Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


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Thread: Amex ppi

  1. #1
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    Default Amex ppi

    My husband has an amex card since approx 2002, which if I remember rightly he applied for after being approached at a service station! We have successfully claimed back a few charges made on the card but are also trying to claim back the PPIicon as when he applied he was self employed and feel that we would fully benefit (if at all) from this cover. At the time he was just told "ok, just sign here, here and here" with no explaination of the ppi, whether he needed it or benefit from it. Being in a hurry he just signed and left.

    Then, when he had a bad accident in 2006 and needed to claim he asked for a claim form and was sent a letter asking for proof that his business had ceased trading (ie IR letter) therefore he was unable to claim on this insurance.

    American Expressicon have refused to pay back the ppi premiums saying that he would have had "some cover" under the policy (what exactly!).

    I am unsure what to do next, do you think I should take it to the FSA or instigate court proceedings. The FSA as I understand it take a long time but on the other hand from reading some other posts Amex appear very aggressive in their dealings with people.

    Thanks

    Tink

    GE MONEY - DEBENHAMS CARD
    Settled in full after prelim

    MBNA
    Settled after LBA
    however mistake made by me on contractual interest so going after the rest now
    SETTLED IN FULL JAN 2007

    MINT
    Offer after prelim rejected
    Settled in full after LBA


    to go:
    Barclays Bus Ac - to mcol
    Barclays CC - to mcol
    Nat West (over 6 years) no action taken yet
    Creation Financial - awaiting statements since Dec
    Goldfish - offer after prelim rejected
    and some more

  2. #2
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    Default Re: Amex ppi

    Hello tink,

    My husband has an amex card since approx 2002, which if I remember rightly he applied for after being approached at a service station! We have successfully claimed back a few charges made on the card but are also trying to claim back the ppi as when he applied he was self employed and feel that we would fully benefit (if at all) from this cover. At the time he was just told "ok, just sign here, here and here" with no explaination of the ppi, whether he needed it or benefit from it. Being in a hurry he just signed and left.

    Then, when he had a bad accident in 2006 and needed to claim he asked for a claim form and was sent a letter asking for proof that his business had ceased trading (ie IR letter) therefore he was unable to claim on this insurance.

    American Expressicon have refused to pay back the ppi premiums saying that he would have had "some cover" under the policy (what exactly!). If they are using self employment as a reason not to pay out then the PPI was most certainly mis-sold.

    I am unsure what to do next, do you think I should take it to the FSA or instigate court proceedings. The FSA as I understand it take a long time but on the other hand from reading some other posts Amex appear very aggressive in their dealings with people.

    Thanks

    Tink
    If you have not already done so my advice is send a Subject access requesticon to them withthe £10.00 fee.

    Amex will then have 40 days plus 2 for postage times to supply you with all the information you ask for:

    A true copy of the Consumer Credit Agreement with the terms and conditionsicon applicable at the time.

    Copies of all your statements.

    A copy of the needs and wants/customer duty of care questionnaire that should have been completed at the point of sale to ensure the product was suitable.

    Copies of all other data applicable to you as a data subject in whatever format they hold, paper, electronic, CS, microfiche etc.

    Data Protection Act 1998 - Subject access request

    If the fail to respond to your SAR or do not supply all the data then you can complain to the Information Commissioners Office.

    For the Information Commissioners office. (this is an option if the DSAR is not complied with)
    http://www.ico.gov.uk/upload/documen...ess_rights.pdf

    Information Commissioner's Office - Information Commissioners Office

    http://www.ico.gov.uk/upload/documen...lain_final.pdf

    Complaints - Information Commissioners Office

    Keep everything in writing and keep copies for future use.

    The Financial Ombudsman Service would IMO be the way to go with a complaint.

    The SAR should provide you will relevant paperwork to send to them with the complaint form.
    The fosicon route will take a long time but you should get a positive result in the end

    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

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    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.


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE