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 Hope someone can help

    Hello all

    Ok, so got a secured loan in Feb 06 through Paragon Personal Finance, through freedom finace! loan amount £11,000 lenght of time 108 months PPIicon £3190 period of cover 60 months total to be repaid £14,190

    Was told at the time of taking out loan that after 3 years of paying with no claims on the PPI i would get full refund of the PPI! I thought great sounds good. Called back about a year or so later and told no it would be after 5 years. Thought ok still not so bad. I called at the end of the month and was told i would get it back after 9 years. But the PPI was taken out through Freedom and not them and to call them. So i did and was told NO they where not doing insurance then and it would be Paragon. Called Pargaon again today and was told the same again that it would not of been taken out through them and because my loan was less than 10 years i was not entitled to get anything back from my PPI! I have all my paperwork from them, however the lovely lady from paragon said that because i dont have anything in writting about the cashback then well tough!

    Its funny because the lady on phone from Paragon was really nice until i mentioned PPI and she totaly changed!

    Im dying to call them back to inform them that freedom where not doing any PPI in 2006

    Any advice? do you think i can claim it back at all?

    Thanks in advance

    Alison


  2. #2
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    Default Re: Hope someone can help

    Hello Alison,

    Quote Originally Posted by alison010475 View Post
    Hello all

    Ok, so got a secured loan in Feb 06 through Paragon Personal Finance, through freedom finace! loan amount £11,000 lenght of time 108 months PPIicon £3190 period of cover 60 months total to be repaid £14,190

    Was told at the time of taking out loan that after 3 years of paying with no claims on the PPI i would get full refund of the PPI! I thought great sounds good. Called back about a year or so later and told no it would be after 5 years. Thought ok still not so bad. I called at the end of the month and was told i would get it back after 9 years. But the PPI was taken out through Freedom and not them and to call them. So i did and was told NO they where not doing insurance then and it would be Paragon. Called Pargaon again today and was told the same again that it would not of been taken out through them and because my loan was less than 10 years i was not entitled to get anything back from my PPI! I have all my paperwork from them, however the lovely lady from paragon said that because i dont have anything in writting about the cashback then well tough!

    Its funny because the lady on phone from Paragon was really nice until i mentioned PPI and she totaly changed!

    Im dying to call them back to inform them that freedom where not doing any PPI in 2006

    Any advice? do you think i can claim it back at all?

    Thanks in advance

    Alison
    Firstly keep everything in writing and keep copies of all correspondence sent and received. (phone callsicon can be denied and if they are recorded the recordings can be lost .

    Do you have a copy of the original Consumer Credit Agreement?
    If you do who is the agreement with paragon or freedom?
    If you do not have a copy you will need to obtain one by submitting a Subject access requesticon.

    Let me know and we can take it from there

    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: Hope someone can help

    Hi thank you for your reply

    I have a copy of the agreement which is stamp "certified a true copy"
    Everything is on Paragon paper and is signed by a paragon rep

    Alison


  4. #4
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    Default Re: Hope someone can help

    Quote Originally Posted by alison010475 View Post
    Hi thank you for your reply

    I have a copy of the agreement which is stamp "certified a true copy"
    Everything is on Paragon paper and is signed by a paragon rep

    Alison
    Your claim then IMO is with Paragon they signed the agreement and presumably your payments are going to them. They (Paragon) are trying this on with most claimants ie blaming the broker. I would stick with Paragon and if they fail to comply the complaint to the fosicon should in the first instance be against Paragon the Consumer Credit Agreement signatory.

    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.

  5. #5
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    alison010475 Novitiate

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    Default Re: Hope someone can help

    Thank you aa

    Thats what i thought,

    What should i do now? Should i cancell my PPIicon?

    Dont want to mess it up so any advice would be fab

    Alison


  6. #6
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    Default Re: Hope someone can help

    Quote Originally Posted by alison010475 View Post
    Thank you aa

    Thats what i thought,

    What should i do now? Should i cancell my PPI?

    Dont want to mess it up so any advice would be fab

    Alison
    I would take a step back here, firstly have you got copies of the terms and conditionsicon that were applied to the loan?
    These should give you all the information on the PPI terms in respect to any refunds after 3/5/9 years as you mentioned in your first post.

    I have all my paperwork from them, however the lovely lady from paragon said that because i dont have anything in writting about the cashback then well tough!
    The first thing to do is to send a Subject access requesticon and ask for all the information on the loan.

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

    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 conditionsicon that were applicable at the time you took the loan.

    A full breakdown on the PPI that was added to 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.
    I belive it is best to be forarmed before you start to claim.

    The SAR fee is a Statutory £10.00 Postal Order is best but keep the post office receipt which will have the PO number recorded.

    I would recommend you send it first class recorded that way you can track it through the Royal Mail online tracking system.

    Paragon will then have 40 days from the date of receipt to send you all the data you have asked for that is applicable to you as a data subject.

    Once you have the information then start the PPI reclaiming process. Keep copies of all correspondence both ways (you may need to produce copies of correspondence later) and do not be tempted in to using the telephone when you get their responses.

    It could be a long haul but their are no quick fixes on PPI reclaiming.

    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