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.
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 Express 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
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 Express 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 request 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 conditions 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.
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 fos 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
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.