repayment is lumped together without the repayment amount for the loan and PPI listed seperately, the agreement would not be properly executed nor would it be enforceable under s.65 as it wouldn't have the signature and all the prescribed terms on one document.

Perhaps I'm missing something but on looking at the paperwork they sent me for the CCA, I see nowhere where there is a separate monthly repayment amount listed for the actual cash loan and the PPI. The monthly amount is all lumped in together, although they show the total amount paid for each for the length of the loan. I will email a copy of that page to you, if you don't mind looking at it. If it's not worth following up on, please just ignore the email and let me know. LOL I don't know how you get your head around this as sometimes I just feel buried under paperwork.

Thank you so much - and hope I didn't add some confusion to this.