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 HSBC PPI question

    Hello everyone

    I am having problems with HSBCicon at the moment - due to dire changes in our circumstances OH & I have been advised to concentrate on paying our priority debts each month since April. We have sent pro'rata payment proposal letters along with a statement of our incomins/outgoings & unsecured debts to each of our creditors - some of which have been accepted so far & we've gone ahead and made the payments to all of them in the meantime to show willing.

    I have an HSBC credit card, overdraft and personal loan.

    HBSC are being really difficult with the credit card account (no reply from loan or overdraft) saying that the proposal is unacceptable. I replied using the follow-on template for such an eventuality. Rec'd reply yesterday stating that they are proceeding with normal collection procedures DCAs etc.

    If I make a CCA & PPIicon request on loan and c.c. will this make matters worse - although how I can't see...? Also would a Subject access request cover both of these eventualities? What kind of timescale am I looking at in needing to make these requests? I would be hoping in the case of PPI to make a hardship claim and believe we would meet the criteria from what I've read here.

    The PPI was definitely mis-sold on c.c as I was working as a temp with erratic hours at the time c.c was granted & despite numerous requests over the phone to cancel the PPI on the credit card over the years was advised that it could not be cancelled (as recently as 2007) .

    Looking back at old HSBC current account statements re: a previous HSBC loan taken out & cleared, I discovered had the loan insurance loaded as a single payment from my current account while in that same job, can I put in a claim for this too even though it's been paid off and I have through necessity now missed 3 payments on both present loan and c.c?

    Sorry to be so long-winded - I'd really appreciate any help out there please...

    Thank you


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    Default Re: HSBC PPI question

    Forgot to say - they have cancelled my credit card PPIicon saying that this does "not affect any claim that may alread be in place" - I did mention in my previous letter to them that it had been mis-sold to me a couple of weeks back. Can I still make a claim?

    Please anybody?


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    Default Re: HSBC PPI question

    Hello skeeks,
    Hello everyone

    I am having problems with HSBCicon at the moment - due to dire changes in our circumstances OH & I have been advised to concentrate on paying our priority debts each month since April. We have sent pro'rata payment proposal letters along with a statement of our incomins/outgoings & unsecured debts to each of our creditors - some of which have been accepted so far & we've gone ahead and made the payments to all of them in the meantime to show willing.

    I have an HSBC credit card, overdraft and personal loan.

    HBSC are being really difficult with the credit card account (no reply from loan or overdraft) saying that the proposal is unacceptable. I replied using the follow-on template for such an eventuality. Rec'd reply yesterday stating that they are proceeding with normal collection procedures DCAs etc.

    If I make a CCA & PPI request on loan and c.c. will this make matters worse - although how I can't see...? Also would a Subject access request cover both of these eventualities? What kind of timescale am I looking at in needing to make these requests? I would be hoping in the case of PPI to make a hardship claim and believe we would meet the criteria from what I've read here.

    The PPI was definitely mis-sold on c.c as I was working as a temp with erratic hours at the time c.c was granted & despite numerous requests over the phone to cancel the PPI on the credit card over the years was advised that it could not be cancelled (as recently as 2007) .

    Looking back at old HSBC current account statements re: a previous HSBC loan taken out & cleared, I discovered had the loan insurance loaded as a single payment from my current account while in that same job, can I put in a claim for this too even though it's been paid off and I have through necessity now missed 3 payments on both present loan and c.c?

    Sorry to be so long-winded - I'd really appreciate any help out there please...

    Forgot to say - they have cancelled my credit card PPI saying that this does "not affect any claim that may alread be in place" - I did mention in my previous letter to them that it had been mis-sold to me a couple of weeks back. Can I still make a claim?

    Please anybody?
    Firstly if you have a lot of loans and little income you could go down the road of the CCCS link here...CCCS - Free Debt Advice from the UK's Leading Debt Charity

    They will come up with a viable debt management plan and you can still claim your mis-sold PPI back but it will take a time. Better to get any prospective dcas of your back pay a sum back to your creditors based upon you income. This should make life a little less dramatic.

    In the meantime if HSBC has cancelled the PPI you must ensure that future statements do not include any PPI figures.

    If you want to claim back PPI already paid see the following information.

    I will post up my usual response to initial posts on the PPI. It gives you a bit of work to do in the field of research into the subject of PPI and reclaiming there is a mass of information available in the stickies and on other threads. Best to read up and prepare before action. It could be a long road.

    Subject access request is the way forward.

    Template letter 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 Conditions that were applicable at the time you took the cc.

    Copies of all statements applicable to the cc.

    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...


    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.
    Gather the information. make them do some work for the £10 Statutory fee which you have to send with your Subject Access Request.

    I hope this gets you started

    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