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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  1. #1
    Basic Account Holder dabplym Novitiate

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    Default My HSBC Loan/Creditcard PPI problem

    Hello everyone. Another forum newbie here Ė Please point me in the correct direction if I am in the wrong place.

    I believe I have been mis-sold SPP PPI on my HSBCicon personal loan and Iím also now aware that I am being charged CCPR on my HSBC Mastercard.

    I was only alerted to this yesterday when speaking to a company called Chase Saunders about a debt managementicon plan. They are quoting me an initial £50 to look at my claim but after doing a bit of research and finding this forum I am reluctant to hand over my money when I could possibly do it myself (with a little friendly help)

    I have read many threads on this forum over the last 48 hours and am very grateful for all of the information I have got so far and I would like to apologise for the length of the post and thank you all in advance for any further help you can offer me.


    This is my story:

    Firstly, I originally opened an account with HSBC in 2003 and took out a loan in order to close an account that I had defaulted on with Barclaysicon.

    The Barclays default was actually caused by them adding ridiculous charges to a small overdraft (and my naivety and ignorance). I have pretty much wrote this one off, as it was so long ago and I donít have any documentation relating to it, much less much of a memory of it.

    The loan I took out in November 03 with HSBC was for £3500 at an APR of 14.9% (charge for credit of £1088.36) totalling £4588.36. On top of this I was given a loan for PPI £700.0 plus £217.67 interesticon, totalling £917.67.

    I donít remember asking for this PPI, I certainly was not offered any alternatives to it and was not offered the loan without taking PPI. I do however have a copy of a form I have signed titled ĎInsurance sales acknowledgment slipí which says that I have received a copy of the brochure, had the essential features explained and that I understood them.

    As I mentioned before, I was young naive and really wasnít sure of what I was signing up to.

    Now onto my most recent loan. Ė

    Two years later (almost to the day) I ran into more financial difficulties and went into HSBC to re-negotiate the loan and reconsolidate.

    This time the details (60 months) were:

    Amount of loan: £7,500,00 PPI: £1,770,00 Total Loan: £9,270,00

    11.9% interest rate

    Loan interest: £2,350,88 PPI interest: £554,80 Total interest: £2,905,68

    I have various policy documents explaining the PPI and also one supporting the fact that they explained some of it to me.

    What they didnít explain to me was that I could take out PPI somewhere else and they certainly did not ask if I had any pre-existing medical conditions
    that may prevent me from claiming (I had been diagnosed with depression a few years ago). I was also under the impression that if I didnít take the PPI I would not be offered the loan.

    Now, I am very concerned that the fact I have signed these documents will mean Iím unable to do anything about it?

    The loan currently has £3043,95 left on it which is 15 months.

    I also have a HSBC mastercard with a £3000,00 limit of which £2979,28 is outstanding (APR of 21.9%). I am being charged 79p per £100 on the balance for Ďinsurance premiumí.

    I was originally given the card with a £1000 limit on it and they increased it without informing me up to the £3000 and I certainly do not ever remember asking to take out or signing anything to take out insurance for this.

    The reason all of this has come about is, I went to HSBC yesterday to try and consolidate the credit card and loan (and my £400 overdraft) but was refused a new loan.

    My questions to you are:

    Do I have a case for reclaiming the PPI on the first and/or second loan?

    Do the fact I have signed documents detailing that they have explained some aspects of the PPI to me have any effect?

    Is there something I can do to reclaim the CPPR on the credit card?

    From what I have read the first step is to ask for a SARicon from HSBC. Is this right and is it worth it given that I have a lot of the agreements here in front of me?

    Help, Iím confused, what can I do next?

    Feel free to ask if there is something Iíve not explained properly or is unclear.

    Many Thanks.


  2. #2
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    Default Re: My HSBC Loan/Creditcard PPI problem

    Do I have a case for reclaiming the PPI on the first and/or second loan?
    It is certainly worth giving it a go as you have mis-sellingicon reasons.

    Do the fact I have signed documents detailing that they have explained some aspects of the PPI to me have any effect?
    Explaining just some of the aspects is not good enough they have to make sure you are perfectly happy with what they are selling to you that includes making you aware of any exclusions.

    Is there something I can do to reclaim the CPPR on the credit card?
    Yes indeed first step is to arm yourself with all the data including all statements so you know exactly what you have paid.

    Do you have all these if not shout and ill explain how you get them all.

    From what I have read the first step is to ask for a Subject access requesticon from HSBCicon. Is this right and is it worth it given that I have a lot of the agreements here in front of me?
    IMHO yes it is information is power and if they dont play ball you will need all the data they hold on you.

    Help, I’m confused, what can I do next?
    First step read all the info in the stickys at the top of this forum
    lots of good advice there courtesy of alanalana.

    You will also find there the S.A.R templateicon just edit that to suit your needs

    Finally Good Luck and if you need anymore help and advice just shout.

    Regards

    PF


  3. #3
    Basic Account Holder dabplym Novitiate

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    Default Re: My HSBC Loan/Creditcard PPI problem

    Thanks for the reply and advice pompey, much appreciated.

