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.
fos update on compensation issues on PPI claims. You can seek compensation on claims for mis-sold PPI Please see this link which contains other FOS links which you should also check out.
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...
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.
ICO are having trouble dealing with tha massive amount of complaints so timeframes keep slipping. Patience is the name of the game. (Received a response from the ICO Upholding my complaint under the sixth principle of the DPA 1998. RBS failed to comply fully to my SAR within 40 days) post 290 on http://www.consumeractiongroup.co.uk...fight-but.html
This is a really useful link for those CAGers looking for the UK Law Statue databases just type in the legal Act that you require and the date and search Home - Statute Law Database
Can I reclaim on any PPI policy?
Your claim for compensation is dependent on when you took the insurance. PPI sales only came under the jurisdiction of the FSA on 14 January 2005. Any sales made before then are not covered by the latest rules.
However, it may still be worth complaining to your lender if you feel you have been mis-sold. If you bought before January 2005 it is likely that they will have been covered by a previous regime of rules. This means that the Financial Ombudsman Service will be able to consider these complaints. If you took PPI after January 2005, your claim is subject to the latest rules.
For legal issues relating to Data Protection check this link...Lots of very useful info in understandable terms. Data Protection | OUT-LAW.COM
it includes the following and much much more Negotiating with the Data Subject (This should be important to Banks)
At this stage, it is advisable to negotiate with the data subject. The location information the data subject will have already given will give a clue as to what it is the data subject really wants to have information about. The benefit of the Data Protection Act 1998 is that it allows data controllers to negotiate with data subjects to get the data subject to specify the exact information he or she wishes to receive.
The data controller is entitled to ask for a fee of £10 and two further pieces of information. Firstly, the data controller must satisfy himself that the person making the request is, in fact, the data subject. The use of a Subject access request form is advised, since the greatest breach of a data controller's security is for the data controller to satisfy a Subject access request made by a person impersonating the data subject. The use of the form goes towards proving that the data controller has adequate identification and verification procedures in place. Secondly, the data controller is entitled to ask the data subject for further information to enable the data controller to locate the information which that person seeks.
When the last of these three pieces of information has been obtained, the forty day period starts to run. It is advisable to put procedures in place to ensure that the receipt of the request and the further information is correctly dated so that an organisation knows how long it has to satisfy the subject access request.
However, if the data subject is adamant that he or she wishes to receive a copy of everything the data controller holds on him or her, then there is very little the data controller can do about this, and a completely exhaustive search of the computerised and manually held data in the organisation will be required. (nice to know what you see in the Act is what you get)
Two Competition Commission links Courtesy Banker Rhymes With.
re: Mis-sold PPI? Want your money back? use these links to help
just a quick thought, this is probably in the wrong place, but having used your link to the IFO (thanx) to have a read, I'm surprised that ppl haven't tried the Freedom of Information Act to get the banks to prove how much it actually costs re: bank charges of any description.
re: Mis-sold PPI? Want your money back? use these links to help
I'm surprised that ppl haven't tried the Freedom of Information Act to get the banks to prove how much it actually costs re: bank charges of any description.
The Freedom of Information Act only applies to 'public authorities' - this includes
central and local government
the health service
schools, colleges and universities
the police
other non-departmental public bodies, committees and advisory bodies.
re: Mis-sold PPI? Want your money back? use these links to help
Some extracts for the Unfair Terms in Consumer Contract Regulations 1999.
Check this out another approach to claim back Mis-sold PPI.
Unfair Terms 5. - (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.
(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.
(5) Schedule 2 to these Regulations contains an indicative and non-exhaustive list of the terms which may be regarded as unfair.
Assessment of unfair terms <A name=6>6. - (1) without prejudice to regulation 12, the unfairness of a contractual term shall be assessed, taking into account the nature of the goods or services for which the contract was concluded and by referring, at the time of conclusion of the contract, to all the circumstances attending the conclusion of the contract and to all the other terms of the contract or of another contract on which it is dependent.
