Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi, I don't know if anyone can help with this - it's not about reclaiming PPI. My aunt turned 65 in January this year, and has two businesses on which she has some loans - due to ill health last year (before turning 65) she claimed on them, and then stopped claiming - I believe she restarted the PPI payments after returning to full health last year.
On her 65 birthday her bank wrote to her telling her that they were stopping the PPI as it was no longer valid now she was 65. As the bank gave her the loan before she was 65, and knew that she would be continuing to pay these loans after her 65th birthday, can they stop the PPI?
She has just been diagnosed with cancer, and really should be able to claim on the PPI to cover the loans.
I guess my question is: is it right that they sell you PPI with a loan and then stop it when you turn 65, even though they knew the loan would continue beyond this point. And if it isn't right, how do I go about challenging them on this?
I would really appreciate some advice if anyone can help. She is very stressed right now, and I'd like to help if I can.
Hi, I don't know if anyone can help with this - it's not about reclaiming PPI. My aunt turned 65 in January this year, and has two businesses on which she has some loans - due to ill health last year (before turning 65) she claimed on them, and then stopped claiming - I believe she restarted the PPI payments after returning to full health last year.
On her 65 birthday her bank wrote to her telling her that they were stopping the PPI as it was no longer valid now she was 65. As the bank gave her the loan before she was 65, and knew that she would be continuing to pay these loans after her 65th birthday, can they stop the PPI?
She has just been diagnosed with cancer, and really should be able to claim on the PPI to cover the loans.
I guess my question is: is it right that they sell you PPI with a loan and then stop it when you turn 65, even though they knew the loan would continue beyond this point. And if it isn't right, how do I go about challenging them on this?
I would really appreciate some advice if anyone can help. She is very stressed right now, and I'd like to help if I can.
Thanks.
Hello Pandora,
There are two points if feel that need to be raised.
1. Why did they take the ppi to cover the loan when it would become void at the age of 65. Did they refund anything back into her account for the period of the left to run.
2. Do you have the terms and conditions of the policy. and what does it state about age exemptions.
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
i is a definitive case of mis selling when they are already aware that beyond 65 it is not for you
also it would be considered a breach of contract to discontinue a policy before the expiration of a contract when it is already accepted so the policy should have reamined intact and allowed to continue,
this is a breach...if you can remember when people on disability were allowed mobility allowance right up to they are 65 but once awarded this policy it is allowed to continue till renewal date then it would be discontinued well as far as i can remember this is the same as what should happen on a contract i would think failure to continue the policy would result in a serious breach of contract ,imo
hope this helps...hopefully some of the wizards on here can pick this up and give some legal guidance see curly or peter the bard
patrickq1
i is a definitive case of mis selling when they are already aware that beyond 65 it is not for you
also it would be considered a breach of contract to discontinue a policy before the expiration of a contract when it is already accepted so the policy should have reamined intact and allowed to continue,
this is a breach...if you can remember when people on disability were allowed mobility allowance right up to they are 65 but once awarded this policy it is allowed to continue till renewal date then it would be discontinued well as far as i can remember this is the same as what should happen on a contract i would think failure to continue the policy would result in a serious breach of contract ,imo
hope this helps...hopefully some of the wizards on here can pick this up and give some legal guidance see curly or peter the bard
patrickq1
Hello Patrick,
Good to know that you are looking at these posts, you input is most gratefully appreciated and valuable to know
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
is their a copy of the agreement and was there a continuation of the same policy as far as i am aware the continuance and payments should not be stopped even during payments,was this a loan through a credit card company ,and was their any late payments by the PPI company,if their was a continuation was another ppi added to the policy ,who where the company and last but not least can you scan the documents on here for others to look at,i had simmallar problems with MORGAN STANLEY...
PATRICKQ1 PPI and loan issues...
Thank you both for your posts - I will check these points with my aunt. I really think that if they had no intention of continuing my aunt's PPI after her 65th birthday then she either should have been advised, or should have not been sold it in the first place.
I will go through all the info you've given me, and see if I can find some answers in her paperwork, I'll post info back on here when I have it. Thanks again, your advice is very much appreciated.
Hi, had a long chat with my aunt yesterday about this:
1) Credit card - she had PPI, claimed on it due to depression, they cleared the card as there was not much on it. She then used the card again and continued to make PPI payments. At the time of taking out the card (around 5-8 years ago) she took out PPI but at no time was she clearly told that this PPI would cease on her 65th birthday. Also, after her first claim on it, and the reinstatement of PPI payments she was not advised that this would stop at 65.
She's sending me a copy of her paperwork on this (it's a Mint card I think), and I will send a CCA request - do you think we should do a SAR as well?
In everyone's opinion would this still be a case of breach of contract?
2) Her loan amount - this is worse (for her) - MBNA loan, no PPI taken out, so we'll just have to see if they would take reduced payments for a period of time (she has a perfect payment record with them) - but am not holding my breath. I kind of wish she had taken the PPI out - she only took the loan two years ago, and they were pushing her hard to take it.
So really, I think it is only the credit card PPI that I need any help with.
Good advice there Pete, Gave me some more things to look into as well...
Ian
Lloyds TSB -PPI - Full refund . 05/09/06 (As Seen on TV)
Halifax settled in Full.. 22/09/06
TSB First Claim SETTLED IN FULL 19/10/06
Second Claim to Lloyds TSB - Settled in Full
Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07
PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.
If my post has helped you, please click the scales! :grin:
Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.
HI Pandora
You really need to get a copy of the terms and conditions of the insurance.
This will be regulated by the FSA so a S.A.R - (Subject access request) is the form to send.
The FSA guidlies state that an insurance company must take into consideration the needs and requirements of the purchaser when selling a product. Firstly i would contact the bank quoting the relevant bits from the FSA guidlines below.
And ask them why you were sold a policy that you would not be able to claim under.
3. Principle 6 requires firms to pay due regard to the interests of their customers and treat them fairly. Principle 7 requires firms to pay due regard to the information needs of their customers, and all communications with customers to be clear, fair and not misleading.
Principle 3 is also relevant, in that it says a firm must take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems.
Our SYSC manual backs this up by requiring firms to have appropriate systems and controls in place. In particular, SYSC 3.2.6R says that a firm must take reasonable care to establish and maintain effective systems and controls for compliance with applicable requirements and standards under the regulatory system. 4. To comply with these rules, we believe that a firm should take reasonable steps to ensure that customers do not buy policies under which they are ineligible to claim benefits.This applies to all noninvestment insurance products, not just PPI, and to nonadvised as well as advised sales.
Also complain to the FSA i have included a link here to the appropriate page. Making a complaint : FSA Money made clear—guides
Best regards
Peter
Thank you very much Peter, I am seeing my aunt on Sunday so will have a copy of her terms and conditions then, and will put a letter together early next week. I am still unsure as to which way to go with this - reinstatement of her PPI so she can then claim on it whilst undergoing treatment for her illness, or refund of the PPI (plus interest) payments she has made. A refund wouldn't clear her credit card, but it would reduce the balance significantly.