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)


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

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Results 1 to 8 of 8
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    gjgilly Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2008
    Posts
    9

    Default claim (ppi) refused

    Hello Everyone,

    I am in desperate need of advice, I am scared, I do not know what to do.

    I took a loan with PPIicon out on line with one of the supermarkets, which was accepted and I sent off copy of contract of fulltime perm employment etc and signed everything plus the direct debiticon, the money then went in my account.

    Shortly ( 3days) after taking out the loan I was involved in an accident at worked, and the long and short of this was : employer knew the accident happened at work, I sent in a self cert form ( which I was told 'one' does as a GP cannot sign you off until after the first 7 days eg swap from self cert), employer acknowledged receipt of, sends me a cheque for 1 weeks money, then a compliment slip saying a p45 will follow. I guess I was sacked because they wanted me out to protect themselves. 2 weeks later after the sickpay chq a p45 arrived and was back dated to the date of the accident. Wrote back saying my contract says each has to give 1 weeks notice so you can't pay me sick pay on one hand but send p45 out backdated to date of accident. No reply,and I was stuck with false P45 and out of a job.

    I got other jobs despite the accident, and had worked on and off as best I could though the events of the accident got worse over time, until I could not work and then had to resort to making a claim on my loan.

    I sent the claim in, and it was paid for a year. My loan also said that : if after the duration of the loan (eg on the date loan finishes) I had not returned to work then the remainder from the date of my last claim (this is only one claim of 12 months as I paid the remainder 3yrs from savings) would also be refunded.

    However, having sent a letter saying I was unable to return to work and was on disability/industrial injury benefit can I now make a claim for the remainder of the paid loan to be refunded as the loan has ended and I did not return to work. The letter sent out was frightening, and I think wrong.

    Basically my policy says : cover is from the agreement date, and in bold says the agreement date is the date "I" sign the application form.

    They have written back saying: I was not at work on the "inception date" (though my policy does not mention anything about an inception date, it only states : cover is from agreement date - the agreement date is the date I sign the application forms etc) because I was off sickicon therefore it has come to their attention that I should never have been accepted for the 12 months monthly sick payments under the ppi, they want the money back or will take legal action, plus they have also acquired my GP notes without my consent.When I asked my GP how they got them my GP said I had signed a form. I asked to see this form as I knew I had not signed anything and the Gp said :once we recieve payment we send the notes and the form would be shredded. Now I cannot prove this form did not exist, plus the damage is now done. because ......

    ...... the loan co have since written back saying I have a blue badge which implies I am not a healthy person and therefore took out the loan fraudulently. My blue badge is for asthma and is not related to my accident at work, so why are they saying this ?

    loan co also said : on my claim form (for 12months sick claim) I said I had not suffered from the problem before, they then added: this is not the case as my condition was as a result of an accident at work. The accident happened at work and after taking out the loan. But they now say I have commited fraud because - they say : it is a condition of the policy that any injury/illness anyone has or anytime you are not at work must be sent to the insurer for the duration of the loan. Having queried this, as in : are you supposed to tell them that 1/ today I had a headache 2/ I work with a cold/flu last week 3/ cut my finger pruning roses and the answer was 'yes' failure to do so invalidates the ppi.

    I am now in a situation that : they have all my gp/hospital notes without my consent, have written to me quoting medical subjects - clearly from my notes. I am unhappy as they now have access to my notes regarding IVF as my gp sent ALL my notes off not just those regarding my accident details. I am fuming, how my children were conceived is now floating around in the insurance dept of this loan company. Dont mention data protection, having spoken to dp, they said, you will not any compensation for this kind of distressicon and the gp practice will merely get a £50 and a suggestion the 'data controller'needs more training. This is a seperate issue but : my children are now so vunerable as the confidentiality of these notes have been released, and my gp was supposed to keep these things private, my children could be destroyed by the 'selling off of this info'. Really you have no idea how mortified I am about this being leaked.Not only have I been betrayed but my children have too.

    More : how can I defend myself, they are saying because my accident at work happened before this 'created' inception date I am not covered and have to pay 12months claim back. But my policy says I am covered from the agreement date - which states that is the date I sign the paperwork.

    They are also saying they will be sharing this information with other insurance companies and may take action under fraud.

