PPI Reclaiming Discussion part 4

citibird27

beamerguy wrote: »

"Also, what happends if collection agencies have no luck, does it go back to the original lender?"

Collection agencies pass it around each other and then do pass it back. The lender then goes to a more aggressive collector and so the magic circle continues.

INTERESTING READING ABOUT: Be fully aware of your rights

Section 40 of the Administration of Justice Act

“S40 Punishment for unlawful harassment of debtors.

1. A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-
* harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
* falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
* falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
* utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.
2. A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”


Office of Fair Trading Code of Guidance

Many activities could count as harassment. It is important to note that “anything done by a person which is reasonable” when trying to recover a debt, is not considered to be harassment. Both the Office of Fair Trading and Trade Associations (run by the credit industry) have produced guidance on what activities may be considered harassment and should therefore be avoided by creditors. The following list is taken from the new Debt Collection Guidance for holders of consumer credit licences.

Creditors are warned by the Office of Fair Trading under the Debt Collection Guidance that the following practices are "considered unfair":

“IT IS UNFAIR TO COMMUNICATE, IN WHATEVER FORM, WITH CONSUMERS IN AN UNCLEAR, INACCURATE OR MISLEADING MANNER.”

This includes:

* Letters that look like court claims
* Not making it clear who the company is or what their role is
* Unhelpful legal language
* Not giving balance statements about the debt when asked
* Contacting you at unreasonable times even when asked not to
* Asking you to contact them on premium rate phone numbers.

“ THOSE CONTACTING DEBTORS MUST NOT BE DECEITFUL BY MISREPRESENTING THEIR AUTHORITY AND/OR THE CORRECT LEGAL POSITION.”

This includes:

* Claiming to work for the court or be a bailiff
* Implying action can be taken that is not legally possible such as implying they could take your property
* Using a business name or logo that implies they are a government body
* Implying that court action has been taken against you when it hasn’t
* Implying not paying your debt is a criminal offence
* Threatening to take court action in England if you live in Scotland or the other way round.

“ PUTTING PRESSURE ON DEBTORS OR THIRD PARTIES IS CONSIDERED TO BE OPPRESSIVE.”

This includes:

* Contacting you too frequently
* Pressurising you to sell property or take out more debt
* Using more than one collection company at the same time or not telling you when your debt has been passed to another company
* Pressurising you to pay in full or in large instalments you cannot afford
* Making threatening gestures or statements
* Ignoring disputes about whether you owe the money
* Trying to embarrass you in public or threatening to tell a third party about your debts such as a neighbour or your family.

“ DEALINGS WITH DEBTORS ARE NOT TO BE DECEITFUL AND/OR UNFAIR.”

Examples include:

* Sending letters addressed to “the occupier” or discussing the debt with someone without knowing if they are you
* Refusing to deal with an adviser acting on your behalf
* Not accepting reasonable offers or passing on payments you make
* Refusing to freeze action if you dispute the debt.

“ CHARGES SHOULD NOT BE LEVIED UNFAIRLY”.

Examples include:

* Claiming collection costs when the original credit agreement didn’t allow this to happen and making you think you are legally liable for the costs
* Not putting the specific amounts that can be added for collection costs in the original credit agreement
* Adding unreasonable charges.

“ THOSE VISITING DEBTORS MUST NOT ACT IN AN UNCLEAR OR THREATENING MANNER.”

* Collectors should explain the reason for any visit and give you notice of the time and date they will call
* They shouldn’t visit if they know you are ill or vulnerable and if they find you are unwell or distressed they should leave
* They should not come in if you do not want them to and should leave when you ask them to
* They shouldn’t visit you at work or somewhere like a hospital.

Complaints against DCA's can be issued through the Office of Fair Trading

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

you can find the Code of Guidance notes and the on-line complaints form on their website above
The Office Of Fair Trading has no authority to become involved in disputes between consumers and traders, but what they do is look at complaints made against a company before issuing it with a consumer credit licence (it needs this to operate)
you might think to yourself, one complaint won't make any difference but if there are 10-20 complaints against the same company they may loose their licence so make that complaint today!!!

Thanks for this...very impressive!

You really are up to speed, am sure that there are many in this forum will find this information helpful, thanks for posting:T

macca75

Hi,
Just wondering if anyone can help....I wrote to LLoyds TSB asking for T&Cs of 1 current and 1 paid off loan, I sent my letter 25/5/11 and it states I request a reply in 12 working days...I've heard nothing and it's now 22/6/11. What do I do now?????
Send another letter? or report to Ombudsman?
Hope someone can help

citibird27

di3004 wrote: »

Very interesting Beamerguy.:T

You certainly are up on these things.

I have a complex case going on with the FOS right now and its been going on for a few years, only recently to be told they are unable to resolve it at the adjudicating stage, where now I am moving it on for a review with the ombudsman, another 3 years on top now i expect, but take a look at my thread if you want to.
https://forums.moneysavingexpert.com/discussion/3305046

Di, do you really expect it to take so long?
Fingers crossed for you, you certainly deserve good luck! x

di3004

macca75 wrote: »

Hi,
Just wondering if anyone can help....I wrote to LLoyds TSB asking for T&Cs of 1 current and 1 paid off loan, I sent my letter 25/5/11 and it states I request a reply in 12 working days...I've heard nothing and it's now 22/6/11. What do I do now?????
Send another letter? or report to Ombudsman?
Hope someone can help

Hi there

Just to get this right.

You went through the first stages of requesting for a copy of you agreement by 12 days, and up to now you've not received it?
Did you also enclose the requested £1 cheque or postal order for this request.

I would otherwise call into the local lloyds branch and ask them to print this from their filing systems, they should hold them on their files as well to what I know of.

