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.
Woke up this morning to find this on the Daily Mail website. I headed off to the thisismoney website and went through the questionnaire to see if I could claim.
Apparently because I had no idea you could go somewhere else for PPI I could have grounds for a claim. I also had no idea that my PPI only lasted for 5 years. My loan was taken out in April 2005 and was due to end April 2011.
My loan was repaid in full in April as I was sick of paying off money to a loan company.
Also. I keep reading about single premium payments. How do I know if this was how mine was done?
I know from phoning them and asking for a settlement figure that when they gave it to me they would say, "your figure is X amount minus off payment protection left in the loan".
From this I am assuming that there was some kind of pot of PPI that each month when I made a payment they would deduct a little more off the payment protection.
I stuck in a claim based on the following grounds. Do you folks think I have a chance?
I was not informed that stress and back problems were excluded from the insurance. (I resigned from my last job due to stress. It was 6 months before I got back on my feet, although I didn't claim on my PPI I just kept paying my installments) EDIT! (Bugger, I just found the original documentation and it is in there )
I was not asked whether I already had any existing insurance or employer benefits that would cover my repayments. (definitely never asked this)
It was not explained that the PPI would not run for the full course of the loan. (Never told this. I always imagined that I was paying the PPI for the length of the loan and that I was covered up until the end) EDIT (On the original documentaion it states under Duration and Termination that the policy will cover the term of the agreement up to a maximum of 120 months)
When I tried to cancel my insurance the refund I was offered did not represent a fair refund as is requiredder the FSA. (I remember asking one day about cancelling it. From what I was told it sounded pointless to do so.)
Looking at the original agreement that I signed they stated the PPI was £2131.20 plus £414.00 interest!!!
For me, at the very least, they sold it to me without telling me that I could have got my cover elsewhere and they never asked if I had any existing cover
If not, I would suggest the following to ensure you will have all the documentation they say they sent to you. CCA, terms and conditions, Policy documentation and any other data they hold on you as an individual.
Quote: 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.
1. Send them a Data Subject access request with a postal order for £10.00 which is the legal fee by statute. Keep a record of the postal order number. That way there is no cheque which means no signature.
This is the reference from the Data Protection ACT 1998.
Quote:
I am entitled to by Law to request you to provide me with all data which is relevant to me within the terms of the Data Protection Act 1998. Under Section 7 sub section (1) ( c ) ( i ) and (ii) you are required to communicate to me in an intelligible form, the information as requested within the requirements of the Act section 7 (2) (a) and (b), which as the data subject I have met.
The Blue is what they have to provide but be specific and ask for data in all formats, written, computerised/electronic, microfische, tapes, CD, anything you can ask for. Also request fully legible copies that can be produced in a Court of Law as accurate copies of what they hold with regard to the account.
The Red means you have followed the Act by providing the required fee of £10.00.
They have 40 days to provide everything you ask for or they are in breach of the Data Protection Act 1998 and you can then issue a formal complaint to the Information Commissioners Office (Information Commissioners Office) and indeed the Financial Ombudsman Service (fos).
The aim of the game is to get all the information you may be required to present in Court and If there is anything dodgy the Judge will see it.
If they do not provide all you ask for in your SAR then you can complain to the Information Commissioners Office.
You will have the option of asking for repayment of the PPI if they do not reply to your request for repayment within 8 weeks or if they give you a refusal saying this is our final word on the matter then you can...
Submit a complaint to the Financial Ombudsman Service (FOS) if he upholds your complaint then success if he does not uphold your complaint you can then proceed to Court action.
You cannot do it the other way around if you go to Court and lose your case the FOS will not take up a complaint from you.
FOS is probabably the longer way to try to recover your money but at least you can have two attempts doing it this way.
Being like a bull at a gate I sent off my letter without actually finding my original documentation.:o
Reading the paperwork it knackers the following agruments that I put:
1) I was not informed that stress and back problems were excluded from the insurance.
2) It was not explained that the PPI would not run for the full course of the loan.
On point two it says in my notes that the protection runs for 120 months.
However. Despite these downfalls in my agrument I still believe in the following:
1) I wasn't asked if I had any insurance that would cover, be it from an employer or other company
2) I wasn't told that I could buy my cover anywhere else
I believe I may have some kind of case. When you look at the amount of PPI that they were going to charge over the length of the loan it was just over half the amount I originally borrowed!!!
However. Despite these downfalls in my agrument I still believe in the following:
1) I wasn't asked if I had any insurance that would cover, be it from an employer or other company
2) I wasn't told that I could buy my cover anywhere else (this in light of the preliminary findings by Competition Commission could possibly give you a case) see this link... http://www.competition-commission.or.../pdf/18-08.pdf
I believe I may have some kind of case. When you look at the amount of PPI that they were going to charge over the length of the loan it was just over half the amount I originally borrowed!!!
You could start with a request for repayment of your PPI and if they say no, or do not answer within 8 weeks you can submit a complaint to the fos you lose nothing by going to the FOS. They will now be aware of the Competition Commission findings.
Have I got a case?
I could have grounds for a claim. I also had no idea that my PPI only lasted for 5 years. My loan was taken out in April 2005 and was due to end April 2011.
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