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.

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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.

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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.

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  1. #1
    mkb mkb is offline
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    Question Who to apply to.....

    2007, we got a secured loan through Freedom Finance which had PPIicon which I believe was mis-sold given that I am disabled & have been for many years.
    The only documents I have are the ones below & we have so many questions!

    a) Which company to apply to - GE Money as they are the ones we pay each month, Freedom Finance as they brokered the loan.
    b) The PPI covers both of us under the single policy so how would we deal with that
    c) Can we cancel OH's cover since it is no longer suitable for his needs
    d) Would any claim be for both parties or just mine

    Please help!!!
    http://img17.imageshack.us/img17/533...comeletter.jpg
    http://img12.imageshack.us/img12/273...eunsecloan.jpg
    http://img17.imageshack.us/img17/623...cyschedule.jpg


  2. #2
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    Default Re: Who to apply to.....

    Quote Originally Posted by mkb View Post
    2007, we got a secured loan through Freedom Finance which had PPIicon which I believe was mis-sold given that I am disabled & have been for many years.
    The only documents I have are the ones below & we have so many questions!

    a) Which company to apply to - GE Money as they are the ones we pay each month, Freedom Finance as they brokered the loan.
    b) The PPI covers both of us under the single policy so how would we deal with that
    c) Can we cancel OH's cover since it is no longer suitable for his needs
    d) Would any claim be for both parties or just mine

    Please help!!!
    http://img17.imageshack.us/img17/533...comeletter.jpg
    http://img12.imageshack.us/img12/273...eunsecloan.jpg
    http://img17.imageshack.us/img17/623...cyschedule.jpg

    Firstly your first link does not appear to be working.
    Looking at the latter two links it appears that Genworth financial point you back towards Ge to make any changes to the PPI policy therefore I would suggest you pursue GE for the repayment of mis-sold PPI it is clear that Genworth are pointing you towards GE for any amendments to the PPI cover.

    GE will no doubt wash their hands of this and call foul and point you to the broker and if that happens then the fosicon or the Courts should make the decision.

    Please try and reload the first link in your post so I can have a look.

    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
    mkb mkb is offline
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    Default Re: Who to apply to.....

    Hi aa

    Link hopefully now working.

    http://img18.imageshack.us/img18/533...comeletter.jpg

    Will the fact that the policy was for joint names make any difference when it comes to being repaid? I would expect them to ultimately agree to repay one half but welcome your thoughts on this whole claim with any pointers towards a successful outcome!


  4. #4
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    Default Re: Who to apply to.....

    Quote Originally Posted by mkb View Post
    Hi aa

    Link hopefully now working.

    http://img18.imageshack.us/img18/533...comeletter.jpg

    Will the fact that the policy was for joint names make any difference when it comes to being repaid? I would expect them to ultimately agree to repay one half but welcome your thoughts on this whole claim with any pointers towards a successful outcome!
    Thanks for re-posting the first link from your first post.

    For me the first line of the letter says it all.

    Welcome to GE Money home lending payment protection. (That's the first point) It then goes on to say that GE Money home lending payment protection is underwritten by etc etc. (that's the second point)

    IMO you should go after GE on this one. They are stating that any queries on the policy should be directed to them and not the underwriters ( in a way they are accepting the responsibility of the PPIicon with this statement IMO) As it was a joint policy both persons named on the CCA should sign any letter making a claim for mis-selling. It may however turn out that only one party is named as the insured on the policy but if the CCA bears both signatures then I believe it would be wise for both signatories to sign any letter claiming mis-selling.

    Again Freedon Finance my have brokered the loan but it appears that GE are suggesting any problems with the PPI policy contact them directly and not Freedom Finance. So you now claim the PPI policy was mis-sold you are just following their instructions and contacting them directly as per the link above.

    Hope you see my point here. If you do and they do not then maybe the fosicon will

    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.

  5. #5
    mkb mkb is offline
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    Default Re: Who to apply to.....

    Thanks aa - a goldmine of info as usual

    The PPIicon covers both of us under the single policy so how would we deal with that so should we cancel OH's cover since it is no longer suitable for his needs or would the claim be for the entire policy being mis-sold?
    Sorry if I'm being thick but I'm not having a great day today bacause of pain


  6. #6
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    Default Re: Who to apply to.....

