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.
I was made unemployed on 29 June 2007. Told Chelsea Building Society mortgage department and was informed not to worry as I had payment protection insurance. What a relief!"!!!!!!! I also told them the circumstances as to why I was made unemployed. A company takeover fell through although the new company had paid us for the previous 3 months and as such was deemed to be my new employer. He denied this and would not issue a P45. I therefore sent copies of pay statements, 12 months bank statements showing continuous salary being paid into my account and also informed them that I am taking them to Employment Tribunal. I was then informed that the PPI was therefore not enforceable as I was in dispute with my employer and until such times as the tribunal sat there was nothing the insurance company could do? In fact not long after that I was informed that my claim had been cancelled. I have looked all over the policy documents and there is nowhere that refers to circumstances of going to tribunal. It was obvious that I had been in full-time employment but nevertheless the claim was cancelled. The tribunal took 10 months to finally sit I won my case, awarded £29,000 but have not seen a penny of it, he closed the company down on the 17 April, the second day of the hearing was on the 30 April, he states he is insolvent but I cannot afford the £1,500 to go to insolvency practitioner so either way I was stuffed. I sent details of the award and findings of the tribunal to the insurance company and they miraculously reinstated my claim and paid for 2 months mortgage. Due to my situation and no money coming in to pay the mortgage I was forced to seek parttime employment. This meant that the Job Seekers allowance of £26 a fortnight was cancelled and therefore the insurance company was only liable for 2 months as the first 30 days are not counted. Unfortunatley I had by then already incurred default on three months mortgage payments and my credit rating adversly affected. The mortgage company in the meantime applied for a repossession order on my house (£95000 mortgage) house worth £250,000, it is easy to see their side of the coin, getting a high value return on their investment and nothing I could do about it. Fortunately a friend stepped in and paid the outstanding balance (£3741 which he does not want back until 12 months time) and I also got a full time job but on a lot less than before my circumstanced changed. I am totally disgusted with the way the insurance company can walk all over me, I would like any help I can get to take those involved to task and get some form of compensation and help. Do I qualify for a mis-sold policy as all the pitfalls were not explained at the time of me taking out my mortgage. Chelsea say they are not responsible, but I feel as the agent selling the policy to me they are equally at fault.
I was made unemployed on 29 June 2007. Told Chelsea Building Society mortgage department and was informed not to worry as I had payment protection insurance. What a relief!"!!!!!!! I also told them the circumstances as to why I was made unemployed. A company takeover fell through although the new company had paid us for the previous 3 months and as such was deemed to be my new employer. He denied this and would not issue a P45. I therefore sent copies of pay statements, 12 months bank statements showing continuous salary being paid into my account and also informed them that I am taking them to Employment Tribunal. I was then informed that the PPI was therefore not enforceable as I was in dispute with my employer and until such times as the tribunal sat there was nothing the insurance company could do? In fact not long after that I was informed that my claim had been cancelled. I have looked all over the policy documents and there is nowhere that refers to circumstances of going to tribunal. It was obvious that I had been in full-time employment but nevertheless the claim was cancelled. The tribunal took 10 months to finally sit I won my case, awarded £29,000 but have not seen a penny of it, he closed the company down on the 17 April, the second day of the hearing was on the 30 April, he states he is insolvent but I cannot afford the £1,500 to go to insolvency practitioner so either way I was stuffed. I sent details of the award and findings of the tribunal to the insurance company and they miraculously reinstated my claim and paid for 2 months mortgage. Due to my situation and no money coming in to pay the mortgage I was forced to seek parttime employment. This meant that the Job Seekers allowance of £26 a fortnight was cancelled and therefore the insurance company was only liable for 2 months as the first 30 days are not counted. Unfortunatley I had by then already incurred default on three months mortgage payments and my credit rating adversly affected. The mortgage company in the meantime applied for a repossession order on my house (£95000 mortgage) house worth £250,000, it is easy to see their side of the coin, getting a high value return on their investment and nothing I could do about it. Fortunately a friend stepped in and paid the outstanding balance (£3741 which he does not want back until 12 months time) and I also got a full time job but on a lot less than before my circumstanced changed. I am totally disgusted with the way the insurance company can walk all over me, I would like any help I can get to take those involved to task and get some form of compensation and help. Do I qualify for a mis-sold policy as all the pitfalls were not explained at the time of me taking out my mortgage. Chelsea say they are not responsible, but I feel as the agent selling the policy to me they are equally at fault.
A long sad story.
I have never seen this issue before but I will try and give you some pointers from the Forum mainly links which may be of use to you.
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.
For legal issues relating to Data Protection check this link...Lots of very useful info in understandable terms. Data Protection | OUT-LAW.COM
it includes the following and much much more Negotiating with the Data Subject (This should be important to Banks)
At this stage, it is advisable to negotiate with the data subject. The location information the data subject will have already given will give a clue as to what it is the data subject really wants to have information about. The benefit of the Data Protection Act 1998 is that it allows data controllers to negotiate with data subjects to get the data subject to specify the exact information he or she wishes to receive.
The data controller is entitled to ask for a fee of £10 and two further pieces of information. Firstly, the data controller must satisfy himself that the person making the request is, in fact, the data subject. The use of a Subject access request form is advised, since the greatest breach of a data controller's security is for the data controller to satisfy a Subject access request made by a person impersonating the data subject. The use of the form goes towards proving that the data controller has adequate identification and verification procedures in place. Secondly, the data controller is entitled to ask the data subject for further information to enable the data controller to locate the information which that person seeks.
When the last of these three pieces of information has been obtained, the forty day period starts to run. It is advisable to put procedures in place to ensure that the receipt of the request and the further information is correctly dated so that an organisation knows how long it has to satisfy the subject access request.
However, if the data subject is adamant that he or she wishes to receive a copy of everything the data controller holds on him or her, then there is very little the data controller can do about this, and a completely exhaustive search of the computerised and manually held data in the organisation will be required. (nice to know what you see in the Act is what you get)
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.
You could call the Financial Ombudsman Service for their advice they are usually very helpful. Contact details in here..
I have posted quite a bit from links thread in stickies at the top of the forum apologies if you have already seen this.
Hope this gives you a start.
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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.
Tribunals And The Effect On Ppi
department and was informed not to worry as I had payment protection insurance. What a relief!"!!!!!!! I also told them the circumstances as to why I was made unemployed. A company takeover fell through although the new company had paid us for the previous 3 months and as such was deemed to be my new employer. He denied this and would not issue a P45. I therefore sent copies of pay statements, 12 months bank statements showing continuous salary being paid into my account and also informed them that I am taking them to Employment Tribunal. I was then informed that the PPI
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Re: Tribunals And The Effect On Ppi