    I have started the ball rolling this morning and i've edited, printed out and sent an SARicon to the HSBCicon service quality team at their Leeds address via recorded delivery, with a £10 postal order.

    I tried to view all of my credit card statements online but they are only showing access to the last six months worth. I guess i'll have to wait for the returns from the SARicon to check them further.

    I had been thinking about starting a dmpicon to try and resolve my immediate short-fall but i'm now going to hold off and sit tight until i have a better idea of any potential claims i could have for mis-sold PPI as at first glance it appears to be anywhere between 50 & 75% of my current outstanding amounts.

    One more question, to save myself £40 this next month - can i ring them and try and cancel the ccpr on my credit card immediately and then still make a claim for mis-sellingicon once i have all of the relevant information?

    Thanks once again.


  4. #4
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    Default Re: My HSBC Loan/Creditcard PPI problem

    yes u can indeed cancel but i must say to u do remember once you do this you will not have any cover in place and yes doing this will not effect any claim u make


  5. #5
    Basic Account Holder dabplym Novitiate

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    Default Re: My HSBC Loan/Creditcard PPI problem

    Yes i do realise i won't have any cover. I'm looking into seperate loan/credit card unemployment cover. I'm pretty damn sure it'll be cheaper than the rubbish i'm currently being served up.

    Thanks.


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    Default Re: My HSBC Loan/Creditcard PPI problem

    yes it will be a lot cheaper u wont have all that interesticon 4 a start also have a look at income protection insurance this instead of covering your commitmants insures your income beauty of this u only need the one policy instead of many most insurance co do this PF


  7. #7
    Basic Account Holder dabplym Novitiate

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    Default Re: My HSBC Loan/Creditcard PPI problem

    Oh dear...

    I've just had a letter from them...

    Further to your recent request, we have pleasure in enclosing the list of standing orders and/or direct debits held on your account.

    blahh blahh blahh..

    I asked for everything and they have the cheek to send me this? Too right they have pleasure in accepting my £10 to provide me with this.... robbing sods..

    I've had a look but can't see anything specific, is there a templateicon i can use to go back to them again?


  8. #8
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    Default Re: My HSBC Loan/Creditcard PPI problem

    You need to send the non-compliance letter because what they have sent you does not full fill that request.

    Ill get the templateicon and post the link below.

    Just edit this to suit your needs and remember if they recieved your request say 5 days ago then they only have a further 35 days to comply.

    letter before actionicon
    Section 7 – Data Protection Act 1998

    Dear Sir/Madam

    Account: xxxxxxxx

    I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal dataicon is incomplete in that at least the following documents are missing.

    (Adapt this next section to your situation)

    1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)
    2) You have provided no notes, or documents relating to any legal action between you and myself.
    3) You have provided no notes, or documents relating to instances of manual intervention.

    This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

    Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

    You have a further (Insert number of days remaining) days to comply.

    Yours faithfully,




    [name]


    PF

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  9. #9
    Basic Account Holder dabplym Novitiate

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    Default Re: My HSBC Loan/Creditcard PPI problem

    many thanks pf, i'll have that sent off on monday.


  10. #10
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    Default Re: My HSBC Loan/Creditcard PPI problem

    Your Welcome

    PF


  11. #11
    Basic Account Holder dabplym Novitiate

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    Default Re: My HSBC Loan/Creditcard PPI problem

    Hello again,

    Well i finally received a parcel from HSBCicon. It left their offices bang on 40 days after my request but DHL were a pain the rear in delivering the parcel (another story).

    The parcel contains a lot of garbage, all of my credit card statements, some system information and the odd email or two but absolutely no details of my loans and their insurance policies what so ever.

    I'm really annoyed at their obvious delaying tactics, however i realise i must persist in finding everything they hold on me. Despite this i am keen to get the ball rolling as i believe i have the figures i am looking for here.

    I have prepared two more letters to them, do you mind checking them before i send them?

    Please point out anything i may have missed or suggest anything you think should added/removed, etc.

    Letter 1 - To the named individual dealing with my data request @ Southend-on-sea address

    Thank you for the data that you sent to me on Thursday 1st October 2009 with regards to my provision of personal dataicon under Section 7 of the Data Protection Act 1998.

    Unfortunately the parcel does not contain any information relating to the two loan agreements (Current loan account 1234567890 & previous loan account 1234567890) and their respective Personal Protection Insurance policies and relevant documents.

    Please can you provide all of the information you hold on these two accounts and their insurance policies.

    Letter 2 - To Complaints Manager, Service Quality Team - Leeds address

    Dear Sir/Madam,

    Re: Single Premium Policy Payment Protection Insurance for Current loan account 1234567890 & previous loan account 1234567890

    I purchased payment protection insurance policies from you on 20th October 2005 and 29th November 2003 respectively in connection with the loan accounts referenced above.

    I believe that I was mis-soldicon both of these policies for the reasons given below, and wish you to investigate my complaint according to your normal complaint procedures.

    Ö I was led to believe that if I did not take out the insurance policies I was less likely to have the loans approved.

    Ö It was not made aware to me that I could purchase insurnance for these policies from somewhere else and I was not given any details of any comparitive insurance.

