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.

£19.99 + £1.50 (P&P)




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.

£9.99 + £1.50 (P&P)

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Question PPI on credit card query

    Hi

    If you receive through the post an offer of a guaranteed credit card through your bank, where you are only receiving benefits income support, incapacity benefit etc and due to being vulnerable suffering severe mental health problems take the credit card and agree to the insurance, could you still make a claim for mis-selling or similar?

    This happened to a close relative a year and a half ago and the bank should of known their circumstances yet kept offering credit cards and loans.

    I dont know why they took the PPIicon insurance, but it seems if you ring and speak to the bank and advise of being on incapacity benefit they cannot actually add the insurance to the account.

    They have kept the account for a year and a half and paid insurance for all that time.

    They are now in a dire mess and im angry at the bank.

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  2. #2
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    Default Re: PPI on credit card query

    Quote Originally Posted by joneseyblod View Post
    Hi

    If you receive through the post an offer of a guaranteed credit card through your bank, where you are only receiving benefits income support, incapacity benefit etc and due to being vulnerable suffering severe mental health problems take the credit card and agree to the insurance, could you still make a claim for mis-selling or similar?

    This happened to a close relative a year and a half ago and the bank should of known their circumstances yet kept offering credit cards and loans.

    I dont know why they took the PPIicon insurance, but it seems if you ring and speak to the bank and advise of being on incapacity benefit they cannot actually add the insurance to the account.

    They have kept the account for a year and a half and paid insurance for all that time.

    They are now in a dire mess and im angry at the bank.
    Hello,

    Well there looks like there may be a few issues more than ppi. I would be after the bank or company asking why they have allowed somebody on incapacity benefits to need 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

  3. #3
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    Default Re: PPI on credit card query

    Hi hellhasnofury

    I would agree there, however I would be writing this letter on my neephews behalf due to his current mental state and im not very knowledgeable on the type of things that would get their attention as I think they have acted irresponsibly.

    If anyone can please suggest anything regarding letter contents it would be very much appreciated.


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    Default Re: PPI on credit card query

    Has anyone had a similar experience, or know of anyone that has had a similar experience?

    I want to take this as far as I can through the banks complaint system, but I want to ensure I quote any relevent legisilation correctly, get their attention etc so they take what happened with my nephew seriously and at least look at refunding PPIicon premiums paid.

    Anyones help, adivce, assistance here would be majorly appreciated!


  5. #5
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    Default Re: PPI on credit card query

    Hello JB,

    If you receive through the post an offer of a guaranteed credit card through your bank, where you are only receiving benefits income support, incapacity benefit etc and due to being vulnerable suffering severe mental health problems take the credit card and agree to the insurance, could you still make a claim for mis-selling or similar? Yes as again they have not ensured the PPIicon was fit for purpose.

    This happened to a close relative a year and a half ago and the bank should of known their circumstances yet kept offering credit cards and loans.

    I dont know why they took the ppi insurance, but it seems if you ring and speak to the bank and advise of being on incapacity benefit they cannot actually add the insurance to the account. They should also not have offered the card IMO. If there were problems.

    They have kept the account for a year and a half and paid insurance for all that time.

    They are now in a dire mess and im angry at the bank
    .

    I would suggest another SARicon for this Account. I am not sure if you would need authority to act on their behalf but if you write in the SARicon your reasons for taking up the case it would be a good start. Just basically as you have pointed out in your post to the thread.

    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: PPI on credit card query

    Thank you very much for your help. This was the biggest part of the problem with the credit card and PPIicon.

    But it is only part of the iceburg as he was given a platinum account with £900 overdrafticon upon opening an current account with them despite telling them the account was for benefit payments. Been charging him £15 and then £17 a month for the privelege...

    Did previously offer him a loan, and also a classic credit card with smaller limit (guaranteed offer thorugh the post) before the platinum credit card with £5k limit.

    I just dont understand how a bank that can clearly see benefit payments going in every month can then do this type of thing.


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    Default Re: PPI on credit card query

    He had a letter from the bank today. They talk of recent request for copies of statements on your account to reconcile bank charges and that they will be sent within 40 days.

    The SARicon clearly stated all information they hold, but this letter has no telephone number and the address if for a copy statement unit.

    Should we send a letter to the local bank (same one sent SARicon request to)with a copy of this letter to try and ensure he gets all info for a pursuit of a complaint.

    Or ring local bank and ask for telephone number of this unit and ensure they are providing more than that.

    Hold tight and wait and hope for the best.

    We are of course keen to pursue a complaint sooner rather than later as account in collections and threatening of debt collectorsicon.


  8. #8
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    Default Re: PPI on credit card query

    Hello JB,

    He had a letter from the bank today. They talk of recent request for copies of statements on your account to reconcile bank charges and that they will be sent within 40 days. If your SAR asked for all data then I would wait and see what they send if they do not comply then I have already mentioned the options available to you. I would refrain from calling the bank keep everything in writing then you have black and white evidence should you have to go down the Court route. Keep at least two copies of all of your correspondence and keep a folder or two on your PC to file everything try and keep all papers in chronological order or mark them in the order of production ie item 1 SAR, item 2 banks response to SAR etc etc.

    The Subject access requesticon clearly stated all information they hold, but this letter has no telephone number and the address if for a copy statement unit. As above no need to phone put everything in black and white phone callsicon unless you can record them can be denied and if they record them and you say something they could use against you then it could be trouble.

    Should we send a letter to the local bank (same one sent Subject access requesticon request to)with a copy of this letter to try and ensure he gets all info for a pursuit of a complaint. I would suggest there is no need for this you have sent SAR and have received a response. If they fail to supply all the info you need then you take matters further.

    Or ring local bank and ask for telephone number of this unit and ensure they are providing more than that. As above keep everything in writing and wait to see what turns up.

    Hold tight and wait and hope for the best. Yes and the best is they have to provide or face complaints lodged with ICO, fosicon, OFT, FSA and for good measure BBA.

    We are of course keen to pursue a complaint sooner rather than later as account in collections and threatening of debt collectorsicon. They still by law have 40 days. If you have problems with DCA.s you can get advice from this forum.
    Debt Collection Industry

    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.

  9. #9
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    Default Re: PPI on credit card query

    Thanks so much aa very helpful advice!

    Will hold tight and keep a good record of correspondence.



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