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:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Amex Ppi From 1994 To 2007

    Hi I have just recieved a SARicon pack back from Amexicon, in that there is a document to state that they had cover for me from 1994 to 2007, when the card was stopped as I have debt problems and CCCS are repaying them monthly.

    I am not sure what procedure to take with them to reclaim the payments made to them, especially considering that I have no recollection of the agreement to add PPIicon and the credit card had a running balance throughout the above period of between £3000 and £8900 - before it was terminated.

    I would appreciate any advice.


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    Default Re: Amex Ppi From 1994 To 2007

    Hi Intree

    I am only a novice myself and I'm sure someone more experienced will be along to offer advice in a while, but as far as I'm aware PPIicon tends to get added to credit cards when one phones up to get the card validated - this is when they tend to catch you unawares. This happened to OH with his two MBNAicon cards - he has no recollection of asking for PPI or being offered it when he took out the cards (at a football match and an airporticon). The one agreement we have (we are still awaiting the other), has no box for PPI. When we approached MBNA they said the PPI was applied after a telephone conversation and that they have no recording of this conversation.

    If you have your statements or a list of transactions you can begin the reclaiming process for the PPI if you believe you have grounds to prove it was mis-sold - most people seem to!

    There are stickies detailing the most obvious grounds for proving it was mis-sold.

    I'm not sure how far back you can reclaim for mis-sold PPI, although I beieve the general concensus is that you can claim back very old PPI if you have only just discovered it was mis-sold, so I can't see why you shouldn't try to get the full amount back!

    We have just discovered some very old loan documents in our loft and are going to give those a go.

    Hope this helps!

    Regards,

    Landy x


  3. #3
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    Default Re: Amex Ppi From 1994 To 2007

    Quote Originally Posted by intree View Post
    Hi I have just recieved a SARicon pack back from Amex, in that there is a document to state that they had cover for me from 1994 to 2007, when the card was stopped as I have debt problems and CCCS are repaying them monthly.

    I am not sure what procedure to take with them to reclaim the payments made to them, especially considering that I have no recollection of the agreement to add PPI and the credit card had a running balance throughout the above period of between £3000 and £8900 - before it was terminated.

    I would appreciate any advice.
    Did you get copies of all of your statements within your SARicon request?

    if not you should send them a non compliance letter and ask for the following documents....

    A true copy of your Consumer Credit Agreement with the terms and conditionsicon 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.
    a template letter on non compliance is here.....

    Data Protection Act - Non-Compliance - Template Letters

    hope this is useful to you

    aa

    PS Landy is on the ball with the advice

    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: Amex Ppi From 1994 To 2007

    Hi thanks for your kind advice Landy and Alanalana

    Just been looking through the statements they sent me and despite the fact that they send a document to confirm I had PPIicon insurance from 1994 to 2007, they have only sent statements from 2002 and I have no charges applied on them at all for PPI, so dont know if there were any charges before the 6 year limit - to which they will probably say they have no records!!!

    So will have to look further or drop this one I guess.


  5. #5
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    Default Re: Amex Ppi From 1994 To 2007

    Quote Originally Posted by intree View Post
    Hi thanks for your kind advice Landy and Alanalana

    Just been looking through the statements they sent me and despite the fact that they send a document to confirm I had PPIicon insurance from 1994 to 2007, they have only sent statements from 2002 and I have no charges applied on them at all for PPI, so dont know if there were any charges before the 6 year limit - to which they will probably say they have no records!!!

    So will have to look further or drop this one I guess.
    Before you decide not to proceed further it may be worth asking for statements from the start of your agreement. Records should be retained for a period of six years after the last transaction on your agreement but if the agreement is still live I would be insisting they give you copies of the complete history from day 1. If they fail to produce submit a formal complaint to the Information Commissioners Office (they have the power to enforce the release of information to you in line with the Data Protection Act 1998) Also send a copy to the Financial Services Authority and the Office of Fair trading.

    At least this way you may go have to retire having fired a broadside of complaints

    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.


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