Thread: Cahoot flexi loan ppi online application - reclaimable? ***WON***

Hello everyone,

I'm wondering if anyone could possibly advise me on something I'm looking at for my mum. I've searched the forums but cannot find anything specific to this situation.

In a nutshell, my mum took a flexible loan with Cahoot in 2001, which she is still paying @ £150 a month. There is about 2 more years' payments left to go. I am trying to sort this out for her, and part of this is looking at the PPI she took out with it. I am considering attempting to reclaim this ppi, as

I think it was never suitable for my mum. I feel that it was missold for the following reasons:

-She was never told she could shop around for PPi
-My mum has (thankfully its in the past) had previous trouble with depression and stress, (entries of which lie in her medical file). As this is a
pre-existing medical condition, had she been off work due to this, the ppi would not kick in.

The ppi has since been stopped (just days ago), so at least all of her payment is now paying the loan.

As I say I'd like to try to reclaim this but I want to make sure I have a fair chance of success before I start. My concern is based around the format of loan application. Although her memory of the event is sketchy, she recalls applying on line. She thinks a box was ticked (or unticked) for the ppi request. She confirms that minimal human communication took place with Cahoot.

If I pursue this matter, could Cahoot simply say 'the terms and conditions of the ppi were always available on-line, its up to the customer to ensure a product is right for them'?

To make matters worse, my mum's changed email accounts, so original communication has been lost. My mum has emailed Cahoot twice, asking for copies of the original emails, but her communication has so far been ignored.

Should I pursue this? If it could be re-claimed the money would almost clear the remaining balance, which would be fantastic.

Any advice would be greatly received. Many thanks in advance.

Similar Threads:

• jellybabe vs Cahoot Flexi Loan
• carla WON CLAIM* NOW mcs debt (flexi-loan)
• HSBC Flexi Loan
• Cahoot Flexi Loan Rip Off
• Cahoot Flexi Loans

Helllo Kaiconfuzzled,

Hello everyone,

I'm wondering if anyone could possibly advise me on something I'm looking at for my mum. I've searched the forums but cannot find anything specific to this situation.

In a nutshell, my mum took a flexible loan with Cahoot in 2001, (the date could be difficult depending on the month in 2001) which she is still paying @ £150 a month. There is about 2 more years' payments left to go. I am trying to sort this out for her, and part of this is looking at the ppi she took out with it. I am considering attempting to reclaim this ppi, as

I think it was never suitable for my mum. I feel that it was missold for the following reasons:

-She was never told she could shop around for PPi
-My mum has (thankfully its in the past) had previous trouble with depression and stress, (entries of which lie in her medical file). As this is a pre-existing medical condition, had she been off work due to this, the ppi would not kick in. (These are excellent medical grounds for mis_selling IMO)

The ppi has since been stopped (just days ago), so at least all of her payment is now paying the loan. Good move and now to get the PPI premium back plus the interest added to it plus 8% statutory if you go via fos or you can go for the Contractual if you go the Court route. I would suggest as I always do got to the FOS first it is a long route but they are upholding 80% of claims for mis-sold PPI. If they do not uphold your complaint you still have the option of Court action.

If you go to Court first and lose then the FOS will not take up your case. The choice is yours on how long it will take but remember there are no costs if you go to the FOS except to the bank depending upon how many complaints they have against them.

If it is over three then each complaint to the FOS incurrs a cost to the bank of £450.

The choice is yours.

Financial Ombudsman Service

As I say I'd like to try to reclaim this but I want to make sure I have a fair chance of success before I start. My concern is based around the format of loan application. Although her memory of the event is sketchy, she recalls applying on line. She thinks a box was ticked (or unticked) for the ppi request. She confirms that minimal human communication took place with Cahoot.

