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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Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default Claiming back PPI once they have refused too

    Hi All

    What are the steps you need to take for claiming back PPIicon?

    Wife had an account with Debs and they reduced her credit limit from £8k to £100 pounds without any warning and told her to check her credit record. Well she did and her score is 900 plus so it's not that.

    And she always paid the balance in full every month so god knows why.

    She has had the account since 1991 so it should come to a tidy amount if we can somehow claim it back.

    Should they have even been taking it monthly if the balance was being cleared on time every month?

    She has decided to close the account and wants her PPI back, but the first attempt failed at the first hurdle.

    We went down the road of advising them that she didn't need it as we were covered elsewhere and as she paid the full amount every month she didn't really notice it was being applied.

    Any ideas on what she can do next?

    Many thanks as always

    Scrapper Coco

    "Gimme a whiskey, ginger ale on the side. And don't be stingy, baby."

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  2. #2
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    Default Re: Claiming back PPI once they have refused too

    Hi there,

    Unfortunately you have posted in the wrong Forum...

    I've alerted a mod to move it somewhere more helpful.

    Regards. Spam.


    'Simples.'

    Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....


    They say money talks......mine just keeps saying "Goodbye"

  3. #3
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    Default Re: Claiming back PPI once they have refused too

    I'll move this thread to the PPIicon forum, where hopefully you should get some more help/advice...

    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

    DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk...65-legislation

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    I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

    IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
    Before you decide,consider the users here who have already offered help and support.
    Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
    If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.


    Forum rules - http://www.consumeractiongroup.co.uk...ease-read.html

  4. #4
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    Default Re: Claiming back PPI once they have refused too

    Quote Originally Posted by Scrapper View Post
    Hi All

    What are the steps you need to take for claiming back PPIicon?

    Wife had an account with Debs and they reduced her credit limit from £8k to £100 pounds without any warning and told her to check her credit record. Well she did and her score is 900 plus so it's not that.

    And she always paid the balance in full every month so god knows why.

    She has had the account since 1991 so it should come to a tidy amount if we can somehow claim it back.

    Should they have even been taking it monthly if the balance was being cleared on time every month?

    She has decided to close the account and wants her PPI back, but the first attempt failed at the first hurdle.

    We went down the road of advising them that she didn't need it as we were covered elsewhere and as she paid the full amount every month she didn't really notice it was being applied.

    Any ideas on what she can do next?

    Many thanks as always

    Scrapper Coco
    ok, first of all what kind of account was it? loan, credit card???
    Have you sent a SARicon to the company? Do you have the PPI details?
    Was the PPI balance related or a set amount every month?
    Has the company given you a total of all the PPI your wife has paid since the open was opened? Do you have details of the amount of interesticon applied against the account?
    Could you scan and post the response you received when you requested a refund?
    Sorry for all of the question but the more info you give the more chance someone in the PPI forum can help

    cheers

    Birch

    9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!
    20-1-07 S.A.R - (Subject Access Request) sent Capital One
    20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services
    20-1-07 S.A.R - (Subject Access Request) sent Marbles
    20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)
    8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance
    22-5-07 Halifax *Won* £1025
    23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

  5. #5
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    Default Re: Claiming back PPI once they have refused too

    Birch

    Thanks. I'll do a scan and post it in the next couple of hours.

    Many thanks

    Scrapper Coco

    "Gimme a whiskey, ginger ale on the side. And don't be stingy, baby."

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  6. #6
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    Default Re: Claiming back PPI once they have refused too

    Spamalot / 42man

    Thanks

    Regards

    Scrapper Coco

    "Gimme a whiskey, ginger ale on the side. And don't be stingy, baby."

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  7. #7
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    Default Re: Claiming back PPI once they have refused too

    If this is/was a credit/store card, I thought the card protection insurance was a percentage of the outstanding balance. If there was notbalance then I cant see how they could take PPIicon. Do you have any paperwork at all, have a look at a statement and see if there is anything on the back of one of them.

    I see you have been advised to make a Subject access requesticon, I would specifically ask for details of the insurance terms.

    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
    2: Take back control of your finances - Debt Diaries
    3: Feel Bullied by Creditors or Debt Collectors? Read Here
    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read
    BCOBS

    When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.


    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE

  8. #8
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    Default Re: Claiming back PPI once they have refused too

    Hi citizenB

    It was a store card. I thought the same that they should only be taking the premiums if there was a balance, but looking at the last statement they have added the PPIicon to the current balance, but the payment date was 3 weeks away and the balance was paid in full before the due date.

    Balance has always been cleared every month without fail except on a couple of occassions due to us being away etc, but no more than 2 or 3 times in 18yrs, but I can clearly remember there was always PPI on there.

    Hope that makes sense?

    SARicon me thinks so I can see exactly whats been going on.

