Patricia Pearl - Small Claims Procedure - A Practical Guide


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BAILIFFS - The Law and Your Rights

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  1. #1
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    Default Hooray Halifax success - help checking figures

    Hi

    Had claim with Halifaxicon for misselling PPIicon on a loan from 2003. Received letter today advising that although they still believe we were not missold they are prepared to put us back in the poisition we would have been in had we not taken the insurance as we are valued customers.

    I am really thick when it comes to working out what we are owed with this and hoping someone could take a quick look to see if what they are offering is correct.

    These are the details :-

    Cash loan £4000
    credit for loan £2270.60
    total loan £6270.60
    Insurance loan £1252.31
    credit for insurance £668.77
    total insurance £1921.08

    84 monthly payments £97.52

    Annual percentage 13.9%
    monthly rate 1.094%

    They have offered the following :

    refund of premiums £566.39
    refund of 13.9% £333.41
    interesticon at 8% £273.37
    total £1173.17

    we had this loan for 2 years from april 03 to april 05 and when we settled we had to pay £3848.95.

    I appreciate any help in advance. Still have 2 claims against first plus that have been with the Ombudsmanicon since may and received a letter yesterday to say still awaiting an adjudicator.

    thanks

    Kanecole

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  2. #2
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    Default Re: Hooray Halifax success - help checking figures

    Hello kanecole,

    I would like to ask is this a goodwill gestureicon with no admission of liability?

    You may wish not to answer and that will be fine.
    aa


  3. #3
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    Default Re: Hooray Halifax success - help checking figures

    Well done! In their legal defence against me they deny that there is even such a legal concept as 'mis-sellingicon'.

    Of course, they also tried telling me that part of HBOSicon listed as being part of HBOS on their website and in their annual report was not part of HBOS.

    Chocolates and fireguard? Inflatable and dartboard?

    Bank and credit card reclaims - £9,806
    Sainsburys CCA non-compliance with FOS;
    Natwest reclaim of £340 in progress;
    Egg credit card reclaim in progress



  4. #4
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    Default Re: Hooray Halifax success - help checking figures

    Cash loan £4000
    credit for loan £2270.60
    total loan £6270.60
    Insurance loan £1252.31
    credit for insurance £668.77
    total insurance £1921.08

    84 monthly payments £97.52

    Annual percentage 13.9%
    monthly rate 1.094%

    They have offered the following :

    refund of premiums £566.39
    refund of 13.9% £333.41
    interesticon at 8% £273.37
    total £1173.17
    Looks wrong to me even with the settlement figure taken into account there must have been charges or other fees which you seem to be unaware of maybe you need to do a SARicon or just request copy statements to check their figures they may supply for free if it is regarding a complaint.

    Lloyds TSB (SARS) request sent 9th June 2006
    £2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267
    MBNA SETTLED IN FULL 15/09/2006 £829
    Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006
    GE MONEY SETTLLED IN FULL £400
    Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350
    Welcome Finance PPI 2 accounts one settled £1018 waiting on other
    GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008
    Lloyds TSB PPI CC complaint sent 10/04/2008
    Black Horse PPI with FOS 20/05/2008
    HFC PPI complaint sent 22/05/2008


  5. #5
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    Default Re: Hooray Halifax success - help checking figures

    To Alanalana

    The wording in their letter is this exactly does not say "gesture of goodwillicon" at all.

    "From our review we have found no reason to believe you were not provided with the relevant information at the point of sale to make an informed choice, However, as valued customers we are prepared to put you back in the position you would have been in had you not taken the insurance. This is done without admission of liability and in Full and finalicon settlement of your complaint"

    To adamski

    I already have an SARicon and I have looked through the figures and it shows we received a rebate at the time of settlement of the loan of £685.92 for the insurance

    Kanecole


  6. #6
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    Default Re: Hooray Halifax success - help checking figures

    This does not add up even with the rebate it is still not enough unless I am reading it wrong, are there redemption fees or adminicon charges?

    Lloyds TSB (SARS) request sent 9th June 2006
    £2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267
    MBNA SETTLED IN FULL 15/09/2006 £829
    Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006
    GE MONEY SETTLLED IN FULL £400
    Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350
    Welcome Finance PPI 2 accounts one settled £1018 waiting on other
    GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008
    Lloyds TSB PPI CC complaint sent 10/04/2008
    Black Horse PPI with FOS 20/05/2008
    HFC PPI complaint sent 22/05/2008


  7. #7
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    Default Re: Hooray Halifax success - help checking figures

    hello kanecole,

    To Alanalana

    The wording in their letter is this exactly does not say "gesture of goodwillicon" at all.