More links from the stickies at the top of the forum all worth a read

For claims before 2005 and the FSA ruling from which campaign
How to tell if you’ve been mis-sold PPI
Quick check: were you mis-sold? - How to tell if you’ve been mis-sold PPI

Another useful site to help you reclaim missold PPI UPDATED 16 JUN 08
Reclaim your PPI premiums - payment protection insurance | This is Money

This is a little snippet from the above link....

Can I reclaim on any PPI policy?
Your claim for compensation is dependent on when you took the insurance. PPI sales only came under the jurisdiction of the FSA on 14 January 2005. Any sales made before then are not covered by the latest rules.
However, it may still be worth complaining to your lender if you feel you have been mis-sold. If you bought before January 2005 it is likely that they will have been covered by a previous regime of rules. This means that the Financial Ombudsman Service will be able to consider these complaints. If you took PPI after January 2005, your claim is subject to the latest rules.



If I pursue this matter, could Cahoot simply say 'the terms and conditions of the ppi were always available on-line, its up to the customer to ensure a product is right for them'? Undoubtedly they will do this but the terms and conditions have to be written in a format that is legible and easily understood by the purchaser and this is not always the position of the contract as consumers have been easily misled.

To make matters worse, my mum's changed email accounts, so original communication has been lost. My mum has emailed Cahoot twice, asking for copies of the original emails, but her communication has so far been ignored. This is where a Subject access request (SAR) comes into it's own you send of a formal request for information as required by the Data Protection Act 1998 with a Statutory fee of £10.00 and they (Cahoot) have to send you all the information you ask for within 40 Days or they are in breach of the Data Protection Act 1998 and therefore in breach of a Legal Act of Law within the British Satutes.

Full PPI link here and ask for everything on Record,
Paper, Electronic, CD, Tape recordings or transcripts of tape recordings, Microfische film records and enything else you can think of,

Do not accept any statement from them saying that the records you requested have to be part of a recognised filing system as this is a misuse of the references within the Data Protection Act 1998 whereas they will try and use the Act against you to put you off track. The Act is your act and is for you not the banks, credit card companies etc.


Should I pursue this? If it could be re-claimed the money would almost clear the remaining balance, which would be fantastic.

Any advice would be greatly received. Many thanks in advance.

You may need to do more research and ask more questions but you will get assistance even though it may take a while

aa

aa
Wow - thank you so much for such an in depth reply, it is so much appreciated. I will post back here properly later, but I want to digest what you have said and do some more research. My initial thoughts are to attempt to claim via the fos route as you have suggested.
Many many thanks again,
KaiConfuzzled.

AA-
OK, I've got my SAR prepared, thanks again to this site -
one question, do I make my Postal Order payable to Abbey National or Cahoot? Is there an exact wording required?
I'm struggling to find a definitive answer despite looking on Cahoot's site and google

Many thanks
KaiConfuzzled.

hello kaiconfuzzled,

AA-
OK, I've got my Subject access request prepared, thanks again to this site -
one question, do I make my Postal Order payable to Abbey National or Cahoot? Is there an exact wording required?
I'm struggling to find a definitive answer despite looking on Cahoot's site and google :cry:

Many thanks
KaiConfuzzled.

If your agreement was taken out with cahoot then make the Postal Order for payment to them.

I would just send your SAR with the postal order attached (keep a record of the Postal Order number) and send your letter at least recorded signed for delivery. You can then use the Royal Mail online track and trace to see when it was delivered. You will then have proof of the timescale for you 40 days to start ticking before you require the response in line with the Data Protection Act 1998.

If they fail to produce then you escalate to Court or ICO or both and the rest of the universe.

This is my huge thread and if you can use anything in it cobbled to your own claims please feel free to do so... It is long, VERY long but so far it appears after a long fight I have two successes and one complaint pending and even the ICO has come up on my side with my complaint to them about failures of the RBS to comply with the Data Protection Act.......

alanalana PPI claim against RBS (looking for some help) please

Hope this helps you

aa

aa -

Her loan is with Cahoot, so I'll make the p/o payable to them, noting the number also.
I'm off work from tomorrow (yippee) so I'll send it off then, recorded delivery.
I guess I'll be re-posting on here in 40 days, give or take.
Many thanks for your help once again, it is much appreciated.