    I cannot stress enough I have done nothing wrong. I took out a loan, signed paper work, sent it back, had my contractof employment returned, money paid into bank, direct debit set up, and as far as I was concerend I had done everything right : I had taken a loan out with ppi for my peace of mind, I had no idea that 3 days later I would have an accident at work. AllI did after the accident was sign myself off under self cert to get better during which time 1 weeks sick pay was sent by chq followed by a back dated p45 saying I had left at close of business on the date of the accident, I think that was illegal and definately done to try and cover the employers back but they couldnt go back any further than the accident date. They wouldnt budge so I had no choice but to pickmyself up and got on with life working when I could until I couldnt then made a claim out of nessessity.

    There is alot of stuff about suing for mis selling ppi, but am not sure if this is for me, I took it out to protect myself, my issue is, they wont pay, they have got my notes and are saying: I did not divulge my blue badge, therefore there are further issues of me getting the loan under falseness.I am not claiming for asthma, everyone knows a pre exisitng thing is not covered, the claim is about an accident at work after signing the loan agreement not my asthma.

    Putting it bluntly I am s*** scared, I wish I'd died in the accident now, I cannot believe this is being done to me. I repeat my accident happened after I signed and took out the loan complete with ppi. myppi policy does not mention anything about inception dates it states I am covered under ppi policy from the day I SIGN the loan agreement.So why are they saying this ?

    Please advise, can anyone help me?


  2. #2
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    ploddertom Authoritative ploddertom Authoritative ploddertom Authoritative ploddertom Authoritative ploddertom Authoritative ploddertom Authoritative ploddertom Authoritative ploddertom Authoritative ploddertom Authoritative ploddertom's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    May 2009
    I am in
    Cloud Cuckoo Land
    Posts
    5,167

    Default Re: claim (ppi) refused

    I think there are a load of issues here including how you were "sackedicon". I would have thought an approach to seek legal advice would be well founded - maybe initially on a fixed fee for the first consultation or someone who does no win, no fee.

    Having said that I would think your first step would be to send the Loan Company a Subject access requesticon - costs £10 but should give you a wealth of information including the documentation they used for your medical records. No doubt this may stir a hornets nest up with them but it is a legal requirement and they have 40 days to reply. Best to send the £10 as a postal order.

    PT


  3. #3
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    gjgilly Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2008
    Posts
    9

    Default Re: claim (ppi) refused

    Hello Ploddertom,

    sorry its long, but have to get it off my chest.

    Yes this is a mine field of terrible stuff, I know as I am unable to sleep with worry.

    Re the sacking ? I had the accident at work, the next day (fri) was my day off as worked weekends as part of my 5 day week. The next day (sat)I went to work so they could see how the accident had affected me and to make sure it was put in the accident book, I put the accident details in writing with the names of 2 witnesses so I knew that it had to be recorded. I was at work for 30mins and then sent home 'to get better as it was agreed visually I didnt look good to the public' I also said if I wasnt better the next day I wouldnt be coming into work and would be sending in a self cert. The accident happened at close of business so management was there to act on the day, I had to lock up and go home,though 2 unknown to me part timers knew/saw what had happened and I had their names off them.

    Anyway, following that, 7 days later a chq was posted to me as I had then sent in self cert. A compliment slip was attached saying p45 was to follow in a few weeks, but no letter of dismissal and my self cert wasnt processed either. I was too ill to really take any notice, they hadnt paid me self cert and had back dated my p45 to the date of the accident ( the effects of which only kicked in when I went outside to go home triggered by the heat and developed over the next 3 days).

    When I claimed for my loan PPIicon, I was working at another job and it was only when I couldnt cope anymore as over time other things had developed steming from the accident. Until this 'one and only claim' I had struggled on, and when I did this 1 claim it was for a new symptom which was possibly from the original accident, though two medical opinions were different : 1 said yes the other dr said maybe or maybe a side effect of treatment. Basically neither specialist could agree as both said they had never dealt with this kind of accident or treated anything like this.

    This is the problem, I took the loan out when working, and sent all the paperwork signed/dated by me before the accident. The loan insurance (different so the loan co) say - ppi is not inforce on the agreement date only when they process it. They now say : if I was on a day off or off sickicon when they activated ppi then I was never covered and the later 12months claim should not have been payed so they want reimbursing. Though my ppi policy sates cover is from the signed (by me) agreement date which as I said was before the accident.

    I am so scared, I am also very frightened because my IVF details are floating around have nothing to do with my accident so should never have been sent by the GP.

    If I do an access form, will this not make them go straight to court, if so how will I get anyone to defend me if they are implying I made a false claim. I have asked for a copy of the application I signed etc but they have told me they no longer keep them as everything is now on computer and they do not send out copies,plus as my loan finished a while back they said they dont have to supply any past paperwork as the account is now closed. They did say that my gp made a mistake on the form re hosp appts, though this is do with the fact my gp wrote for hospital appt 3 times and I never got one. so the ins co are saying my condition couldnt have been that serious, even though they have a copy of my gp's fax to the hospital saying 'I have requested an urgent appt for my patient on 3 seperate occasions, will you please treat the matter with some urgency and arrange an appointment for as soon as possible' the ins co say : my dr filled out the date for - when was patient refered to hospital - as per the 1st letter. Now the ins co say : the hospital stated they didnt get it (or the other 3 requests) so my gp has now apparently lied.

    I am not getting very far with this, my sugery has released stuff without my consent, and full notes from birth including ivf notes. my sugery said once they get payment for releasing notes they shred the consent form. So I am having little faith in my surgery as well. this consent form doesnt exisit as I havent signed one.

    Then there's my employer problem, a backdated p45 to get out of stat sickpay and no notice.

    Now the loan insurance co are saying none of the dates tally, there are gp errors they think I never was at work when I applied for the loan, even though they have a copy of my contract at the time of application, but now say they have lost. They also said that the documents requested and sent to them have been lost internally, this included all my bank accounts as they wanted them to see no salary was going in from illegal workings, my NI number, my NHS number, my birth cert as they said they needed to confirm I was a uk resident. My husband is going mental as all his financial stuff etc is on the joint account, and has given me ear ache saying with all that info sent and lost I have just provided all that is needed for id thefticon.

    What am I to do, I have done all I was asked to do with the loan co and loan co insurer. Had I not copied and sent what they asked for they would have seen that as fudging. Now they've lost it. Now they say I wasnt covered and either they made a mistake paying out my claim or I commited fraud in sending it off, but they wont/cant send me a copy of the original application form I filled out,signed dated etc. This can only be because the date the ppi came into effect was the date I started to become ill - the day after my accident at workand they are hoping to get out of paying.

    Its not my fault about the accident, my employer admitted liability, I took out ppi because I thought it was responsible, I had no idea I would have an accident at work and have to call upon it 2 yrs later (when working at another company) when I could no longer cope. we allhope wewill get better thats why i struggled for 2 years until i couldnt go on.

    I am wondering if they are just doing this to avoid payment. I would think normally if they are saying your agreement form date isnt valid they would have to send a copy. My direct debiticon is signed and dated by me well before my accident, is this not proof that I had applied before my accident, and the as the dd is a tear off perfarated section of the loan agreement proof of when I signed ?

    Like I said, now with this worry to me and my family, one has to ask was it worth surviving ?


  4. #4
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    ploddertom Authoritative ploddertom Authoritative ploddertom Authoritative ploddertom Authoritative ploddertom Authoritative ploddertom Authoritative ploddertom Authoritative ploddertom Authoritative ploddertom Authoritative ploddertom's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    May 2009
    I am in
    Cloud Cuckoo Land
    Posts
    5,167

    Default Re: claim (ppi) refused

    I'm no expert on Employment problems even though I have 5 employees work for me, all our little niggles are always sorted out amicably. I can't see why they should fire you to get out SSP as that is deductible anyway. Was your accident definitely recorded and was it something that the company may well have got into trouble over.


    This is the problem, I took the loan out when working, and sent all the paperwork signed/dated by me before the accident. The loan insurance (different so the loan co) say - PPIicon is not inforce on the agreement date only when they process it. They now say : if I was on a day off or off sickicon when they activated ppi then I was never covered and the later 12months claim should not have been payed so they want reimbursing. Though my ppi policy sates cover is from the signed (by me) agreement date which as I said was before the accident.
    Did you have the loan before the accident - was the money in your account?

    I am so scared, I am also very frightened because my IVF details are floating around have nothing to do with my accident so should never have been sent by the GP.

    If I do an access form, will this not make them go straight to court, if so how will I get anyone to defend me if they are implying I made a false claim. I have asked for a copy of the application I signed etc but they have told me they no longer keep them as everything is now on computer and they do not send out copies,plus as my loan finished a while back they said they dont have to supply any past paperwork as the account is now closed. They did say that my gp made a mistake on the form re hosp appts, though this is do with the fact my gp wrote for hospital appt 3 times and I never got one. so the ins co are saying my condition couldnt have been that serious, even though they have a copy of my gp's fax to the hospital saying 'I have requested an urgent appt for my patient on 3 seperate occasions, will you please treat the matter with some urgency and arrange an appointment for as soon as possible' the ins co say : my dr filled out the date for - when was patient refered to hospital - as per the 1st letter. Now the ins co say : the hospital stated they didnt get it (or the other 3 requests) so my gp has now apparently lied.

