Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

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.

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Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default Night Owl v Paragon PPI

    Hi folks.
    With 2 Bank claims stayed I have been looking at other ways to save money and have been reading this stuff on PPIicon's with much interesticon.

    My O/H and I took out a joint secured loan 3 years ago with Paragon and were told that it came with PPI, in fact we were fobbed off with joint PPI plus joint life cover!
    It's a large loan of 52K plus 18K PPI!!!!!! monthly rate of interest 0.7160% APR 8.9%. The copy of the agreement has the PPI box already crossed in print. The PPI is to cover a 20 year loan but for only 10 years.
    We were healthy and employed at the start of the policy but were forced into buying the PPI with the loan or, no loan.

    1. Is this a miss-sold policy and can we do anything to stop the PPI and claim back what we have payed so far?

    2. Should we have to arrange cover for the term of the loan if we cancel this PPI?

    Help please my gasp is a flabber with this one!!
    Night Owl

    Similar Threads:
    Keep up the fight against Bank Charges
    and sign this petition.
    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.





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  2. #2
    Site Team alanfromderby has disabled reputation alanfromderby's Avatar

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    Default Re: Night Owl v Paragon PPI

    You should not have been forced to buy the PPIicon - whether you have alternative cover is up to you, and depends really on whether you can confidently service the loan if anything happens like redundancyicon, sickness etc.

    Without a shadow of doubt you could have got a policy that did the job much cheaper.

    There is plenty of info in the stickies at the top of this forum.

    Alan, Derby, UK.



    PLEASE HELP US TO KEEP THIS SITE RUNNING
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    Postage £1.50 - Delivery in the UK only.
    Click on the above link to place your order - payment by Paypal.

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    Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

    DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

    Advice given is purely my opinion, and is not based on any legal training.

  3. #3
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    Default Re: Night Owl v Paragon PPI

    Thanks Alan.
    Will read, read and read more.
    Night Owl

    Keep up the fight against Bank Charges
    and sign this petition.
    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.





    Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!!

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  4. #4
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    Default Re: Night Owl v Paragon PPI

    Well hello reader!
    I'm resurecting this thread and gonna have a go at claiming the PPIicon.

    Just looked at the policy and at the top it states "Unregulated Credit Agreement" It was taken out 2004.
    Am I gonna have trouble claiming PPI on this?
    I am under the impression that it is not covered under the Consumer Credit Act?

    Night Owl

    Keep up the fight against Bank Charges
    and sign this petition.
    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.





    Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!!

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  5. #5
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    Default Re: Night Owl v Paragon PPI

    Night Owl

    As I understand it you shouldnt have a problem with them not being registered with the FSA as if you check the FSA register they were registered from Oct 2004. My loan with them was taken out back in 1998 and they have come back with they were not regulated by the FSA so I cannot take my complaint to them, leaving the only option to me being FLA or court procedure. Its really up to you what course of action you take, the FSA do take a long time, they apparently have a large backlog of claims to deal with at the moment and the last I heard was approx 4 months, therefore court action would probably be quicker but more hassle and expense for you.

    Paragon are not quick off the mark at replying to correspondence either (if they bother to reply at all) a delaying tactic no doubt!

    I hope you have success with your claim, I am considering my claim, have put it on the back burner while I concentrate on a few others and requesting cca's from all of my creditors.

    I have sent a complaint form to the FLA (Finance and Leasing Association) which may be able to help about Paragon approx 2 months ago but they have not bothered to reply, the form was emailed and it does say if you dont hear back from them within 2 days to contact them so I will chase that up.

    I will willingly help you any further if I can. I am not an expect but have gained a lot of knowledge from this invaluable site. The people on here are diamonds!

    Tink

    GE MONEY - DEBENHAMS CARD
    Settled in full after prelim

    MBNA
    Settled after LBA
    however mistake made by me on contractual interest so going after the rest now
    SETTLED IN FULL JAN 2007

    MINT
    Offer after prelim rejected
    Settled in full after LBA


    to go:
    Barclays Bus Ac - to mcol
    Barclays CC - to mcol
    Nat West (over 6 years) no action taken yet
    Creation Financial - awaiting statements since Dec
    Goldfish - offer after prelim rejected
    and some more

  6. #6
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    Default Re: Night Owl v Paragon PPI

    Big thanks TINK.

    I have had this put on the back burner but now am ready to get it going again.

    Intresteing that Paragon were registered in the same month and year that we took out the policy.
    I will get the paperwork started and see what happens.

    I don't mind the battle and hanging around waiting, cause the bank claims are on hold too. I have time on my hands to play at annoying another company for my money!

    Don't give up on your claim, it's got to be worth the odd nudge to keep them aware that you are after them.

    I agree with you about this site. It has given me the confidence to fight for the right to claim and fingers crossed will be bringing success soon.

    Will be following you with interesticon and will get mine going on Monday.
    Thank you.

    Night Owl

    Keep up the fight against Bank Charges
    and sign this petition.
    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.





    Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!!

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  7. #7
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    Default Re: Night Owl v Paragon PPI

    Ok, here we go.

