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 LP v Capital One - PPI advice

    Hi All

    I was really looking for some help on trying to claim back my PPIicon from Capital Oneicon on a credit card I took out with them.

    I am being charged on a monthly basis for payment protection insurance and sure I was not given the choice to take it out or not.

    any suggestions on A) Whether it is worth pursuing and if so what my first step should be with this.

    Thanks in advance for your help.


  2. #2
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    alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana's Avatar

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    Default Re: LP v Capital One - PPI advice

    Hello LP,

    have a look at the following and you will need to do some reading and homework to get the idea of PPIicon and the associated issues.


    PPI - Some Notes for Claimants..

    All new posters this is **important**

    links within the links is a multitude of information on mis-selling of PPI, links to the relevant authorities, examples here but you will be better advise to take time and look through to get a better idea on the complexities of 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.
    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....

    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.

    When you send your Subject access requesticon 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

    FOS details of some PPI claims and the rulings
    issue 71 - complaints about payment protection insurance


    There is much much more to look at in here some links are more recent than others but all are still relevant.

    Post up any queries.

    Best to research, then prepare, then act once you are sure of the way to go

    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: LP v Capital One - PPI advice

    Thanks Alanalana.

    I will have a trawl through all of this very useful information and decide on my next step. The one thing I envisage having issues with if working out the money that may owed to me, as this was on a credit card over a number of years.

    In the meantime I will have a read and get back to you with any queries if that is ok?

    Thanks foer your help.


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    Default Re: LP v Capital One - PPI advice

    Alanalana.

    Very interesting stuff, I actually searched for Capital Oneicon bank on the FSA website and looked the fines imposed.
    One relates to PPIicon and the misselling of the product and not sending out policy documents.
    The site also quotes this:

    'Capital One proactively engaged in a substantial remediation programme to ensure that all customers who did not receive a policy document, including those who purchased PPI prior to the commencement of FSA regulation, have the opportunity to be recompensed. The cost of this programme, including potential premium refunds, has been estimated to be in the region of £1.1 million in relation to sales made after FSA regulation and £1.9 million before FSA regulation was introduced.' - I havent had any contact from Capital One whatsoever.

    It also gives reason as to how they misold the policies to people as well.

    Would you suggest this is worth mentioning in my first letter?





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