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Have just been scanning over a cca I have with GE Woodchester after agreeing to lower payments as things have gone belly up this year for us. To my shock & horror I found that I have been paying £43 a month PPI for the past 34 months (ppi box on the cca is printed a 'tick' and not by hand and I, for the life of me cannot agreeing to this as I am classed as self employed and wouldn't (and am not) covered for unemployment as I subcontract to several customers so would not become 'fully unemployed'.
Would this be classed as being mis-sold a ppi policy for which I can claim back payments made?
Have just been scanning over a cca I have with GE Woodchester after agreeing to lower payments as things have gone belly up this year for us. To my shock & horror I found that I have been paying £43 a month PPI for the past 34 months (ppi box on the cca is printed a 'tick' and not by hand and I, for the life of me cannot agreeing to this as I am classed as self employed and wouldn't (and am not) covered for unemployment as I subcontract to several customers so would not become 'fully unemployed'.
Would this be classed as being mis-sold a ppi policy for which I can claim back payments made?
Thanks in advance.
I would say you have a case to complain for Mis-sold PPI however you will need to send off a Subject access request to GE with a statutory fee of £10.00. Postal order will be fine but keep the counterfoil. make a note of the date sent and send it recorded delivery. Keep an eye on it through Royal Mail track and trace to ensure you have proof of delivery..
Here are a few links from the links in stickies to get your started.
Alanalana, Thanks for the reply, after checking the 'Which' link I am sending off a copy of the sample letter, asking for refund of premiums paid (about £2,000 + interest) as I was clearly mis sold the PPI, well fingers crossed.
Alanalana, Thanks for the reply, after checking the 'Which' link I am sending off a copy of the sample letter, asking for refund of premiums paid (about £2,000 + interest) as I was clearly mis sold the PPI, well fingers crossed.
Good luck to you and keep us posted:grin:
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
Major development, while waiting for my cca/S.A.R - (Subject access request) to come through I did a search for the paperwork that I have.
What a beauty - the loan was arranged over the phone inc. bank DD, they sent me the paperwork to sign and return - I found the paperwork today all three copies of the agreement their orginal, 2nd copy and my copy all of which are unsigned and undated by them or me - must have forgot to send it back to them and was never reminded.
Major development, while waiting for my cca/S.A.R - (Subject access request) to come through I did a search for the paperwork that I have.
What a beauty - the loan was arranged over the phone inc. bank DD, they sent me the paperwork to sign and return - I found the paperwork today all three copies of the agreement their orginal, 2nd copy and my copy all of which are unsigned and undated by them or me - must have forgot to send it back to them and was never reminded.
OH HECK - WHAT TO DO NOW? Get your money back
Send a letter asking them to provide you with a true copy of the CCA as signed by you. You will need to cite sections 77/78 of the Consumer Credit Agreement 1974 to see what they come up with and you will need to send a £1.00 Satutory fee to get this information. They then have 14 days to produce a true copy of the document to you if they fail you can put the whole agreement into dispute and stop paying them. If they then fail to produce the document within 30 days they are breaking the law so they then cannot insist on payments or insist on a Court ruling to enforce any payments. I do not have immediately to hand all the legal stuff on this but it is available if you ask. Some banana will post up the relevant Statutes for you.
There won't be a 'true signed copy of the cca', as I mentioned I found all three copies which were sent to me for signing but got put to one side and never signed and returned to them, also found last night was a letter welcoming me to GE and my 'copy' of the cca - again unsigned by either me or them, received about ten days after the loan started.
As the agreement was never signed, by both parties, does this make reclaiming PPI stronger or weaker?
There won't be a 'true signed copy of the cca', as I mentioned I found all three copies which were sent to me for signing but got put to one side and never signed and returned to them, also found last night was a letter welcoming me to GE and my 'copy' of the cca - again unsigned by either me or them, received about ten days after the loan started.
As the agreement was never signed, by both parties, does this make reclaiming PPI stronger or weaker?
If they cannot produce a signed copy then I believe the loan can be disputed. I would ask for further advice on this though.
If your copy of the agreement shows PPI as single premium with interest added but you did not accept it or sign for it then you can claim it back.
I assume you are still making payments?
I would definately ask them to refund your PPI premiums plus the interest.
Yes I have a payment plan with them at the moment due to change in circumstances.
If I can get the PPI refunded it'll reduce the balance to about £2k (excluding any interest that I can claw back - not sure on how to work out loss of interest on the ppi payments).
Just been promised brekkie at Tescos so away from PC now.
Good luck Beachcomber. Tis lot think they can do and say what they want. I have my own thread but I'm currently at the stage where I'm sending details of the wifes store card off to the fos. I need to see what their take is on the fact that they I have a CCA that indicate no PPI yet they have been taking it. Not to sure that the FOS will agree with the 'it was aked for on the phone but we have no record of it' that they are trying to palm me off with.
Have found out that the insurance cover on this agreement is Credit Protection Insurance not PPI (is this the same?) Yes For CPI read PPI.
Also premiums are added monthly, no mention any where about single premium being added, does this change things regarding claiming back premiums paid. Unable to answer this without a preview of your CCA? Can you scan cut out the personal bits in paintshop ie names addressess account numbers sort codes etc and stick it into photobucket so we can have a look. I ask this because although the premiums may be payable monthly it may not necessarily mean they are added monthly. If you have a single premium it is added on to the cost of the loan and then interest is added but you will pay a monthly figure depending upon the period of the loan ie 24 months 60 months etc.
As always, thanks
Hope this is of use
aa
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
If you use the search facility - centre top of page - you will fnd there are plenty of threads concerning CCA requests.
Essentially, this is where you pay, as I recall, £1 for the loan provider to supply you with a copy of your credit agreement. If they are unable to do so or if the credit agreement fails to meet the legal requirements - one of which is that it is signed by both parties - then it is unenforceable.
If that's the case then it won't just reduce he balance to 2k, it will leave GE with little or no option but to write it off. At the same time, it should strengthen your claim for the mis-sold PPI, and interest, you have already paid.
I don't profess to be an expert on this but, I'm fairly certain, if you pursue this with someone who is they will tell you much the same.
Good luck!
Fred_Funk
NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08
Posted cca for AA to have a scanny over it, unable to see if PPI was added in lump sum or premiums are just added monthly.
take your point re CCA, as posted above, I have all three copies 1) Original, 2) Lenders 2nd copy & 3) Customers copy which weresent for signing however they were put to one said and forgot about, never received any reminder to send them back.
Are you saying its possible to have it written off AND reclaim PPI?