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.

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

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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.

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Thread: Kays grrrrrr

  1. #1
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    boston3603 Novitiate

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    Thumbs down Kays grrrrrr

    I have recently applied for a refund of account cover which I never took out. They are saying I agreed to it over the phone on or before january 05 but they have no date or proof ( because I didnt take it out). GRRRR. THEY OWE £800.00
    They say I cannot complain to the OFT because my payments started before a certain date.
    They say as it was done over the phone, there is no paper work. Christsake.
    Is there anyone I can complain to before taking it to small claims court? Complaints commissioner. fosicon? Or go straight to court.
    Are there templates? Sorry to be a div. I am sooo angry I cant think properly.
    Many thanks for your time and any support or advice will be most welcome.


    Hazel

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  2. #2
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    Default Re: Kays grrrrrr

    I would write a letter to the Financial Ombudsmanicon, or fill in the ombudsman online complaint form here:

    our complaints procedure and how to complain

    Print this off and send to them. You haven't signed anything to do with this insurance, so you have a claim against them for it.

    This seems to be quite common lately where people sign for a loan or HP, and PPIicon is added on without your knowledge, or in terms where people need a solicitor to decypher it all.

    I will move your thread over to the PPI section where you will get more help.


  3. #3
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    Default Re: Kays grrrrrr

    OOOOH thank you for your eply. Now I can go out with my little boy without this playing on my mind. I will do as you have suggested and will get back a little later. Many thanks again. What would I do without this forum.

    Hazel
    x


  4. #4
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    Default Re: Kays grrrrrr

    You will find that the Ombudsmanicon make the banks pay up on PPI claims in most cases, but not all. Yours should be quite straight forward, no signatureicon, no paperwork at all to do with this insurance.

    The ombudsman are a little slow in response, so expect a 6 week delay in them getting back to you.

    Now go and enjoy your day. . .


  5. #5
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    Default Re: Kays grrrrrr

    Hi all. Hope you are well.

    An update on miss sold PPIicon with Kays.

    Got letter back on 16 Sept from shopping direct financial services stating that this policy had been sold to me over the phone december 2004 and payments began 01 2005. This was their Full and finalicon response, other than telling me I cant complain to the fosicon as they are not regulated by them.....funny that...because all my statements dating back to 2001 state THEY were and my last statement says they still are. :grin:
    i wrote to fos to complain anyway, without tellings Kays I was doing this, (THANX FOR ADVICE!!) and I can only assume they have contacted Kays as today I have a letter from Kays saying they "believed" I was correctly sold PPI (at my request) of course. GRRRRR. They ask me to prove I was incapacitated at the time PPI was "bought", GGRRRR. They have now been sent not only my tax credits entitlement covering this period but my certificate of incapacity from 2002 to date.
    All of this will be sent to fos also.

    One question though.
    How long should I leave it? Presumably I will here from fos? If not I will take them to court without warning as this has been going on since March.

    With regards

    Hazel


  6. #6
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    Default Re: Kays grrrrrr

    Quote Originally Posted by boston3603 View Post
    Hi all. Hope you are well.

    An update on miss sold PPIicon with Kays.

    Got letter back on 16 Sept from shopping direct financial services stating that this policy had been sold to me over the phone december 2004 and payments began 01 2005. This was their Full and finalicon response, other than telling me I cant complain to the fosicon as they are not regulated by them.....funny that...because all my statements dating back to 2001 state THEY were and my last statement says they still are. :grin:
    i wrote to fos to complain anyway, without tellings Kays I was doing this, (THANX FOR ADVICE!!) and I can only assume they have contacted Kays as today I have a letter from Kays saying they "believed" I was correctly sold PPI (at my request) of course. GRRRRR. They ask me to prove I was incapacitated at the time PPI was "bought", GGRRRR. They have now been sent not only my tax credits entitlement covering this period but my certificate of incapacity from 2002 to date.
    All of this will be sent to fos also.

    One question though.
    How long should I leave it? Presumably I will here from fos? If not I will take them to court without warning as this has been going on since March.

    With regards

    Hazel
    Hello Hazel,

    This all looks good for you:grin: I would be of a mind to stick with the fos, they will do a good job for you, unfortunately it does take time, but likewise so will the court.

    The court route will cost you money upfront, and you should only consider this route, if the fos does not rule in your favour, which I doubt very much.

    Just be a little more patient and ensure when they return the ppi payments and the interesticon they charged you monthly, to ask for contractual interest from the dates they took the payments to the date they pay up. It is monies they should not have taken and you want compensated

    Do you have the figures?????

    Oh and on another note report them to the OFT and the FSA anyway. They are conducting investigation into the mis-selling of ppi

    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

  7. #7
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    Default Re: Kays grrrrrr

    Hi and thanks for your reply. I dont know how to work out the interesticon, so far, I have only quoted the total, stating "without interest".
    Dates and amounts are as follows-

    2/2/05 @20.24
    2/3/05@19.55
    30/3/05@17.92
    27/04/05@17.37
    25/5/05@16.42
    22/6/05@15.48
    20/7/04/@18.65
    17/8/05@17.72
    14/9/05@17.65
    12/10/05@23.69
    9/11/05@23.51
    7/12/05@22.86
    4/1/06@22.23
    1/2/06@21.42
    1/3/06@11.19
    29/03/06@11.41
    26/4/06@11.64
    24/5/06@11.19
    24/6/06@11.00
    22/7/06@10.62
    19/8/06@21.26
    16/9/06@22.43
    14/10/06@29.07
    11/11/06@31.55
    9/12/06@32.13
    6/1/07@30.13
    3/2/07@27.84
    3/3/07@25.54
    29/04/07@22.32
    26/05/07@23.43
    23/06/07@21.03
    23/07/07@22.22
    20/08/07@21.31
    15/09/07@20.92
    13/10/07@20.16
    10/11/07@23.24
    8/12/07@29.05
    5/01/08@25.15
    2/2/08@23.31

    PHEW.

    Could someone please help me with this or point me in the right direction of a calculator which will do it for me. What percentage interest are we talking here? What is contractual interest? As I have sent the letters off. is it too late to request the interest if I do the calculations now and post off??

    Many regards

    Hazel


  8. #8
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    Default Re: Kays grrrrrr

    Hi
    Could anyone please xplain what contractual interesticon is? And what rate it is?

    Many thanks

    Hazel


  9. #9
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    Default Re: Kays grrrrrr

    Hello Hazel

    Here is a link to spreadsheets to work out your calculations, I would personally use the advanced word or advanced excel, as you can change the interesticon rate.

    If you need help shout.

    The contractual interest if the rate of interest that they charged you on your account, ie monthly rate(multipy this by 12 to get the yearly rate) or the yearly rate. You should find this on your statements

    Hope this helps

    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

  10. #10
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    Default Re: Kays grrrrrr

    After sending in info as proof of being incapacitated before during and to date of the PPIicon payments being taken, kays have admitted I was mis sold ppi. BUT they say as I did not respond to to their additional information sheet within fourteen days, they assume there is no further medical evidence to back up my claim. I did RESPOND TO IT THOUGH , THE DAY AFTER AND i SENT COPIES OF ALL CORRESPONDENCE TO THE fosicon WHO INFORMED ME THEY HAD REC IT.
    AM i going to get the 800 pounds back? Do I send this letter to the fos now as it confirms I was missold? AARRRGGGGGHHHHHHHH


  11. #11
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    Default Re: Kays grrrrrr

    Yes, send this letter on to the fosicon. Did you send the letter to Kays recorded delivery?
    And did you send the same information to the FOS that you sent to Kays?



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE