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.
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a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I am currently trying to help my brother, he has become unemployed due to the current financial climate and is in the process of claiming on his 'Repayment cover' that he has been paying into for over 4/5 years on his Halifax One credit card.
He has sent his proof of benefits, completed numerous forms and still they are requesting details that he has already sent in? The problem I have is that when he took out the card he was employed by a company then he worked freelance for a building contractor and was effectively self employed, I don't think they are going to pay out and state the reason for this is due to him been self employed - not that they ever requested details of his work etc when he took out the policy!
Has anyone gone through similar? If they refuse to pay out - could I reclaim for the years he has paid into a policy that was really in effect misold and not worth the paper it was written on?
I have wrote to the bank (in my brothers name) asking for payments to be frozen for up to 6 months or until the claim is paid. I have also wrote to the Halifax requesting a copy of his credit agreement - I want to help him anyway I can as he is a good boy and has been responsible and the bank is just screwing him in what is at the moment a bad situation- my mum is currently paying his minmum payment as they have threatened action if he stops paying. It is only a small debt that my mum is willing to pay off to stop interest etc, but it is the principal!
Many thanks in advance!
Rabbit x
"I hate to break it to you, but there is no big lie, there is no system, the universe is indifferent"
Don Draper, Mad Men
I am currently trying to help my brother, he has become unemployed due to the current financial climate and is in the process of claiming on his 'Repayment cover' that he has been paying into for over 4/5 years on his Halifax One credit card.
He has sent his proof of benefits, completed numerous forms and still they are requesting details that he has already sent in? The problem I have is that when he took out the card he was employed by a company then he worked freelance for a building contractor and was effectively self employed, I don't think they are going to pay out and state the reason for this is due to him been self employed - not that they ever requested details of his work etc when he took out the policy!
Has anyone gone through similar? If they refuse to pay out - could I reclaim for the years he has paid into a policy that was really in effect misold and not worth the paper it was written on? IMO YES, like a lot of PPI sales the Insurance was worthless, Very costly and difficult to claim against because of all the exclusions in the terms and conditions.
If they will not pay out now then go for a reclaim on appropriate grounds (there are lots - please see links below).
I have wrote to the bank (in my brothers name) asking for payments to be frozen for up to 6 months or until the claim is paid. I have also wrote to the Halifax requesting a copy of his credit agreement (did you send the statutory fee of £1.00 with the letter?)- I want to help him anyway I can as he is a good boy and has been responsible and the bank is just screwing him in what is at the moment a bad situation- my mum is currently paying his minmum payment as they have threatened action if he stops paying. It is only a small debt that my mum is willing to pay off to stop interest etc, but it is the principal!
Best way to start reclaiming is by sending a Subject access request the fee is £10.00 but you can ask for all the data applicable to the data subject (your brother). Halifax then have 40 days to supply a true copy of the credit agreement, the terms and conditions applicable to the agreement, up to date statement of the account, records to ensure they policy was suitable by means of a wants and needs/ customer duty of care questionnaire, copies of letters etc etc,
much more information in the stickies threads at the top of the forum.
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.
Many thanks for the information - I will try to do all I can to help him! Already on the way with the SAR - so thank you I did include the fee and all letters are recorded Although I think the courts accept 1st class post as next day served?
Rabbit x
"I hate to break it to you, but there is no big lie, there is no system, the universe is indifferent"
Don Draper, Mad Men
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.
I have had a letter back today from Halifax, ignoring everything I said in letter and just told my brother to keep paying his debt. If he stops paying they stated that they will take action, they are totally unwilling to freeze interest or hold the debt refering him to his PPI - but they are dragging their feet on paying out on this - so I think that I should write and ask for my brothers money back that he has paid into this past 5 years!
"I hate to break it to you, but there is no big lie, there is no system, the universe is indifferent"
Don Draper, Mad Men
I have had a letter back today from Halifax, ignoring everything I said in letter and just told my brother to keep paying his debt. (hopefully not including the PPI element as he cannot claim) If he stops paying they stated that they will take action, they are totally unwilling to freeze interest or hold the debt refering him to his PPI - but they are dragging their feet on paying out on this - so I think that I should write and ask for my brothers money back that he has paid into this past 5 years!
If the PPI is worthless and it seems to be so in your brothers case I would write insisting on immediate cancellation of the PPI requesting a full written response. This should reduce the payments he is making by the PPI amount and there should be a pro rata rebate on any remaining PPI premiums.
Remember if you sent SAR 3 april they do have a statutory 40 days plus 2 for postage dates before you can complain to the Information Commissioners Office. You should be looking for a full response to your SAR 42 days after they received your letter and fee.
You have to remember the PPI issue is huge and the banks are doing everything in their power to:
A: not have to pay it back
B: by making life as difficult for you as they can in the hope you will go away to
C: avoid a hefty fine from the Financial Services Authority and
D: keep you in the dark and make as many threats as possible to put you off your guard.
Keep at them you dictate the scene they mis-sold so you control and tell them exactly what you require or complaints to the Financial Ombudsman Service, Financial Services Authority, Office of Fair Trading, and the Information Commissioners Office if they do not respond to your SAR within the 42 days.
they will try and grind you down, do not let them
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
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.
Thank you for the support! I am going crazy with the stress and it is not even my credit card
Rabbit x
It's called being a good friend and that is good
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
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.
They have offered a laughable 600 quid for the PPI which I know is disgusting as my brother has been paying PPI on this CC since he first took it out over 5 years ago. I would at least expect the debt on his card to be written off as it is only small (just over 1000) as I am guessing that the PPI he has paid in is well over what he owes on his card!
What do you recommend that I do next? Is there a letter I can send them to basically say take your cheque back and shove it where the sun don't shine and offer me something decent or at least all the money plus 8% you owe?
Rabbitx
"I hate to break it to you, but there is no big lie, there is no system, the universe is indifferent"
Don Draper, Mad Men
They have offered a laughable 600 quid for the PPI which I know is disgusting as my brother has been paying PPI on this CC since he first took it out over 5 years ago. I would at least expect the debt on his card to be written off as it is only small (just over 1000) as I am guessing that the PPI he has paid in is well over what he owes on his card!
What do you recommend that I do next? Is there a letter I can send them to basically say take your cheque back and shove it where the sun don't shine and offer me something decent or at least all the money plus 8% you owe?
Rabbitx
Have they sent you a cheque? or just made the offer of a refund?
I would be patient and wait for the outcome of the SAR at least when you get all the information statements etc you will be able to see exactly what PPI payments have been made. What date did you send the SAR and if it was recorded what date did they receive it?
If the 40 days are up let me know and we will go onto the next step.
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
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.
Yes they have sent a cheque - expecting us to except it, when we have not received reply yet to the SAR (this is still within time). I just want a letter to send back with the cheque advising that we will not be accepting the cheque etc or do I not send anything fancy and just send the cheque back saying no thanks?
Nightmare
Rabbitx
"I hate to break it to you, but there is no big lie, there is no system, the universe is indifferent"
Don Draper, Mad Men