PPI/Unenforcability

[Catell]

Re: PPI/Unenforcability

No, I'll definitely go down the unenforceability route and stop paying the debt. Will let you know when the letters start rolling in.

Many thanks for your help.

C

[Catell]

Re: PPI/Unenforcability

Well no matter how much you say it's UE the dca never agree so it's a case of sending letters off - in this instance there is nothing to send right now, thus I am suggesting lets just wait a few weeks and see if the SAR comes - if not then we'll respond as by then you'll have more letters come through - obviously whenever you get a letter tell us here before doing anything with it....

I already provided links and details to this if you read back through your thread!

No - doesn't work like that. The bank have now sold it to a DCA to collect payments.

Why? It's unenforceable so they cannot enforce it, really you need to have the attitude that you need to keep quiet and wait for it to go statute barred (6yrs) however if you're happier paying then carry on paying the same amount and do nothing....

Then after a few weeks we can look at PPI reclaim that may pay back around a grand or two tops - thus still leaving a high balance...

Up to you really

Hi, have been reading throught this entire thread to make sure I understand everything correctly. Firstly, can't find any links regarding S.18. Can you just confirm the following is what i should do/not do next in order to take an UE stance:-

1. I just stop paying the debt?
2. Any letters I receive from them I should let you know about/copy you in?
3. I should NOT speak to anybody by telephone?
4. My SARS letter was not registered post and the payment was a postal order for which I have no receipt - so neither can be traced/tracked to prove they received my letter. Nevertheless, Ishould NOT send a fresh SARS letter?

Once again, I apologise for being dim but things do need to be spelt out to me as my condition affects my memory, concentration, processing information skills etc etc. I really want to do this right and leave no room for error where it can come back to haunt me in the future.

C

[Never-In-Doubt]

Re: PPI/Unenforcability

Hi, have been reading throught this entire thread to make sure I understand everything correctly.

Firstly, can't find any links regarding S.18.

Here: ---> Site Resources | Relevant Acts of Unenforceability - s.18 Multiple Agreements

Can you just confirm the following is what i should do/not do next in order to take an UE stance:-

1. I just stop paying the debt? Yes
2. Any letters I receive from them I should let you know about/copy you in? Just update your thread and give a brief description - see all the other diaries for examples - If I need a copy I will ask you to email me or a mod will advise you to send it to me
3. I should NOT speak to anybody by telephone? Never!
4. My SARS letter was not registered post and the payment was a postal order for which I have no receipt - so neither can be traced/tracked to prove they received my letter. Nevertheless, Ishould NOT send a fresh SARS letter? Not right now, no need

See replies in red next to your question....

Once again, I apologise for being dim but things do need to be spelt out to me as my condition affects my memory, concentration, processing information skills etc etc. I really want to do this right and leave no room for error where it can come back to haunt me in the future.

It can always come back to haunt you, before doing anything please read some of the UE diaries to get an idea of what happens, the type of hassle you will get and how we combat and deal with this hassle etc......

[Never-In-Doubt]

Re: PPI/Unenforcability

Actually regards this debt I think it may be better to do what we agreed at the start and go for the reclaim v write off approach and see what happens, if we're lucky we can get them to refund the PPI directly to you.

Can you clarify for me one last time, have you been made a formal offer of a refund of PPi by the bank and if so could you send me the letter (via email) to check over.

Then we'll discuss things further - I am thinking this could be a lot of hassle for a small debt that we may be able to blag the lender into submission with...... hmmmmm

* sorry just having some second thoughts/new ideas......

[Catell]

Re: PPI/Unenforcability

Hi, please don't apologise for rethinking strategy. Any way I can potentially get these people off my back is a good thing.

I did get a formal offer of around £4,000. Will let you have a copy of the letter asap.

C

[Never-In-Doubt]

Re: PPI/Unenforcability

Hi, please don't apologise for rethinking strategy. Any way I can potentially get these people off my back is a good thing.

I did get a formal offer of around £4,000. Will let you have a copy of the letter asap.

C

ok when you can please send it then we'll revisit this - I think it may be better to play the game on this one and see what we can do.....

Awaiting email - then I'll post back again

[Catell]

Re: PPI/Unenforcability

Hi,

I sent that information you requested through the CCA button. I'll wait to hear from you further.

C

[Never-In-Doubt]

Re: PPI/Unenforcability

will be a day or so - tied up with site issues just now - sorreeeeee

[Catell]

Re: PPI/Unenforcability

No problem, no rush. As long as I know you have received it ok. Have cancelled my direct debit to Apex today - feeling very brave!!

C

[Never-In-Doubt]

Re: PPI/Unenforcability

No problem, no rush. As long as I know you have received it ok. Have cancelled my direct debit to Apex today - feeling very brave!!

C

excellent - ok, lets see what letters they start spewing out

I'll come back to you asap.....

[Never-In-Doubt]

Re: PPI/Unenforcability

Hiya

Ok, try something like this (spell check it first as it was done quickly in the last 5 minutes!)....

