PPI Reclaiming Discussion part 4

showergirl

di3004 wrote: »

Good morning Showergirl.
There's nice of you to bring your mate Linda across.;)

So happy she has gone to work feeling loads better, this should now help her day along, now that she have browsed the site.
Good one Showergirl:T, please do bring her back soon when you can.;)XXX

Will do Di. I will just have to give her her own user name as it looks like I am posting myself.

Will I be able to set up another user name using my e-mail address or will I have to set up a e-mail for her

di3004

showergirl wrote: »

Will do Di. I will just have to give her her own user name as it looks like I am posting myself.

Will I be able to set up another user name using my e-mail address or will I have to set up a e-mail for her

Hi hun
That will be nice.;)
Not sure on how this works to be honest, you could email perhaps MSE Wendy or someone on this just to be sure, I'm sure it can be done, she may just have to have use of your email only, just to get registered, but her own password and username I think.
I'm sure someone will say.;)

geoffmr1

Hi all,

I'm a newbie on this thread & have been trying to read through as much as possible about PPI reclaiming.

Personally I'm not having too much luck claiming against MBNA for a personal loan taken out in 2002. I asked for them to refund the PPI last October, they immediately sent me a final decision stating they wouldn't refund it etc etc. I then sent in the complaint to the FOS & in February an adjudicator upheld my complaint & told them to refund the money plus £200 compensation & gave them until 11th March 2009 to respond.

They ignored that deadline & it appears nothing has happened since. I have phoned the Ombudsman numerous times now & all the guy keeps saying is that MBNA don't believe the FOS have jurisdiction to make that decision (but he seems unable or unwilling to tell me why MBNA are saying that). The other day I got a further letter from the FOS saying that my complaint is now going to an ajudicator even though it's already gone through all that, I don't think the FOS has a clue what its doing really.

jenbo

I wrote to Halifax asking for copies of the loan agreements regarding two loans i have previoulsy had.

The 1st one being paid up on October 03 and the other being paid by August o8.

I received the following reply for both loans today -

You have requested under section 77(1) of the Consumer Credit Act 1974 (the Act) a copy of the above loan agreement.

Subsection 77 (3) of the Act provided amongst other things that section 77 (1) does not apply to an agreement under no sum is, or will or may become, payable by the debtor.

The above loan was repaid on xxxxxxxx this means no sum is, or will or may become payable by the debtor and therefore the bank is under no requirement to provide a copy of the agreement any document referred to it or a statement of account.

Yours faithfully



Please can anyone help me understand what this means and do they not have to send me a copy of loan agreement ?????/

moon-shadow_2

moon-shadow wrote: »

hello again, i have been double checking the information that wessex had given me i typed in Promise Finance on the FSA reg, and Promise Finance current status was authorised, with a notice unauthorised to hold client money.
Im getting a little confused, am i now able to go to the FOS, with my complaint.

Hi, its been a while, but ive have to give you an update, since my last post, my complaint was sent to the FOS, they responded by forwarding my complaint to the FSCS, they told me that they dealt with the mis selling, after January 14th 2005, and since my complaint had started in January 2004, and under thier rules they could not look at my complaint, gutting eh! not for long though, to my surprise, while sorting amongst the spiders in the attic, i actually found some paperwork with promise solutions dated 18th February 2005, i copied the paperwork, and this has now been forwarded by recorded delivery, i'll post when i get an update:beer:

di3004

geoffmr1 wrote: »

Hi all,

I'm a newbie on this thread & have been trying to read through as much as possible about PPI reclaiming.

Personally I'm not having too much luck claiming against MBNA for a personal loan taken out in 2002. I asked for them to refund the PPI last October, they immediately sent me a final decision stating they wouldn't refund it etc etc. I then sent in the complaint to the FOS & in February an adjudicator upheld my complaint & told them to refund the money plus £200 compensation & gave them until 11th March 2009 to respond.

