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

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  1. #1
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    Default marks & spencer / barclay loan ppi???

    hi everyone thanks in advance so glad ive found this site what a mine of info!!! really nre to all of this, ive just recieved an offer from M & S after my first letter however the PPIicon refunded only goes from 2005 onwards the original loan was taken out in 1998 and then topped up a few times, ive sent a refusal letter to them asking for them to look at premiums from 1998 onwards, is that the right thing to do? and my other question is i have asked for barclys to refund a single premium ppi but i beleive these are more difficult any advice?


  2. #2
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    Default Re: marks & spencer / barclay loan ppi???

    Hello ceri,

    hi everyone thanks in advance so glad ive found this site what a mine of info!!! really nre to all of this, ive just recieved an offer from M & S after my first letter however the ppi refunded only goes from 2005 onwards the original loan was taken out in 1998 and then topped up a few times, ive sent a refusal letter to them asking for them to look at premiums from 1998 onwards, is that the right thing to do? and my other question is i have asked for barclys to refund a single premium ppi but i beleive these are more difficult any advice?
    Have you sent off a Subject access requesticon asking for all the data M&S have with regard to you?

    Do you have copies of the original Consumer Credit Agreements?

    If your loans with M&S go back to 1998 then you will need Copies of all the relevant statements. I am assuming there were several refinancing loans each with PPI attached.

    You will probably see from any statements that as one loan was refinanced by another there should have been a rebate on the PPI.

    In this case you will need the details of what was the monthly amount of PPI you were repaying on each loan and over how many months.

    The first thing is to gather all of the documentation.

    If you have not yet sent a SAR then I would advise you to do this. There is a statutory fee of £10.00 to send and there are template letters here....

    Full SAR for ppi

    Data Protection Act 1998 - Subject access request

    You should request the following documents:

    A true copy of your Consumer Credit Agreements with the terms and conditionsicon that were applicable at the time you took the loan.

    Copies of all statements applicable to the loans.

    Copies of all correspondence that apply to you as a data subject ie letters, emails, faxes etc.

    Copies of all recorded telephone calls or transcripts of the recordings.

    A copy of the needs and wants/ customer duty of care questionnaires... here is an example.

    http://wwwa.mbna.co.uk/insurance/files/CP0608_INSU_MB_LP_S.pdf

    Copies of any notes made by M&S staff in their dealings with you.



    It is also worth reading through the stickies at the top of the forum loads of advice in them.

    I have had a similar issue with RBS the link is in my signatureicon block at the bottom of this post.

    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.

  3. #3
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    Default Re: marks & spencer / barclay loan ppi???

    thanks alanana they have 10 days left to reply before i go to the fosicon so i will see what they offer if its reasonable then ill accept if not ill be going all the way and will then request a SARicon i have a fair idea of how much ive paid so i know what to accept thanks again


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    Default Re: marks & spencer help needed

    hi again all, just an upadate m& s have refunded money in to my loan account after i refused there first offer, they say that if i want to pursue other PPIicon in relation to refinancing loans then each claim should be separate, the other problem that i have is that im in the middle of requesting a SARicon but dont have the old account nos (when each loan was refinaced they gave me a new acc. number) and when i asked m&s for them they were unable to help and i wasnt allowed to speak to anyone in admin any ideas on how i get the old account nos so i can get on with my SARicon? thanks in advance


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    Default Re: marks & spencer / barclay loan ppi???

    just an update m & s have offered PPIicon refund back to 2002 which ive accepted as its a good sum so ill consider this a partial success however as m & s have stated that they want to treat each refinanced loan separately ill be taking the older ones to the fosicon to see if they can do anything


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    Default Re: marks & spencer / barclay loan ppi???

    Quote Originally Posted by leviculus_puella View Post
    just an update m & s have offered PPIicon refund back to 2002 which ive accepted as its a good sum so ill consider this a partial success however as m & s have stated that they want to treat each refinanced loan separately ill be taking the older ones to the fosicon to see if they can do anything

    Your bank may be able to help with your dilemma on accounts with m and s.

    It depends on how you paid the payments on the marks and spencer/ barclay loan ppi if it was from a current account from a different bank or even from Barclaysicon then they should be able to provide records of where the monthly payments were being made to, ie account, loan account etc.

    Just as they will have records of your direct debits for tv licence, council tax, water rates etc the bank will know where you money was going so just ask them.


    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.

  7. #7
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    Default Re: marks & spencer / barclay loan ppi???

    thanks aa i really never thought of that! do you think the fosicon will take a look at the older refinanced agreements even though ive accepted a sum for the first part of the loan ie the latest refinanced one. m&s did state that they would be looking at each agreement separately, they also say that prior to 2001 thet werent regulated so wont be upholding any complaint from this time but in my mind if it was missoldicon they should cough up my settlement is from 2002 onwards but the original loan was taken out in 1998



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