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.
I am trying to reclaim missold PPI from black horse and so far have sent the first letter which they rejected(shock) and a second stronger letter further outlining why it was missold. I am self employed and was told that i couldnt get a loan without it. Today I have tried to phone Black Horse to find out what is happening as they have not replied to my last letter despite it being nearly a month since they signed for it. Problem is that the phone at their end always goes dead, the number i am trying is 08448007915 does anyone have another number for them. And also maybe some advice for reclaiming the ppi.
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.
Copies of all your statements.
Copies of all correspondence with regard to the loan, letter, fax, transcripts of phone calls or transcripts of phone calls, 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.....
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.
It's a lot of reading but some useful stuff in there[IMG]file:///C:/DOCUME%7E1/Owner/LOCALS%7E1/Temp/msohtmlclip1/01/clip_image001.gif[/IMG]
Hope this helps
Homework first
Then claim your money back]
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
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.
Wow thanks that is a lot of reading but I have just about got through it. I am waiting to see what the second refusal letter says before considering my next move. Black horse were members of the FLA when my loan was taken out (2004) and I have let them know in my 2nd missive that I know that. There is no way that I will give up on this as it is a hefty sum that is being claimed. I appreciate all the help and advice given to me here, this site has given me the confidence to challenge the big boys.
Despite the fact that Black Horse claim to have sent another copy of the letter posted originally on 24th June I am still waiting for it to arrive. What if any advantage could they get from not ensuring that I recieve a reply?
I would just go ahead with what Alanalana suggested.
It doesn't do you any harm to send off the SAR now, and it does put you in a stronger position to proceed with your claim.
Send off the S.A.R now, If you know they've refused your claim then there's not really much point in waiting to hear that officially.
Your next step, if you are planning on continuing, would be the S.A.R anyway, so get it done now and cut out some of the waiting time. You've got nothing to lose (except a tenner).
The longer they delay the response the longer they've "fobbed you off for", eventually they're hoping you'll get bored and forget it.
Sending off the S.A.R will move your claim up to the next level and at least show Black Horse that you do mean business.
01/08/06- Royal Bank of Scotland - S.A.R sent 24/08/06- Royal Bank of Scotland - Statements Received 31/08/06- Royal Bank of Scotland - 1st Request sent 13/09/06- Royal Bank of Scotland - LBA sent 23/09/06- Royal Bank of Scotland - Offer received £1544 (Thanks but no thanks) 02/10/06- Royal Bank of Scotland - *WON* Full settlement
07/07/09- First Plus PPI - S.A.R sent 18/07/09- First Plus PPI - S.A.R received
22/07/09- First Plus PPI - Initial request sent
Finally a reply. Black Horse do not accept that the policy was mis sold but "as a gesture of goodwill" they are offering a more favourable rebate. My thoughts are that they know what the score is but my wife is worried that we will lose out by rejecting the offer. Advice please
side a pile of LTSB 'fob-off' letters struggling to get out!
Posts
2,398
Re: Black Horse missold ppi
Hi batman
My OH and I have had similar experiences with Lloyds TSB over PPI rebates/refunds. On two separate occasions they sent us each a letter rejecting our claims and offering us a 'more favourable pro rata' rebate than that which they say they applied to our loan balance when we cancelled the PPI.
We refused this on the grounds that we wanted a full refund as the PPI was definitely mis-sold. They claimed not to have received our letters responding to their 'refund' offers, which they say were sent to us on certain dates which didn't tally with any such letters we had received. They told us if we didn't respond within 7 days they would consider the matter closed.
All our letters have been sent recorded delivery and we know they did receive our responses, so we sent copies of the electronic proof of delivery from the RM website. At this point OH and I each got an identical letter saying they were not yet ready to give a final response and made no reference to any previous correspondence.
I firmly believe as sleepz says, that they use these tactics to fob us off in the hope we will just give up and go away. Some of the tactics they have used on our other old loan accounts are unbelievable The longer they can fob you off, the longer they feel they are winning - but they won't win in the long run - they will be charged by the fos for investigating each complaint and as the FOS are currently upholding up to 90% of PPI claims, chances are yours will be one of them! You just need to prepare yourselves for a long wait as the FOS has a huge backlog which is growing by the day.
We have now passed four of our six LTSB PPI complaints to the FOS as we were getting nowhere fast with the bank.
I personally wouldn't accept the pro rata rebate - if it's anything like those we were offered it is peanuts compared to what they should be offering you.
Good luck!
Regards,
Landy x
LTSB PPI on various loans (current/settled) - Refunded inc 8%
MBNA 1 Charges - Refunded inc CI
MBNA 1 PPI - Refunded
MBNA 2 Charges - Refunded inc 8%
MBNA 2 PPI - Refunded
MBNA 2 Accident Ins - Refunded
Swift Advances (settled) Mortgage Charges -Partially refunded
Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%
Sainsburys (settled) Loan PPI - Refunded inc CI +8%
Sainsburys (closed) Card Charges - Refunded inc CI + 8%
M&S Money (closed) Card Charges - Refunded inc CI
M&S Money (closed) Card PPI - Refunded inc 8%
Direct Line (settled) Loan PPI - Refunded inc CI + 8%
Just wanted to say, don't give up. I have just received a letter saying that they are upholding my complaint. That I am to get the full PPI with interest. They put the wrong date in the letters and tried to say that they had not received them, but I told them that they had received them because they were sent by recorded delivery.
I have been told that once I sign the acceptance offer, they will refund me in about 3 weeks time.
I started my complaint on the 22 May and never expected it to be resolved so soon. So I say NEVER GIVE UP, and DON'T let them get away with it.
Dont be put off taking it further if you do not accept there offer.
I would write and ask if this is there final offer and give them reasons why you do not accept.
Also add if it is there final offer you want a deadlock letter.
Once you have this go to step 2 the fos no need to rush this claim if you are not desperate for the money because the longer it takes them to cough up the right amount the more it is costing them in interest
I have refused my offer from the Co-op bank because it was dismal considering what I have paid.
My complaint is now with the FOS has been since December 08 and they are dealing with it now.
I will also add in all the fos cases i have heard of so far they all had the same result.
Return all PPI payments including any interest paid then add 8% simple interest from start of loan /or first credit card PPI payment to date of settlement.
Finally a reply. Black Horse do not accept that the policy was mis sold but "as a gesture of goodwill" they are offering a more favourable rebate. My thoughts are that they know what the score is but my wife is worried that we will lose out by rejecting the offer. Advice please
I would only accept a gesture of goodwill if it comes via the fos I was offered a gesture of goodwill and turned it down as they refused to add on the 8% statutory interest. I then complained to the FOS and got the interested added my refund went from £2.6k refused to £3.8k accepted.
It just took four months but folks are waiting longer now due to the massive volume of complaints the FOS are dealing with.
The satisfaction also came as each complaint to the FOS costs the bank a £500 fee payable to the FOS.
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
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.
Thank you for the support and replies. I will take up the advice given and work towards getting the PPI removed from the account and getting the full pay out to which I feel I am entitled. It is difficult sometimes to be patient and take what is offered originally because that seems a lot of money but of course it is only a percentage of what is rightfully owed by these companies.
Pompeyfaith this they say is their final offer so how do I go about asking for a "deadlock letter" They have sent me the complaints booklet from the fos so I assume that this is my next step.
Cheeky barstewards at Black Horse. We have continued to pay the monthly loan installment less the PPI which was cancelled in writing. Today we have recieved an arrears letter from them basically saying that we are not making the agreed monthly payment and charging us an extra £25 per month for "payment recovery activity charges" Just got off the phone to them and am steaming now but have resolved the fact that the PPI is well and truly cancelled. Phoned the FSA to give them the information re the extras the theiving t***s have tried to get and am happy to find that our file has been allocated to an adjudicator. By the time this is finished they will owe us an absolute mint. Where do they get off?
I have just realised that Black Horse are registering a default because they say that our monthly payment is not being made in full. This is because they are still expecting the PPI payment for the policy which has been cancelled 3 times in writing. They say that they have not had the signed legal form back from us which they have not sent to us. They are also adding a £25 collection activity fee every month. Our monthly payment without PPI should be £175 ish we are paying £200 and they are taking the p*ss. On top of this they are now refusing to honour our payment holiday of 1 month per year. This lot are the lowest form of life with the brain capacity of an amoeba.
Just my take on this but send them a letter before action....explaining exactly what they have done...and in respect of your adverse credit information that they have mistakenly placed you ak them to remedy within 7 days. If they don't then take them to court...
PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.
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