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)


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  1. #1
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    Default PPI claim rejected, help with response

    Hi,

    Santandericon have responded to a mis-sold PPIicon claim based on a pre-existing medical condition and would like some help in regards how to respond.

    This is what they said:

    "In your letter you have advised that you were not asked if you suffered from a pre-existing medical condition that would have made the policy unsuitable. How please understand that having an illness prior to the cover being taken out does not exlcude you from the insurance, this simply may mean that you cannot claim for this condition in future. This information is clearly detailed in you policy."


  2. #2
    Site Team dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk's Avatar

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    Default Re: PPI claim rejected, help with response

    i'd post this on the PPIicon forum

    dx

    GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
    Credit Reference Agencies:Experian Equifax CallCredit <<<<CRA FILE INFO IS HERE<<<<

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan & Credit Card Charges Read Here
    4. The CAG Interest Tutorial Read Here
    5. Feel Bullied by Creditors or Debt Collectors? Read Here
    6. Staying Calm About Debt Read Here
    7. Thinking of a Full & Final Settlement? Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
    rather than hittting to be my friend - hit the star
    DX
    Siteteam

  3. #3
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    Default Re: PPI claim rejected, help with response

    Yes indeed. I was meant to put it there but my brain in it's infinite wisdom clicked on store cards section.

    Can an adminicon move it please to PPIicon section.


  4. #4
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    Default Re: PPI claim rejected, help with response

    Thread moved to the PPIicon Forum

    Any advice I give is honest and in good faith.
    If in doubt, you should seek the opinion of a Qualified Professional.

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    Help keep it up and active, helping people like you.


    If you no longer require help, please do what you can to help others

  5. #5
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    Default Re: PPI claim rejected, help with response

    What they're basically saying is that a pre-existing medical condition will not render the policy useless as you would still be covered in most cases if you were made reduntant (for example, as long as that wasn't in relation to the pre-existing medical condition).

    You could maybe write back to them, thanking them for their response but add on something along the lines of

    "I reiterate that I believe I was mis-soldicon this policy because I was Suffering from a pre-existing medical condition that could affect my insurance and was not made aware of this by the salesperson at the time."

    If you’ve had medical problems in the past it's not enough to assume that you'll be able to claim a refund, the key point is whether, at the time of application, you were told this was an important part of the policy and were asked to disclose any past health issues. If you weren't asked to disclose any information, then you could have a valid case.

    Make sure you get all the information from them in the form of a S.A.R
    If you proceed with this without the signed contracts etc in hand and it turns out they did ask you, and you signed to acknowledge the fact, then you could be in trouble as far as fraud is concerned (im not saying that's the case, I don't even know if you've had your documents back from them, just be wary if you havn't).

    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

  6. #6
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    Default Re: PPI claim rejected, help with response

    Quote Originally Posted by idontknow123 View Post
    Hi,

    Santandericon have responded to a mis-sold PPIicon claim based on a pre-existing medical condition and would like some help in regards how to respond.

    This is what they said:

    "In your letter you have advised that you were not asked if you suffered from a pre-existing medical condition that would have made the policy unsuitable. How please understand that having an illness prior to the cover being taken out does not exlcude you from the insurance, this simply may mean that you cannot claim for this condition in future. This information is clearly detailed in you policy."
    anyone with policy details please post.

    I do not believe what I am seeing here.

    So you can have a pre existing medical condition which would not exclude you from having this insurance but Simply may mean that you cannot claim for this condition in the future.

    So you can have the insurance and you can have a pre existing medical condition which would not exclude you from having PPI insurance BUT but Simply may mean that you cannot claim for this condition in the future.

    Define future is this nanoseconds after you agree to the policy or weeks, months etc

    what a load of bullsh** IMO

    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.

  7. #7
    Site Team dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk Authoritative dx100uk's Avatar

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    Default Re: PPI claim rejected, help with response

    wriggle wriggle..........

    dx

    GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
    Credit Reference Agencies:Experian Equifax CallCredit <<<<CRA FILE INFO IS HERE<<<<

    1. Single Premium PPI Q&A Read Here
    2. Reclaim mis-sold PPI Read Here
    3. Reclaim Loan & Credit Card Charges Read Here
    4. The CAG Interest Tutorial Read Here
    5. Feel Bullied by Creditors or Debt Collectors? Read Here
    6. Staying Calm About Debt Read Here
    7. Thinking of a Full & Final Settlement? Read Here
    my views are my own...seek legal advice if ness
    NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
    - alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
    rather than hittting to be my friend - hit the star
    DX
    Siteteam

  8. #8
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    Default Re: PPI claim rejected, help with response

    This PPIicon claim are on accounts that have been paid off and closed for over a year if this makes a difference.

    I tracked down the insurers of the PPI and asked them if I could have information about pre-exisitng medical conditions. There stance was that I was able to have a medical condition but still claim for example if I broke my leg or was made redundanticon. My only problem is that this limited to what I could claim on as my condition is a form of arthritis.

    I asked if they could specify what is claimable with a pre-existing medical condition and they said to ask the creditor for the policy documents.

    If anyone has policy documents from GE Money could they look to see if it gives exclusions about what type of conditions are able to be claimed on. If it doesn't then i'm in a bit of a grey area.


  9. #9
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    Default Re: PPI claim rejected, help with response

    Quote Originally Posted by idontknow123 View Post
    This PPI claim are on accounts that have been paid off and closed for over a year if this makes a difference. ( you should IMO proceed to make a claim and if they try and fob you off complain to the fosicon - ensuring you send them copies of all the letters sent an received)

    I tracked down the insurers of the PPI and asked them if I could have information about pre-exisitng medical conditions. There stance was that I was able to have a medical condition but still claim for example if I broke my leg or was made redundanticon. ( and non of this is pre existing) My only problem is that this limited to what I could claim on as my condition is a form of arthritis. (which as a non medical trained person could be classed as a pre existing medical condition)

    I asked if they could specify what is claimable with a pre-existing medical condition and they said to ask the creditor for the policy documents. ( if the creditor has not provided the documents you should send a Subject access requesticon with the fee of £10 and specifically ask for copies of the Consumer Credit Agreement with the terms and conditions applicable to that agreement at the time it was entered into)

    If anyone has policy documents from GE Money could they look to see if it gives exclusions about what type of conditions are able to be claimed on. If it doesn't then i'm in a bit of a grey area.
    If you have not already sent a SAR then time to use one of these templates.

    Data Protection Act 1998 - Subject access request

    and another one here...

    Full SAR for ppi

    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 loan/cards.

    Copies of all statements applicable to the loan/cards.

    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 Link staff in their dealings with you.

    Make them do the work do not accept a simple fob off letter if you had pre existing medical conditions at the point of sale then the PPI was mis-sold to you and you should 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

    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.

  10. #10
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    Default Re: PPI claim rejected, help with response

    Is having a laugh at post 6 lol nicely put Alan

    PF



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