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.
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My husband took out a loan with the Bank of Scotland while we were seperate and it had PPI on it and when we got back together, i inherited the threats and stuff because my husband refuses to deal with it, I suffer from anxiety and depression and stress and its taken me 2 years to send off a SAR which i knew i had to do but would be physically sick doing, is there anyone that can help? be my mentor in what to do? i know what to do but lately i have been having memory loss too, i have no one to help me in real life, no one cares. can someone guide me please? i know i cant do this on my own the debt is over 40k
Hi Pompom
You have come to the right place. There are plenty of people here to help you. Anything your want to know just ask, somebody will answer your questions sooner or later.
Claiming back money takes a long time so do not be in a hurry. It may take months, sometimes only weeks.
1st very important keep a log of EVERY thing you do, letters sent dates sent, letters received dates received etc what ever it is KEEP a record of it, especially if you suffer memory loss.
KEEP a copy of EVERY letter you write on your PC you may need copies of these later. Also keep and Scan /Copy to your PC every letter you receive.
Do you have a copy of your Application Form?
Do you have a copy of the Payment Protection Insurance Policy Certificate?
Askfor a copy of the Master Policy.
Dont WORRY help is at hand. Best of Luck.
The loan is made up of a 15k loan and with the PPI when we defaulted it was over 41k, it is in my husbands name only which makes things harder but i have used this site to download a SAR which i sent off signed for on delivery, but i think i am also supposed to send off a letter telling them to cancel the insurance policy and refun the premiums or something, the only thing my husband can tell me is that they told him he needed the insurance to take out the loan
HI Pompom
For gods sake Pompom CANCEL the Insurance NOW!!!
A standard S.A.R - (Subject access request) may not get what you want so send them this:
Next Day Recorded Delivery cost you £4.30 and keep receipt.
Please supply me with True a copy of the Original terms and conditions for the Payment Protection Insurance agreement which were applicable at the time I opened this account, for which I enclosed a £1.00 postal order as the statutory fee.
Please supply me with a True copy of the Original Loan Agreement at the time I opened this account, for which I enclose a £1.00 Postal Order being the statutory fee for this request.
These requests are within my rights under your obligation to supply a copy of the agreements under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.78 (1).
I am also aware that you are obliged to supply these documents within 12 days, of receiving this letter & request under S189 of the Consumer Credit Act 1974.
This letter was sent via the Royal Mail's special delivery service & its delivery time & date has been recorded.
Hi Pompom,
First things first DONT PANIC ! as norwich1 says there are lots of great heads on this site and everyone is here to help each other.
Regarding the SAR just wait and see what they come back with before you write to them again.When they do get back to you and you have questions,just ask.
I know its easy to say dont panic but we have all been where you are now(some of us still are ) but the support you will get from all the great people on this site is second to none.
HI Pompom
Me again may I suggest you get in contact with Credit Consumers Counciling Service if you are in debt they can help you Big Time also go to The Citizens Advice Beurue.
the CAB were awful and the woman started lecturing me how she would never take out a loan and they didn't even bother reading the paper, they also told me that the loan amount was too large for them to deal with ... the cccs were so hard to get in touch with that i moved over to payplan recently who were much better to get a hold of however may i mention again that my husband took the loan out while we were seperate, i had no knowledge of what he said or how he got it, he got it on the home address however. i have a copy of the terms and conditions of the loan with the amounts of the insurance on them and his signature is this what you are telling me to get above? i am so sorry but i am getting confused now, but yes i have the paper that tells me how the thing was broken down, so what now? thanks
first: what is the date you took out the loan?
second: do you have the original Consumer Credit Agreement?
third: Do you have a copy of the terms and conditions of the contract?
Fourth: Did you get all the information requested in you SAR?
Fifth: is the PPI listed as a single premium figure on the CCA?
since the ruling by the FSA 2005 you should be able to cancel the PPI and get a refund of the outstanding balance of the PPI and insurance (probably deducted from the outstanding debt)
The next step is to decide ( having checked out all the stickies on misselling whether you have a case to reclaim all the premiums you have paid and the Insurance plus the interest to date) and dont worry here because about 100% of us have a claim for misselling. The Financial Ombudsman is currently upholding 80% of claims in the favour of US.
The Courts I am not sure about - Until I appear in one)
Hi Pompom
If Payplan are a free service stay with them if not:
CCCS
Wade House
Merrion Centre
Leeds
LS2 8NG Tel 0845 272 5400 Fax 0113 297 0100
The CCCS sevice is a Free service
I am claiming on behalf of my wife she had over 20 creditors and destroyed all the statements/application forms/ insurance details/T/cs everything, as she wanted to keep her debts hidden from me.
When I started claiming Penalty Charges back for her I had a huge problem obtaining all the documents but in the end I got all we needed and have 100% success in claiming back all her penalty Charges.
Now we are trying to get PPI on 10 accounts we are having the same problems Getting the Documents. We have been trying scince October and still have not all of them yet , but we will. Do NOT GIVE UP TRYING TO GET YOUR MONEY BACK because that is just what all the banks are trying to make you do. You must keep trying.
My wife can not remember what she said/wrote/ signed for/ who or if she spoke to someone or not.
Answers to your Questions:
You have the terms and conditions of the loan. OK
1. What you need to get is a copy "The Original Application Form for the Loan"
2. The Payment Protection Insurance Policy Certificate
Your PPI may be worded different
Now you need to send away for a copy of your Application and a copy of your PPI Policy Certificate, Then wait.
While you are waiting, look at how to reclaim PPI on this site, read other people Threads and learn as much as you can. If you need to know some thing just ask.
I dont know much about what grounds to claim on I am just stumbling along myself.
Simply Phone them up AS SOON AS POSSIBLE and say you want to cancel the insurance on the loan immediately , but your husband will have to phone them. If he does not want to talk to them he can give his permission for you talk to them over the phone.
Then write to them and tell them you want to cancel the insurance immediately you can do this all your husband has to do is sign it.
I write all my wifes letters she just signs them, she has'nt got a clue what she's signed for.
norwich, payplan even have a free phone number and are MUCH easier to get through to your adviser, i hope we can all help one another, these companies are destroying lives and shouldnt get away with it
thanks for the help guys, with this memory loss which i am sure is because of being stressed and under pressure for so long i cant remember stuff and forget really easily, its like you can tell me something and the next second i will forget you have told me or even spoke to me so please bear with me as i get confused easily, thanks so much for the help so far, it means so much to me
Hi Pompom
I dont know if there is a template letter.
just put something like :
Please terminate my Payment Protection Insurance relating to my account mumber XXXXXX with your company/ bank XXXXXX forthwith.
I am on a dmp with XXXXXX and can only afford XXXXXXX per month (what you are paying on your DPM)
I had a loan with Argos and sent them a brief letter like that.
My insurance was divided into 12 equal payments But, to cancel my Insurancethey wanted to close my orignal loan and then wanted me to take to take out a NEW loan with repayments of £81.00 per month.
I was on a dmp and have lots of Creditors to repay and could No Way pay them the £81.00 pm.
So I did not cancel the Insurance.
When I reclaimed PPI from them (successfully) during negotiations they informed me that if I had agreed to take out a NEW loan, that as I was a paying them through the DMP I would have only had to pay them the £6.41 pm that they had agreed to with the CCCS
They did not tell me this at the time. So before you (your Husband) signs a New agreement, get confirmation that you will not have to pay more than what you are paying them through your DPM
If they had told me this at the time I would have taken out a new loan to stop the insurance premiums.
Rest assured Pompom there are a lot of very knowlegible people here to help people like you and I.