They ignored that deadline & it appears nothing has happened since. I have phoned the Ombudsman numerous times now & all the guy keeps saying is that MBNA don't believe the FOS have jurisdiction to make that decision (but he seems unable or unwilling to tell me why MBNA are saying that). The other day I got a further letter from the FOS saying that my complaint is now going to an ajudicator even though it's already gone through all that, I don't think the FOS has a clue what its doing really.

Hi there

I think what they mean is, that has the MBNA have not responded to the adjudicator, even if its upheld, your case will be moved on to another adjudicator who works closely with the ombudsman.
They will go through your case and MBNA, and if they agree with the first adjudicator, which normally they do, then they will write to the business, with their version, and they must comply to the ombudsman to what I am aware of.

Good luck with this and hope you hear soon.;)

di3004

jenbo wrote: »

I wrote to Halifax asking for copies of the loan agreements regarding two loans i have previoulsy had.

The 1st one being paid up on October 03 and the other being paid by August o8.

I received the following reply for both loans today -

You have requested under section 77(1) of the Consumer Credit Act 1974 (the Act) a copy of the above loan agreement.

Subsection 77 (3) of the Act provided amongst other things that section 77 (1) does not apply to an agreement under no sum is, or will or may become, payable by the debtor.

The above loan was repaid on xxxxxxxx this means no sum is, or will or may become payable by the debtor and therefore the bank is under no requirement to provide a copy of the agreement any document referred to it or a statement of account.

Yours faithfully



Please can anyone help me understand what this means and do they not have to send me a copy of loan agreement ?????/

Hi there.;)

It looks as if they are saying they do not have this and cannot provide in so many words, but depending if you live in England or Wales, its 6 years they should hold your information for, and Scotland 5 years.
If you live in either England or Wales, they should have provided you with the information.
I take it you enclosed the payment of a £1.00 for this request, as they normally request a £1 for each of these, payable by postal order or cheque payment.

You could try contacting the Information Commissioners Office (ICO), who may help, if you explain your situation to them, they may contact them for you.
I would ring them though and not email, as you may not hear anything for a while if you email.;)
Tell them you require the information for a reclaim.
https://www.ico.gov.uk/Global/contact_us.aspx

Good luck with this and please keep us updated.

di3004

moon-shadow wrote: »

Hi, its been a while, but ive have to give you an update, since my last post, my complaint was sent to the FOS, they responded by forwarding my complaint to the FSCS, they told me that they dealt with the mis selling, after January 14th 2005, and since my complaint had started in January 2004, and under thier rules they could not look at my complaint, gutting eh! not for long though, to my surprise, while sorting amongst the spiders in the attic, i actually found some paperwork with promise solutions dated 18th February 2005, i copied the paperwork, and this has now been forwarded by recorded delivery, i'll post when i get an update:beer:

Hi Moon-Shadow, its good to hear from you.;)
Wow what a find, this is brilliant, well done.:T
We look forward to hearing from you with an update, good one.:T:T

moon-shadow_2

di3004 wrote: »

Hi Moon-Shadow, its good to hear from you.;)
Wow what a find, this is brilliant, well done.:T
We look forward to hearing from you with an update, good one.:T:T

Thanks, Di,

beaniebabe

gumbi wrote: »

Gumbi here....
Nothing new I'm afraid, My contact seems tio have gone to ground. Can't say I blame him to be honest!

I have real hard time compaining about the FSCS as they are really overworked and companies like Picture are quire simply dumping their problems on them and the FOS.

On a positive note I hear that the FOS default position on Single Premium PPI is basically refund the lot so I doubt if the FSCS will be much different. I think we're all going have to take a collective deep breath, clentch our teeth, grin and bear it until the legal team at the FSCS do their thing.

I think we have enough ears on the ground between us to know when things gave moved on but I'll keep trying at my end.

Let's spare a thought for those that have already lost their homes because of this scandle! Dialysis in particular!!

Your right Gumbi, we are more fortunate than some. It may take some time to sort but at least things look positive.;)