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I am trying to submit a claim for PPI over a loan between September 2004 December 2007 but I do not have an address to send me letter to. Can anyone help here please?
A little background fwiw. I applied for a Loan online in September 2004 and ticked the box to not receive PPI, I ended up getting PPI though and when I tried to cancel this a year later in September 2005 I was told I signed a letter they sent to confirm the loan via mail after my original application and on that form was something about PPI which I signed. I argued on the phone at the time that I did not ask for this in my application yet they said they could not find my online application for the loan so they could not help me. They also said they could not cancel my PPI at the time I rang back in September 2005 once I realised I was paying PPI.
Further to a previous post I would like to get a consensus on whether or not I may have a case for reclaiming PPI.
[Backstory]
I applied for a Loan with Lloyds TSB back in September 2005 where I ticked no for PPI on the application form. My loan was approved once I had given all the necessary information required and I was approved.
After the loan was approved I was sent a letter that I was told I needed to sign for the monies to appear in my bank which was signed once I had received it.
Long story short, this letter I was sent actually included some form of PPI which I did not ask or request for but unfortunately I was given it where I knew full well I was never eligable for it in the first place due to going abroad for a year out to travel/work in Canada.
When I returned home and found out about PPI (this being 1 year later after the original loan application was approved) I rang Lloyds to enquire about this and I was told I could only cancel PPI within 30 days of taking out the loan. I said I never requested this on my online application form and after a few minutes of waiting on hold they told me they could not find my application that I made online, therefore they would not help me nor stop the PPI which I also requested they do.
So here we are today and I am trying to claim this back but I am wondering are my reasons strong enough to actually get my money back? Or am I just wasting my time?
I have no knowledge of PPI, but there is a separate forum for this and I will move you there, where you should obtain advice.
I will also merge you other thread in General that has not been responded to and change your title. If you want a different title just post up and I will change.
If I have been helpful please click on my star and add a comment.
It seems to me that you have a very clear case of mis-selling here which you can either take to the fos as a complaint or begin court action. Either way, I think Lloyds would crumble and pay up. You recollect opting out of PPI and they are attempting to fob you off. This is contrary to all FSA guidelines and regulations on the selling of PPI which lenders are required to follow, and the Banking Code.
The first thing to do is send a SAR by first class recorded delivery requesting a true copy of the application form as signed by you, a true copy of the Credit Agreement as signed by you and the Terms & Conditions of the loan including the PPI element. The latter will include any exclusion clauses and may include a clause that allows you to obtain a refund and how much that would be. Even so, they mis-sold and you want your money back!!
Even though you made your application online (which would fall under the term 'non advised' sale, i.e., you didn't have a chat with someone about all the options available to you and whether PPI suited your needs) Lloyds are still obliged to make available to you information that will help you make an informed decision as to whether PPI is appropriate for your needs, any alternative options and the comparative cost of these against what they are offering. This would take the form of a 'Demands and Needs' Statement which outlines your options and allows you to make a choice.
Lloyds appear to have done none of this and the way they have operated seems very sharp practice to me!!! Grrrr
Send the SAR and post up the response from Lloyds, then you can move to the next stage of re-claiming your money.
If would like any help with the letter writing part, please let us know
Thanks for the reply, the information you have given me is very useful and encouraging.
I sent the letter (above) yesterday and I am hoping they will resolve it there and then. To be honest if they rejected my claim I was at a loss on if I should pursue this any further but your post has told me to keep pushing if I need to.
Either way I will post back the reply I receive, if it is negative I will do exactly as you said and continue to post all correspondence.
Again, thanks for taking the time out to give me some advice.
I fully back up paintball on post 7 in your thread.
Time to start to claim your money back (with interest) I would suggest
Paintball is good advisor and you can obtain all the information you need on the PPI forum. Have a good look at the stickies and other threads to gain knowledge on the reclaiming PPI issues. It is new and there have been successes but there is a long way to go.
Bigging up aa here too, always super knowledgeable and supportive ...
cm08, what will happen next is that you'll receive a 'fobbing off' letter from Lloyds rejecting your claim. Then we bring out the big guns (and I'm talking bigger than my own six shooter hun ) in the form of another letter citing all the regulations/guidelines provided by FSA to lenders which they appear to have failed to follow. This letter will give them a relatively short timescale in which to reconsider their position and giving them the opportunity to prove you wrong before you a) escalate a compaint to the fos requesting return of money or b) begin a claim in court.
You need to give Lloyds every opportunity to prove that they have followed regulations and guidelines in selling you PPI before you go to the FOS or to court. Both the FOS and the court will expect to see evidence that this is the case; it also strengthens your own position and clearly demonstrates that you are following correct procedures.
'Fortune favours the brave.'
Any advice given is purely on the basis of my own views and opinions and offered in good faith.
I am claiming PPI from Lloyds for my mum - had a few usual expected replies of not mis-sold blah blah blah,, Got a letter from the insurance department the other day offering 'just' the ppi single premium back! Its good we have managed to claim some back but Im about to request interest charged with the loan and also statutory interest since the loan began!!
Have a look at my thread to see how Ive been getting on!
Just dont give up and keep fighting them!!
Cheers
FBD
Ps. paintball, 'aa' is a he lol!!
