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.
could do with the template / a good starting point letter for the 1st demand for a refund. I have seen it here somewhere ? Is it up there in the pinned section ? Cheers PF for all your help so far
Right see if any of this is of use to you it is the gist of what i put in my first letter just edit anything you dont want
You can add your own reasons for being mis-sold as mine where Medical
You will find the reasons for being mis-sold in the stickys at the top of PPI Forum.
Re:Complaint and request for return of Payment Protection Insurance premium and contractual interest.Account no:
Dear Sir or Madam,
During our many years with you as customers we have had quiet a few personal loans one of which is still ongoing.
I now realize following the recent OFT and FSA investigations, that you mis-sold me these insurance policies on the grounds of a pre-existing medical condition which clearly states in your terms and conditions under section 9:-
I will also point at no time was I ever asked if I had any pre-existing medical conditions
When I took out the loans, I was not told that it was optional and I could buy my insurance needs elsewhere. I was also never asked any question to find out if the said policies where suitable.
In forcing me to buy these policies, you have also breached paragraph 8.6 of the Banking Code, to which you are a signatory
I am writing to ask you to refund the premiums paid for all policies held with you together with interest equal to your APR at the time less any under the accepted principle of mutuality and reciprocity.
Your responsibilities
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.
I am frankly shocked that you have operated my loan account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.
No attempt was made to ascertain if the product provided was fit for purpose, suitable for my needs or if indeed if I really needed it at all.. Nor were any rights to cancel explained. I believe you manifestly failed in your fiduciary responsibilities, your duty of care.
Finally I believe insurance contracts are contracts (contracts of the utmost good faith) which imposes on you a “duty of disclosure of all material facts because one party is in a strong position to know the truth, I believe that you should have disclosed to me that the type of policy you sold me, a single payment premium, did not give a pro-rata refund in event of early settlement. I believe you should have made it clear to me that the policy generated large profits for you. You failed to do this. I believe that you have also therefore failed in your duty of disclosure. Your failure to disclose is misrepresentation at common law.
Your concealment of the act of mis-selling has prevented me from asserting my right until now. I believe that there are strong grounds for action against you under common law, statute and consumer regulations.
My targets to resolve this matter
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.
If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that this time frame is sufficient for a large company such as yours with its dedicated staff and departments. After that, there will be no further communication from me and I shall issue a Complaint to the OFT and/or FSA and possibly issue a Court claim at the expiry of the second deadline with the county court
You Claim Both Contractual As That Was The Rate They Charged You + Statutory 8% Simple As They Have Denied You That Money So Its Only Right You Should Be Compensated.
So it is thus: £5,666.38 + 8% Simple comes to £6119.69.
do not sign just print name when i sent mine i used a digital signature there are many good sites that have free digital signatures you just print your name on the site and it then comes back with a load of digital signatures then you just copy and paste that onto your word doc.
Anymore
thread does not have any highlighted threads at the moment but im still here if anyone needs PPI help.
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