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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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.

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  1. #1
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    Default single premium ppi?

    sorry to be a bit thick guys but ive read that single premium policies are not compulsory but we have 2 barclay loans with them on, i have tried to cancel them but they wont let us with out taking out a new loan, i have sent a letter asking to reclaim but im still waiting on their reply not sure what course of action to take really should i just take out the new loan? or wait and see what their response is? thanks in advance


  2. #2
    Site Team dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk's Avatar

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    Default Re: single premium ppi?

    no, they cannot force you to take out a new loan.
    NO PPIicon is compulsory, you're being led up the garden path.

    there are some very good guide threads on here at the top stickys.

    have a read.

    dx

    GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
    Credit Reference Agencies:Experian Equifax CallCredit <<<<CRA FILE INFO IS HERE<<<<

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan & Credit Card Charges Read Here
    4. The CAG Interest Tutorial Read Here
    5. Feel Bullied by Creditors or Debt Collectors? Read Here
    6. Staying Calm About Debt Read Here
    7. Thinking of a Full & Final Settlement? Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
    rather than hittting to be my friend - hit the star
    DX
    Siteteam

  3. #3
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    Default Re: single premium ppi?

    As dx states you can cancel in which case you should get a rebate and then you can claim all the payments you have made including the interesticon and also ask for the 8% statutory interest on top.

    Do not agree to another loan they can adjust the existing loan/s.

    If they refuse to cancel send a SAR asking for all the documentation..

    template letters here....Full SAR for ppi and also here....

    Data Protection Act 1998 - Subject access request

    Data Protection Act 1998 - Subject access request

    You should request the following documents:

    A true copy of your Consumer Credit Agreement with the Terms and Conditions that were applicable at the time you took the loan.

    Copies of all statements applicable to the loan.

    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 questionnaire... here is an example.

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

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

    Also have a look in these links for further help.

    PPI - Some Notes for Claimants..

    links within this one are loads more links here are a couple that may help..

    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

    THIS LINK IS IMPORTANT TO YOU ON RECLAIMING IT IS FROM 2001 FROM THE fosicon
    loan payment protection insurance and a quote from this link...



    When determining whether a policy is suitable, a seller – whether a lender or an agent for the insurer – must obviously take into consideration any information the prospective policyholder volunteers. However, we do not consider the seller’s duty is limited simply to recording what the borrower discloses. It is only by asking questions that the seller can properly determine suitability. These questions cannot cover every aspect of a borrower’s personal position and should not be expected to do so. To paraphrase the ABI Statement, only those matters deemed to be relevant by the insurer should be the subject of questions.
    have a good read through all of the stickies as dx suggests and also tap into a few threads to see how other caggers are fighting back.

    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: single premium ppi?

    thanks for the replys both i will update when i recieve a response and in the meantime get stuck into the stickys!!!:grin:


  5. #5
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    Default Re: single premium ppi?

    Alanalana - Can you please confirm that if you do cancel the PPIicon then the APR must stay the same as when you took the loan out?


  6. #6
    Site Team dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk's Avatar

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    Default Re: single premium ppi?

    you are not changing agreement, so they cannot change it.

    dx

    GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
    Credit Reference Agencies:Experian Equifax CallCredit <<<<CRA FILE INFO IS HERE<<<<

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan & Credit Card Charges Read Here
    4. The CAG Interest Tutorial Read Here
    5. Feel Bullied by Creditors or Debt Collectors? Read Here
    6. Staying Calm About Debt Read Here
    7. Thinking of a Full & Final Settlement? Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
    rather than hittting to be my friend - hit the star
    DX
    Siteteam

  7. #7
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    Default Re: single premium ppi?

    Quote Originally Posted by mangle101 View Post
    Alanalana - Can you please confirm that if you do cancel the PPIicon then the APR must stay the same as when you took the loan out?
    I would agree with this no new loan so apr remains the same unless of course they want to reduce it

    you are not changing agreement, so they cannot change it.
    Agree with dx again.

    Best to make life as difficult for them as they have been doing to you.

    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.

  8. #8
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    Default Re: single premium ppi?

    I would agree with this no new loan so apr remains the same unless of course they want to reduce it

    Agree with dx again.

    Best to make life as difficult for them as they have been doing to you.

    aa

    Thanks to you both for this information, was told that my APR would change from 8.9% to 18.9%! will get cracking on with this, cheers!


  9. #9
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    Default Re: single premium ppi?

    keep in touch mangle would be good to compare the replys we get i have again tried to cancel the agreements but they keep saying ive got to take out a new loan im expecting a reply about refunding the PPIicon so will keep posting on this.


  10. #10
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    Default Re: single premium ppi?

    curiously in cancelling our insurance in the loan, we are being sent out new papers to sign as the loan monthly payment is being reduced. the apr is remaining the same as is the term but she said in effect you are taking out a new loan so we have to sign a new agreement (we also will not have to pay for 3 months - Halifaxicon do this as std wth their new loans) is this right ?


  11. #11
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    Default Re: single premium ppi?

