PPI/Unenforcability

[di30]

Re: PPI/Unenforcability

Hi all, firstly I would like to wish you all a belated Happy New Year.

Before this site was recommended to me and I received the correct advice I sent of a CCA letter (was advised to do so by another site). I have now received a reply to this letter which includes a a copy of the Credit Agreement (illegible but signed and dated), a copy Insurance Certificate and a Schedule of Arrears.

On the advice of Niddy & Co I sent off a SARS letter late November but have yet to receive a reply. Not having a chequebook I send a £10 postal order, never kept the receipt and now have no way of knowing if it has been cashed or not.

Anyway, my question is, is it worth letting you have sight of the docs received in relation to the CCA letter or shall I just wait until I receive response to the SARS letter?

Thanks for reading.

C x

Hi there & Happy New Year!

I would send a further letter and threaten them with the Information Commissioners Office (ICO), they generally have 40 calendar days for this request, although it may be a few days here and there.

Niddy, sorry puter being a right pain again today, have you a follow up SAR letter reminder please to link up? cheers.

More on the ICO below, any problems you can contact them also.

https://www.ico.gov.uk/Global/contact_us.aspx

[Pixie]

Re: PPI/Unenforcability

It wouldn't hurt to email Niddy the cca you received (use the email cca button in his signature and put your username in the subject line.)

[Catell]

Re: PPI/Unenforcability

Hi, thanks for the responses. Will forward stuff to Niddy. Forgive me if I'm sending you information that is irrelevant.

C

[Never-In-Doubt]

Re: PPI/Unenforcability

Thanks.

Do not go to the ico - not yet. I'll come back to you tonight after you email etc...

[Catell]

Re: PPI/Unenforcability

Promise won't do anything without your say so. BUT have rang them regarding SARS letter and they reckon they have no record of it and have given me the address of Triton to write to in future??!! Worth re-sending and waiting a further 40 days?

C x

[Never-In-Doubt]

Re: PPI/Unenforcability

No just wait for now! Come back tonight...

In the meantime please clarify; did you send recorded delivery? I do hope so......

[Never-In-Doubt]

Re: PPI/Unenforcability

ps NO MORE PHONING THE BLOODY BANK WOMAN!!!



* never ever call these predators. Trust us - we know what they'll do!

[pompeyfaith]

Re: PPI/Unenforcability

Always think of two very important words in everything you do regarding the financial sector:

1. EVIDENCE
2. PAPER TRAIL

These are very important to you everything they say must be in writing as it will help you immensely further down this road.

Regards

[Catell]

Re: PPI/Unenforcability

Nope, never sent it recorded delivery! I know.

I never discussed anything in detail with them when i called, just asked if they had a record of receiving the letter. Promise!!! And believe me, the woman was so brain dead she had no idea what i was going on about.

Will wait to hear from you. I won't post or telephone anyone unless under your specific advice/instruction I promise.

C

[Never-In-Doubt]

Re: PPI/Unenforcability

Right your payments made vs PPI outstanding make a reclaim quite pointless as things stand - you're better trying to follow the UE route based on the s.18 failings whereby they never split the insurance.

If they pursue court or get too clever then we simply look to reclaim at that point, but as you're also waiting on a SAR I would not send anything back, but upon receipt of the full SAR then you ought to update us and we'll clarify the next steps but right now a reclaim is a waste of time, it's best just arguing

[Never-In-Doubt]

Re: PPI/Unenforcability

p.s. get into the habit of recording things - that is then your PROOF!

[Catell]

Re: PPI/Unenforcability

Ok thanks. Is it worth resending for SARS information in light of not being able to prove whether they received the original?

C

[Never-In-Doubt]

Re: PPI/Unenforcability

Ok thanks. Is it worth resending for SARS information in light of not being able to prove whether they received the original?

C

No -cos we'll be going down the UE route a SAR is quite irrelevant unless they try and enforce things.....

[Catell]

Re: PPI/Unenforcability

Thanks.

So if SARS information is irrelevant what is my next step to prove the loan is unenforceable under S.18? What exactly does S.18 mean?

Can I ask the credit management company to refer to the debt back to RBS so I'm just dealing with one company? Shall I carry on paying the agreed repayments whilst I'm disputing enforceability?

C

[Never-In-Doubt]

Re: PPI/Unenforcability

So if SARS information is irrelevant what is my next step to prove the loan is unenforceable under S.18?

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....

What exactly does S.18 mean?

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

Can I ask the credit management company to refer to the debt back to RBS so I'm just dealing with one company?

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

Shall I carry on paying the agreed repayments whilst I'm disputing enforceability?

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