PPI/Unenforcability

[Catell]

Re: PPI/Unenforcability

Yeah, I understand. If they pay that PPI off the outstanding loan, the remaining £5 grand is what is outstanding and I pay £50 per month off that debt. I don't know if it makes any difference but that statement you have shows amount owed in relation to the last loan i took out with them plus a defaulted overdraft. Originally I was paying £10 off overdraft and £40 off loan. But since they made that payment into the account, they changed the direct debt to one £50 monthly payment and now the whole £50 comes off whatever is remaining. So I don't if the debt still includes the overdraft and loan or just the loan, and I'm not sure if it makes any difference anyway!! Sorry if I'm confusing things. Just ignore anything and everythin that is irrelevant!!

No chance of wiping out the debt under the 77-79 Acts seen as they have not provided me with docs requested in time limit? I was told on the consumer forum that this may be a possibility and then the £4 grand offered would come to me?

Cathy

[Catell]

Re: PPI/Unenforcability

Again, this might be irrelevant, but upon speaking to Apex following receipt of these offers I was told that they were authorised to negotiate settlement of outstanding debts with up to 40% reduction , but if I negotiated direct with RBS they were able to negotiate settlement with an up to 50% reduction.

cathy

[Never-In-Doubt]

Re: PPI/Unenforcability

Sorry - have they already refunded the £4k??

No you cannot get it wiped - the consumer forums are totally incorrect in such assumptions!! *shocking*

I'll check the agreement later - I'll come back to you on this. However I'm niddy, you don't know me very well. I always get all the info to work out several scenarios and the last thing I ever do is pay banks money. So if there's a way to get the cash to you I'll do it but in the meantime if you answer my questions as above I'll come back later and spell it out for you. Right now, to give you every option possible I need you to answer the above few questions please.

I'll be back round 6pm.

[Never-In-Doubt]

Re: PPI/Unenforcability

Again, this might be irrelevant, but upon speaking to Apex following receipt of these offers I was told that they were authorised to negotiate settlement of outstanding debts with up to 40% reduction , but if I negotiated direct with RBS they were able to negotiate settlement with an up to 50% reduction.

cathy

Utter bollocks. I start offers at 10%!!!

No more phone contact, please? You need to be firm and follow the plan to get the best result. I'll explain later. Got to go just now.

[garlok]

Re: PPI/Unenforcability

Goodness me are they still peddling that old chestnut? Without the correct documentation and following the procedures correctly then the debt may well by unenforceable but it does not make it go away, it still exists. There are cases where a judge has ordered the creditor to write off the debt in certain circumstances with a professional acting for the debtor but it is not a norm by any stretch of the imagination.

The debt can be UE which means that they require a court to agree with them to enforce the debt but the court may not have jurisidiction to grant such an order if the debt (i.e. agreement inception) came before April 2007. It can still be reported on CRFs and you may still be pursued but generally the DCA crowd don't bother if you stand your ground.

Niddy says he will be back with more explanation for you anyway.

regards
Garlok

[Catell]

Re: PPI/Unenforcability

Hi,

in reply, I've sent you a copy of my recent credit report which will hopefully answer all your questions and about when loan was taken out/defaults etc. This is all the information i have accept I know that Apex took over in Jan 2009.

Let me know if this any good to you and/or if you need anything else.

Once again, thanks for your help and patience!!

C

[Catell]

Re: PPI/Unenforcability

Hi, just a quick update which is probably irrelevant. I have now received a letter from RBS saying that "We wrote to you recently to advise you notice that the sort code for your personal loan would be changing...". Never received any such letter. However, they have now changed my sort code for the outstanding loan. Is this standard procedure or just another way for them to say they can't find my account/details/I've given the incorrect information? I sent my original request for CCA details on 11 November and they replied on the 21 November to say they are dealing with the matter. I sent a SARS letter with £10 payment on 28 November. Not heard back.

[Never-In-Doubt]

Re: PPI/Unenforcability

Hi, just a quick update which is probably irrelevant. I have now received a letter from RBS saying that "We wrote to you recently to advise you notice that the sort code for your personal loan would be changing...". Never received any such letter. However, they have now changed my sort code for the outstanding loan. Is this standard procedure or just another way for them to say they can't find my account/details/I've given the incorrect information? I sent my original request for CCA details on 11 November and they replied on the 21 November to say they are dealing with the matter. I sent a SARS letter with £10 payment on 28 November. Not heard back.

You need to check royal mail track and trace to see if the CCA Request / SAR was signed for and also ring royal mail to see if the postal orders (£1 & £10) have been cashed....

Why did you do a SAR after a CCA - no need to do this, and they do totally different things anyway. *confused*

[Catell]

Re: PPI/Unenforcability

These letters were done on the advice of another forum before I contacted yourself for advice/help. It was explained that the sars letter was to see whether offers were reasoanble and the CCA was to see if the debt was unenforceable. Yeah was confused myself. It was only when I contacted yourself that I understood it was not necessary and was a waste of £11!!!! No matter, the change of sort code obviously not important unless/until I contact them again. Will wait to hear back from you regarding the docs/info you have and what you think my next step should be or whether you need any extra information.

Many Thanks

C

[Never-In-Doubt]

Re: PPI/Unenforcability

I'm still waiting to hear from you

---> allaboutFORUMS - View Single Post - PPI/Unenforcability

Niddy

[Catell]

Re: PPI/Unenforcability

God, really? Did you not get my e-mail attaching credit report for details of start of loan/payments/defaults etc? I wonder who got that little nugget then. Again, my IT skills amaze me. Let me see if i can find it and send it to you. No, not received any payment from RBS in connection with repayment of PPI/interest etc. I now owe approximately £9,000 which I'm paying at £50 per month. Wait for my e-mail with above docs and then get in touch if there is anything I've missed that you still need to know.

C

[Never-In-Doubt]

Re: PPI/Unenforcability

Yep got email but I get over 30 a day and unless I ask for stuff I just don't have the time to read them all as people do, believe it or not, email me EVERY letter they get and miss the forum out the loop which is why I don't do an email service but instead work from our forum so all can see.

As you seen, I wouldn't respond too much to emails till you joined here. It's only cos I'm just way too busy and already do 20 hour days 365 a year

So I actually need you to spell things out so I can help work toward resolution for you

[Catell]

Re: PPI/Unenforcability

I understand and sincerely appreciate how busy you are and the time you are taking out to help me.

So, we detail questions/replies here, but send private docs you may need your e-mail address right?

Do you have everything you need? If not, please just let me know and I'll try provide any information/docs you need.

C

[Never-In-Doubt]

Re: PPI/Unenforcability

I'll go through this in morning *promise* and see what we can do.

I think it's a case of reclaim/complaint/offer to clear this debt and if possible do reclaims on older closed loans.

You may end up with £0 - you may end up with £5k but whatever, ultimately the account in question would be dead n buried.

[di30]

Re: PPI/Unenforcability

Hi

I agree.

If you want any help on the reclaims on the other accounts, please post on the PPI reclaiming thread, good luck with this too.