PPI Reclaiming discussion Part II

di3004

marshallka wrote: »

M Colak did me a calculation and as well and I think this includes rule 78 of the loan unfair as well as he used the calculation of the new version of calculating early settlements. Can't be sure but mine came to £7447 and that is more than the PPI itself here. I can't be sure though as if you think about it there is all the interest. I have asked this lots and no one could answer how he works them.

Does M Colak come on still I wonder ?
I have also left the figure out now just in case.;)

Should I add anything about the Rule of 78 in the complaint form do you think ?
Or would they automatically look into the way this is done anyway perhaps ?

See this is new on me as my last complaints have always been about mis selling......

di3004

spoll wrote: »

Hi guys,

I'm just putting my repsonse together for Norton re refusing their improved offer and stating that we're going with the FOS. I was tempted to have a dig about the not-so-discreet messages that there is a backlog with the FOS but will keep it professional!

I'm also putting a letter to the FOS which will include a copy of the last correspondace from Norton.

Just reading through all the various letters from Norton over the last couple of months and each one seems to have a 'key fact's or some other policy document with various bits of smallprint highlighted which they say prove they didn't mis-sell the policy. I think it's last minute jitters on my part but is this likely to wash with the FOS?

Thanks

Hi Spoll
I agree with Marshallka you have come this far now, keep it going.;)

These firms hope we give up, so you show them hunni - your no doormat, and you will fight this one out.

nothingwitty

marshallka wrote: »

I really feel you on this. I would write to the court and state that they are withholding evidence that is relevant to your case. I don't know how you stand legally but to me it is just that "withholding information".

Perhaps Tiggrae will be on later and let you know as she has knowledge on the courts and what you can and cannot do.

What have the ICO done. I would also try to get a reply from them on this matter and try to get them to help before your case is presented. Its not going to look good on them though as this in effect is another strike for them.

Further to my posting yesterday regarding Bank of Scotland's non compliance with my SAR, I've written to the court and copied the HBOS litigation manager.

My name and address

My phone number

22nd September 2008

The Court Manager
Address of Court


CC: Forename Surname, Litigation Solicitor, HBOS Legal Retail

Dear Sir or Madam,

Claim Number ********

I refer to my current action against Bank of Scotland Plc.

I wish to make you aware that I sent a Subject Access Request to Bank of Scotland on 26th July, which was received by Bank of Scotland on 30th July (evidence follows). The cheque for £10 which accompanied the Subject Access Request was cashed by Bank of Scotland on the 6th August. As I received no reply to my Subject Access Request, I then faxed and posted a non-compliance letter to Bank of Scotland on 9th September, advising that Bank of Scotland had failed to honour its statutory obligations to provide the requested information. To date my request has still not been obliged.

I find it particularly disappointing that Bank of Scotland has failed to respond to my request. As you will be aware, a date has now been set for the set-aside hearing regarding my claim. Bank of Scotland’s failure to comply with their statutory obligations is now impacting on my preparation for the hearing, which I find distressing and grossly unfair. I am aware that I can pursue a Court Order to secure the information being withheld but am concerned that this would not be issued in advance of my court date of 29th October. Please also be aware that I have copied the litigation solicitor at HBOS (Forename Surname) on every correspondence regarding my Subject Access Request yet have not been made aware of any action on her part to rectify this situation.

I am therefore somewhat at a loss as to what I should do as I cannot fully prepare my case without the requested information.

I wish to enter the above for your information.

Should you wish to discuss any of the above, I can be contacted on ***** ****** ******.

Yours faithfully,

Me





What do you guys and gals think???

xx

pinknico

Tiggrae if you see this would welcome your input.

La Redoute aka Redcats put Account cover on my account un asked and will not refund premiums as this is 2000 they are covered by no one.

If I wanted to go to court could I just claim from 2002 monthly payments to get round the 6 year limitations ?

Their replies for not upholding are a joke and if they had been covered it would be an open and shut case in my favour. Plus they have no signed agreement.

di3004

nothingwitty wrote: »

Further to my posting yesterday regarding Bank of Scotland's non compliance with my SAR, I've written to the court and copied the HBOS litigation manager.

My name and address

My phone number

22nd September 2008

The Court Manager
Address of Court


CC: Forename Surname, Litigation Solicitor, HBOS Legal Retail

Dear Sir or Madam,

Claim Number ********

I refer to my current action against Bank of Scotland Plc.

I wish to make you aware that I sent a Subject Access Request to Bank of Scotland on 26th July, which was received by Bank of Scotland on 30th July (evidence follows). The cheque for £10 which accompanied the Subject Access Request was cashed by Bank of Scotland on the 6th August. As I received no reply to my Subject Access Request, I then faxed and posted a non-compliance letter to Bank of Scotland on 9th September, advising that Bank of Scotland had failed to honour its statutory obligations to provide the requested information. To date my request has still not been obliged.

I find it particularly disappointing that Bank of Scotland has failed to respond to my request. As you will be aware, a date has now been set for the set-aside hearing regarding my claim. Bank of Scotland’s failure to comply with their statutory obligations is now impacting on my preparation for the hearing, which I find distressing and grossly unfair. I am aware that I can pursue a Court Order to secure the information being withheld but am concerned that this would not be issued in advance of my court date of 29th October. Please also be aware that I have copied the litigation solicitor at HBOS (Forename Surname) on every correspondence regarding my Subject Access Request yet have not been made aware of any action on her part to rectify this situation.

