PPI/Unenforcability

[Catell]

Re: PPI/Unenforcability

Hi again,

another quick update. I have now received SARS response. It will take some time to go through it all but wanted to ask if there is anything that I should be looking for. I honestly don't know what it is supposed to include and how will I know if something is amiss.

Many thanks

C

[greymatter]

Re: PPI/Unenforcability

Good point.I have one on its way to me also.So I would be interested to know what should be included
GM

[Never-In-Doubt]

Re: PPI/Unenforcability

everything should be included! like what?

Everything, a copy of all screen notes, system notes, statements, copies of terms, agreements, written contact (ie default notice etc) - the lot.

Everything.

[Catell]

Re: PPI/Unenforcability

Ok, will have a trawl through it and will get back to you with a quick summary.

Ta

C

[Never-In-Doubt]

Re: PPI/Unenforcability

They still need to come back to you with the offer part of the letter.

What you need to do is dig out proof of all previous loans etc and then sort them
Into piles and work out all ppi paid.

That's what we're trying to achieve here.

[Catell]

Re: PPI/Unenforcability

Hi Niddy, I'm totally confused by your last post regarding offers as your previous advice was to try and prove uneforceability and put the ppi to one side for now?! I have had ppi offers in the past and Niddy has had sight of them all together with my copies of the original loan agreements, and i was advised not to go down that route but send sars request.

I have received reams of paper from them in response to sars letter and I'm still not the wiser as to whether what they have sent me is what I should have and do I prove unenforeability?

The credit management company, Apex, have phoned me at least 3 times a day since I stopped paying (haven't spoken to them as advised) and now I'm receiving threatening letters, the latest one today saying if I don't phone them today saying "fail to receive a response within the next 7 days, consideration will be given to our next course of action".

I'll admit to being more than little scared. What is that they can legally do? What should i expect. How do I go forward in this matter?

Any advice would be gratefully accepted.

[Undercover Elsa]

Re: PPI/Unenforcability

Hi Catell ,
Niddy's not online at the moment, but I've just had a read through to see where you are with this, and firstly don't worry at all at those letters..it's just standard debt collector speak designed to worry you..templated threats that their computer spews out by rote. I could paper my entire house with them

In respect of your other query, if you check out this post: http://forums.all-about-debt.co.uk/s...8&postcount=65 you'll see that Niddy has said it might be best to try for a complete write off first, based on all the PPI and the way they've messed you about.
(Don't forget you still have UE as backup, but I can see what Niddy's aiming at ...ie getting a quick clean result for you with a write off rather than you having to sit it out until it's Statute Barred on the UE route).

They have responded to the part of your letter regarding the SAR, but they still haven't responded to the part where you mention their previous offer as settlement and suggest they write it off. They may respond to that issue seperately, but in the meantime you need to go over those SAR docs and work out how much PPI you've paid on all the loans, which will help Niddy decide the next step.

Please try not to worry, Niddy recently sorted a huge debt out for me..he's the best at this..trust me!

Kindest regards,
Shep x

[Catell]

Re: PPI/Unenforcability

Thanks for the reply. I do realise that Niddy is exceptionally good and that is why I've been coming on here for advice and have followed all advice given. I have received a response to the letter that Niddy suggested that I send and their reply is:-

".....To clarify the position, our records and your previous letter dated 14 October 2011 inciate that complaints have already been raised regarding all of the pervious policies you have held with the group. On each of these, an offer has been made to you as a gesute of goodwill and without admission of liability. Our offers are, however, calculated in full accordance with FSA and Financial Ombudsman Service guidelines for such cases.

It is group policy in order to protect our own interests that the right of the offset is employe. This means that if a customer's account is in arrears, an offer made will first go to reduce those arrears with the balance being paid directly to you. We are threfore not able to offer payment by any other means. As our offer is calculated in full compliane with regulatory guidelines as abobe, we are unable to increase this. The offer also includes statutory interest at the 8% that a Court would award.

Should wish to accept the offer then the money will therefore be paid as specified on the offer letter. Should not be satisfied with this and wish to pursue other avenue you are, of course, entitled to do so.

I appreciate this is not the answer you were hoping for. however, should have any further questions please do not hesitate to contact us."

So obviously that is a basic no to every offer/suggestion that we made to them in Niddy's letter.

I don't understand any of the information they have sent me through sars request. I'm at a total loss as to what it means and what I should be looking for. What will my next step be?

[Undercover Elsa]

Re: PPI/Unenforcability

Ahh so they have turned down the writeoff suggestion. OK, we'll need to see what Niddy says to that, then he'll let you know what the next step is and if there's anything in particular he wants scanning and emailing from the SAR
SAR's are awful to go through...very confusing! From what I can gather for the moment you just need to look for all the loan agreements and statement of account for each loan.

Shep x

[Never-In-Doubt]

Re: PPI/Unenforcability

Hiya

Ok please clarify for me exact details of all offers made by the group, ie how much on each account and whether this includes each account or just some of the accounts?

Best to probably mention each loan, then the status then the amount of offer next to it so they are all mentioned individually thus easier for us to follow.

The SAR would help fill in any gaps.

Stop worrying, I can't be here all the time and unfortunately do have to take time out for family and other commitments.

[Catell]

Re: PPI/Unenforcability

I've been working through SARS information and have done a quick summary of a letter and some information they provided me with. (I have put the relevant offers received in italics). Each loan was consolidated and the last, largest loan is still open and I now owe them about £9,000. I have provided Niddy with copy loan agreements/offer letters etc in the past but if it would help to see them all again please just let me know.

They have also provided a copy of my original loan agreement for the outstanding loan which, althogh signed and dated, is totally illegible as regards T&C's etc.

There are also about 500 pages worth of statements which I have not had change to go through yet. Important?

What else should I be looking for?

C x

[Catell]

Re: PPI/Unenforcability

Hi, I was wondering if anyone has had a chance to look over my last message and its attachments? I've since had a letter from the credit management company saying they could offer me a deal to settle if i would telephone them to discuss - which I have ignored. Any ideas what I should do next or just wait til they get in touch again?

C

[Never-In-Doubt]

Re: PPI/Unenforcability

Hi, I was wondering if anyone has had a chance to look over my last message and its attachments? I've since had a letter from the credit management company saying they could offer me a deal to settle if i would telephone them to discuss - which I have ignored. Any ideas what I should do next or just wait til they get in touch again?

C

Hiya

So sorry for the delay - I just noticed this reply

I would ignore it for now, you're not paying and they aren't chasing are they? However ideally we need to get things settled if at all possible so why not, in fact just write back and send a copy of the last letter and just ask them to read the highlighted part and actually highlight the part where you ask about write off/

Worth a go..... and also shows willing should they ever try and enforce anything



Oh, happy birthday btw

[Never-In-Doubt]

Re: PPI/Unenforcability

^^^^^^

Template to re-send (highlighted) is here: ---> allaboutFORUMS - View Single Post - PPI/Unenforcability

[Catell]

Re: PPI/Unenforcability

Thank you Niddy, for the advice and the birthday wishes. Will send that off today and keep my fingers crossed.

C