Some advice on 'companies messing me' around needed pls?

Dixiebug

Hi All
First of all, Hello, and brilliant site!
I wondered if you could help me please? I am trying to progress PPI claims with Advantage Finance & Citifinancial. I have requested copies of the agreements from both to see if PPI is on them (I'd destroyed the copies I had before the PPI claiming came about). Both have said, words to the effect that due to section 77(c) of the CCA as I don't owe them anything anymore then they don't have to provide it.
I did some research and found that I needed to request the information via an application notice to the court. However after submitting it for 1 company, the court eventually sent it back (after raising it against the wrong company 3 times) and said ' I may raise a pre action disclosure proceedings pursuant to CPR 48 if I so desire' - so am I going down the wrong route? If so what should I do, if not, where do I find this document or request as it seems to be a bit illusive.

Thanks in advance

dunstonh

I have requested copies of the agreements from both to see if PPI is on them (I'd destroyed the copies I had before the PPI claiming came about). Both have said, words to the effect that due to section 77(c) of the CCA as I don't owe them anything anymore then they don't have to provide it.

CCA only applies to debts outstanding.

I did some research and found that I needed to request the information via an application notice to the court.

No.

However after submitting it for 1 company, the court eventually sent it back (after raising it against the wrong company 3 times) and said ' I may raise a pre action disclosure proceedings pursuant to CPR 48 if I so desire' - so am I going down the wrong route?

What are you trying to achieve? That isnt what you do when you wish to raise a complaint.

If so what should I do, if not, where do I find this document or request as it seems to be a bit illusive.

a data subject access request is what you do if you are fishing for information. However, you dont need anything to make a complaint.

Dixiebug

What are you trying to achieve? I'm trying to find out if the agreements I had with these companies had PPI included or not, as I don't remember.

Dixiebug

could anyone advise me please?

amersall

Send a Sar to each company and enclose £10 for each, give them 40 days to respond, put as much info as you can about you and the loans and see if they can find you.

http://forums.moneysavingexpert.com/showthread.php?t=1475553

If these were settled less than 6 years ago, get a copy of your credit file and see if they are on there, you can use the 4 digits that will be on the file.

timmybear

Dixiebug wrote: »

I'm trying to find out if the agreements I had with these companies had PPI included or not, as I don't remember.

But you do remember being miss sold it. Even though you don't remember even having it? Ok...

dunstonh

I'm trying to find out if the agreements I had with these companies had PPI included or not, as I don't remember.

Nothing wrong with having PPI. So, even if they come back and say you have it, what are your reasons for complaint going to be?

Dixiebug

so to answer all the queries:

amersall: it's not that they can't find me, it's that they won't send me a copy of the agreement because it is settled and closed. They tell me they are not under obligation to send me a copy and quote section 77(c)

timmybear: yes I do remember being missold - along the lines of if you don't take the PPI you don't get the finance/loan/whatever

dunstonh: no there isn't anything wrong with having PPI, but there is if it was missold which I believe it was.

I can't progress any further unless I find a way of making these companies send me a copy of my agreement, hence why I had looked into an application notice. They acknowledge me as a previous borrower, but won't send a copy of the agreement.

roonaldo

I'm trying to find out if the agreements I had with these companies had PPI included or not, as I don't remember.

so you dont remember

timmybear: yes I do remember being missold - along the lines of if you don't take the PPI you don't get the finance/loan/whatever

now you remember


If you want to make a PPI complaint, make a complaint you dont need copys of agreements to make complaints. You might want to get your story straight. But I dont think you do remember and are chancing it.

dunstonh

dunstonh: no there isn't anything wrong with having PPI, but there is if it was missold which I believe it was.

So, you complain to them stating why you think it was mis-sold.

timmybear: yes I do remember being missold - along the lines of if you don't take the PPI you don't get the finance/loan/whatever

That is the weakest complaint reason there is with PPI. If they respond "no you were not" then what evidence do you have to support your allegation?

amersall: it's not that they can't find me, it's that they won't send me a copy of the agreement because it is settled and closed. They tell me they are not under obligation to send me a copy and quote section 77(c)

Which is correct.

It looks like you are trying it on as you have contradicted yourself in this thread. One minute say you cant remember if you had PPI. Then you say you remember you were mis-sold. Which is it? If you put in a complaint like that then you make it easy for them to reject your complaint.

Dixiebug

Dunstonh: Could it be possible, do you think, that on one agreement I can't remember and on the other I know I did????? Really appreciate the allegations of trying it on, you've treated my request for advice more as an opportunity to post your opinion to list me as a 'fraudulent complainer'. Perhaps you would like to refer to the MSE Newbie alert !