    Ö I felt pressurised by the seller to take out the insurance on both occasions.

    If my complaint is upheld I require a refund of all premiums paid to the policies, plus any additional interesticon charged to me because of the PPI. I would also like to claim statutory compensation in view of the fact that I have been deprived of the use of this money.

    Please now investigate my complaint within the eight weeks allowed to you.




    Look forward to your response and thanks in anticipation.


  12. #12
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    Default Re: My HSBC Loan/Creditcard PPI problem

    Quote Originally Posted by dabplym View Post
    Hello again,

    Well i finally received a parcel from HSBCicon. It left their offices bang on 40 days (they intend to drag out any claim I have a printout on some data received stating wait 40 days so they are keeping strictly to the timescales within legal statute so consumers should do the same)after my request but DHL were a pain the rear in delivering the parcel (another story).

    The parcel contains a lot of garbage, all of my credit card statements, some system information and the odd email or two but absolutely no details of my loans and their insurance policies what so ever. (So you now hit them back with a non compliance Link below to provide data under the Data Protection Act 1998 please see the link below)

    I'm really annoyed at their obvious delaying tactics, however i realise i must persist in finding everything they hold on me. Despite this i am keen to get the ball rolling as i believe i have the figures i am looking for here.

    I have prepared two more letters to them, do you mind checking them before i send them?

    Please point out anything i may have missed or suggest anything you think should added/removed, etc.

    Letter 1 - To the named individual dealing with my data request @ Southend-on-sea address

    Thank you for the data that you sent to me on Thursday 1st October 2009 with regards to my provision of personal dataicon under Section 7 of the Data Protection Act 1998.

    Unfortunately the parcel does not contain any information relating to the two loan agreements (Current loan account 1234567890 & previous loan account 1234567890) and their respective Personal Protection Insurance policies and relevant documents.

    Please can (I now insist) you provide all of the information you hold on these two accounts and their insurance policies (as requested in my SARicon for which you have received the statutory fee)

    Letter 2 - To Complaints Manager, Service Quality Team - Leeds address

    Dear Sir/Madam,

    Re: Single Premium Policy Payment Protection Insurance for Current loan account 1234567890 & previous loan account 1234567890

    I purchased payment protection insurance policies (were added to my loans obtained from you on 20th October 2005 and 29th November 2003 respectively in connection with the loan accounts referenced above.

    I believe now maintain that I was mis-soldicon both of these policies for the reasons given below, and wish you to investigate my complaint according to your normal complaint procedures.

    Ö I was led to believe (informed) that if I did not take out the insurance policies I was less likely to have the loans approved.

    Ö It was not made aware to me (informed) that I could purchase insurnance for these policies from somewhere else (an alternative PPI provider) and I was not given any details of any comparitive insurance.

    Ö I felt pressurised by the seller to take out the insurance on both occasions.

    If (When) my complaint is upheld I (will) require a refund of all premiums paid to the policies, plus any additional interesticon charged to me because of the PPI. I would also like to claim (will also require statutory compensation (at the rate of 8%)in view of the fact that I have been deprived of the use of this money.

    Please now investigate my complaint within the eight weeks allowed to you.

    I Look forward to your response and thanks in anticipation (and I will request a reply to this letter within 10 days from the date of this letter).
    Data Protection Act - Non-Compliance - Template Letters

    Results within Legislation - Statute Law Database

    Complaints - Information Commissioners Office

    A lot of work I have put in red what I believe you should consider changing and in blue what to put in its place it IMO gives more of a fighting attitude in light of their fob off to you.

    Your choice mull it over and decide in your own time.

    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.
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  13. #13
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    Default Re: My HSBC Loan/Creditcard PPI problem

    Hello Alan,

    Thanks ever so much for your response, it was exactly what i was looking for. I have gone with your revisions and put the two letters in the post.

    I knew i really should be adopting a more forceful approach with them but, i'm not the best when it comes to getting the words onto paper.

    Your help is all much appreciated, will keep you informed.


  14. #14
    Basic Account Holder dabplym Novitiate

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    Default Re: My HSBC Loan/Creditcard PPI problem

    Hello again,

    I have just received an offer from HSBCicon that, coming close to christmas, i am pretty happy to accept.

    They have offered (without any admission of liability, of course) to repay the outstanding balance of £1,750.20 and refund me £1,492.60.

    Thanks for all of your help, i glad i came here and took your advice.

    Merry Xmas to all.

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  15. #15
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    Default Re: My HSBC Loan/Creditcard PPI problem

    Quote Originally Posted by dabplym View Post
    Hello again,

    I have just received an offer from HSBCicon that, coming close to christmas, i am pretty happy to accept.

    They have offered (without any admission of liability, of course) to repay the outstanding balance of £1,750.20 and refund me £1,492.60.

    Thanks for all of your help, i glad i came here and took your advice.

    Merry Xmas to all.
    If you are happy then that is great

    When you get the money in the bank or the cheque arrives let me know and I will change the thread title to add a won and also please post in the successes in the stickies at the top of the forum as this keeps the motivation going for long drawn out claims.

    Well Done

    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.
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