(2) In so far as it is in plain intelligible language, the assessment of fairness of a term shall not relate-
(a) to the definition of the main subject matter of the contract, or
(b) to the adequacy of the price or remuneration, as against the goods or services supplied in exchange.
Written contracts <A name=7>7. - (1) A seller or supplier shall ensure that any written term of a contract is expressed in plain, intelligible language.
(2) If there is doubt about the meaning of a written term, the interpretation which is most favourable to the consumer shall prevail but this rule shall not apply in proceedings brought under regulation 12.
Effect of unfair term <A name=8>8. - (1) An unfair term in a contract concluded with a consumer by a seller or supplier shall not be binding on the consumer.
(2) The contract shall continue to bind the parties if it is capable of continuing in existence without the unfair term.
re: Mis-sold PPI? Want your money back? use these links to help
Hello AA,
You are excelling now These links will be extremely useful to others, so it may be important to put them in the stickies, for reference in one place for others to find easily. Maybe pm a mod:grin:
Now a question I would like to ask regarding the data protection act, I have searched and searched for days and cannot find anything.
In my case and I am sure with others, previous loans that were taken in say 2001, they state they have not information regarding this on their databases, no credit agreements,etc. They state that under the dpa they have not legal obligation to keep them. Ok I understand this arguement, but were is there information on destruction of data.
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
re: Mis-sold PPI? Want your money back? use these links to help
Good morning Hell,
Thanks for the pat on back
Let me do some research for you and see If I can get an accurate answer.
I know some financial institutions keep stuff for a long time but it varies from bank to bank. If there is a definative answer within various acts I will try to find for you.
This link may help you out, but it is toing and froing to get what you need.
re: Mis-sold PPI? Want your money back? use these links to help
:grin: Well done AA you've been stickied: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
Read the bit about the PPI and some of the complaints that the fos has upheld
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
re: Mis-sold PPI? Want your money back? use these links to help
hell,
no problem thats what this thread is all about and thanks. Such a good one, I have put the link in the top post, with due credit to you, just in case readers dont follow the thread down.
This fos publication looks at the types of cases that are likely to be successful. Go to page 3 on.
Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.
Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-
re: Mis-sold PPI? Want your money back? use these links to help
further information on GISC,
This document is from the 1 April 2000 to 31 March 2001
This is the result of a google search into GISC It would appear that the fos were responsible for regulating Loan protection.
resolving insurance-related disputes
The insurance division of the Financial Ombudsman Service resolves disputes between consumers and insurance companies about general insurance (for example, motor and household insurance, travel insurance, loan protection and medical expenses policies). The Financial Ombudsman Service carries out this work on behalf of – and under the rules of – the Insurance Ombudsman Bureau (the IOB).
The disputes that the insurance division deals with are general insurance complaints which insurance companies have not been able to resolve themselves. By this stage, the complaints will have been “screened” by our customer contact division, to check that all opportunities to resolve them at an early stage have been pursued. Complaints involving Life Insurance and investments from insurance companies are dealt with by our investment division.
Membership of the IOB is voluntary. As at 31 March 2001 there were 231 members. A full list of members is available from our communications team (phone 020 7964 0092). In practical terms, almost all major UK general insurers are members of the scheme. When the Financial Services and Markets Act 2000 comes into force – expected by November 2001 – the Financial Ombudsman Service will be able to handle insurance-related complaints about all authorised insurance companies in the UK.
The insurance division has 56 staff – including a principal ombudsman (Tony Boorman, who is also the Insurance Ombudsman under the rules of the Insurance Ombudsman Bureau) and three other ombudsmen (Reidy Flynn, Stephen Lilley and Michael Lovegrove).
general insurance regulation
The conduct of general insurance business is regulated by a new organisation, the General Insurance Standards Council (GISC). We have worked closely with GISC during the year to help it develop its rules and, in particular, its new Code for Private Customers. This code will in due course replace the Association of British Insurers’ (ABI) Code as a statement of the obligations of the industry when selling general insurance products. As the membership of GISC grows, the new code will play an important part in our consideration of many disputes.
