Blackhorse failed to cancel PPI

[jasper]

Hi Gang.

Did a S.A.R - (Subject Access Request) to find out what details BH had on me relating to two motorcycle finance agreements. Nothing untowards on the second. However, the first had gold PPI cover. I noticed this at the time of the loan (2003) and wrote them a letter asking them to cancel it. Turns out they didn't bother. This is the first letter i wrote them:

Dear Sir/Madam

I have recently re-examined this loan taken out on the 21st June 2003. I attach a copy of the loan agreement (1). This has on it a figure of £582.26 for ‘Creditcare’. This was not requested at the time I took out the loan. On the 3rd July 2003 I wrote to you requesting it to be removed from the account(2). In the pack of information received from you under a Data Protection Act Subject Access Request is an ‘Agreement modifying a credit agreement’ cancelling the PPI policy(3). I never received this document, and as you can see from the statement you also sent me (4) the amount of the agreement was never reduced from the original £3790.96 to the amended amount of £3208.70. I therefore have paid this amount plus interest to you due to your error.

This was paid from the 21/06/03 to the 10/03/05 when the loan was settled. I have calculated this amount based on 21months at 10.9% APR. The amount I am requesting you return to me therefore is £640. Please repay this amount in full within 14 days otherwise I will commence a claim in the Small Claims court to recover these monies without further correspondence with yourselves.

Today i received this:

Thank you for your letter. I am sorry that you feel the Payment Protection Policy covering your agreement has been mis-sold. It is important that we are made aware of any instance where our customers feel dissatisfied.

As the insurance was sold by ********** and not by us, i have passed a copy of your letter to them and asked that they investigate the issues you have raised and respond directly to you.

I am now going to fax this back:

Thank you for you letter dated 2nd December.
I am not interested in who did or did not sell me the insurance. ******* were acting as your agents were they not? My grievance is not necessarily that I was mis-sold the policy, although I plainly was, hence the letter asking you to cancel it. My grievance is that you did not action this. I am therefore not prepared to wait indefinitely for you and your agents to pass the buck between yourselves. I have already stated I will commence proceedings to recover this money unless you refunded in full in 14 days. This period has lapsed.
Therefore please consider this your notice that unless I am refunded this, in full, within the next seven days, that I will, without further correspondence commence a claim to recover these monies.

Anyone got any comments? am i going about this incorrectly?

Many thanks

Jasper

[hellhasnofury]

Originally Posted by jasper

Hi Gang.

Did a S.A.R - (Subject Access Request) to find out what details BH had on me relating to two motorcycle finance agreements. Nothing untowards on the second. However, the first had gold PPI cover. I noticed this at the time of the loan (2003) and wrote them a letter asking them to cancel it. Turns out they didn't bother. This is the first letter i wrote them:




Today i received this:





[font=Arial]I am now going to fax this back:






Anyone got any comments? am i going about this incorrectly?

Many thanks

Jasper

Hello Jasper, Can you read this link please.

Wilson & Anor v Hurstanger Ltd [2007] EWCA Civ 299 (04 April 2007)

It refered to case law relating to brokers and creditors and about the equal responsiblity they have because of brokers fees.

Makes interesting reading. There is a summary of the case in the support legislation stick re court bundles.

Maybe refer to this in your letter, that you are aware of law and wont be pawned off