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.
First of all, I would like to thank this site and its contributors for all the invaluable advice offered. Without it, I would not have achieved the positive result so expediently and quickly.
First of all, a brief outline of my case:
I took a flexible loan online for £12k with Cahoot in 2004 (Apr 5.9%). I filled out an online questionnaire and they claimed I clicked a box stating I requested PPI. They sent out the agreement letter outlining the terms, but no where on the letter did it state that I had PPI.
I duly started making the repayments via direct debit. I would check my account online from time to time to see how the account was going. I noticed they hiked the interest rate dramatically after the first year, and in the end, the rates where 17.9% APR. Basically, I did not pay enough attention to my online account, only looking at my payments instead of looking into the statement Breakdown, which was hidden several pages in online.
I paid off the loan in 2009, and I queried the final interest payment. It was only then that I discovered the payment breakdown on the statements which showed I was paying PPI I was not aware of.
I phoned Cahoot explaining what had happened, and they tried to brush me off saying I clicked a box online and they sent emails confirming that I had PPI.
I came across this site, and saw a case which was almost identical to what I was going through. They were successful in their claim, so I observed what they had done, and did the same.
The process was:
1. The acquisition of information on your account. They are legally obliged to send you all details regarding your account (Payments, forms filled in, etc, etc) for a fee of £10. I sent a letter requiring this information, they replied with statements and my loan agreement letter.
2. The mis-selling of PPI letter. This is a letter outlining reasons why a policy could be mis-sold. I will post a link to the template letters I found here and elsewhere. This outlined my case for mis-selling of PPI and my request for repayment of premiums plus (8%) interest.
3. They replied with a detailed questionnaire they wanted me to fill in.
(They wanted details such as income, whether I had any other policies, dependents, etc). I ignored this questionnaire and left it blank and replied stating that they should have had all that information when I supposedly took out the PPI in the first place.
4. They now reply saying they have UPHELD my claim and they are repaying my premiums plus 8% interest. This amounted to over £4,000. RESULT!!!!!
Again, thanks to all contributors especially Alanalana, and if I can be of help, I will be happy to do so.
Can I add a won to your thread title or will you wish to wait until you have the money in your wallet.
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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.