Merry Christmas to all and here's to a happy, debt free new year!

Thanks
KC

Hello Everyone,

A happy new year to you all.

Just a quick update, amazingly we received a prompt response from cahoot, covered by a very polite letter.

Sadly, the content includes all statements but does not include the original terms and conditions or records of any other communication between them and my mum.

My questions now are:

- I have the info I need to calculate my mums claim amount. Do I need to pursue them for the t & cs and other communication records OR should I just press on with the next stage of the claim.

- I know the CURRENT t & cs of the PPI are available on the cahoot website. I cannot be sure that these are the same as they were way back when my mum took out the loan. Does this really matter?

The basis of my claim for missold ppi will be on the pre-existing medical conditons. I'm making the assumption that the original t & cs also had this clause in. Am I OK to make this assumption?

Many many thanks again,

KC

Hello KC and a Happy New Year to you too

Hello Everyone,

A happy new year to you all.

Just a quick update, amazingly we received a prompt response from cahoot, covered by a very polite letter. This makes a nice change

Sadly, the content includes all statements but does not include the original terms and conditions or records of any other communication between them and my mum.

My questions now are:

- I have the info I need to calculate my mums claim amount. Do I need to pursue them for the t & cs and other communication records OR should I just press on with the next stage of the claim. Pursue them as they should provide all relevant data applicable to the data subject. I would send a letter of non compliance (somewhere in the stickies) but you can only do this after 40 days if by then you have not received the information you can bang in a complaint to the Information Commissioners Office for their failure to comply with the Data Protection Act 1998 Please have a look at Post 290 on my thread to see what the ICO response was to my complaint...........

alanalana PPI claim against RBS (looking for some help) please

- I know the CURRENT t & cs of the PPI are available on the cahoot website. I cannot be sure that these are the same as they were way back when my mum took out the loan. Does this really matter? Probably important you get the originals as time progressed and the banks saw flaws in terms and conditions they tended to lose the old ones and off current T and Cs

The basis of my claim for missold ppi will be on the pre-existing medical conditons. I'm making the assumption that the original t & cs also had this clause in. Am I OK to make this assumption? I would not assume as the originals may show exclusions for pre existing medical conditions but current terms and conditions may not it is important the the actual Terms and Conditions as per your loan are supplied as they are the terms that were relevant at the time.

You will also need proof of Pre existing medical conditions this was my case for a reclaim. I am a war pensioner all of my current account statements and loan details show this and yet they still applied PPI which in a case of any claim would have ruled the policy flawed and I would have received no payments.

Keep at them big time kick up a fuss complain to the universe all the letters are in my thread.

Good luck and don't take fob offs you will succeed

aa


Many many thanks again,

KC

AA -

Thanks again for a prompt, comprehensive response.
OK, despite my overwhelming desire to take this claim forward, I will heed your advice to not go at it 'half cocked'. I'll keep the job right and thus:

- I think its safe to say that another letter containing the remaining requested information will not be forthcoming (i.e. the t & c s) - the general feel of the letter is that the matter is closed from their end.
- I will wait until the 40 days have expired (date in calendar with reminder set), having a non compliance letter prepared, ready to go.
- At the time of sending the letter of non-compliance, I will also send a complaint letter to the Information Commissioners Office (I have read your post and their response - thanks for that).
- I will await the response to this and take appropriate action at this point.

One question has cropped up regarding proof of my mum's pre-existing medical conditios: She has no hard proof herself, but she is satisfied that such proof exists on her medical file. For example, in the past she has been prescribed anti depression medication, and has received counselling at a site outside of her doctor's surgery.

She was signed off work with this problem for a period of time, before the date of taking out the loan.

Will she need to apply for this information from the doctor and submit it, or is it enough to know that should Cahoot wish to see it, it is available?

