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.
Complaint and request for return of Payment Protection Insurance payments Re: Account************************* **
Dear Sir or Madam
I believe that I have been mis-sold Payment Protection Insurance (PPI) taken out on the above named store card account, by your organisation. At no time was I asked any questions as to exclusions within the policy which would apply to myself, indeed it was stated by your salesperson that the PPI was compulsory. As I am now aware, you are not allowed to make purchase of PPI a condition of supplying a store card or any kind of finance.
It was not explained to me at any time that there were exclusions within this policy that would apply to me and make me unable to claim. It was also not explained to me that similar or better insurance cover for this card could be bought elsewhere at a much more competitive rate. My personal circumstances were not questioned at any time during this card application and I was not asked if I had insurance cover elsewhere which would cover this card. The PPI was never explained to me at all; in fact I have never received any policy or terms and conditions regarding this policy. It has only become apparent to me after the recent coverage by the media and following the recent OFT and FSA investigations regarding the mis-selling of PPI by banks and finance companies. This is when I requested the Subject access request. Regarding the card with the PPI applied, I believe I that I have been gravely mis-led and have been mis-sold this expensive insurance that I did not need or want. At the time of this application I was in full-time employment with no risk of redundancy, a fully paid salary for 6months of sickness, had a generous life insurance and critical illness insurance policies.
I request the return of £453.26p within 14 days of receipt of this letter by you. I enclose a spreadsheet outlining all charges made and dates incurred. I have charged you the same APR as is stated on the original finance agreement reflecting the principal of mutuality and reciprocity. If you do not comply with my request, I will have no option but to refer my complaint to the Financial Ombudsman Service (fos) in the first instance after which I will have no recourse but to commence court action at which time the 8% statutory interest allowed by the courts will also be added to the total due. I should remind you that the FOS take the issue of mis-selling of PPI extremely seriously and in many cases, have imposed large fines on financial institutions who are in breach of regulations.
Yours sincerely
Received this reply today;
I have all the documentation as I SARred them before I sent off the initial letter above. The application form is not in my handwriting - the only thing that is mine on the form is my signature. I can remember this being filled in by one of the girls on the counter in my local Argos when I purchased something a couple of years ago. There was no explanation made of the PPI or any of the exclusions which would apply to me as I have a mental health problem. I did not, as is stated in their letter above, receive any documentation when the application was processed, I just got a card and the terms/conditions of using the card. In the SAR documentation I have there is also no mention or sign of any documentation relating to PPI.
I am not an expert in law, finance or any related field, I just read a lot. Any advice is based solely on what I've read so please don't take it as gospel without checking it out yourself.
I prefer not to give advice by PM. If you want me to look at something, send me a link to your thread, and if I can help I'll reply on there.
Complaint and request for return of Payment Protection Insurance payments Re: Account************************* **
Dear Sir or Madam
I believe that I have been mis-sold Payment Protection Insurance (PPI) taken out on the above named store card account, by your organisation. At no time was I asked any questions as to exclusions within the policy which would apply to myself, indeed it was stated by your salesperson that the PPI was compulsory. As I am now aware, you are not allowed to make purchase of PPI a condition of supplying a store card or any kind of finance.
It was not explained to me at any time that there were exclusions within this policy that would apply to me and make me unable to claim. It was also not explained to me that similar or better insurance cover for this card could be bought elsewhere at a much more competitive rate. My personal circumstances were not questioned at any time during this card application and I was not asked if I had insurance cover elsewhere which would cover this card. The PPI was never explained to me at all; in fact I have never received any policy or terms and conditions regarding this policy. It has only become apparent to me after the recent coverage by the media and following the recent OFT and FSA investigations regarding the mis-selling of PPI by banks and finance companies. This is when I requested the Subject access request. Regarding the card with the PPI applied, I believe I that I have been gravely mis-led and have been mis-sold this expensive insurance that I did not need or want. At the time of this application I was in full-time employment with no risk of redundancy, a fully paid salary for 6months of sickness, had a generous life insurance and critical illness insurance policies.
I request the return of £453.26p within 14 days of receipt of this letter by you. I enclose a spreadsheet outlining all charges made and dates incurred. I have charged you the same APR as is stated on the original finance agreement reflecting the principal of mutuality and reciprocity. If you do not comply with my request, I will have no option but to refer my complaint to the Financial Ombudsman Service (fos) in the first instance after which I will have no recourse but to commence court action at which time the 8% statutory interest allowed by the courts will also be added to the total due. I should remind you that the FOS take the issue of mis-selling of PPI extremely seriously and in many cases, have imposed large fines on financial institutions who are in breach of regulations.
Yours sincerely
Received this reply today;
I have all the documentation as I SARred them before I sent off the initial letter above. The application form is not in my handwriting - the only thing that is mine on the form is my signature. I can remember this being filled in by one of the girls on the counter in my local Argos when I purchased something a couple of years ago. There was no explanation made of the PPI or any of the exclusions which would apply to me as I have a mental health problem. I did not, as is stated in their letter above, receive any documentation when the application was processed, I just got a card and the terms/conditions of using the card. In the SAR documentation I have there is also no mention or sign of any documentation relating to PPI.
So what are you going to do now, send them your lba
Keep at them
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW