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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Thread: Advice needed

  1. #1
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    Billy55 Novitiate

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    Default Advice needed

    I would like to bring PPIicon claims against GE Capital, Marbles, CITI and Barclaycard for cards taken out between 2000 and 2005. I don't remember having a discussion about whether the PPI insurance was what I needed, prior to it being added to my account.

    Will this be sufficient to make a claim or do I need to have tried claiming on the PPI without success before I will claim for mis selling?


  2. #2
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    Default Re: Advice needed

    Hiya Billy,

    No you do not have to try and claim first, being mis-sold a policy can have many reasons.

    Some of which are below:-

    1 You were not in work or self employed at the time of sale

    2 You were told that you had to take the PPIicon out at the same time as the loan or not at all

    3 You were not asked whether you had any other insurance which would cover the loan

    4 You were not told you could buy PPI elsewhere to cover the loan

    5 You were sold a policy which had age restrictions which you fell outside of

    6 You were led to believe that Payment Protection Insurance was compulsory

    7 You were told that you would stand more chance of getting the loan if you took the Payment Protection Insurance

    8 It was not explained to you that there were certain exclusions within the policy that could affect you

    9 You were pressured into buying the PPI

    10 You paid upfront for the PPI but it was not explained that there were some PPI policies where you could pay monthly

    11 Your PPI was an upfront premium and you repaid the loan early and received no refund

    12 You increased your loan and the PPI was increased automatically

    13 The Terms & Conditions of the small print were not fully explained to you

    As your claims are for PPI attached to credit and/or store cards you will need all the statements for each to work out what you paid and what the interesticon rate was at the time because its a sure bet the PPI was added before interest was so you want this back too.

    To do this you will need to send a Subject access requesticon LETTER to each of the card companies unless of course a company owns two cards then one S.A.R will do.

    To do this it will cost you £10 for them to search their records and archives this fee is statutory as laid down by the data protection act 1998.

    I would also suggest sending all S.A.R letters recorded delivery at least and get a receipt.

    You have to allow 40 days this is also statutory so mark a calendar or add a note to your mobile phoneicon the day you sent it, it is 40 calender days not business days.

    Link to the S.A.R letter below just edit to suit your needs.

    http://www.consumeractiongroup.co.uk...5-sar-ppi.html

    Will also be a good idea for you to read the notes at the top of this forum in the stickys.

    Good Luck

    Regards

    PF


  3. #3
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    Billy55 Novitiate

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    Default Re: Advice needed

    ok, thanks. Is there any reason why I can't combine a request for a refund and a Subject access requesticon in one letter?


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    Default Re: Advice needed

    Yes because you are making the request for them to supply all the data they hold on you like statements etc and until you have this you cant make a claim.

    You need to know how much you are claiming first, do not rely on them to make the calculations as they will get it wrong remember they are in business to make money not give it away.

    Do your own calculation first them claim if you need help to do that we are here.

    Regards

    PF


  5. #5
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    Billy55 Novitiate

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    Default Re: Advice needed

    ok, thanks - I will get the SARicon off tomorrow! Any idea how long these claims are taking from start to finish, also should I go Ombudsmanicon route or just lbaicon and then issue


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    Default Re: Advice needed

    How long is a piece of string some claims take 8/10 weeks some take months nearly 12 in my case.

    If you reach deadlock with the bank then you can go via fosicon but the bank has to take the complaint on first

    Currently the FOS is taking 9/12 months to resolve cases due to the high demand having said that though they do uphold nearly 90% of cases in the claimants favour.

    The Court route ay be quicker but there is no guarantee the judge will find in your favour also if you go the court route first that is final as the FOS cannot over rule a judges verdict.

    Regards

    PF



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