Could i have some advise please?!

[doublemum]

Hi there

I am in the middle of a claim against my bank for unfair charges & have been following this section too

I took out a 12 month loan with Marks & Spencer last xmas & was advised to take out payment protection (extra £150 on top of loan) now i have just realised that even if i needed to claim during the last year i couldn't because i'm in temporary employment. Does this mean that it was mis-sold to me & can i claim it back. When i put my application in my employer was an agency name.

The loan doesn't finish till february as the start was deferred for 3 months so should i wait till i've finished paying off the loan then claim or can i claim now?

If i am entitled to claim where do i start? Are there different letters to use than the bank claiming ones?

Sorry for all the q's just don't want to get it clear first!

Many thanks!!!

Lorraine x

P.S Does this apply to all payment protection on credit & store cards too as i've got loads of PPP on my GE store card again when i was in temporary employment so again useless to me!

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[LES VOGEL]

Hi having read your post I can tell you that you have one of the best case points for claiming "all" your ppi payments back, mainly because of the reason you have stated, and the person that sold you the ppi would of known you would not of been covered from the outset. what you have to do now is "cancel" the ppi part of your loan,by writing to the customer services dept or who-ever it says you should contact on agreement, and tell them you have been mis-sold this ppi from the start and want a refund of all your payments made upto this date, yes all ppi 's are the same so claim back on all of your loans if they are not covering you for what you think they are. I have done this many times before and have got every penny back and you are entitled to the same 100% no question about that, letter to send is below change the wording to suit your needs and use some or all parts that you think will help you, you must do this as you are paying extra money out per month for nothing.
So, the sample letter is as follows:-------------------------------

Complaints department
Bank's name & address

Re: account 999999999999999999999


COMPLAINT

Dear Sir or Madam,

I took out the above loan for £x,000 on dd/mm/yy. When I took it out, I signed up for Payment Protection Insurance. I phoned up on dd/mm/yy to ask to cancel it and was told that this is impossible. I am writing to complain.

Put in any of the following which apply:

When I took out the loan, I was told that I would not have been given the loan if I did not take PPI. I have since been told that this is not true, I cancelled all other payment protection plans for the same reasons listed below and received refunds of any payments that I had made .therefore consider that I had been mis-sold this expensive insurance, which I did not need and which I said that I did not want.

I was self-employed and therefore would not be eligible for any payments from the PPI . My situation was known to the person who sold me the loan, however he/she did not point out that the insurance was virtually useless to me so I think that I have been mis-sold the insurance.

When I took out the loan, I said I did not need the PPI as I WAS SELF-EMPLOYED, but I was told I should still take it out. As this is not correct, I consider that I have been mis-sold this expensive insurance, which I did not need and which I said that I did not want.

And in view of the way I was mis-sold the insurance, I ask for a full refund of the whole premium paid.

I remember speaking to the manager of my local branch() with-in days of taking out this loan about cancelling the PPI side of my agreement and he said it was too late now as the paperwork(agreement form) had already been sent to H/O(cardiff) which I have since also learned was not correct as all agreement forms are kept at local level,and all inquiries about this loan would only be handled at the local office

Yours faithfully,


nb There is no reason why you have to be able to prove that you cant afford the PPI before you cancel it, so in theory you should not need to send an SOA. However, I think it helps because it puts the bank morally in an even worse position if their PPI is causing you hardship.

so as said above just use parts or change wording to suit your needs but you get the idea!!! all the best with your claim cheers LES

	Hardship By and large the "harship" provision in the FSA waiver is a myth which is intended to create a sense that the banking industry is sufficiently well-intentioned to act fairly towards its customers even though their right of access to the courts has been blocked. In fact there are very few guidelines as to procedure and very little definition of "hardship". One unfortunate spin off is that many people in difficulty get their hopes up and go to considerable lengths to plead hardship to their bank in order to get a refund or partial refund of their bank charges only to be refused. Neither the courts nor the FOS have the power to order a bank to make a charges refund on the basis of hardship. We hear of some people obtaining a partial refund quite easily. Others have obtained money by being very persistent - but mostly we hear that people are refused. Even benefits claimants do not automatically receive hardship refunds. By all means try to get a bank charges refund on the basis of hardship - but don't bank on it!