    Quote Originally Posted by mkb View Post
    Thanks aa - a goldmine of info as usual

    The PPIicon covers both of us under the single policy so how would we deal with that so should we cancel OH's cover since it is no longer suitable for his needs or would the claim be for the entire policy being mis-sold?
    Sorry if I'm being thick but I'm not having a great day today bacause of pain
    Good question

    I am in a similar situation with Liverpool Victoria. Loan in joint names but I was the named party for PPI cover ie I had to be Ill to be able to submit a claim but of course they did not ensure that the policy was suitable. I have a 40% War disablement pension which would have precluded me from making a claim so I go for mis-selling of the PPI on the loan in both of our names.

    Would your PPI policy have covered either one of you if you had become ill, made redundant or is there a person name as the main claimant.

    If the policy covered both of you in exactly the same way for whatever illness, redundancyicon, etc etc then IMO I would suggest the policy should be classed as invalid for both if it was invalid for one of you through disability ie pre existing medical conditions.

    At the point of sale if the PPI is covering both parties in exactly the same way ie jointly named for all of the benefits of the policy and thereby all of the exclusions of the policy then it was clearly mis-sold in sofar that:

    Would the cost of the PPI have been lower if only one person had been covered and if the answer is yes and they did not ask relevant questions on pre existing medical conditions but just assumed both parties would be covered and that then boosted the cost then it was clearly mis-sold.

    This is how I see it but of course I am not fully familiar with all of your details.

    Hope this has helped

    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
    mkb mkb is offline
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    Default Re: Who to apply to.....

    Reading the Policy Schedule, the costs & benefits(!) are equal for both of us so I've just done the SARicon to find out all payments to this policy then I'll go for mis-sellingicon of the entire thing - that gives us the option of compromising if they're going to pay out any quicker if we agree to that



  8. #8
    mkb mkb is offline
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    Default Re: Who to apply to.....

    SARicon back today by Special Delivery and only 45 days after requesting it!! Guess they didn't want me complaining that they hadn't complied within the time scale

    http://img6.imageshack.us/img6/9605/secloan.jpg

    As you can see, the space for signing for PPIicon was stamped 'Sign Here' so as well as not covering cos of existing conditions, I think we have a case for not knowing there was a choice of not having it

    I don't know what portion of the monthly repayment relates to the PPI so have no idea how to calculate the refund I need to demand
    The lack of separate figures makes me think this is a multiple agreement but don't know what to do if this is the case.

    Please can you help?


  9. #9
    mkb mkb is offline
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    Default Re: Who to apply to.....

    Just updating really....PPIicon letter received by GE on 16/09 & 2 week 'reminder' posted.

    They have til 10/11 to give decision but not holding my breath for a positive one :-|

    Rang fosicon today about another PPI already with them & they're quoting 3 - 6 months for resolution


  10. #10
    mkb mkb is offline
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    Default Re: Who to apply to.....

    UPDATE

    Letter from broker received & I think it's tantamount to a bribe!

    As you can see, they deny that the policy was mis-soldicon, citing a conversation held with hubby during which he confirmed that I had no health concerns that prevented me from working. At the time, this was true & it is only subsequently that I have been unable to work due to those medical conditions.

    They then go on & offer a £500 f/f settlement of any complaint against them!! I emailed to ask:

    If this means that we would retain the cover it provides for the remainder of its term?
    Is your offer of £500 in addition to the ongoing cover?

    Assuming the above questions are answered in the positive, does this mean then that the policy can be claimed upon as the need arises?

    The response we got was: With reference to your email I can confirm that if you accept our goodwill gestureicon of £500, we will not insist that you cancel your policy. Therefore you may still be able to make claims against the policy.

    Any suggestions as to the next course of action, bearing in mind that
    a) my husband is now unemployed so should be able to claim against the policy
    b) the account is in arrears
    c) this is for a secured loan so could have massive ramifications for us but
    d) the lender also has our mortgageicon which is being paid through income support mortgageicon payment.

    Apologies for the length of the post and thanks for reading this far

    We feel that we are being offered a sweetener to go away but in accepting this, we're not sure if we would be giving up our legal rights. Whether my hubby would be successful in making a claim against this policy remains to be seen but if it failed, what next???









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