    I am not getting very far with this, my sugery has released stuff without my consent, and full notes from birth including ivf notes. my sugery said once they get payment for releasing notes they shred the consent form. So I am having little faith in my surgery as well. this consent form doesnt exisit as I havent signed one.

    Then there's my employer problem, a backdated p45 to get out of stat sickpay and no notice.

    Now the loan insurance co are saying none of the dates tally, there are gp errors they think I never was at work when I applied for the loan, even though they have a copy of my contract at the time of application, but now say they have lost. They also said that the documents requested and sent to them have been lost internally, this included all my bank accounts as they wanted them to see no salary was going in from illegal workings, my NI number, my NHS number, my birth cert as they said they needed to confirm I was a uk resident. My husband is going mental as all his financial stuff etc is on the joint account, and has given me ear ache saying with all that info sent and lost I have just provided all that is needed for id thefticon.

    What am I to do, I have done all I was asked to do with the loan co and loan co insurer. Had I not copied and sent what they asked for they would have seen that as fudging. Now they've lost it. Now they say I wasnt covered and either they made a mistake paying out my claim or I commited fraud in sending it off, but they wont/cant send me a copy of the original application form I filled out,signed dated etc. This can only be because the date the ppi came into effect was the date I started to become ill - the day after my accident at workand they are hoping to get out of paying.

    Its not my fault about the accident, my employer admitted liability, I took out ppi because I thought it was responsible, I had no idea I would have an accident at work and have to call upon it 2 yrs later (when working at another company) when I could no longer cope. we allhope wewill get better thats why i struggled for 2 years until i couldnt go on.

    I am wondering if they are just doing this to avoid payment. I would think normally if they are saying your agreement form date isnt valid they would have to send a copy. My direct debiticon is signed and dated by me well before my accident, is this not proof that I had applied before my accident, and the as the dd is a tear off perfarated section of the loan agreement proof of when I signed ?

    Like I said, now with this worry to me and my family, one has to ask was it worth surviving ?[/quote]


  5. #5
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    ploddertom Authoritative ploddertom Authoritative ploddertom Authoritative ploddertom Authoritative ploddertom Authoritative ploddertom Authoritative ploddertom Authoritative ploddertom Authoritative ploddertom Authoritative ploddertom's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    May 2009
    I am in
    Cloud Cuckoo Land
    Posts
    5,167

    Default Re: claim (ppi) refused

    I'm no expert on Employment problems even though I have 5 employees work for me, all our little niggles are always sorted out amicably. I can't see why they should fire you to get out SSP as that is deductible anyway. Was your accident definitely recorded and was it something that the company may well have got into trouble over.


    This is the problem, I took the loan out when working, and sent all the paperwork signed/dated by me before the accident. The loan insurance (different so the loan co) say - PPIicon is not inforce on the agreement date only when they process it. They now say : if I was on a day off or off sickicon when they activated ppi then I was never covered and the later 12months claim should not have been payed so they want reimbursing. Though my ppi policy sates cover is from the signed (by me) agreement date which as I said was before the accident.
    Did you have the loan before the accident - was the money in your account?


    If I do an access form, will this not make them go straight to court, if so how will I get anyone to defend me if they are implying I made a false claim. I have asked for a copy of the application I signed etc but they have told me they no longer keep them as everything is now on computer and they do not send out copies,plus as my loan finished a while back they said they dont have to supply any past paperwork as the account is now closed.
    From what you say further down can you confirm this loan is only 2 or so years old? If it is then they have to have all the paperwork and even if it is only on computer they can print it out and send it to you.


    I am not getting very far with this, my sugery has released stuff without my consent, and full notes from birth including ivf notes. my sugery said once they get payment for releasing notes they shred the consent form. So I am having little faith in my surgery as well. this consent form doesnt exisit as I havent signed one.
    This is one of the reasons for SARicon as it will tell you how/when/who applied for this consent.

    Now the loan insurance co are saying none of the dates tally, there are gp errors they think I never was at work when I applied for the loan, even though they have a copy of my contract at the time of application, but now say they have lost. They also said that the documents requested and sent to them have been lost internally, this included all my bank accounts as they wanted them to see no salary was going in from illegal workings, my NI number, my NHS number, my birth cert as they said they needed to confirm I was a uk resident. My husband is going mental as all his financial stuff etc is on the joint account, and has given me ear ache saying with all that info sent and lost I have just provided all that is needed for id thefticon.

    What am I to do, I have done all I was asked to do with the loan co and loan co insurer. Had I not copied and sent what they asked for they would have seen that as fudging. Now they've lost it. Now they say I wasnt covered and either they made a mistake paying out my claim or I commited fraud in sending it off, but they wont/cant send me a copy of the original application form I filled out,signed dated etc. This can only be because the date the ppi came into effect was the date I started to become ill - the day after my accident at workand they are hoping to get out of paying.

    Its not my fault about the accident, my employer admitted liability, I took out ppi because I thought it was responsible, I had no idea I would have an accident at work and have to call upon it 2 yrs later (when working at another company) when I could no longer cope. we allhope wewill get better thats why i struggled for 2 years until i couldnt go on.

    I am wondering if they are just doing this to avoid payment. I would think normally if they are saying your agreement form date isnt valid they would have to send a copy. My direct debiticon is signed and dated by me well before my accident, is this not proof that I had applied before my accident, and the as the dd is a tear off perfarated section of the loan agreement proof of when I signed ?

    Like I said, now with this worry to me and my family, one has to ask was it worth surviving ?
    It would seem to me they are trying to use any trick to avoid paying and are fobbing you off with all these various excuses. If they have none of these documents then how can they prove you owe them a brass farthing. I'd be nearly tempted to tell them as they have no records of you and no agreement then they should reimburse you all the payments you have made.

    PT


  6. #6
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    gjgilly Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2008
    Posts
    9

    Default Re: claim (ppi) refused

    Hi PT

    No I dont think they fired me to getout of stat sick pay persay, I think they wanted to get me out hoping that would get them off the hook as in they didnt have to respond to me about accident as I theoretically was 'off the payrole'

    Needless to say as the injuries got worse over 2 yrs I had no option to take legal action as I couldnt work and had to go onto disability after accident caused the loss of 1 and 1/2 functioning body parts/organs. they admitted not providing safety equip and causing the accident, but i think they were hoping, had i simply gotten better, i would never have had to sue and by getting me off the books and not having to talk to me maybe i would have just got fed up writing and gone away, which frankly i would have - had it not gone from bad to worse.

    the loan ended early this year and was in 2005, i dont know for sure as bank statements were sent to insurer as they wanted all of them, and to copy them sheet by sheet would have cost a lot, they said they would send them back after seeing them, i trusted them, now they have lost them. but i would had at a guess, the money may have hit the bank account after the accident probably on the monday after the weekend I became ill after the accident on the thursday.

    anyway, if you have any further help, please share it, just the hope an access form will be of help is a starter.

    i thank you for your time and compassion today, i hope my experience of this is helpful to anyone reading this, I would not wish this on anyone, it really has pulled the rug from under me.

    one last thing, i also sent my employer a copy of the letter i hand delivered to him and discussed on the sat after the accident and the adminicon dept wrote back acknowleding receipt, what happened after with the original hand delivered one or the one recorded delivery I will never know about, though I have a letter saying it was received by recorded delivery. hopefully, from a legal point of view that is enough and also would explain why a p45 was then backdated to accident date and not issued after paid notice period in contract if they wanted to dismiss me. i am not sure why they would other than they had an idea they were negligent and hped getting rid of me would bury the problem,which was not the case as the dwp got involved.

    anyway again my thanks are sent to you,if anyone else has opinions i hope they will also share with me, as they say 2 heads are better than 1 and mine is about explode with worry, so any back up welcome


  7. #7
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana Authoritative alanalana's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2006
    I am in
    Cumbria
    Posts
    4,620

    Default Re: claim (ppi) refused

    Hello gjgilly,

    I will try and answer the issues you have raised.

    Quote Originally Posted by gjgilly View Post
    Hello Everyone,

    I am in desperate need of advice, I am scared, (do not be scared there will be a solution to this) I do not know what to do. ( you will get support from this site)

    I took a loan with PPIicon out on line with one of the supermarkets, which was accepted and I sent off copy of contract of fulltime perm employment etc and signed everything plus the direct debiticon, the money then went in my account.