    "From our review we have found no reason to believe you were not provided with the relevant information at the point of sale to make an informed choice, However, as valued customers we are prepared to put you back in the position you would have been in had you not taken the insurance. This is done without admission of liability and in Full and finalicon settlement of your complaint"
    This is Halifaxicon saying we were not at fault, it lets them off the hook on the mis-sellingicon, you will possibly have been asked to sign something to that effect.
    It is nice to be offered some money back and it is a bonus if you thought it was money gone forerever. I have just turned down £2.6K because it was a gesture of goodwillicon without admission of liability. It could mean money lost if the fosicon do not uphold my complaint but it is a risk I had to go with as the banks must know they face trouble for them to make these offers. These financial institutions are now seeing more fines being dished out by FSA, Liverpool Victoria are the latest with a £840,000 fine. They are starting to get twitchy so a small offer keeps you happy and them safe.

    The valued customers bit is just another enticement to get you to accept.

    However well done it is money back in your pocket after all, so enjoy;-)

    aa


  8. #8
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    Default Re: Hooray Halifax success - help checking figures

    Hi

    No we never signed anything, and cheque has already come today. It looks very much like it is nearly all of it bar some adminicon charges for settling early so we havent lost out at all.

    Kanecole


  9. #9
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    Default Re: Hooray Halifax success - help checking figures

    hello kanecole,

    congratulations if you're happy that is what matters

    enjoy the moment

    aa


  10. #10
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    Default Re: Hooray Halifax success - help checking figures

    Hi there Kanecole.

    I am just thinking about embarking on my own PPIicon claiming with HBOSicon for a loan taken with BOS in 2004. Can i just ask how long this process took from beginning to end and were they in any way a bit tricky to deal with.

    Thanks Olives xx

    Next Directory £215 NO CCA ***WON***

    Littlewoods Visa*** WON ***

    Littlewoods evenmore£496.47 COURT CHARGES£296.84 PPI £575.52
    Littlewoods LX £0.00 COURTCHARGES £327.68
    Choices for you S.A.R owe £362.02
    Additions Direct £1400 NO CCA

    HUBBY
    Bank of Scotland Prefernce account £296
    Capital One £300CHARGES£1135 TAKING COURT ACTION

    also owe big to
    Bank Of Scotland £10000 sending cca reqest
    British Credit Trust £6000

    Fighting For Family
    MUm,***WON ***Barclays for hardship just need to get the last little bit. Chasing LLOYDS TSB for hardship
    Bro, HBOS PPI mis selling ***WON***

  11. #11
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    Default Re: Hooray Halifax success - help checking figures

    Hi Olives.

    I started the process in February this year and they agreed to refund last week.

    We argued that it was never made clear we didnt require the protection and were never told it was optional or given figures without the protection. Also it was never made clear that the insurance was added as a lump sum and we would not receive a fair and proportionate rebate if we settled early. In addition to this a demands and needs statement was not completed to ascertain its suitability for us and we never required it.

    We had about three refusal letters before the one where they agreed to refund. This last letter was sent after i was sent all my info following an SARicon and I argued with them that there was nothing in there that would support any of their arguments.

    Hope that helps.

    Kanecole


  12. #12
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    Default Re: Hooray Halifax success - help checking figures

    Hello again kanecole,

    in addition to my congratulations post.

    I started the process in February this year and they agreed to refund last week.

    We argued that it was never made clear we didnt require the protection and were never told it was optional or given figures without the protection. Also it was never made clear that the insurance was added as a lump sum and we would not receive a fair and proportionate rebate if we settled early. In addition to this a demands and needs statement was not completed to ascertain its suitability for us and we never required it.

    We had about three refusal letters before the one where they agreed to refund. This last letter was sent after i was sent all my info following an S.A.R - (Subject access requesticon) and I argued with them that there was nothing in there that would support any of their arguments.

    Hope that helps.
    I have an ongoing with RBSicon are you up for hire looking at your early result?

    aa


  13. #13
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    Default Re: Hooray Halifax success - help checking figures

    im thinking i maybe just got lucky on this one. The one I have with First plus is with the fosicon now and like you i turned down an offer of £4k but the difference is that they owe me more in the region of £14k whereas the Halifaxicon have given a full refund.

