Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
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  1. #1
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    Default First Plus/Norton Finance PPI - confused -help needed please

    Dear all,

    Having received my SARicon documentation from First Plus I feel that we have a case for misselling but desperately need advice. This posting is going to be somewhat lengthy as I am totally confused (exasperated by dyslexia and dyscalcula) with regard to how much we should be claiming back.

    After being referred by Norton Finace to First Plus in November 2004 we took out a loan for £50,000 and from the paperwork it seems we clearly opted for PPIicon of £12,245.00 making a total of £62245.00. Neither my husband or I remember having any specific conversations with First Plus or Norton Finance regarding PPI. We have credit agreement where the box has been pre-ticked saying 'you have opted for the PPI. The agreement was for £458.04 over 300 months at 7.7% APR. The credit agreement doesn't give a break down as to what percentage of the repayment is for the loan.
    The tape recording provided as part of the SARicon doesn't contain any information regarding the original loan application - the first recordings are for the security telephone callsicon from FP prior to them paying out the loan - this does include them giving us information abou the PPI but not how much it costs or that we could get cover elsewhere. My husband was told that the insurance booklet sent would explain details of 'what you are and what you are not covered for' but other than that there was no further information given.

    In April 2006 following a 'marketing letter solicitoring you for a further advance'(their words during telephone conversation) with the carrott of better interesticon rate we foolishly took out a further advance of £5,000 as we were told it would only be possible if we took out a minimum further advance. When I questioned whether we needed to take out PPI again we were told that if we took out PPI again our redemption figure would be only be £52,232 and if we didn't take PPI we would get a redemption figure of £60,000 - £8,000 difference - can anyone explain why?

    Anyway naievely enough we took PPI again. The loan this time being £71,581.75 (£57,500 loan and £14,081.75 PPI). The repayments at that time were £424.02 for the loan and £103.85 for the PPI - 300 months initial interest at 7.7% - they could only match the APR not better it!

    We have continued to pay, at various interest rates, to date. I haven't cancelled the PPI yet as I am somewhat confused that if we don't win any case we would then loose out on the 5 year lump sum - don'w want to burnall our bridges.

    Stupidly, for both loans, we believed that as we could claim back the insurance premium after 5 years that we only paid the extra premium for that period. I even have a PPI document that states:

    PPI Start date 10/04/06 - Term of Loan - 60 months.

    I feel strongly that we have a case for misselling but really don't know where to start with the calculations - do I need to take out a SAR with Norton Finance as well as First Plus.

    Becuase of my 'disability' I am considering going to one of the specialist companies that deal with sort of thing but before then any help would be greatfully recieved.

    Many thanks

    Karen

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  2. #2
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    Default Re: First Plus/Norton Finance PPI - confused -help needed please

    Hello Karen

    What a rotten shower they are ... I'm seething on your behalf .

    Anyway, assuming that the PPIicon was added to the loan as a Single Premium, you might like to take a look at Bog's interesticon calculator as a starting point:
    Download PPI Calculator HERE (Single Premium PPI)

    Reading what you have written about the original loan, and the limited information provided in the taped conversations from First Plus, it would seem as if they have something to hide, i.e., that you were not offered all the information required to help you make an informed choice as to whether the PPI suited you and what your options were. The FSA regulates such 'conversations' and guidelines exist, however, they don't seem to be followed in my experience.

    It would also be useful if you had the terms and conditionsicon for the PPI part of the loan; these should have been included in the SARicon information provided. These should include exclusion clauses for claiming.

    For the top-up loan, the higher redemption figure excluding PPI just doesn't make sense!!

    You could send another letter giving First Plus the opportunity to provide the missing tape info and your T&C's for the PPI. Then, if you were to start a claim against them (via the fosicon) you can demonstrate that you have given First Plus every opportunity to provide all the relevant info and to demonstrate that they have done everything right ...


    ... I don't think they have and that you have a very clear case of mis-selling.

    I'm at work at the moment, but when I get home tonight I'll dig out some more stuff for you on the FSA's guidelines for selling PPI and post it up.


    Hope this helps as a starting point


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    Default Re: First Plus/Norton Finance PPI - confused -help needed please

    Thanks for the reply - have tried working out the figures with the spreadsheet but either I am being very thick or it doesn't work completely with my system. If anyone can help with working out the figures I would be eternally grateful and will then embark on what would appear to be a very long road on addressing the situation with First Plus.

