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.
I’m not sure if this is actually in the correct section as it relates to a debt caused by the refusal of a PPI to pay out. I thought I may get more info in the PPI section, but if I have made a mistake in posting here, could a mod please move to a more appropriate place.
I have/had a PPI policy, underwritten by AXA, which ran along side an Egg credit card. I had made an unemployment claim back in 2003 and had no problems with this.
In late 2006 I had to leave work due to illness, I was suffering with depression and stress brought on by a number of adverse family events.
I made claims on a number of PPI policies, and all but this one paid out. The reason given for not paying out was that there is a condition in the policy that states (and this is not exactly verbatim) “A claim for mental incapacity will not be accepted until it has been diagnosed by, and treatment is being received from a Consultant Psychiatrist.”
I raised a complaint with AXA on the grounds that:
This condition was not in the policy at the time I took it out, and I had never been made aware of this change
Given the nature of the way the NHS functions, and according to the guidelines given by NICE, the treatment for depression/stress etc would normally be handled by your GP with referrals to relevant Mental Health departments. This was what happened in my case, the GP made a referral to the local hospital Department of Physiological Therapies, and I joined a (long) waiting list for treatment. Many other PPI providers had this, or similarly worded conditions in the policy, but once they had confirmation that the GP had made a referral the claim was honoured. My complaint was that the “strict” application of the condition was contrary to the Unfair terms and conditions in Consumer Contract regulations, as it was a none negotiated term that severely disadvantaged one party.
Now, this never got anywhere with AXA, and to be honest whilst I should have followed it up at the time I was in no state health wise to do so. It has resulted in a large debt to Egg, which has since been defaulted and placed with a collections agency.
Now I am recovered and about to return to work, I was wondering if it would be worthwhile perusing a claim/legal action for breach of contract against AXA.
Any advice of information would be greatly appreciated.
If i was u I would also look at the CCA sections if the forum and the charges section as it would seem to me from reading in here that a lot of Creditors whilst demanding the highest of compliance from Debtors are not themselves operating in the most professional manner. And it would seem the creditors are not slow at extracting their pound of flesh from the Debtor, especially as they take advntage of the debtors lgnorance in these matters. So you should make sure that have complied fully and if they have not then, as they say in scotland, get into them!
PPI refused to pay out - grounds for action?
to pay out. I thought I may get more info in the PPI section, but if I have made a mistake in posting here, could a mod please move to a more appropriate place.
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