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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Last Will and Testament Kit


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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  1. #1
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    Exclamation Cancelling PPI - must they do it?

    Struggling to find something wrong with my flatmate's credit agreement for ltsbicon credit card (see my notes passim ad nauseam on subject if nothing better to do), I have decided to tackle the PPIicon thing.

    I read somewhere that LTSB require the entire agreement to be cancelled if you want to cancel PPI - they will not agree to do it separately.

    Is this true and is it legal? I personally do not see how, but it does come from a respected (if not necessarily accurate) source.

    The PPI box was ticked by him on the upgrade application form. But I do not recall seeing anything that he is tied in for the life of the credit agreement.

    Similar Threads:


  2. #2
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    Default Re: Cancelling PPI - must they do it?

    Hi, Gyzmo.

    Do you want this shifted to the PPIicon Forum ?

    Regards.

    Scott.

    Any advice I give is honest and in good faith.
    If in doubt, you should seek the opinion of a Qualified Professional.

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  3. #3
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    Default Re: Cancelling PPI - must they do it?

    Oooh I didn't even know there was one! Yes please!



  4. #4
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    Default Re: Cancelling PPI - must they do it?

    Thread Moved

    Any advice I give is honest and in good faith.
    If in doubt, you should seek the opinion of a Qualified Professional.

    If you can, please donate to this site.
    Help keep it up and active, helping people like you.


    If you no longer require help, please do what you can to help others

  5. #5
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    Default Re: Cancelling PPI - must they do it?

    Hello gyzmo,

    Struggling to find something wrong with my flatmate's credit agreement for ltsbicon credit card (see my notes passim ad nauseam on subject if nothing better to do), I have decided to tackle the PPIicon thing.

    I read somewhere that LTSB require the entire agreement to be cancelled if you want to cancel PPI - they will not agree to do it separately. (Cannot speak for LTSB whoever they are? I cancelled mine with RBSicon on a unsecured personal loan when I found out about mis-selling and they did not require me to cancel the agreement and start a new one. However reading some other threads it appears that some companies are trying this as a way to recoup losses from the PPI rebate. i.e. New agreement new higher APR.)

    Is this true and is it legal? ( Personally I would question the legallity especially as a Consumer Credit Agreement normally requires two signatures, one for the Loan and one for the PPI so I would say the two are not bound together) I personally do not see how, but it does come from a respected (if not necessarily accurate) source.

    The PPI box was ticked by him on the upgrade application form. But I do not recall seeing anything that he is tied in for the life of the credit agreement.(IMO it is highly unlikely that the PPI would have covered the life of the Loan most PPI policies would only cover 5 years and within that only one 12 month period of sickness and does not always cover all sickness and unemployment eventualities. The interesticon that would be added to the PPI however you would be paying for the life of the Loan).
    I would suggest starting with a Subject access requesticon (Statutory fee is £10.00) Gather in all the data you can go through it all with a fine tooth comb. Decide on your reasons for claiming mis-selling and take it from there.

    If you check out the stickies at the top of the page and read a few threads you will soon find you feet and also get help along the way.;-)

    Hope this gets you started.

    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

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    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.

  6. #6
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    Default Re: Cancelling PPI - must they do it?

    Thanks. The problem is though is that my flatmate actually ticked the box himself on an application form in his own home.

    I dont think there is much room to claim misselling. The main thrust of any clim will be any claim taht the whole credit agreement must be cancelled to cancel PPIicon and as such it constitutes an unfair term. That is the main issue.

    I will be SARing(?) them anyway and go through it better than an electron microscope could.

    The problem is also compunded by the fact that, some years before the card was "upgraded" (i still have not got a definitive answer as to whether it was upgraded or whether it was a new contract), and I do not know whether selecting the PPI will count as a continuance or a new insurance.

    Believe me, this is a mother of a claim



  7. #7
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    Default Re: Cancelling PPI - must they do it?

    Hello gyzmo,

    having been in touch with the fosicon today several times they gave me the general opinion that if you want to cancel PPIicon off a loan then it should be a renegotiated loan without the PPI. It seems the two do actually go together and if you cancel PPI then the Loan must start again as a separate issue without PPI, It would appear my bank got it a bit wrong.

    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

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    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.

  8. #8
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    Default Re: Cancelling PPI - must they do it?

    AA this is a credit card so cancelling the PPIicon should not be a problem

    I can't find it now but I am sure that the FSA have stated that in the case of loan agreements if loan provider insists on creating a new loan when a customer wants to cancel PPI fairly ie not bump the interesticon rate up on the new loan to cover the loss in income

    If you can keep you head when all of those around you are losing theirs try parking your helicopter somewhere else


    The PPI Saga

  9. #9
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    Default Re: Cancelling PPI - must they do it?

    Oh this gets worse.

    He has now contacted the credit card co by phone and asked for reduced payments, which they agreed to.

    But.... They have not reduced interesticon and PPIicon is on there. The PPI alone is more than the payment he is making. Gonna see if I can get this sorted out because he has just turned a litle dent into a huge crater.



  10. #10
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    Default Re: Cancelling PPI - must they do it?

    Did he ask for the PPIicon to be removed??

    If you can keep you head when all of those around you are losing theirs try parking your helicopter somewhere else


    The PPI Saga

  11. #11
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    Default Re: Cancelling PPI - must they do it?

    I dont know and he does not remember. I doubt it - he is convinced that it is needed and cannot believe that you can buy protection elsewhere at a fraction of the cost.

    The whle situation is becomming a nightmare. I would have thought the credit card co would have seen a modicum of common sense and realised that the repayment agreement is basically flawed seeing as the balance is increasing each month.



  12. #12
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    Default Re: Cancelling PPI - must they do it?

    Is he working BTW

    Maybe you should have ago at finding the cheaper products to show him.

    If you can keep you head when all of those around you are losing theirs try parking your helicopter somewhere else


    The PPI Saga

  13. #13
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    Default Re: Cancelling PPI - must they do it?

    I have done and he is more or less convinced now (and he is working).
    However, I still need to know the answer to my original questions!



  14. #14
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    Default Re: Cancelling PPI - must they do it?

    I am wondering if what you have read about cancelling and whole agreements applies to loans

    PPIicon is a separate product so legally I can't see how they can refuse to cancel it without cancelling the whole agreement but they in the case of loans with an up front single premuim on, it is set up to make it difficult.

    For credit cards it is a an amount added every month so I really cant see who they can refuse to cancel it certainly with my MBNAicon card it was canceled at my request over the telephone I just said I didn't want it anymore - mind you I was in full time education and they should never have sold it in the first place knowing that - but seriously it is a separate product and they should remove it at your request with credit cards.

    If you can keep you head when all of those around you are losing theirs try parking your helicopter somewhere else


    The PPI Saga

  15. #15
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    Default Re: Cancelling PPI - must they do it?

    However Lloydsicon are particularly high up my list of poo holes so they will probably try to wriggle out of cancelling a lucrative product.

    If you can keep you head when all of those around you are losing theirs try parking your helicopter somewhere else


    The PPI Saga

  16. #16
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    Default Re: Cancelling PPI - must they do it?

    Thanks. I hope they do try and wriggle out of it - gives me more of a fight!




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