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.
Hi, i took out a personal loan from BOS in december 2001 for £10,000, with £3819.20 added on top for "BOS creditcare silver" their version of PPI.
Now in June 2002 i took out a secured loan loan from BOS, this time for £19,000 to payoff the total outstanding balance (around £15,000) of the orignal loan and get a few extra quid. This loan had no PPI at all.
Is there still a chance of reclaiming the £3819.20 at all? Im not too clued up on how this works. Thanks.
Hi, i took out a personal loan from BOS in december 2001 for £10,000, with £3819.20 added on top for "BOS creditcare silver" their version of PPI.
Now in June 2002 i took out a secured loan loan from BOS, this time for £19,000 to payoff the total outstanding balance (around £15,000) of the orignal loan and get a few extra quid. This loan had no PPI at all.
Is there still a chance of reclaiming the £3819.20 at all? (if you have a valid reason - please see the links below) Im not too clued up on how this works. Thanks.
I will post a few links for you to read. You decide if you have a valid case for mis-selling and if you decide yes you should start with a SAR.
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.
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.
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.
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.
ensuring suitability Most borrowers are urged to protect their loans by taking out insurance to meet the repayments if they become unable to work. But the people who sell this type of insurance are often not specialists in this field and some have little or no knowledge of the policy terms. Their ‘advice’ will therefore not be of great assistance to borrowers, who may be uncertain what they are paying for and unable to judge whether it is suitable for them.
The Code of the Association of British Insurers (ABI) – shortly to be replaced by the Code of the General Insurance Standards Council (GISC) – requires the seller to ‘ensure as far as possible that the policy proposed is suitable to the needs and resources of the prospective policyholder’. But many of the complaints we receive indicate this has not happened.
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. eligibility
If sufficient care were being taken to ensure suitability, we would not be continuing to see complaints from borrowers who have been sold insurance for which they were clearly not eligible. For example, most policies exclude from cover anyone who is not ‘actively working’ on the date of the sale. Take the case of a borrower who is incorrectly sold a policy while on sick leave and later submits a claim, which the insurer refuses to meet. The insurer can leave the borrower in a serious financial predicament if, acknowledging the unsuitable sale, it refunds the premiums. The borrower’s predicament will, of course, be even more serious if his house is at risk. We generally take the view that insurers should meet claims in circumstances.
It is also common for policies to include additional eligibility requirements concerning the insured person’s age and number of hours worked each week. Some policies exclude from cover anyone who is self-employed or employed on a short-term contract. Other insurers deem such borrowers eligible for cover, but restrict the benefits available to them under the policy. The ABI Statement on Payment Protection Insurance requires that
‘details of the main features of the cover as well as important and relevant restrictions will be made available and highlighted at the time the insurance is taken out with full details being sent afterwards’ (our emphasis).
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.