We also commented on the new ABI Claims Code. This provides for standards to be maintained by firms when handling claims. Particularly welcome was the inclusion of obligations towards third party claimants. In due course it would seem sensible for the Claims Code to come under the scope of GISC.
Plus a few more links which may help claimants from pre FSA times
re: Mis-sold PPI? Want your money back? use these links to help
And a little more it is old but may help folks reclaiming from the time of GISC.
The main problem is finding out if the company you are claiming from were members of GISC and I am still working on that to see if there are any lists.
Rule F42 is threatening to stifle a source of revenue for dealers who make money from selling insurance-related products.
It is being introduced by the General Insurance Standards Council (GISC) whose members include major insurance companies. GISC, an independent organisation, regulates insurance sales and advisory and service standards.
It has announced regulations to prevent its members from dealing with intermediaries that are non members. Rule F42 applies to all insurance-related products, including car policies, payment protection, vehicle replacement and mechanical Breakdown insurance.
Dealers who enjoy strong margins from selling these products will need to submit their applications to GISC before September 1, with all submissions processed by the end of the year.
Chris Wood, training and development manager of Direct Group, which is advising dealers, said all sales staff involved in insurance activities would be subject to checks by GISC assessors to ensure they were suitably qualified, trained or experienced.
“Membership poses a number of challenges,” he said. “Any skills shortfall has to be covered by a minimum level and standard of training.”
Dealers could become an agent, or sub-agent, of a GISC member, saving the membership fee, but that would “tie the dealer to that manufacturer's insurance products – they would not be allowed to sell rival products”, said Mr Wood.
Donald Pinkney, managing director of Motorway Direct, which has a £1bn strategic partnership with RAC Warranty, said: “Insurers would have to take responsibility for the dealers who become agents to sell their products – they are not prepared to take this risk.”
Motorway Direct is planning a series of training courses to educate dealers about the new regulations.
Mr Pinkney feared many of the smaller dealers were unaware of the legislation and its implications. “Insurers will not deal with you unless you are registered. If any dealer is making money out of selling insurance products, they must register with the GISC as soon as possible,” he said.
Membership fees are 0.1% of the income earned from insurance-related products. Mr Wood estimates that a dealer selling 800 cars a month and making £250 from insurance-related products, would pay around £200 a year.
Chris Woodburn, GISC chief executive, urged companies to apply for membership “sooner rather than later”.
He said: “GISC has more than 2,000 members and applications received. I envisage that by January 2002 the majority of organisations with whom business customers and consumers arrange their insurance will be regulated within the framework of a single regulatory body.”
The GISC regulations, developed in conjunction with the Association of British Insurers and British Insurance Brokers Association, are intended to stop misrepresentation when selling insurance by setting minimum standards.
Dealers will be expected to provide full explanation on what each insurance product covers to ensure customers are treated fairly.
GISC chairman Anthony Howland Jackson said: “Implementation of Rule F42 provides the glue which will bind together the industry under one single coherent regulatory regime. This has always been the objective of the GISC board, in line with the Government's wishes.”
Mr Wood said dealers should see GISC as an opportunity to improve penetration of insurance-related products.
“Firstly, it is a chance to generate customer credibility from GISC membership and compliance,” he said.
“Secondly, it is an opportunity to review the insurance sales process and develop a training programme that is not only compliant, but also increases insurance profit.”
However, Rule F42 is believed to be the first wave of the GISC regulations.
A second tier may force dealers to disclose how much they bought the insurance product for, revealing their profit margins, to give consumers full transparency. Further information is available on the GISC website: car insurance UK
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Mis-sold PPI? Want your money back? use these links to help
and this
update on compensation issues on PPI claims. You can seek compensation on claims for mis-sold PPI Please see this link which contains other FOS links which you should also check out.
Reply With Quote
re: Mis-sold PPI? Want your money back? use these links to help
These links will be extremely useful to others, so it may be important to put them in the stickies, for reference in one place for others to find easily. Maybe pm a mod:grin: 
