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.

£9.99 + £1.50 (P&P)

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.

£13.95 + £2.00 (P&P)


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

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Carl Stevens Novitiate

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    Question Return of PPI from Cap 1

    I opened c/card account in sept 2004 and was only aware in march 2006 that i was paying PPIicon monthly on any outstanding balance at a rate of 79 pence per £100. I then cancelled the ppi. At no time did i sign for this and aswell as this i was self employed. I got a copy of all my statements and totalled the ppi up and requested a refund of the money (£360.00).
    They have replied by telling me that i was sold the ppi over the phone, and said they told me it was optional and that i agreed to it.They also said that they sent me the terms and conditionsicon which is also untrue. Should i ask them to send me another copy of the agreement or just go on to the lbaicon stage.

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  2. #2
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    Default Re: Return of PPI from Cap 1

    Quote Originally Posted by Carl Stevens View Post
    I opened c/card account in sept 2004 and was only aware in march 2006 that i was paying PPIicon monthly on any outstanding balance at a rate of 79 pence per £100. I then cancelled the ppi. At no time did i sign for this and aswell as this i was self employed. I got a copy of all my statements and totalled the ppi up and requested a refund of the money (£360.00).
    They have replied by telling me that i was sold the ppi over the phone, and said they told me it was optional and that i agreed to it.They also said that they sent me the terms and conditionsicon which is also untrue. Should i ask them to send me another copy of the agreement or just go on to the lbaicon stage.
    Hello Carl,

    The onus will be on them to prove that you agreed to it, I would ask them for a copy of your credit agreement and a copy of the telephone recordingicon that you agreed to it.

    Continue on your course of action at your timescales:grin:

    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

  3. #3
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    Smile Re: Return of PPI from Cap 1

    Thanks for that is there a template for this and is there a charge to get the information. should i allow them a set time to respond to this aswell.


  4. #4
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    Default Re: Return of PPI from Cap 1

    Hello.

    Did you do a SARicon

    It costs £10 and they have 40days to comply under the data protection act. You will find it in the PPIicon sticky. Full SARicon for ppi. Make sure you ask for all telephone recordings as well.

    For your credit agreement you need to send a request under section 77/78 of the consumer credit act. If you go to the main page of the forum go to the general debt forum click on the creditor/debtors template letter, copy and paste letter N. Add your details and post it recorded delivery, they have 12 working days + 2 days postage, before defaulting and if after a further 30days they do not supply it they have committed a criminal offence.

    I would personally make sure I had all of the information that you require to make a successful claim before sending your lbaicon

    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

  5. #5
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    Question Re: Return of PPI from Cap 1

    i had already sent a S.A.R. when claiming back my charges but only asked for the statements and wasnt aware at the time that you could claim the PPIicon fees back. Should I send a new separate one for the telephone conversations and one for section 77/78 for a copy of the credit agreement.


  6. #6
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    Question Re: Return of PPI from Cap 1

    Surprise surprise got a letter back from cap 1 saying that i agreed to the PPIicon i have now sent a recorded letter asking for a copy of all transcripts and statements lets see what we get now. do they usually go to court on PPi's


  7. #7
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    Smile Re: Return of PPI from Cap 1

    I have had the latest letter back from cap1 sayig that the PPIicon wasnt mis sold so i am now going to fill in the forms for Ombudsmanicon. does anyone know what happens and the approximate length of time it takes


  8. #8
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    Default Re: Return of PPI from Cap 1

    could anyone tell me what i need to send with the forms


  9. #9
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    Default Re: Return of PPI from Cap 1

    hello carl,

    when you submit your complaint to the fosicon you will need to send copies of all the letters to and from Cap 1 up to date, ie your S.A.R - (Subject access requesticon), their response and any other follow up letters. This allows the Ombudsman to look at both sides and then make a decision. It will take a while but if the FOS does not uphold your complaint you still have the option of going to Court.

    hope this helps

    aa


  10. #10
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    Smile Re: Return of PPI from Cap 1

    Thanks for that I will fill in the forms and send of the documents do you need to let them know that you are contacting the Ombudsmanicon


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    Default Re: Return of PPI from Cap 1

    hello carl,

    I did not bother to tell them initially. My first complaint is about the failure of the bank to comply fully with my SARicon. They made the going hard so I made a complaint to the ICO with copies to the fosicon, FSA, OFT and British Bankers Association.
    My letter reclaiming PPIicon goes tomorrow. check out my thread...
    alanalana PPI claim against RBS (looking for some help) please
    and you will get the general idea posts 23, 40, 47 and 96 may be helpful to you. You can see how I have approached it.

    Good luck

    aa


  12. #12
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    Default Re: Return of PPI from Cap 1

    Thanks again for your help


  13. #13
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    Default Re: Return of PPI from Cap 1

    I tried this and went throught to the fosicon but was turned down as they said they had prove i had ticked a box on my internet aplication requesting infomation/cover on PPIicon so i lost as the FOS said i had been sold iy corectly even though i had proveided evidance that i was told on the phone by one of there customer sales team tyhat i would be refused a card unless i took out a PPI


  14. #14
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    Default Re: Return of PPI from Cap 1

    hi lenny, i find the fosicon to be very long winded way of getting a result.
    i am in court with cap1 in 9 days as i dispute the box thats been ticked on the application form.
    have you done the SARicon and requested all the details regarding PPIicon.
    then take them to court, they might pay up.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE