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.

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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.

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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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  1. #1
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    Default Help with Reclaiming PPI

    Hello,

    i'm looking for some help with reclaiming PPIicon and i've had a look around this site but i can't find anything that is similar to my situation.

    I have had 4 loans (since 2002), with a particular financial organisation each time paying one off one loan with another, and as such i only have one loan at the moment.

    Because of the media coverage regarding mis-selling of PPI i looked at my agreement and discovered i had had PPI added to my loan which i did not know about and certainly did not need. I wrote and asked them to cancel it and refund the monies already paid. They refused to do so at first and sent me a copy of my agreement which had a tick in the box beside the i want to purchase PPI statement. However, my copy of the agreement did not have this tick so they reconsidered and refunded all the money paid to date, and removed this from my current loan.

    Now after looking at my previous agreements it seems that PPI has been added to each and every one of the loans i have had yet i knew nothing about this. No questions were asked no mention of this being optional or any alternatives offered. I wrote to the financial organisation and asked for all the PPI payments made for all these previous loans to be refunded and they are insisting that these were not mis-sold.

    I realise that i need to write to them again and from what i can see here i think i should be sending a SARicon to them however, i'm not sure which to send and how i make sure i get all the info they have regarding the PPI they added to my loan agreements and what more information will i get from them that will help me get my PPI payments back.

    sorry for rambling


  2. #2
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    Default Re: Help with Reclaiming PPI

    hello backincharge,

    Hello,

    i'm looking for some help with reclaiming PPI and i've had a look around this site but i can't find anything that is similar to my situation.

    I have had 4 loans (since 2002), with a particular financial organisation each time paying one off one loan with another, and as such i only have one loan at the moment.
    My situation is similar but all my refinancing loans were with the same bank. My own case is in my own thread which is linked in my signature at the bottom of my posts.

    Because of the media coverage regarding mis-selling of PPI i looked at my agreement and discovered i had had PPI added to my loan which i did not know about and certainly did not need. I wrote and asked them to cancel it and refund the monies already paid. They refused to do so at first and sent me a copy of my agreement which had a tick in the box beside the i want to purchase PPI statement. However, my copy of the agreement did not have this tick so they reconsidered and refunded all the money paid to date, and removed this from my current loan.

    Now after looking at my previous agreements it seems that PPI has been added to each and every one of the loans i have had yet i knew nothing about this. (do you still have the original copies of your agreements?) No questions were asked no mention of this being optional or any alternatives offered. I wrote to the financial organisation and asked for all the PPI payments made for all these previous loans to be refunded and they are insisting that these were not mis-sold.

    I realise that i need to write to them again and from what i can see here i think i should be sending a Subject access requesticon to them however, i'm not sure which to send and how i make sure i get all the info they have regarding the PPI they added to my loan agreements and what more information will i get from them that will help me get my PPI payments back.

    sorry for rambling
    Can you provide details for each bank ie name of bank, date the loan started the more information available the better. Be careful however not to post private details such as names, addresses, signatures, sort codes, account numbers, phone numbers.

    You are correct with the Subject access requesticon this is always the starting point. It helps you to get all the information before you start action.

    There is a template SAR here..

    Data Protection Act 1998 - Subject Access Request

    You can be specific with what data you request although the SAR is really asking for everything. The Statutory fee is £10.00 Postal Order is fine but keep the details of the number for future reference. Send all correspondence by at least recorded to be signed for so you can track delievery through Royal Mail.

    The things you should get from a SAR are:

    True copies of your Consumer Credit Agreements (CCA) with the terms and conditions that were applicable to the agreement at the time the loan started.

    Copies of all you statements.

    Copies of all correspondence with regart to the loan, letter, fax, transcripts of phone callsicon or transcripts of phone callsicon, or other notes taken by them during the calls.

    Also be specific in your request for full disclosure on any PPI added to the loans this should be identifiable on the CCA.

    Specifically request the needs and wants/Customer duty of care questionnaite which should have been completed at the point of stale. This questionnaire should be filled out by the bank advisor to ensure all the relevant questions have been asked to ensure the product is fit for purpose and suitable to your needs. See this as an example.....

    When you send your Subject Access Request you should ask for evidence of the questions asked at the point of sale.

    Please see this link for an example:.....
    http://wwwa.mbna.co.uk/insurance/files/CP0608_INSU_MB_LP_S.pdf


    The data requested should be data in any format that their organisation uses for filing, electronic, paper, microfiche, CD, Floppy, Magnetic tape.

    Please have a read through the following links for further information.

    PPI - Some Notes for Claimants..

    For claims before 2005 and the FSA ruling from which campaign
    How to tell if you’ve been mis-sold PPI

    Quick check: were you mis-sold? - How to tell if you’ve been mis-sold PPI

    Another useful site to help you reclaim missold PPI UPDATED 16 JUN 08
    Reclaim your PPI premiums - payment protection insurance | This is Money

    This is a little snippet from the above link....

    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 Ombudsmanicon Service will be able to consider these complaints. If you took PPI after January 2005, your claim is subject to the latest rules.
    All of the above and more in this sticky at the top of the forum.

    links

    It's a lot of reading but some useful stuff in there

    Hope this helps

    Homework first

    Then claim your money back

    a

    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.

  3. #3
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    Default Re: Help with Reclaiming PPI

    Thanks Alanalana,

    all my loans were refinancing loans too, and they were all with the same company - Blackhorse. From what i can gather from this forum they appear to be one of the more difficult to reclaim PPIicon from.

    I have all my original agreements and while i have already written and asked for the PPI to be refunded i have received the standard 'get lost' letters in response. They did cancel the PPI on my current loan and have refunded the payments made so this is not a problem it is the previous loans that i want the PPI refunded on.

    In all cases they were mis-sold primarily because i had no idea they had been added and if i had been asked any questions i would have explained about my employer providing generous sick pay and redundancyicon packages. I also had a previous medical condition at the time i took out one of the loans which, had i been asked about existing medical conditions, would have prevented me qualifying for PPI.

    I'll send the SARicon and get a look at just how much is to be refunded and take it from there.

    I'll keep you updated on any progress.


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    Default Re: Help with Reclaiming PPI

    Remember to put in your Subject access requesticon that you want the settlement figures used this is very important data to you.

    May i guide you to my thread which involves 9 loans refinanced into others you will glean useful info there

    Link below

    http://www.consumeractiongroup.co.uk...co-op-ppi.html

    On your current loan did they refund the total price of the PPIicon back into the loan and pay you back all the interesticon you have paid so far ?

    Regards

    PF


  5. #5
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    Default Re: Help with Reclaiming PPI

    Hi,

    Well the SARicon was sent to them on 15 May so 40 days is nearly up however, i received a letter from BH earlier in the week.

    I had forgoten all about having already written to asking for a refund of all the PPIicon payments made for my previous loan. The loan in question was taken out in Dec 2005 and paid off early when i refinanced to my current loan in May last year.

    I wrote to them at the start of the year because as they had cancelled the PPI on my current loan and refunded the payments made as a 'good will gesture' i thought why not. They did reply with a copy of the signed agreement showing a tick in the box requesting PPI, but my copy was not ticked, and i wrote back to them challenging the authenticity of their copy.

    Anyway i did not get any reply and forgot all about it and decided to send the SARicon after reading other posts onthis forum. However, i received a letter from them earlier this week .

    They have offered to cancel the PPI on the previous loan and refund the payments made and pay 8% statutory Interes as well as an additional compensation amount of 8% added to the sum as well.

    As you can imagine i'm extremely happy as i genuinely had forgotten all about the letter i had sent them. however, i'm a bit suspicious of their offer as it seems a bit coincidental that after i send a SAR to them they are happy to refund the PPI paid that particular loan loan. Why would they do that?

    Also, they have not provided me with a Breakdownicon of how they worked out the amount they are refunding me, they have just quoted the amount they are willing to pay, and i have to sign a declaration stating that i am prepared to accept the offer in full and final settlement of the issues i have raised and of any further claim against BH. before they will send the money to me.

    I have a couple of questions i was hoping somone could help me with,
    As their copy of the agreement was clearly altered after it was signed should i report it to the police and TS before signing away my right to take futher action and how do i work out exactly how much of a refund i should be receiving, if the loan was paid off early after 29 months, the PPI added to the loan was £2026.60 and interesticon was 7.9%?


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    Default Re: Help with Reclaiming PPI

    Sorry Pompeyfaith,

    i forgot to reply to your question,

    no they did not refund any interesticon when they cancelled the PPIicon on my current loan they just refunded the payments made, as a 'good will gesture'


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    Default Re: Help with Reclaiming PPI

    Can anyone offer any advice??


  8. #8
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    Default Re: Help with Reclaiming PPI

    i'm looking for some help with the next stage following my SARicon request.

    The 40 days have past and i've not received any documents from BH. What do i do now?

    Do i send them a letter reminding them they only had 40 days in which to reply to my SARicon or do i give them a bit longer?
    If i need to write to them again, can anyone help me compose or suggest a suitable letter to send them?

    I'd appreciate any help as i'm keen to reclaim the PPIicon and get back what i'm entitled.

    thanks


  9. #9
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    Default Re: Help with Reclaiming PPI

    Quote Originally Posted by BackinCharge View Post
    i'm looking for some help with the next stage following my SAR request.

    The 40 days have past and i've not received any documents from BH. What do i do now?
    Start with this... Data Protection Act - Non-Compliance - Template Letters

    Do i send them a letter reminding them they only had 40 days in which to reply to my SAR or do i give them a bit longer? See above
    If i need to write to them again, can anyone help me compose or suggest a suitable letter to send them? You need to make them aware that you are here with a claim and will be here with a claim until you get a satisfactory result.

    I'd appreciate any help as i'm keen to reclaim the PPIicon and get back what i'm entitled.

    thanks
    i'm looking for some help with the next stage following my Subject access request request.

    The 40 days have past and i've not received any documents from BH. What do i do now?

    Do i send them a letter reminding them they only had 40 days in which to reply to my Subject access request or do i give them a bit longer?
    If i need to write to them again, can anyone help me compose or suggest a suitable letter to send them?

    I'd appreciate any help as i'm keen to reclaim the PPI and get back what i'm entitled.

    thanks


    Stick to you timeframe they have failed to comply so it is off to the fosicon to let them deal with the issue.

    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.

  10. #10
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    Default Re: Help with Reclaiming PPI

    thanks AA,

    ill send the template letter off to them on monday.



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