Fatboydukey (FBD) = my big fat ginger tom I am of the fairer sex
HSBC - FBD 1st claim Bank charges Jan 07 = success
HSBC - FBD 2nd claim Bank charges June 08 = on hold
Lloyds - mums claim Bank charges June 08 = on hold
Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest
Citi loan PPI - FBD June 08 = WON!!!!
Citi cards - FBD Credit card charges June 08 = ongoing
Skycard - FBD Credit card charges - WON!!!
Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!
Studio - FBD Catalogue charges June 08 = WON!!!!!!
I am claiming PPI from Lloyds for my mum - had a few usual expected replies of not mis-sold blah blah blah,, Got a letter from the insurance department the other day offering 'just' the ppi single premium back! Its good we have managed to claim some back but Im about to request interest charged with the loan and also statutory interest since the loan began!!
Have a look at my thread to see how Ive been getting on!
Just dont give up and keep fighting them!!
Cheers
FBD
Ps. paintball, 'aa' is a he lol!!
Chortle, are you sure about that?
'Fortune favours the brave.'
Any advice given is purely on the basis of my own views and opinions and offered in good faith.
Had the same issue with my name hence why I put in my signature: of the fairer sex lol
FBD x
Fatboydukey (FBD) = my big fat ginger tom I am of the fairer sex
HSBC - FBD 1st claim Bank charges Jan 07 = success
HSBC - FBD 2nd claim Bank charges June 08 = on hold
Lloyds - mums claim Bank charges June 08 = on hold
Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest
Citi loan PPI - FBD June 08 = WON!!!!
Citi cards - FBD Credit card charges June 08 = ongoing
Skycard - FBD Credit card charges - WON!!!
Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!
Studio - FBD Catalogue charges June 08 = WON!!!!!!
Thanks for all the replies of encouragement. I received a letter from Lloyds today confirming receipt that they have received my complaint. At least I know it is being taken seriously.
If they do reject my letter (Which I am half expecting) I can give you my word I will read up on everything suggested here and try to take things further as best prepared as I can.
Although, I dread the idea of having to consider court action (If it came to that).
I havent got a clue what the likelyhood of it going to court is - believe me I would poop it if it came to that for me! However judging by all the helpers on here I am 100% positive that we would have the full support of everybody and they woukld help us the best they can!
Cheers FBD x
ps Paintball - it would be too cruel to leave it in, would it? lol
Fatboydukey (FBD) = my big fat ginger tom I am of the fairer sex
HSBC - FBD 1st claim Bank charges Jan 07 = success
HSBC - FBD 2nd claim Bank charges June 08 = on hold
Lloyds - mums claim Bank charges June 08 = on hold
Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest
Citi loan PPI - FBD June 08 = WON!!!!
Citi cards - FBD Credit card charges June 08 = ongoing
Skycard - FBD Credit card charges - WON!!!
Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!
Studio - FBD Catalogue charges June 08 = WON!!!!!!
Legally, they haven't got a leg to stand on, think about it seriously. If they don't follow industry guidelines and legislation and mis-sell a product to a customer who relies on them to conduct themselves in a professional and lawful manner as a lender, how will they then justify their actions to a judge in a court of law?
You will issue your N1, it will be acknowledged by the Defendant, they may enter a defence if they can get their in-house legal team to drum up some pitiful excuses, and then contact you nearer the hearing date with a Full and final settlement of all you are asking for. Seen it, experienced it sooooooo many times LOL
Right is on the claimant's side so don't feel intimidated by the process of reclaiming what is rightfully yours through a court of law that offers the opportunity to do just that.
PS, FBD the slip is gone so need to mention it again, I don't want to cause any offence to aa.
'Fortune favours the brave.'
Any advice given is purely on the basis of my own views and opinions and offered in good faith.
and dont anyone believe the 'you can only cancel within the first 30 days' lie either. This is your cooling off period in which you will get a full refund of anything you maight have paid. After this you can still cancel but wont get a refund of premiums. If anyone tells you that you can not cancel, just ask them to confim therefore that that would make the insurance compulsory. Ask them to confirm in writing that the cover is compulsory just for fun...
and dont anyone believe the 'you can only cancel within the first 30 days' lie either. This is your cooling off period in which you will get a full refund of anything you maight have paid. After this you can still cancel but wont get a refund of premiums. If anyone tells you that you can not cancel, just ask them to confim therefore that that would make the insurance compulsory. Ask them to confirm in writing that the cover is compulsory just for fun...
from CHF they will try this ploy another way to put you of fighting to reclaim mis-sold PPI.
I cancelled my last PPI got a substantial rebate but still have two complaints lodged with fos, one with the ICO, one with the FSA, one with OFT, one with trading standards, one with British bankers Association.
Patiently awaiting outcome. Claims through Court would be quicker but if you lose your case that is end of game.
I got a reply from the bank earlier in the week and it was quite vague to say the least. It started out by saying they will address each of my specific points as to why I should have a refund yet it when it came to there answers they were not covering my questions at all.
Example. I never signed up for PPI on my online application yet when they sent a form to sign to complete the deal they added it into the contract without my permission or knowledge. There answer to this question was attaching a photocopied page where I signed the document with no reference to my online application.
Can someone advise me on how to proceed with this please?
Do I need to write to my bank requesting a SAR? And would the address I write to for this request be the same as the address i have been using previously?