Thread: Mis-sold ppi - self employed

Hello Toffee penny,

Hi Pinknico thanks for your reply, we have a long list ready for our ppi fight :grin:

MBNA - credit card
Halifax 3 loans 1 credit card
Monument - credit card
Barclaycard - credit card
Lloyds TSB - loan
GUS finance - 2 loans
Marbles - loan

I have sent a standard letter to all of them, stating self employed and not eligible to claim on policy, certain exclusions. Didn't state exactly what just sent it off to test waters really

MBNA and Halifax credit card replied saying they were investigating. They'll reply within 8 weeks.

I have decided to go ahead with the Subject access request request with Barclaycard, until we see the application form we can't say whether he ticked it or not. We can't really remember from 4 years ago. It could be one of those 'tick here if you do not want insurance' and we left it blank not realising it was asking the opposite. I have seen another application form online from another poster who is fighting ppi with 'don't sign up without it' near the ppi box. The Subject access request will provide us with all the evidence and we'll have to go from there.

Monument however seem to send similar letters to people when up against a ppi reclaim. When challenged about the evidence of the telephone call they cannot produce it. I will write back asking for evidence of this and see what they reply with.

Monument do not provide insurance, they call it Payment Break Plan which is variable (same thing is it not?). You cannot claim money from it, all it does is freeze account if your house is flooded or you lose your job. Completely worthless we know that now!

If you do not have all the paperwork the SAR should work for you but remember to ask each of them for every scrap of data they hold on you in every format they use, Electronic, paper, telephone recordings, microfische, CD and anything else you think they may use. The Statutory fee is £10.00 per SAR they have a Statutory 40 days to reply if they fail then they are in breach of the Data Protection Act 1998 and you can submit a complaint to the Information Commissioners Office (the way I went) and or Court.

A lot of financial institutions are using the electronic online arguement to stave off claims but mis-sold PPI is mis-sold PPI however it was done.

If you SAR all of them it could be the best £70 you have spent and it will mean they have to at least occupy several staff for many hours looking for it all.

Once you have all the information build up each case and reclaim. If they will refuse to pay up or do not answer your letter asking for repayment within 8 weeks then Financial Ombudsman Service or Court.

aa

Hello TP shortened name we all get it just look at the threads if you prefer full handle just shout,

Thanks for that Alanalana

I suppose we will end up sending a Subject access request to all of them anyway but want to see what their response is first. Who knows we could be lucky and receive cheques straight away (I so wish! :grin

I was going to write a reply to Monument and ask about the telephone call evidence but will back it up with a Subject access request too. They should know what we are up to then, might persuade them to look a little further into our complaint for a few days.

I am just a little disappointed that creditors have cottoned on to the fact that although people are querying their accounts and PPI they don't even bother with a personal reply, they are just sending out standard letters to try and fob you off.

I have researched the net trying to find others who are claiming ppi from the same companies to gain information about their claims, how it went etc and it seems Monument and Barclaycard send the same template letter out. So I am hopeful with our own claims now.

Will let you know how I get on.

I will watch with interest and offer help where I can

good luck

aa

Why are you outside the time limit? Dont take their word for it call the fos tomorrow. If they can look at it (They are looking at a case of mine from 2000 mis sold PPI) make sure you point out different tick etc.

Hello TP,

Hello again guys! hope everything is well :grin:

[QUOTE]Had a response from MBNA today to say OH ticked the box on his application form requesting PPI. They have actually sent a copy with the tick in the yes box highlighted

BUT

I think it is in a different pen, Now there's a suprise every other detail on that form is the same kind of writing from the same pen ink yet the tick in the yes ppi box looks a bit different to other ticks. Time to scan and check to be sureI don't think OH ticked that box on the application form, they also state in their letter that self employed is covered but there are certain criteria that must be met in order for him to claim. Well they didn't state this before when he opened account, the application form shows he ticked self employed as his status.

There will be no refund at it was up to OH to read policy etc and this is their final response but because he applied in 2001 we are outside the time limit for referral to the fos They are full of themselves when it comes to final responses and the directions on what the FOS can and cannot do

They state no claims before 6 years and yet I have success on claims back 11 years.


So now what? Any ideas please [QUOTE]

Fight all the way on PPI reclaims.

aa

Hello Toffee Penny,

Thanks for that AA

just wondered how to address my response to MBNA regarding different tick as I don't want it to backfire, I want the claim to be as strong as possible and I don't want to go straight for the juglar shouting 'fraud' :grin:

Can I ask for the original application form as this could prove if a different pen was used? How do I do this? the cca letter? Yes your first step can be a Consumer Credit Agreement request under the terms of sections 77/78 of the Consumer Credit Act 1974. The fee is £1.00 and they have 14 days to supply you with the CCA and any other information relevant to the agreement ie terms and conditions that were applicable to the agreement.

If we say OH didn't request it then they could come back with why didn't he challenge payments every month on statement?, he assumed it was part of the card agreement and obviously wasn't fully aware of any exclusions until researching helpful sites like this and MBNA certainly didn't explain any, no they just let him pay for a policy that was virtually impossible to claim on. Most policies were useless and extremly costly compared with the other options available hence the Competition Commissioner have come down on this mis-selling....please see this....

The latest news from the Competition Commission - Courtesy of Paintball
The Times newslink.....Sales of PPI to be banned
Competition Commission Newslink.....News release

from this................ links with a stack more info also available.

I think its tricky becuase they have stated he should have read the bumpf that comes through with the card, but how many people do that? Not a lot but it all depends on how the product was advised by the seller that is the important factor if they did not ensure it was suitable by asking you the right questions then clearly it is mis-sold IMO. please see this....

THIS LINK IS IMPORTANT TO YOU ON RECLAIMING IT IS FROM 2001 FROM THE fos
loan payment protection insurance and a quote from this link...


Quote:
When determining whether a policy is suitable, a seller – whether a lender or an agent for the insurer – must obviously take into consideration any information the prospective policyholder volunteers. However, we do not consider the seller’s duty is limited simply to recording what the borrower discloses. It is only by asking questions that the seller can properly determine suitability. These questions cannot cover every aspect of a borrower’s personal position and should not be expected to do so. To paraphrase the ABI Statement, only those matters deemed to be relevant by the insurer should be the subject of questions.
This is our first try at ppi reclaiming and I'm not quite sure how the FOS will read into it. Give them a call and ask they are really quite approachable and helpful. All the information in here....(yes it is another link)....................Financial Ombudsman Service

more from the links link............

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


Homework but it worked for me three complaints with the FOS two successes one pending and one with the ICO

Good luck

aa

Goodwork TP ,you seem to be in control

hello TP,

Hi just wanted to update you that received Subject access request back from Barclaycard with statements dating back when the account opened in 04. THAT's IT!! no cca, no terms and conditions, no application, nothing just a letter saying this is all the information we hold on the account They should by law retain all the information on any account for 6 years after the last transaction on that account so if it closed or was settled on say 20 Jan 2004 they documentation by law should still be available to you under a Subject access request within the DPA 1998 up until 2010.

Time now to send a very serious complaint into the Information Commissioners Office (ICO) pointing out their (Barclaycard) failure to supply full data and information within the legal statute of the Data Protection Act 1998. Especially if you have sent a SAR with a £10.00 fee and they have kept the money and stated they do no have the information. How sneaky is that

I have had similar problems with the RBS (robbing hood in reverse) steal from the poor to give to the rich and the very rich

aa

Hi AA thanks for your reply

I will write back to them to query the whereabouts of the application form they said they were sending with the ticked box and just ask for the PPI to be refunded and threaten to go to the Information Commissioners Office

Hello TP,

they try everyones patience so do not be put off with the responses you get

These creditors are seriously trying my patience!

Had reply from Lloyds from my Subject access request and just had 2 loan agreements back, WHERE IS THE PHONE PROVE? argh!!

I cannot believe creditors are so full of it when sending replies to people's requests for PPI back, they come out with so many lies about telephone recordings, reviewing sales calls and when asked for the prove they mysteriously never arrive!

Sorry having a bad day, but at least in times of the credit crunch I am fully supporting the local Post Office making sure it is kept in business with my special delivery letters and postal orders :grin:

Keep at them andmake them sit up and take notice

aa

A couple of quick observations that no-one else has made (or if they did I missed 'em)

It looks like you had a WHOLE bunch of different PPI policies from different Credit Card providers. Some PPI policies cover your debt (rather than just the individual CC, that sold you the policy), so you need to check the terms of the policies to see, if you were double insured i.e. insured by more than one policy for the same thing.

If you can establish that you already had insurance in place that covered the debt, this is good evidence that the subsequent policies were mis-sold.

Originally Posted by Toffee Penny

Hi just wanted to update you that received Subject access request back from Barclaycard with statements dating back when the account opened in 04. THAT's IT!! no cca, no terms and conditions, no application, nothing just a letter saying this is all the information we hold on the account.

No CCA in response to an SAR is normally greeted as really good news by Caggers... because either:

1. They don't actually have a CCA - and the alleged debt is unenforceable
2. They do have a CCA - but by not sending it they have breached the DPA.