    Can't put the letter they sent online just yet as my scanner has decided to play silly buggers with me.

    Many thanks

    Scrapper Coco

    "Gimme a whiskey, ginger ale on the side. And don't be stingy, baby."

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  9. #9
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    Default Re: Claiming back PPI once they have refused too

    Hi scrapper, yes I would send a Subject access requesticon. Include a specific request for the PPI terms and conditionsicon.

    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
    2: Take back control of your finances - Debt Diaries
    3: Feel Bullied by Creditors or Debt Collectors? Read Here
    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read
    BCOBS

    When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.


    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE

  10. #10
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    Default Re: Claiming back PPI once they have refused too

    Hi

    Need some more advice regarding PPIicon.

    I have a loan and have been claiming on the PPI. They made 12 payments as per the policy, but I have returned to work and have started paying the monthly payments again.

    I have since looked at the paperwork and it is a single premium policy which they have added the PPI amount and then added interesticon on top of that.

    My question is can I ask for the interst amount back even though I have made a claim and if I can would this affect the PPI that is still in place as I might need it again as where I am working isn't looking to good already as they are losing business at a rapid rate.

    So much for the ecomony picking up

    Thanks
    Scrapper Coco

    "Gimme a whiskey, ginger ale on the side. And don't be stingy, baby."

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    Advice & opinions given by Scrapper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  11. #11
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    Default Re: Claiming back PPI once they have refused too

    Quote Originally Posted by Scrapper View Post
    Hi

    Need some more advice regarding PPIicon.

    I have a loan and have been claiming on the PPI. They made 12 payments as per the policy, but I have returned to work and have started paying the monthly payments again.

    I have since looked at the paperwork and it is a single premium policy which they have added the PPI amount and then added interesticon on top of that.

    My question is can I ask for the interst amount back even though I have made a claim and if I can would this affect the PPI that is still in place as I might need it again as where I am working isn't looking to good already as they are losing business at a rapid rate.

    So much for the ecomony picking up

    Thanks
    Scrapper Coco
    Hmm, I am not sure what you are asking here.

    What were your reasons for reclaimng the PPI ? If you have made a substantial claim on the policy then I dont see where you can claim it was mis sold ? Or then expect to be able to use the policy at a later date ?

    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
    2: Take back control of your finances - Debt Diaries
    3: Feel Bullied by Creditors or Debt Collectors? Read Here
    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read
    BCOBS

    When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.


    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE

  12. #12
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    Default Re: Claiming back PPI once they have refused too

    Hi Citizen

    Thanks for your response.

    I'm not saying it was mis-sold as I have used it and it came in bloody handy when I lost my job. What I am saying is they have added interesticon to the PPIicon which was taken with the loan and I'm under the impression they can't do that from what a PPI claims company told me. Makes no difference if I've claimed or not, but just wanted to check as we all no what these companies are like.

    The loan was £22K which the agreement shows the interest payable over 7yrs. Then they have added the PPI on top of the loan for £ 5452.18 which £1108.22 is interest added to the PPI.

    I was under the impression that they are not allowed to charge interest on PPI if it is a single premium policy? I might be wrong, but my other policys for income protection and mortgageicon protection haven't charged me interest. And is it legal to charge interest on something you purchase to protect yourself?

    Somewhat annoying that I pay them £5.5K for insurance and they have the cheek to add interest to it.

    So what I am asking is am I allowed to request the they repay the interest on the PPI without it affecting the current PPI as I might require it again.

    I hope that makes sense

    Thanks
    Scrapper Coco

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  13. #13
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    Default Re: Claiming back PPI once they have refused too

    Erm, I am really not sure about this. Will flag up your post for others to comment on.

    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
    2: Take back control of your finances - Debt Diaries
    3: Feel Bullied by Creditors or Debt Collectors? Read Here
    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read
    BCOBS

    When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.


    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE

  14. #14
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    Default Re: Claiming back PPI once they have refused too

    Thanks CitizenB I appreciate it

    Regards

    Scrapper Coco

    "Gimme a whiskey, ginger ale on the side. And don't be stingy, baby."

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  15. #15
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    Default Re: Claiming back PPI once they have refused too

    I could be wrong but in my opinion sorry to say you do not have a case, it is allowed to charge you interesticon on the insurance but it is not allowed to charge you interest on a charge (example acceptance fee etc) .

    You have made a claim against the PPIicon and by your own admission you say it was not missold so there is no claim, however if you feel they have calculated your APR or agreement incorrectly leaving it to be unenforceable this would be a seperate road alltogether. best thing is to post up your agreement so we can check the figures etc . . . . .as I stated at first only my opinion.

    I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.
    1) give a small donation to this site to keep it going because without this forum I would know nothing.
    2) Use your experience to help somone else on another thread.

    Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

  16. #16
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    Default Re: Claiming back PPI once they have refused too

    Hi all

    Sorry for the delayed response but I have been somewhat busy losing yet another Job.

    24yrs employed, 1 yr unemployed, 4 months employed and company goes into liquidation. Just my bloody luck.

    So what I need is advice on the following:

    enforceable or unenforceable
    PPIicon calculated correctly or not
    PPI contract terms fair or not - No copy available as I was never sent them but have been told what they are over the phone. I find this somewhat unfair myself but all opinions welcome.

    If two periods of unemployment are seperated by 3 months or less we will treat this as one continous claim but we will not pay for any time you were not unemployed between these periods. If two periods of unemployment are seperated by more than 3 months (4 in my case) you must return to work for 6 continuous months before you can make another unemployment claim.

    I HAVE NEVER RECIEVED THE T&C's FOR THE LOAN PROTECTION AND BELIEVE ME I KNOW I HAVEN'T AS I KEEP EVERYTHING THAT'S GOING TO PROTECT MY AR*E. IF I HAD BEEN AWARE OF THIS TERM I WOULD HAVE CANCELLED THE INSURANCE AND TAKEN OUT A SEPERATE POLICY THAT COVERED ME AS MOST ONLY REQUIRE YOU TO BE IN WORK FOR 60 DAYS BEFORE YOU CAN MAKE A CLAIM WHEN I RETURNED TO WORK.

    AND IT WOULD HAVE BEEN CHEAPER.

    Now I do understand what is being said here but how can this be fair? I am caught in the middle here as I returned to work for 4 months and now they won't pay and you can bet you bottom dollar they will hound me to the end of the earth and beyond.

    Told them this and their answer? We will pass to a debt collectoricon then. What the f*ck. I have been paying them for 4 years and never missed a bloody payment and they use some DODGY term to exclude making further payments then harrass me.

    They have also stated that my loan with Alliance & Leicester has been transfered to the Abbeyicon and it is now their responsibility. No one told me this had happened.

    And another item. They charged me £6560.40 for insurance premiums yet they have only paid out £3500. So basically they have taken nearly £3k of my money and basically told me to do one.

    Anyway any thoughts welcome.

    I really hope someone comes back with it's unenforceable as I would love to stick it to them.

    http://i420.photobucket.com/albums/p...on29/1-1-1.jpg
    http://i420.photobucket.com/albums/p...ackson29/2.jpg
    http://i420.photobucket.com/albums/p...ackson29/3.jpg
    http://i420.photobucket.com/albums/p...ackson29/4.jpg
    http://i420.photobucket.com/albums/p...ackson29/5.jpg
    http://i420.photobucket.com/albums/p...ackson29/6.jpg

    Many thanks
    Scrapper Coco

    "Gimme a whiskey, ginger ale on the side. And don't be stingy, baby."

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  17. #17
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    Default Re: Claiming back PPI once they have refused too

    ok people

    pick faults as ime shooting from the hip

    DID YOU TICK THE BOX AGREEING TO PPIicon ETC

    WHAT IS THE DATE ON THE AGREEMENT MONTH AND YEAR

    THAT IS IMPORTANT


  18. #18
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    Default Re: Claiming back PPI once they have refused too

    Quote Originally Posted by postggj View Post
    ok people

    pick faults as ime shooting from the hip

    DID YOU TICK THE BOX AGREEING TO PPIicon ETC

    WHAT IS THE DATE ON THE AGREEMENT MONTH AND YEAR

    THAT IS IMPORTANT
    Hi postggj

    Yes I agreed to PPI online when taking the loan.

    The agreement runs from 03/05/06

    Thanks

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  19. #19
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    Default Re: Claiming back PPI once they have refused too

    Got Ya

    Ime Double Checking But I Believe The Regs Changed It 2005

    The PPIicon Must Have Its Own Part On The Agreement

    And Your signatureicon To Agree

    As This Was Online The Distant Selling Regs Now Come Into Play

    Did They Send You The Agreement And

    Did You Sign The Agreement And Return It


  20. #20
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    Cagger since
    Dec 2008
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    Suffolk / London
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    533

    Default Re: Claiming back PPI once they have refused too

    Without sending them a CCA request I couldn't tell you if I signed anything to be honest.

    I pretty sure the regs changed in April 2007 but might be wrong.

    If you look at image 2 it does have a PPIicon box, but I know I never received the terms and conditionsicon with what they sent me as I file everything. As I stated if I had known I wouldn't be covered again I would have purchased seperate insurance and demanded a 3k refund even though the had made payments.

    All the docs I posted is all I ever received.

    Would have been better putting the money in the bank for a rainy day.

    Thanks
    Scrapper Coco

    "Gimme a whiskey, ginger ale on the side. And don't be stingy, baby."

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