    SARicon written + £10 PO going in the post 13/07/09 to Paragon.

    Night Owl.

    Keep up the fight against Bank Charges
    and sign this petition.
    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.





    Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!!

    <<< Please tickle my star!! if I have managed to help you or just made you chuckle!

  8. #8
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    Default Re: Night Owl v Paragon PPI

    Quote Originally Posted by Night Owl View Post
    Ok, here we go.

    SARicon written + £10 PO going in the post 13/07/09 to Paragon.

    Night Owl.
    And make sure to keep up the pressure as the banks are using delaying tactics all the way to try and hang on to Your money

    a

    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

  9. #9
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    Default Re: Night Owl v Paragon PPI

    Tell me about it Alan my claim started just over a year ago now and the Co-op are still hanging on to it.

    PF


  10. #10
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    Default Re: Night Owl v Paragon PPI

    Thank you alanalana, will do.

    Thank you pompey, and here was me thinking I would get my teeth into something that would be quicker................si lly me!

    Night Owl

    Keep up the fight against Bank Charges
    and sign this petition.
    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.





    Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!!

    <<< Please tickle my star!! if I have managed to help you or just made you chuckle!

  11. #11
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    Default Re: Night Owl v Paragon PPI

    well your claim may run quicker as mine is very complex PF


  12. #12
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    Default Re: Night Owl v Paragon PPI

    Update.

    SARicon reply arrived this morning from Paragon.
    This is a joint account and they have sent all the details just for me! Letter I sent was written by me about our joint account and requesting a SARicon for our account.

    They have sent statements from the start of the term, Unregulated Credit Agreement, Original application form and my payslip for that time.
    All of my O/H's info has been blacked out!

    Keep up the fight against Bank Charges
    and sign this petition.
    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.





    Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!!

    <<< Please tickle my star!! if I have managed to help you or just made you chuckle!

  13. #13
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    Default Re: Night Owl v Paragon PPI

    You will have to get your OH to give written authority for them to release the full information on the joint account.They will cite the Data Protection Act Section 7(3) if you complain.

    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

  14. #14
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    Default Re: Night Owl v Paragon PPI

    Ok, now have full SARicon after re-writting with both signatures.

    I believe that this policy was missold because the paper work was already ticked for joint PP cover plus joint life cover when we received it, I don't believe it was optional. We have recently had our finances overhauled by Payplan and believe we have enough Life Insuranceicon and our pay would cover sickness.

    The loan is still running and the PPIicon was added at the start. Really not sure what to write next. Is there a template letter? I can't find one.

    Thanks.

    Keep up the fight against Bank Charges
    and sign this petition.
    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.





    Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!!

    <<< Please tickle my star!! if I have managed to help you or just made you chuckle!

  15. #15
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    Default Re: Night Owl v Paragon PPI

    Ok got all the statements back a while ago and the CCA.
    Just writing another letter to Paragon after reading something from alanalana.

    You have failed to produce the 'demands and needs' questionnaire or any other similar relevant material. This should be a set of questions to be asked for each sale of Payment Protection Insurance, to ensure that the product is suitable for the customer. We request that you provide us with a copy of this information and if you cannot provide it we wish that you state so by letter.

    Tightening the thumb screws on Paragon!!

    Keep up the fight against Bank Charges
    and sign this petition.
    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.





    Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!!

    <<< Please tickle my star!! if I have managed to help you or just made you chuckle!

  16. #16
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    Default Re: Night Owl v Paragon PPI

    Update.

    Just heard back from Paragon.

    I asked them for the demands and needs statement. Their letter reads,

    1. Any log of communication between ourselves and yourselves that may exist is not held within a relevant filing system.

    2. Any pre-contract information including any Demands & Needs statement would have been provided by your brokers who acted on your behalf. Paragon did not recieve the application until after the Credit Agreement had been signed.

    3. Your brokers were responsible for the sale of the loan and any associated insurance and for responding to any questions you may have raised. The application was only forwarded to Paragon after the loan Agreement had been signed and was completed within 48hrs of receipt. However, we enclose a copy of the relevant PPIicon certificate for eas of reference.

    Do I have to send a SARicon now to Central Capital?
    I have a document folder with Central Capital on and one letter with Central Capital on. Everything else has Paragon on. Unregulated Credit Agreement has Paragon at the top.
    Loan & PPI still being paid to Paragon. Never made a claim.
    How do I stop PPI and make a claim? The PPI box on the Unregulated Credit Agreement has a printed cross on, not filled in by me.
    PPI added to complete loan at the start of the loan.

    Keep up the fight against Bank Charges
    and sign this petition.
    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.





    Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!!

    <<< Please tickle my star!! if I have managed to help you or just made you chuckle!

  17. #17
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    Default Re: Night Owl v Paragon PPI

    Quote Originally Posted by Night Owl View Post
    Update.

    Just heard back from Paragon.