    One further question - as Norton Finance were the company who initially referred us to FP do I need to do a SARicon with them too - there is nothing on the SARicon tapes from FP to indicate that our custome was referred to them by Norton Finance - and indeed no mention of our initial application on tape or in writing.

    Many thanks

    Karen


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    Default Re: First Plus/Norton Finance PPI - confused -help needed please

    Quote Originally Posted by karen101 View Post
    Dear all,

    Having received my S.A.R - (Subject access requesticon) documentation from First Plus I feel that we have a case for misselling but desperately need advice. This posting is going to be somewhat lengthy as I am totally confused(exasperated by dyslexia and dyscalcula) with regard to how much we should be claiming back.

    Was this a pre exsiting medical condition? I know about dyslexia but not sure about dyscalcula

    After being referred by Norton Finace to First Plus in November 2004 we took out a loan for £50,000 and from the paperwork it seems we clearly opted for PPIicon of £12,245.00 making a total of £62245.00. Neither my husband or I remember having any specific conversations with First Plus or Norton Finance regarding PPI. We have credit agreement where the box has been pre-ticked saying 'you have opted for the PPI. The agreement was for £458.04 over 300 months at 7.7% APR. The credit agreement doesn't give a break down as to what percentage of the repayment is for the loan.

    Is it clear on the credit agreement that the PPi is optional i.e. is there an explaination that it is optional or is there a no box you can tick (can you scan and post your credit agreement? The box being pre ticked is good, also is the total amount of PPI on the agreement? and is it seprate from the loan ?




    The tape recording provided as part of the S.A.R - (Subject access requesticon) doesn't contain any information regarding the original loan application - the first recordings are for the security telephone callsicon from FP prior to them paying out the loan - this does include them giving us information abou the PPI but not how much it costs or that we could get cover elsewhere. My husband was told that the insurance booklet sent would explain details of 'what you are and what you are not covered for' but other than that there was no further information given.

    If you have a pre exsiting medical condition did they ask, did they ask about wether you had other insurance, did they aqsk if you were employed and if your employer provided you with sickness benefits death benefits etc. To rely on evidence that is sent by post does not cut the mustard and could be argued in a court as overreliance

    In April 2006 following a 'marketing letter solicitoring you for a further advance'(their words during telephone conversation) with the carrott of better interesticon rate we foolishly took out a further advance of £5,000 as we were told it would only be possible if we took out a minimum further advance. When I questioned whether we needed to take out PPI again we were told that if we took out PPI again our redemption figure would be only be £52,232 and if we didn't take PPI we would get a redemption figure of £60,000 - £8,000 difference - can anyone explain why?

    Sounds like they would refund the PPI if you paid the loan of early.

    Anyway naievely enough we took PPI again. The loan this time being £71,581.75 (£57,500 loan and £14,081.75 PPI). The repayments at that time were £424.02 for the loan and £103.85 for the PPI - 300 months initial interest at 7.7% - they could only match the APR not better it!

    We have continued to pay, at various interest rates, to date. I haven't cancelled the PPI yet as I am somewhat confused that if we don't win any case we would then loose out on the 5 year lump sum - don'w want to burnall our bridges.

    5 year lump sum whats that then?

    Stupidly, for both loans, we believed that as we could claim back the insurance premium after 5 years that we only paid the extra premium for that period. I even have a PPI document that states:

    PPI Start date 10/04/06 - Term of Loan - 60 months.

    I feel strongly that we have a case for misselling but really don't know where to start with the calculations - do I need to take out a S.A.R - (Subject Access Request) with Norton Finance as well as First Plus.

    Becuase of my 'disability' I am considering going to one of the specialist companies that deal with sort of thing but before then any help would be greatfully recieved.

    Many thanks

    Karen
    I have a feeling you have a good case.

    There is a tempate letter you could use to start your reclaim if you want it I have a good one that maybe of some use to you.

    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: First Plus/Norton Finance PPI - confused -help needed please

    Sounds like a very good case to me too.

    All the best, and go get your money back hunni.

    Help is always on hand here with these amazing helpful lot.

    Di.
    x



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