However, just to also mention that as long as you have the account number, you know you were sold and mis sold ppi you can still continue to make a reclaim. I did without having the documents as such, well not all of them anyway, I did not have the agreement but know for definate I was sold and mis sold, and was recently successful.

You can follow the guidelines on this site on how to reclaim, but if you to directly on Lloyds website the details are on there as well, its a reclaim questionnaire (same as this site) and complete and send it to the address as shown on lloyds site.
http://www.lloydstsb.com/payment_protection_insurance_complaints.asp

Remember to keep copies, and the usual timescale is that of 8 weeks, but they may take longer and ask for more time if needed.

Also email them as well here if you want to, good luck.

[EMAIL="customer.care.insurance@lloydstsb.co.uk"]customer.care.insurance@lloydstsb.co.uk[/EMAIL]

di3004

citibird27 wrote: »

Di, do you really expect it to take so long?
Fingers crossed for you, you certainly deserve good luck! x

Hi

With it already gone on since 08/09 and with it being a complex case, as the broker dissolved, and the FOS wanted to take it the underwriter - insurer direction (Hamilton) but I have tried telling the adjudicator that these had no involvement as such and its HFC.

The reason being is, on my application form via Click Finance, no ppi was added, then later on ppi was added as shown on the lender agreement, Endeavour Personal Finance/HFC.

HFC were the ones who went through the details of the loan before the payout, this was done over the phone, where they had to speak to both my and hubby separately.

And another thing too, on the Broker Click Application form, they have 240 months and the lender agreement 300 months, this i believe to disguise the monthly payments, and to keep them in line with the repayments as if it were to be 240 but as they added the ppi this makes sense.

Marshallka have been a rock on this one for me, from the moment it started.

citibird27

di3004 wrote: »

Hi

With it already gone on since 08/09 and with it being a complex case, as the broker dissolved, and the FOS wanted to take it the underwriter - insurer direction (Hamilton) but I have tried telling the adjudicator that these had no involvement as such and its HFC.

The reason being is, on my application form via Click Finance, no ppi was added, then later on ppi was added as shown on the lender agreement, Endeavour Personal Finance/HFC.

HFC were the ones who went through the details of the loan before the payout, this was done over the phone, where they had to speak to both my and hubby separately.

And another thing too, on the Broker Click Application form, they have 240 months and the lender agreement 300 months, this i believe to disguise the monthly payments, and to keep them in line with the repayments as if it were to be 240 but as they added the ppi this makes sense.

Marshallka have been a rock on this one for me, from the moment it started.

Hi Di,

I looked at your thread on this...and it's astonishing what they have done..but this goes back to a time we were all a little more trusting...and didn't imagine what sort of behaviour these financial business would stoop to!

Good that you had support from Marshallka..it seems that without support we could easily give up...or have a more difficult time...

beamerguy

di3004 wrote: »

Very interesting Beamerguy.:T

You certainly are up on these things.

I have a complex case going on with the FOS right now and its been going on for a few years, only recently to be told they are unable to resolve it at the adjudicating stage, where now I am moving it on for a review with the ombudsman, another 3 years on top now i expect, but take a look at my thread if you want to.
https://forums.moneysavingexpert.com/discussion/3305046

Hi, an interesting thread and certainly a huge can of worms but all relating back to HFC.
I personally would create a big work file on this and pass it to the press for investigation AND BBC Watchdog. Certainly this one for your local MP
In the meantime I would also voice your thoughts on the activities to the FOS, FSA and OFT

Di, gone are the days that we meager plebs have to accept this rubbish, with sites likes these, the word is out. Guarantee the banks etc watch this forum on a daily basis.

You now need to get very very tough and point a gun at their heads, it is the only thing these crooks understand. As we have freedom of speech in this country use it here to make your point, as you know I do.

My mother who is 85 and just as disgusted as we all are, said to me, in my day banks could be trusted and we never had these problems.

WRONG MOTHER, in your day it was just a "one to one" with the bank manager and you just accepted what he said not knowing he might be saying the same thing to thousands of others

NOW WE HAVE THE INTERNET AND A CURIOUS MEDIA
This is how the banks were exposed in the first place and for that, Martin has to be thanked. Even though the bank charges thing did not do Martin any good, we now have a different scenario but this time the banks lost hands down. We must all persue them very hard

I don't think that Stephen Hester will be around too long, not after admitting that taxpayers money "leaked" into his bonus culture.
THEFT -- FRAUD -- DECEIPT ... The new name for British Banks, and oh ye, Scottish ones as well

citibird27

Hi Di,

I looked at your thread on this...and it's astonishing what they have done..but this goes back to a time we were all a little more trusting...and didn't imagine what sort of behaviour these financial business would stoop to!

Good that you had support from Marshallka..it seems that without support we could easily give up...or have a more difficult time...I hope you get good news from this, and not in years time either x

di3004

citibird27 wrote: »

Hi Di,

I looked at your thread on this...and it's astonishing what they have done..but this goes back to a time we were all a little more trusting...and didn't imagine what sort of behaviour these financial business would stoop to!

Good that you had support from Marshallka..it seems that without support we could easily give up...or have a more difficult time...

Cheers honey.
I must admit I am very frustrated about the whole thing, but detemined to keep going, see what happens now HFC have finally said they will look into these matters.

That is so right, its the support that really helps us to keep going. x;)

The_Marksman

di3004 wrote: »

Cheers honey.
I must admit I am very frustrated about the whole thing, but detemined to keep going, see what happens now HFC have finally said they will look into these matters.

That is so right, its the support that really helps us to keep going. x;)

keep in there Di we are all behind you:D;):D