    Kanecole


  14. #14
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    Default Re: Hooray Halifax success - help checking figures

    Hi Kanecole

    Congratulations with your success

    It looks like I have received the same letter as you, although I am still waiting to see how much they are going to refund. I sent my prelim letter in April and finally received their reply last week.
    This is my thread:

    Halifax Loan PPI

    Penny


  15. #15
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    Default Re: Hooray Halifax success - help checking figures

    Hello kanecole,

    im thinking i maybe just got lucky on this one. The one I have with First plus is with the fosicon now and like you i turned down an offer of £4k but the difference is that they owe me more in the region of £14k whereas the Halifaxicon have given a full refund.
    Not sure if it is luck or certain institutions looking to avoid the FSA fine list which could open the flood gates for more claims.

    I don't believe Halifax have had a fine imposed yet!

    aa


  16. #16
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    Default Re: Hooray Halifax success - help checking figures

    They have offered the following :

    refund of premiums £566.39
    refund of 13.9% £333.41
    interesticon at 8% £273.37
    total £1173.17

    I have had an offer much the same as yours KaneCole, however my argument is the fact that Halifax has chosen to totally forget the actual PPIicon, with no mention of refunding any of that. All they have offered me is the actual premiums that I have paid to date, plus interest etc. I do not think that this is right as all the other banks that I have had refunds from have all given back the PPI and not just the premiums.

    I also asked HBOSicon to send me a Breakdown of what part of the monies htat I was paying monthly was repayment of the Loan, and what part was repayment of the PPI. This was their reply, 'the information that was sent by HBOS did not breakdown what part of the loan was repayment of the insurance as this is unlawful under FSA rules'. IS THEIR ANY TRUTH IN THIS? I am writing a letter to them as I still intend to refer their handling of this to the Ombudsmanicon - as I do not think what thedy are doing is legal, but they have realised that people are willing to take what little they offer and not challenge them (credit crunch and everything else), but I fully intend to take it further.

    Can any legal eagle or sparrow tell me if this thing about the FSA is true?

    Thanks


  17. #17
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    Default Re: Hooray Halifax success - help checking figures

    hello kanecole and demtootief,

    I have had an offer much the same as yours KaneCole, however my argument is the fact that Halifax has chosen to totally forget the actual PPI, with no mention of refunding any of that. All they have offered me is the actual premiums that I have paid to date, plus interesticon etc. I do not think that this is right as all the other banks that I have had refunds from have all given back the PPI and not just the premiums.

    I also asked HBOSicon to send me a Breakdown of what part of the monies htat I was paying monthly was repayment of the Loan, and what part was repayment of the PPI. This was their reply, 'the information that was sent by HBOS did not breakdown what part of the loan was repayment of the insurance as this is unlawful under FSA rules'. IS THEIR ANY TRUTH IN THIS? I am writing a letter to them as I still intend to refer their handling of this to the Ombudsmanicon - as I do not think what thedy are doing is legal, but they have realised that people are willing to take what little they offer and not challenge them (credit crunch and everything else), but I fully intend to take it further.

    Can any legal eagle or sparrow tell me if this thing about the FSA is true?
    The red bit from hbos is IMHO rubbish I would give the FSA a call and clarify.This is the link...Financial Services Authority

    You should be able to find a contact number in here somewhere to ask the question. It seems to me that a lot of financial instututions are taking it upon themselves to make assumptions on what the Financial Ombudsman Services actions will be When they send out their final response letters. I ask how arrogant is that for a financial organisation to presume what a Regulatory Authority will respond with to a claimant.

    THE MIND BOGGLES as to the assumed power these people think they have.

    The reclaim on mis-sold PPI may depend upon which grounds you are claiming.
    In my case of Pre existing medical conditions I am convinced the PPI was mis-sold as the customer care checklist did not include appropriate questions to me on possible exclusions that the PPI would include and therefore prevent me from making any claim. The paperwork I have received so far (and remember I have complaint with ICO for failure to fully disclose the data) under the SARicon backs this up and also every bank statement from 1991 shows a receipt of money every month for WP (War Pension) yet no questions about what that meant. To the bank it was income which would cover the loan repayments including PPI.

    Yours in reclaiming
    aa;-)



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