Patricia Pearl - Small Claims Procedure - A Practical Guide


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BAILIFFS - The Law and Your Rights

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  1. #1
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    Default loan / ppi issue

    Hi All - Newbie here wanting some advice.

    Approx 2 years ago i took out a loan with Barclaysicon for12k, the loan was granted even though I am only on benefits and stated that i have no employment, the loan also had PPIicon added which was just to cover the loan in the case of my demise.

    2 questions - firstly can i reclaim my PPI (im sure i can but would just like confirmation)?

    2nd question and more interesting - should this initial loan have been granted if the only way im repaying it is through my benefits and if not what recourse do i have.8)

    Thanks in advance


  2. #2
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    Default Re: loan / ppi issue

    Hello remeo,

    Quote Originally Posted by romeoliverpool View Post
    Hi All - Newbie here wanting some advice.

    Approx 2 years ago i took out a loan with Barclays for12k, the loan was granted even though I am only on benefits and stated that i have no employment, the loan also had PPI added which was just to cover the loan in the case of my demise.

    2 questions - firstly can i reclaim my PPI (im sure i can but would just like confirmation)?

    2nd question and more interesting - should this initial loan have been granted if the only way im repaying it is through my benefits and if not what recourse do i have.8)

    Thanks in advance
    From your post.
    First question, yes IMO mis-sold.
    Second question, you should not have been offered the loan if on benefits.

    Here is some homework and help. Please read through the links anything you are unsure about just post. It is important that you read up before you start to reclaim your money.

    The Subject access request this is always the starting point. It helps you to get all the information before you start action.

    There is a template here Subject access request and here..

    Data Protection Act 1998 - Subject Access Request

    You can be specific with what data you request although the Subject Access Request is really asking for everything. The Statutory fee is £10.00 Postal Order is fine but keep the details of the number for future reference. Send all correspondence by at least recorded to be signed for so you can track delievery through Royal Mail.

    The things you should get from a Subject Access Request are:

    True copies of your Consumer Credit Agreements (CCA) with the terms and conditions that were applicable to the agreement at the time the loan started. A true copy does not have to bear the signatures.

    Copies of all you statements.

    Copies of all correspondence with regart to the loan, letter, fax, transcripts of phone callsicon or transcripts of phone callsicon, or other notes taken by them during the calls.

    Also be specific in your request for full disclosure on any PPI added to the loans this should be identifiable on the CCA.

    Specifically request the needs and wants/Customer duty of care questionnaite which should have been completed at the point of sale. This questionnaire should be filled out by the bank advisor to ensure all the relevant questions have been asked to ensure the product is fit for purpose and suitable to your needs. See this as an example.....

    When you send your Subject Access Request you should ask for evidence of the questions asked at the point of sale.

    Please see this link for an example:.....
    http://wwwa.mbna.co.uk/insurance/files/CP0608_INSU_MB_LP_S.pdf

    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...

    Quote:
    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.
    The data requested should be data in any format that their organisation uses for filing, electronic, paper, microfiche, CD, Floppy, Magnetic tape.

    Please have a read through the following links for further information.

    PPI - Some Notes for Claimants..

    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

    Another useful site to help you reclaim missold PPI UPDATED 16 JUN 08
    Reclaim your PPI premiums - payment protection insurance | This is Money

    This is a little snippet from the above link....

    Quote:
    Can I reclaim on any PPI policy?
    Your claim for compensation is dependent on when you took the insurance. PPI sales only came under the jurisdiction of the FSA on 14 January 2005. Any sales made before then are not covered by the latest rules.
    However, it may still be worth complaining to your lender if you feel you have been mis-sold. If you bought before January 2005 it is likely that they will have been covered by a previous regime of rules. This means that the Financial Ombudsman Service will be able to consider these complaints. If you took PPI after January 2005, your claim is subject to the latest rules.
    All of the above and more in this sticky at the top of the forum.