    Please Do Not Sign A New Loan Until You Have All The Facts

    Signing A New Loan Cancells Out The Old One And The Protection

    Unless Ime Mistaken It Should Not Be A New Loan But Getting You To Sign An Agreement To Modify The First

    Ie Same Agreement Minus The PPIicon

    Might Be Wrong But dont signicon Unles You Are Sure


  12. #12
    Site Team dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk's Avatar

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    Posts
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    Default Re: single premium ppi?

    my feelings are they're upto something sneaky...
    i'm SURE i've read here that no lender can MAKE you take out a new loan because you have cancelled the PPIicon attached to one.
    its it someone regs.

    but, i suppose that as long as the completion date, APR and repayments remain the same, then there are no issues, but in saying that, if nothing other than the monthly repayments are changing, then why is it necessary for them to do it?

    dx

    GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
    Credit Reference Agencies:Experian Equifax CallCredit <<<<CRA FILE INFO IS HERE<<<<

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan & Credit Card Charges Read Here
    4. The CAG Interest Tutorial Read Here
    5. Feel Bullied by Creditors or Debt Collectors? Read Here
    6. Staying Calm About Debt Read Here
    7. Thinking of a Full & Final Settlement? Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
    rather than hittting to be my friend - hit the star
    DX
    Siteteam

  13. #13
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    Default Re: single premium ppi?

    curiously in cancelling our insurance in the loan, we are being sent out new papers to sign as the loan monthly payment is being reduced. the apr is remaining the same as is the term but she said in effect you are taking out a new loan so we have to sign a new agreement (we also will not have to pay for 3 months - Halifaxicon do this as std wth their new loans) is this right ?
    as is the term (NO it is definately not right) This is the stick back to full term.

    we also will not have to pay for 3 months. This is to take your eye off the ball (This is the carrot)

    You do not have to take out a new loan. The old loan should remain but with the PPIicon element removed and the payments re-adjusted to reflect the removal of the PPI payments. Do not accept if they say the repayments will be reduced but not by the amount you would expect with the PPI removed. They may well use various arguments as in my fight but after the fosicon became involved the repayment figures on the loan were further reduced.

    Now if you sign a new loan agreement with the same term ie over the same length of time you would be committing to pay the full period of the loan again it may be the same APR but if you have paid say, 20 months of a loan over 60 months then you are basically committing to paying for 60 months again which extends the loan, when in fact you have already paid 20 months of your loan off.

    This is why you should not sign a new agreement the old one if adjusted to remove the PPI will in fact mean you will only have the remaining period of the loan to pay off and not a new extension to the lenth of the term ie back to to 60 months.

    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.

  14. #14
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    Default Re: single premium ppi?

    Quote Originally Posted by postggj View Post
    Please Do Not Sign A New Loan Until You Have All The Facts

    Signing A New Loan Cancells Out The Old One And The Protection

    Unless Ime Mistaken It Should Not Be A New Loan But Getting You To Sign An Agreement To Modify The First

    Ie Same Agreement Minus The PPIicon

    Might Be Wrong But dont signicon Unles You Are Sure
    ahh cheers dude, it could well be a document to modify the first agreement, but she was not clear on the phone, I will check everything and read the small print before the wife signs anything. Might well pop back in this thread to get some advice.

    If it is a new loan and the old one is cancelled, the new loan is the same apr and loan term and nothing has changed, if the wife did sign it, it will not affect any mis-selling claims going through I assume ?

    Thanks peeps.


  15. #15
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    Default Re: single premium ppi?

    Alanalana - thank you for your response too, I understand what you mean, my wife's been paying back the loan for 4 years of a 7 year agreement and the loan payments minus the PPIicon only went down from £269 to £262. Woman said that only £211 was left to pay on the insurance over the course of the loan. (Insurance and interesticon totalled around £4,500) I though it was bit low and there is no rebate coming back either (although I am using the fact that my wife was not told there was a pro-rata rebate for cancelling the loan on a single premium PPI as an example of mis-selling)

    Guess I will wait for the papers and Breakdownicon to come through in the post


  16. #16
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    Default Re: single premium ppi?

    just an update ive been sent new loan agreements but ive just ignored them and im still waiting on Barclaysicon response to my initial complaint regarding PPIicon. they reckon they didnt recieve them so ive had to start again from scratch and just filled in their why do you think youve been missold questionnaire how convenient!!!!!


  17. #17
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    Default Re: single premium ppi?

    Quote Originally Posted by ceri1234 View Post
    just an update ive been sent new loan agreements but ive just ignored them and im still waiting on Barclaysicon response to my initial complaint regarding PPIicon. they reckon they didnt recieve them so ive had to start again from scratch and just filled in their why do you think youve been missold questionnaire how convenient!!!!!
    I would send any future mail by recorded signed for delivery that way you can track through the Royal Mail online service. It costs a bit more but it cuts out the "WE DID NOT RECEIVE YOUR LETTER" as you will have proof of delivery.

    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.

  18. #18
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    Default Re: single premium ppi?

    another thing learned from this forum thanks again


  19. #19
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    Default Re: single premium ppi?

    ceri so to be hijacking your thread as such

    I have had the loan papers back from Halifaxicon, its a revised credit agreement, same APR, same term left. However they are still saying it will not resume until 3 months after they receive the signed papers back. ( I know they will charge interesticon on the loan during this period but a 3 month payment holidayicon would come in handy)

    does all this sound ok to you ? and I assume it will not affect my is-selling complaint for the PPIicon on this loan ?

    incidentally they have issued a new account number and stated the current loan account number as old on the papers, is this normal?


  20. #20
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    Default Re: single premium ppi?

    no worries pompey seems like were facing the same issue anyway, i did wonder though if they know something is wrong with the agreements and are trying to sort this out by asking us to enter into new agreements, all for the sake of cancelling the PPIicon?



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