In fact, as the pre-existing medical condition was not 'public knowledge', i.e. it was not blatently obvious to Cahoot at the point of my mum signing up for the loan / PPI, is my claim a valid one??

Advice, as ever very much appreciated.

Kind regards,

KC.

Hello KC,

AA -

Thanks again for a prompt, comprehensive response.
OK, despite my overwhelming desire to take this claim forward, I will heed your advice to not go at it 'half cocked'. I'll keep the job right and thus:

- I think its safe to say that another letter containing the remaining requested information will not be forthcoming (i.e. the t & c s) - the general feel of the letter is that the matter is closed from their end.
- I will wait until the 40 days have expired (date in calendar with reminder set), having a non compliance letter prepared, ready to go.
- At the time of sending the letter of non-compliance, I will also send a complaint letter to the Information Commissioners Office (I have read your post and their response - thanks for that).
- I will await the response to this and take appropriate action at this point. IMO super so far



One question has cropped up regarding proof of my mum's pre-existing medical conditios: She has no hard proof herself, but she is satisfied that such proof exists on her medical file. For example, in the past she has been prescribed anti depression medication, and has received counselling at a site outside of her doctor's surgery. OK you are more likely to be batting on a winning wicket (for batsmen that is) if you can obtain some certified proof of the pre existing medical condition. Old appointment letters would also help. The only thing is if you ask a surgery for written stuff there is normal a hefty charge involved for each letter but under the Data Protection Act 1998 it may be worth you while to request all the medical docs using the DPA 1998 as a way to obtain everything (I am not 100% certain if this would work but it could be worth a try if you can get a letter to her GP/Councellor at the time signed by you mum asking for the information. I am not sure whether this will work or even if a £10.00 would be required .

She was signed off work with this problem for a period of time, before the date of taking out the loan.

Will she need to apply for this information from the doctor and submit it, or is it enough to know that should Cahoot wish to see it, it is available?

Answer as above the doctor may put up a fight on the medical in confidence issue but if it is your mum requesting details I see no reason why they should not comply especially if you put in the letter exactly the reason you need the information ie to back up your mums claim for mis-sold PPI.
In fact, as the pre-existing medical condition was not 'public knowledge', i.e. it was not blatently obvious to Cahoot at the point of my mum signing up for the loan / ppi, is my claim a valid one?? If cahoot failed to ascertain there was a pre existing medical condition through their failure to ask the correct questions on the demands and needs form at the time of application then the PPI was not fit for purpose as your mum would most likely have been refused a claim under the small print of the T & Cs. Hence you get no T & Cs from them as it is proof that there would be exclusions in the policy that would exclude your mum from making a valid claim. These financial institutions are playing a very clever game at trying to hold on to your money.

Advice, as ever very much appreciated.

Kind regards,

KC.

It was pre existing medical conditions that have so far got me some cash back they did not ask the question and the form they produced with questions asked did not include a single question on pre existing medical conditions and all of my statements going back 17 years show I am in reciept of a Government War Pension.


Hope this is ok for you to proceed I am sure if you can present evidence of pre existing and they have no paperwork to back up the questions asked at the point of sale which have to be signed and ratified by your mum as acceptance you will I am sure be on a winner with the fos or Court.

aa

Hello pompey,

You are doing well in fact very well with this.

OK this is a link to the Information Commissioners Office Website that explains about getting information on medical records.

Access to health records, medical information - Guides - Information Commissioners Office

As you will see if the information is available via a computer the charge will be £10 if they have to do a manual search for information they can charge upto £50.

Hope the above is of help to you

Regards

Pompeyfaith

Would you be ok with this link being posted within my links sticky as it could be a great help for others in the same position as your mum?

aa

Hello Pompey your link duly posted with recognition to you of course:grin:

Thank you

aa

AA / Pompey,

Thank you so much, this is very very useful.

So my next steps are therefore:

- to be ready with the letter of non-compliance, to send at the 40 day point. At this point also sending a complaint letter to the Information Comissioners Office.

