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.
Did anyone take out a loan in 2004 and have to accept their PPI?
The reason I ask this is because not only was I told I had to take the insurance to get the loan, but I seem to remember that fact being part of the advertising material (maybe wrong though). You know the sort of thing I mean. The heading has something like an asterix after it to indicate that there is some small print.
I know in 2004 I would not have asked for PPI to be added. At that time I was aware that (much cheaper) PPI could be taken out from a diffrent provider, but only recently found out that they were wrong to make it a condition of taking a loan.
I got my CCA recently and couldn't beleive my eyes when I saw the cost of the insurance. It adds nearly 50% to the loan.
Do you still have this rather incriminating piece of evidence? I don't think I've ever come across Halifax or any other lender being as blatant as this in their advertising ...
Even if you don't still have it, I think you should send a SAR to Halifax and get the ball rolling for reclaiming your PPI as from what you say here, it would appear to be a case of mis-selling.
'Fortune favours the brave.'
Any advice given is purely on the basis of my own views and opinions and offered in good faith.
Was anyone else told they could only have the loan if they took out the insurance?
If you read all the threads in this forum you will see the answer is yes in the hundreds. PPI was Mis-sold not only on this issue of you have to take it to get the loan but a multitude of other false information or withheld information. You are not alone and Paintball will be a great helper to you as will others I am sure.
Good Luck
aa
waves to Painty in passing
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.
Waves to aa ... still waiting for you to answer my Q djgordy and would agree with aa that the vast majority of us in this form have been duped into taking out PPI for one reason or another, the most common being coercion on the part of the lender in order to obtain the loan.
'Fortune favours the brave.'
Any advice given is purely on the basis of my own views and opinions and offered in good faith.
Hi folks
I'm afraid this has taken a bit of a back seat for a while. Now I have a few a days off work I need to get my finger out and look about claiming back that hideously expensive and unwanted PPI.
The cash I received was £3200. The insurance was £1195.22 with a charge of £977.02. Making a grand total of £2172.24. Comes to nearly 75% of the lon. Expensive by anyones standard.
With regard to the box I should have ticked to indicate I agree to the PPI. Should that appear on the credit agreement or on the application form?
Paintball, As I said in my OP I may be wrong. It's just that there's something in the back of my mind tells me it was in the small print at the bottom of the poster in their window.
HALIFAX: 13/01/07 Sent S.A.R - (Subject Access Request) letter (marked as rec'd 16/01)
Paid in full in March 07
Hi folks
I'm afraid this has taken a bit of a back seat for a while. Now I have a few a days off work I need to get my finger out and look about claiming back that hideously expensive and unwanted PPI.
The cash I received was £3200. The insurance was £1195.22 with a charge of £977.02. Making a grand total of £2172.24. Comes to nearly 75% of the lon. Expensive by anyones standard.
With regard to the box I should have ticked to indicate I agree to the PPI. Should that appear on the credit agreement or on the application form?
I believe it should be on the credit agreement along with the signatures. I also believe there should be two signatures one for the loan and one for the PPI.
You may just have an unenforceable agreement but I would suggest you seek further advice on this.;-)
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.
Hi aa
Thanks for the quick reply. Was there not some changes to the CCA act recently stating that the agreement they supplied to me does not have to contain a signature as long as they can produce it in court.
If the agreement should have shown my acceptance of the PPI then I probably do have an unenforceable agreement. However it does seem to comply in all other aspects. The legibility of it is the only area that could be called into question.
As I already have the agreement and the statement of account, is it still worthwhile doing Subject access request?
HALIFAX: 13/01/07 Sent S.A.R - (Subject Access Request) letter (marked as rec'd 16/01)
Paid in full in March 07
I believe it should be on the credit agreement along with the signatures. I also believe there should be two signatures one for the loan and one for the PPI.
Hi aa
Thanks for the quick reply. Was there not some changes to the CCA act recently stating that the agreement they supplied to me does not have to contain a signature as long as they can produce it in court. Under a CCA request or SAR they are required to send you a true copy of the agreement but you are correct that it does not have to bear signatures until they are required to produce it in Court.
If the agreement should have shown my acceptance of the PPI then I probably do have an unenforceable agreement. It may be worth your while to pm one of the site team for the legal view on this. However it does seem to comply in all other aspects. The legibility of it is the only area that could be called into question.
As I already have the agreement and the statement of account, is it still worthwhile doing Subject access request? IMO it is always worth firing off a SAR you never know what little bit of data it may turn up to your advantage. Remember you can ask for every piece of information they hold on you as a data subject.
Hope this helps;-)
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.
Hi all,
I also took a loan out with the Halifax in 2004 with PPI, I don't recall there ever being the choice and when I called the Halifax to cancel the PPI soon after the loan had been issued I remember being told that I would have to apply for an additional £1,000 loan if I wanted to cancel? A bit young and naive I thought this might actually be the case! Who was I to argue with the Halifax, if only I knew then what I know now. So at the time I didn't bother following this up but more recently when I attempted to cancel the PPI I was told it had already been paid in full, it is at this point I decided to look for help and discovered news of it on this site. I made a CCA request and it clearly states the following:
'We will divide your monthly payments between the cash loan and the insurance loan in the same proportion as they bear to the loan'
So to me this says that if your cash loan makes up 75% of the loan and the insurance makes up 25% of the loan then that should remain the case to the very last payment?
djgordyp - I will be scanning a copy of my agreement and was hoping someone could look at it, unfortunately it looks to cover all the prescribed information so I think it's enforceable but would like to know if there is anything I could do about the PPI?
Hi just read your post. I'm at work now so haven't got time to comment but will do so when I get home. Good to know I'm not the only one in this situation.
HALIFAX: 13/01/07 Sent S.A.R - (Subject Access Request) letter (marked as rec'd 16/01)
Paid in full in March 07
Yes I believe that is enforceable. Apparently the copy they send you doesn't need to have a signature. However if this were to go to court then they would need to produced the signed copy.
Do you remember signing anything to say you agreed to the PPI. I think someone told me that this should also appear on the credit agreement. I'm not 100% sure about this though
One other thing. Do you rmember anything about the posters or advertising literature for these loans. I thought there was something regarding PPI in the small print. I don't know why I have that feeling because it wouldn't be very sensible on their part.
P.S At least you got a copy of the agreement that you can actually read
HALIFAX: 13/01/07 Sent S.A.R - (Subject Access Request) letter (marked as rec'd 16/01)
Paid in full in March 07
I don't actually remember the advertising but I do remember there being no choice in the PPI, I was told because I had no savings and no assets I 'must' take out insurance. But how on earth am I supposed to prove this? At the end of the day I signed for it so is there any hope?
I was asked in the queue at Halifax if i would like their credit card so i said ok thinking i wouldnt get it as i didnt work,they said i will only get the card if i took out the insurance si i agreed and i got it there and then i just had to wait for the card to be sent!when i got in trouble,did they pay NO cause i wasnt working! Ive just started fighting them now.
Halifax loans in 2004
?
Reply With Quote
Originally Posted by alanalana