I am therefore somewhat at a loss as to what I should do as I cannot fully prepare my case without the requested information.

I wish to enter the above for your information.

Should you wish to discuss any of the above, I can be contacted on ***** ****** ******.

Yours faithfully,

Me





What do you guys and gals think???

xx

Wow in my opinion hunni this is superb, Well done!:beer: .:D

Di.
x

spoll_2

marshallka wrote: »

Spoll, don't get cold feet now you have come this far. Yours was 2006 and its much more likely to be upheld than most of ours. Its natural they want to frighten you. They owe you lots of money.

I would not accept their offer to you. They have only offered you something in my opinion cause they know they are wrong and trying it on.

Let it be your decision though but i think you stand a very good chance here. You will have to wait though as there is a big queue at FOS but might be a good idea if in financial difficulties to ask for the fast track at the same time as the complaint is sent in.

Don't worry guys although we're having last minute jitters we are still going to see this through to the end.

Just wondering whether worth making the FOS aware that we don't think we received all the literature/terms that Norton are now sending. Not 100% sure on this point but maybe worth mentioning? I don't want this to make our case appear weaker if Norton then go on to prvoe we were sent everything.

Will deifnetly put the financial difficulty bit in as my dad had to borrow more to settle the loan, whic hof course he is now paying interest back on so effectivly he will be paying back the one PPI twice over!

marshallka

nothingwitty wrote: »

Further to my posting yesterday regarding Bank of Scotland's non compliance with my SAR, I've written to the court and copied the HBOS litigation manager.

My name and address

My phone number

22nd September 2008

The Court Manager
Address of Court


CC: Forename Surname, Litigation Solicitor, HBOS Legal Retail

Dear Sir or Madam,

Claim Number ********

I refer to my current action against Bank of Scotland Plc.

I wish to make you aware that I sent a Subject Access Request to Bank of Scotland on 26th July, which was received by Bank of Scotland on 30th July (evidence follows). The cheque for £10 which accompanied the Subject Access Request was cashed by Bank of Scotland on the 6th August. As I received no reply to my Subject Access Request, I then faxed and posted a non-compliance letter to Bank of Scotland on 9th September, advising that Bank of Scotland had failed to honour its statutory obligations to provide the requested information. To date my request has still not been obliged.

I find it particularly disappointing that Bank of Scotland has failed to respond to my request. As you will be aware, a date has now been set for the set-aside hearing regarding my claim. Bank of Scotland’s failure to comply with their statutory obligations is now impacting on my preparation for the hearing, which I find distressing and grossly unfair. I am aware that I can pursue a Court Order to secure the information being withheld but am concerned that this would not be issued in advance of my court date of 29th October. Please also be aware that I have copied the litigation solicitor at HBOS (Forename Surname) on every correspondence regarding my Subject Access Request yet have not been made aware of any action on her part to rectify this situation.

I am therefore somewhat at a loss as to what I should do as I cannot fully prepare my case without the requested information.

I wish to enter the above for your information.

Should you wish to discuss any of the above, I can be contacted on ***** ****** ******.

Yours faithfully,

Me





What do you guys and gals think???

xx

I think its great. If tiggrae in on again (she did come on for a short while earlier) i am sure she will comment.

marshallka

spoll wrote: »

Don't worry guys although we're having last minute jitters we are still going to see this through to the end.

Just wondering whether worth making the FOS aware that we don't think we received all the literature/terms that Norton are now sending. Not 100% sure on this point but maybe worth mentioning? I don't want this to make our case appear weaker if Norton then go on to prvoe we were sent everything.

Will deifnetly put the financial difficulty bit in as my dad had to borrow more to settle the loan, whic hof course he is now paying interest back on so effectivly he will be paying back the one PPI twice over!

You have to prove that financial difficulties are now so if you send info in as well then they can see that your dad had to loan more and would not be in this position perhaps without having to pay this PPI. Also glad you are going through with it. Yes, definately say about not receiving the literature with the agreement. Its a factor and although they say they sent it they probably could not prove it. Its the fact that they sell these as conditions of the loans that matters and you are not told the full cost and how they are actually loans on top of loans. None of us would have had these if we were made aware of the actual full cost of these at the time of taking the loans.

nothingwitty

di3004 wrote: »

Wow in my opinion hunni this is superb, Well done!:beer: .:D

Di.
x

I have learned to keep fighting from the best of you....


" I will not give up until I win - no matter what "

marshallka

di3004 wrote: »

Does M Colak come on still I wonder ?
I have also left the figure out now just in case.;)

Should I add anything about the Rule of 78 in the complaint form do you think ?
Or would they automatically look into the way this is done anyway perhaps ?

See this is new on me as my last complaints have always been about mis selling......

I would not add about rule 78 as this confuses them apparently. Its makes it look like a loan complaint and not just the ppi. Thats what tiggrae told me. I have not said much only just unfair rebate of a ppi policy.