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)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
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  1. #1
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    Default PPI refund issue

    Hi
    I've been advised to post PPIicon issue here.

    I'm at present trying to sort out my other halves bank problems of which one being PPI.

    He took a loan out in April 2005 which had a PPI attached.

    A bit of background detail;

    Loan taken out £7500.
    PPI------£1770.
    £9200. paid into bank account on 15/04/05 then on the same date the bank took straight away £1770.

    I wrote to the bank giving them 8 weeks to refund the PPI + interesticon +8% or I would complain to FO that was on the 02/03/09.

    On the 29/04/09 the bank (HSBCicon) replied offering settlement. The settlement does quite Tally whilst it is a good one the figures don't quite add up!

    I've attached their response below.

    The other thing is I think the loan agreement is enforceable not sure though but part of the condition of the settlement is the bank uses the refund to paid to wards the debt The thing is in my eyes all they're doing is going round the house, one giveth & one taketh if you get my meaning.

    The other issue I have is the agreement. I have read the Credit Agreement-multi-agreements thread until my eyes watered but my agreement is not set out in the manner that thread speaks of plus the bank is offering a settlement but not admitting they mis-sold the PPI how would that effect the loan agreement e.g render the agreement unenforceable.

    Any help I would be grateful.
    Thanks

    Attached Files

  2. #2
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    Default Re: PPI refund issue

    As anyone any ideas it would be helpful for some feed back.

    Would it also help if I were to scan in the loan agreement?


  3. #3
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    Default Re: PPI refund issue

    As anyone any ideas it would be helpful for some feed back.

    Would it also help if I were to scan in the loan agreement?
    Yes if you can post up the agreement that would be fine remember to remove all your personal details, names, addresses, phone numbers, sort codes and account numbers, but leave in the figures.

    I believe you should be able to press them into refunding the PPIicon directly to you by way of a personal cheque as the PPI and Loan should be separate agreements.

    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.

  4. #4
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    Default Re: PPI refund issue

    Hi
    I've attached the agreement.

    This debt was initially sent to moorcroft whom I then requested the CCA. At the same time I put in a request to HSBCicon for the refund of the PPIicon.

    This is all becoming quite messy because I am also at the stage of filing with the court (once I've got the pennies) for a refund of bank charges.

    Originally DG solicitors sent me this agreement when HSBC were chasing for O/D confused I was.

    Then the debt which comprises of an O/D, CC & loan were all lumped together & finial demand sent. So it's taken a while trying to separate everything which looks something like this;
    Loan with HSBC/Moorcroft
    Credit Card with Capquest (non compliance of CCA issued today)
    O/D now at filing with court stage.

    The agreement was sent by DG solicitors & Moorcroft but only P1.
    Lucky for me I have page 2.

    Hope this sort of gives a better picture.
    Thanks for replying

    Attached Files

  5. #5
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    Default Re: PPI refund issue

    Hi
    I've attached the agreement.

    This debt was initially sent to moorcroft whom I then requested the CCA. At the same time I put in a request to HSBCicon for the refund of the PPIicon.

    This is all becoming quite messy because I am also at the stage of filing with the court (once I've got the pennies) for a refund of bank charges.

    Originally DG solicitors sent me this agreement when HSBC were chasing for O/D confused I was.

    Then the debt which comprises of an O/D, CC & loan were all lumped together & finial demand sent. So it's taken a while trying to separate everything which looks something like this;
    Loan with HSBC/Moorcroft
    Credit Card with Capquest (non compliance of CCA issued today)
    O/D now at filing with court stage.

    The agreement was sent by DG solicitors & Moorcroft but only P1.
    Lucky for me I have page 2.

    Hope this sort of gives a better picture.
    Thanks for replying
    IMO the CCA would be enforceable as the loan figures and PPI figures are separated. (But I would pop into this forum and post up again for additional advice).......Is My Agreement Enforceable - Useful

    You should continue to reclaim the PPI and go via the fosicon or Court.

    The other issues with regard to the DCAs you will need to get further advice here....debt collection Industry

    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

    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.

  6. #6
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    Default Re: PPI refund issue

    Hi
    Thanks for the help.

    However the offer from HSBCicon re PPIicon looks so-so BUT when I tried to calculate figures using the PPI calculator the figures were different, not sure if I used it right though (maths was never my strong point especially when using spread sheets).

    I will post on the 'debt advice' re agreement.

    Many thanks again.



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