    I asked them for the demands and needs statement. Their letter reads,

    1. Any log of communication between ourselves and yourselves that may exist is not held within a relevant filing system. (this is a fob off ask them to clarify what they call a relevant filing system. A relevant filing system is any filing system that refers to you by name, address, account number, reference number, national insurance number, they are trying to put you off the claiming route IMO. Even Microfiche is a relevent filing system so contest their first paragraph.)

    2. Any pre-contract information including any Demands & Needs statement would have been provided by your brokers who acted on your behalf. Paragon did not recieve the application until after the Credit Agreement had been signed. ( You should put them to strict proof on this statement. I am assuming the credit agreement is with Paragon and it carries the paragon name on the agreement. I also assume that you are/or were paying all of you monthly payments to paragon including the PPIicon attached to the loan?)If this is the case then you should be claiming against paragon and not any broker.If you are paying paragon then get them to deal with the broker again this is them trying to slip the hook IMO.

    3. Your brokers were responsible for the sale of the loan and any associated insurance and for responding to any questions you may have raised. The application was only forwarded to Paragon after the loan Agreement had been signed and was completed within 48hrs of receipt. However, we enclose a copy of the relevant PPI certificate for eas of reference.

    Do I have to send a SARicon now to Central Capital?
    I have a document folder with Central Capital on and one letter with Central Capital on. Everything else has Paragon on. Unregulated Credit Agreement has Paragon at the top. Chase paragon and if they kick off or do not respond then after 8 weeks no response or in the meantime a final response saying no us, shove off or words to that effect then off to the fosicon. It will take a long time but the FOS will require a £500 fee from paragon do deal with your complaint. Better to let the FOS and paragon do the arguing.
    Loan & PPI still being paid to Paragon.(this answers comments made above) Never made a claim. (so you can claim mis-sold PPI if you have a valid reason) please read the stickies for valid reasons.

    How do I stop PPI and make a claim? The PPI box on the Unregulated Credit Agreement has a printed cross on, not filled in by me.
    PPI added to complete loan at the start of the loan.
    Best to write back to paragon telling them to cancel the PPI (but be sure to make sure you have alternative cover just in case. There are cheaper alternatives out there)

    Tell them you require cancellation of PPI and a pro rata refund of any outstanding PPI.

    Give them the reasons you are claiming mis-selling.....

    PPI - Some Notes for Claimants..

    Links that may help with your claim for Mis-sold PPI
    Financial Ombudsman Service

    http://www.financial-ombudsman.org.u...-insurance.pdf

    THIS LINK IS IMPORTANT TO YOU ON RECLAIMING IT IS FROM 2001 FROM THE FOS
    loan payment protection insurance and a quote from this link...

    Quote:
    When determining whether a policy is suitable, a seller – whether a lender or an agent for the insurer – must obviously take into consideration any information the prospective policyholder volunteers. However, we do not consider the seller’s duty is limited simply to recording what the borrower discloses. It is only by asking questions that the seller can properly determine suitability. These questions cannot cover every aspect of a borrower’s personal position and should not be expected to do so. To paraphrase the ABI Statement, only those matters deemed to be relevant by the insurer should be the subject of questions.
    Another Useful article on Single Premium PPI and why the FSA say it was unfair.
    http://www.moneymadeclear.fsa.go v.uk...insurance.html
    Payment protection insurance (PPI) – Refunds of single premiums : FSA Money made clear – Unfair contracts

    For claims before 2005 and the FSA ruling from which campaign
    How to tell if you’ve been mis-sold PPI

    Quick check: were you mis-sold? - How to tell if you’ve been mis-sold PPI


    The above links are all in here ..... Mis-sold PPI? Want your money back? use these links to help

    and much more..

    hope this helps

    aa

    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

  18. #18
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    Default Re: Night Owl v Paragon PPI

    Many thanks alanalana, some great advice as always.

    Will go over it over the weekend if I can, even though I'm working nights!

    Keep up the fight against Bank Charges
    and sign this petition.
    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.





    Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!!

    <<< Please tickle my star!! if I have managed to help you or just made you chuckle!

  19. #19
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    Default Re: Night Owl v Paragon PPI

    Many thanks to aa for above advice.

    Letter going to Paragon for further information from their letter above and a copy of the Needs and Demands statement under my SARicon.
    Also cancel PPIicon, pro rata refund with reasons for mis-selling Single Premium PPI.

    Don't think this is going to be an easy fight!

    Keep up the fight against Bank Charges
    and sign this petition.
    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.





    Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!!

    <<< Please tickle my star!! if I have managed to help you or just made you chuckle!

  20. #20
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    Default Re: Night Owl v Paragon PPI

    Quote Originally Posted by Night Owl View Post
    Many thanks to aa for above advice.

    Letter going to Paragon for further information from their letter above and a copy of the Needs and Demands statement under my SARicon.
    Also cancel PPIicon, pro rata refund with reasons for mis-selling Single Premium PPI.

    Don't think this is going to be an easy fight!


    They rarely are but perserverance and meticulous record keeping of letters and documents is a distinct advantage when it goes to the Financial Ombudsmanicon Service or the Courts.

    aa


    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.


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