    links

    It's a lot of reading but some useful stuff in there

    Hope this helps

    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: loan / ppi issue

    my daughter took out a loan and PPIicon she lost her job so got in touch with the bank were she got the loan from and asked about her ppi they said it had run out but the ppi was still been taken out of her bank by dd she as now reduced her dd by 6 pound due to this there was no notification about her ppi not been active can she get her money back thanks


  4. #4
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    Default Re: loan / ppi issue

    Hello tigerbar,

    Quote Originally Posted by tigerbar View Post
    my daughter took out a loan and PPIicon she lost her job so got in touch with the bank were she got the loan from and asked about her ppi they said it had run out but the ppi was still been taken out of her bank by dd she as now reduced her dd by 6 pound due to this there was no notification about her ppi not been active can she get her money back thanks
    To save any confusion please read the site rules and start your own thread this will prevent any confusion with posts in existing threads.

    You will have your own area where any questions and advice will be more easily posted and advised on by the members of the site.

    http://www.consumeractiongroup.co.uk...ewthread&f=111

    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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    Default Re: loan / ppi issue

    Thank you Alanalana, i'll have a good read & get back to you if I have any further questions.
    Thanks again


  6. #6
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    Default Re: loan / ppi issue

    Ok, Ive had a good read through everything and it looks like I have definately been mis-sold PPIicon. Can you please inform me of the address where the initial PPI letter should be sent.

    With thanks.


  7. #7
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    Default Re: loan / ppi issue

    Barclaysicon
    Retail Banking customer relations
    Leicester
    LE87 2BB

    this is the address from a PPIicon complaint im involved with if this helps good luck


  8. #8
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    Default Re: loan / ppi issue

    Thank you Ceri1234, I will get that on my letter straight away.

    With thanks


  9. #9
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    Default Re: loan / ppi issue

    Hi All

    Quick update with a sting in the tail:

    Letter received at the end of last wk stating that the PPIicon will be refunded

    Letter received this w/end stating that my account is to be closed

    Ok, couple of questions, firstly would the fact that they are now intending to close my account be seen as a retalitory action as Ive never had a problem with the account ie never been over my o/draft facility and have basically run my account in good order, should I be sending an appeal letter and also stating that i will report them to the FSA should they proceed with this tactic?

    Secondly whats peoples feelings on this initial loan being granted, should it have been, seeing as when i originally applied I was unemployed and receiving only benefits. The bank was fully aware of this yet still granted the loan knowing that all repayments would be coming direct from my benefits???

    Any advice would be greatly appreciated


  10. #10
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    Default Re: loan / ppi issue

    Quote Originally Posted by romeoliverpool View Post
    Hi All

    Quick update with a sting in the tail:

    Letter received at the end of last wk stating that the PPIicon will be refunded

    Letter received this w/end stating that my account is to be closed

    Ok, couple of questions, firstly would the fact that they are now intending to close my account be seen as a retalitory action as Ive never had a problem with the account ie never been over my o/draft facility and have basically run my account in good order, should I be sending an appeal letter and also stating that i will report them to the FSA should they proceed with this tactic?

    Secondly whats peoples feelings on this initial loan being granted, should it have been, seeing as when i originally applied I was unemployed and receiving only benefits. The bank was fully aware of this yet still granted the loan knowing that all repayments would be coming direct from my benefits???

    Any advice would be greatly appreciated
    Yes this is undoubtedly a retaliatory to close your account the response byand you should report it to the OFT, FSA and as such the report should be reported as widely as possible.

    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.

  11. #11
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    Default Re: loan / ppi issue

    Thank you Alanalana for confirming this.
    Also do you have any comments regarding the initial loan & should it of been granted.

    With thanks


  12. #12
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    Default Re: loan / ppi issue

    Bump.


  13. #13
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    Default Re: loan / ppi issue

    Hi all,

    Please can anyone help me with below, just composing a letter to Barclaysicon to ascertain what the eligibly criteria was when assessing myself for the granting of a loan (was on benefits when granted.) Can anyone advise me on any legal information or templates I should be including.

    With thanks



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