- in the meantime, to obtain my mum's medical records, as proof of pre-existing medical conditions. I'll start by getting her to speak to her surgery / doctor, in case the records are available locally. Failing this, I'll write to the department of health, on my mum's behalf. I guess the best way here would be to contact them initially to find out if the records were electronic or paper, then write a second time, including the appropriate fee. Maybe even her doctor could advise if paper or electronic. I'd guess paper, as the medical condition began in the 90's.

- Only once I have ALL data from Cahoot, as requested in my SAR, and my mum's medical records, will I submit my claim letter to Cahoot, based on one of the templates on this site.

- When Cahoot inevitably reject my mum's claim, will I then follow it up via the fos.

A quick question, can the costs of obtaining the data required to mount a claim, be reclaimed within the claim itself?

Many, Many thanks once again,

KC.

Hello KC,

AA / Pompey,

Thank you so much, this is very very useful.

So my next steps are therefore:

- to be ready with the letter of non-compliance, to send at the 40 day point. At this point also sending a complaint letter to the Information Comissioners Office.

- in the meantime, to obtain my mum's medical records, as proof of pre-existing medical conditions. I'll start by getting her to speak to her surgery / doctor, in case the records are available locally. Failing this, I'll write to the department of health, on my mum's behalf. I guess the best way here would be to contact them initially to find out if the records were electronic or paper, then write a second time, including the appropriate fee. Maybe even her doctor could advise if paper or electronic. I'd guess paper, as the medical condition began in the 90's.

- Only once I have ALL data from Cahoot, as requested in my Subject access request, and my mum's medical records, will I submit my claim letter to Cahoot, based on one of the templates on this site.

- When Cahoot inevitably reject my mum's claim, will I then follow it up via the fos.

A quick question, can the costs of obtaining the data required to mount a claim, be reclaimed within the claim itself? If you were to go the Court route then yes you could claim it as costs providing you were successful.


I asked a similar question of the FOS about the costs of Postage, ink, paper and time and the FOS informed me they could not put figures on these and could not award costs. They can however impose penalties if your reputation has been damaged if you look in here......linksyou will find plenty on the FOS and some of the cases they have been involved in with PPI......
issue 71 - complaints about payment protection insurance

They have the power to award compensation in certain cases I believe where they consider damage or distress has been caused to the claimant.



Many, Many thanks once again,

KC.

It may be doubtful that you would get automatic payment but there is nothing to stop you asking when you make your complaint to the FOS. Within your complaint form you could request repayment of any fees you have had to pay out for the evidence and send copies of the receipts to the FOS asking them to consider it during adjudication.

Hope this helps;-)

aa

I was in my GP surgery today and on the reception window it states the charges for copies of medical records so im sure your GP will have or can get all the info you need.

Im sure their computers are linked to the main NHS database.

Regards

Pompeyfaith

Spot on pompey,

nice post again with loads of help

Keep it up you are on the ball

aa

You are in good hands KC and Pompey will be an asset to your fight. I will be watchin and following
aa

AA / Pompey,

Thanks so much for this.

I'll keep my receipts, and consider a polite request when I write to the fos, but I won't hold my breath. To be honest, after a quick calculation of whats owing to my mum, the costs will be fairly irrelevant in comparison.

As for the costs and process of obtaining medical records, I popped into my local GP surgery last night. The receptionist was as much use as a chocolate fireguard, very unhelpful. She stated that she had never come accross an individual asking for their medical records (which I do not believe). She told me she didn't think it was possible to obtain copies, until I reminded her of the data protection act

Anyway, she said the only way is for my mum to see her GP about it. I think its a waste of a GP's time, but I still think its worth her seeing him, so I'll ask her to go along. Failing that, I'll contact the Department of Health.

I am off to India for a holiday on Saturday, so I won't be back on here for a couple of weeks after that, but I'll post updates as and when I have them.

Many thanks again, always appreciated,

KC