Basically the best you can hope for is a swap - they write off the debt and walk away - simples. However I have asked for the cheque to be sent to you but they can (and will) decline this request but it's worth mentioning, you never know?

If not we need to sit back and let them sell it and assign it to a DCA then we go back and accept the reclaim of PPi which, as they do not own the debt (a dca does), means they'll send you the cheque then at the same time we argue with the DCA that it was never enforceable as it had a missold premium on it etc..... It gets complicated and messy so stick to one day at a time, pay nothing and keep us updated with this...

Remember to send a copy of the SAR letter from 28th November.....

Finally, MAKE SURE you send it recorded! Read this: ---> Recorded Signed Forâ„¢ | Royal Mail Ltd

Dear Sirs

Account No/Reference No: XXXXXXXX

I write with reference to previous communication regarding an outstanding balance on the above mentioned account and your subsequent mistreatment and misale of the product in question.

I have had the letter with the offer of settlement for the missold PPI however due to this meaning the whole agreement was unlawful, I am happy to reject the offer and take my chances in court and beat you the traditional way, because in essence you have committed fraud by charging me over £4,000 on unlawful deductions over several years. It should also be noted that I had several other loans with the group prior to this one, all with missold PPI.

Instead of accepting your measly offer, I instead propose a deal. I will not pursue a reclaim on all my old loans, I will not report you to the regulatory bodies for your mistreatment and I will not take this any further in exchange that you write the whole outstanding balance off. I mean everything, you close the old loan account and I walk away - we're both happy.

If you're unable to do this then I accept your offer of PPI refunds however I do not want it paying toward the account as technically the account is not in arrears, utilising the legislation within the Consumer Credit Act, I am under no obligation to accept a refund into a queried account and I have no intentions of doing so either. Therefore, if you cannot agree to walk away from things as per my offer then please send me a cheque for the full amount of the refund, which for the record, I do not agree with, however I can then utilise these funds to sue you in court. Failing that I shall look at a CFA so no matter what, you're not getting away with this because you have treated me in the worse possible way and have systematically ripped me off for years.

Whilst on the subject, I also request sight of all documentation, statements and receipts into all my previous accounts with you dating back to the point I became a customer in line with my SAR that was sent to you on 28 November 2011. A copy of this is attached for your perusal and the £10 postal order was sent with the original request.

However, if you agree to walk away then so do I. The alternative is a rather messy case in which you will lose as I never had any need for this missold PPI and I intend to utilise the law to its full extent to clear my name regards to this.

I strongly suggest you sit up, smell the coffee and make a sensible decision prior to things getting pretty darn messy (for you). This really is your last warning, lets not forget you're currently also sitting in default of my lawful s.7 DPA(1998) request which is now expired as the 40 days have clearly passed.

I look forward to your imminent response, in the hope we can end matters on a more positive note.

Yours faithfully,



Sign Digitally

(click for further info on Signing Digitally)

[Catell]

Re: PPI/Unenforcability

Thank you so much Niddy. Will get that off recorded delivery tomorrow and keep you up to date with developments. Your help and patience has been invaluable.

C x

[Never-In-Doubt]

Re: PPI/Unenforcability

Thank you so much Niddy. Will get that off recorded delivery tomorrow and keep you up to date with developments. Your help and patience has been invaluable.

C x

it does mean you'll not get anything out of it, however that's the last thing really cos cleaning this mess up once and for all is best all round.

If they decline this very kind offer then we'll go for a full reclaim and see what that brings yea?

Keep us updated and remember, no phone contact!

[Catell]

Re: PPI/Unenforcability

Being free of them once and for all will be good enough for me.

I've definitely learnt my lessons about telephone contact and recorded deliveries!! Promise.

Will keep you in the loop.

C

[Catell]

Re: PPI/Unenforcability

Hi all,

Although I have had no response to the letter I send on Niddy's suggestion, i have now received a letter from them saying:

"Thank you for requesting details of the personal information we hold about you and payment of the required fee.

I would like firstly to take this opportunity to apologise for the delay in responding to your request. Please be assured that your request is being dealt with as a priority case. i am returning your postal order of £10 as i feel that due to the delay, as a gesture of goodwill the fee should be waived.

the data will be forwarded to your nominated address within 40 calendar days. As part of this request it may be necessary to send information under separate cover from a number of different departments across the bank.

It is not our practice to provide copies of standard documents that would have been issed as part of our normal course of business, such as copy bank statements. Should you wish to receive these, please let me know the period you require the statements to cover and this can be arranged.

Additionally, were you to require transcripts of any recorded telephone conversations we would need further details of the call, such as the dates, times, telephone numbers, names of who was spoken to and the department involved. However please be aware that not every telephone call is recorded, therefore it may not be possible to locate your call.

Can you please complete and return the enclosed proforma as your original letter did not contain your handwritten signature........"

Sorry for repeating the whole thing but not sure what is important and what is not. I'm guessing I'm not to return the proforma with my signature in light of what Niddy has advised earlier in this thread???

What should I do now?

Many thanks once again for reading.

(any typo's are all mine!!)

C