    Shortly ( 3days) after taking out the loan I was involved in an accident at worked, and the long and short of this was : employer knew the accident happened at work, I sent in a self cert form ( which I was told 'one' does as a GP cannot sign you off until after the first 7 days eg swap from self cert), employer acknowledged receipt of, sends me a cheque for 1 weeks money, then a compliment slip saying a p45 will follow. (time to submit a complaint about your employer to the Office of Fair Trading and even your Union IMO) I guess I was sacked because they wanted me out to protect themselves. 2 weeks later after the sickpay chq a p45 arrived and was back dated to the date of the accident. Wrote back saying my contract says each has to give 1 weeks notice so you can't pay me sick pay on one hand but send p45 out backdated to date of accident. No reply,and I was stuck with false P45 and out of a job. (Totally underhand and needs to be reported to your Union rep ASAP also get in touch with ACAS the link is here.

    Acas - How can we help?... and also here,

    Acas - Code of Practice 1 - Disciplinary and grievance Procedures

    I got other jobs despite the accident, and had worked on and off as best I could though the events of the accident got worse over time, until I could not work and then had to resort to making a claim on my loan.

    I sent the claim in, and it was paid for a year. My loan also said that : if after the duration of the loan (eg on the date loan finishes) I had not returned to work then the remainder from the date of my last claim (this is only one claim of 12 months as I paid the remainder 3yrs from savings) would also be refunded.

    However, having sent a letter saying I was unable to return to work and was on disability/industrial injury benefit can I now make a claim for the remainder of the paid loan to be refunded as the loan has ended and I did not return to work. The letter sent out was frightening, and I think wrong.

    Basically my policy says : cover is from the agreement date, and in bold says the agreement date is the date "I" sign the application form.

    They have written back saying: I was not at work on the "inception date" (though my policy does not mention anything about an inception date, it only states : cover is from agreement date - the agreement date is the date I sign the application forms etc) because I was off sick therefore it has come to their attention that I should never have been accepted for the 12 months monthly sick payments under the ppi, they want the money back or will take legal action, plus they have also acquired my GP notes without my consent.When I asked my GP how they got them my GP said I had signed a form. I asked to see this form as I knew I had not signed anything and the Gp said :once we recieve payment we send the notes and the form would be shredded. Now I cannot prove this form did not exist, plus the damage is now done. because ......

    ...... the loan co have since written back saying I have a blue badge which implies I am not a healthy person and therefore took out the loan fraudulently. My blue badge is for asthma and is not related to my accident at work, so why are they saying this ?
    This could mean you have Pre existing medical conditions and the PPI should not have been added to the loan. That fact you have made a claim on your Policy for 12 months would be a factor for the Financial Ombudsman Service to consider if you decide to make a claim for mis-sold PPI.

    I would seriously consider phoning the fosicon about your issues in addition to complaining to acas about the treatment you have received from you former employer, the FOS can be contacted here..

    Links that may help with your claim for Mis-sold PPI
    Financial Ombudsman Service

    http://www.financial-ombudsman.org.u...-insurance.pdf

    hope this helps you out

    aa

    loan co also said : on my claim form (for 12months sick claim) I said I had not suffered from the problem before, they then added: this is not the case as my condition was as a result of an accident at work. The accident happened at work and after taking out the loan. But they now say I have commited fraud because - they say : it is a condition of the policy that any injury/illness anyone has or anytime you are not at work must be sent to the insurer for the duration of the loan. Having queried this, as in : are you supposed to tell them that 1/ today I had a headache 2/ I work with a cold/flu last week 3/ cut my finger pruning roses and the answer was 'yes' failure to do so invalidates the ppi.

    I am now in a situation that : they have all my gp/hospital notes without my consent, have written to me quoting medical subjects - clearly from my notes. I am unhappy as they now have access to my notes regarding IVF as my gp sent ALL my notes off not just those regarding my accident details. I am fuming, how my children were conceived is now floating around in the insurance dept of this loan company. Dont mention data protection, having spoken to dp, they said, you will not any compensation for this kind of distressicon and the gp practice will merely get a £50 and a suggestion the 'data controller'needs more training. This is a seperate issue but : my children are now so vunerable as the confidentiality of these notes have been released, and my gp was supposed to keep these things private, my children could be destroyed by the 'selling off of this info'. Really you have no idea how mortified I am about this being leaked.Not only have I been betrayed but my children have too.

    More : how can I defend myself, they are saying because my accident at work happened before this 'created' inception date I am not covered and have to pay 12months claim back. But my policy says I am covered from the agreement date - which states that is the date I sign the paperwork.

    They are also saying they will be sharing this information with other insurance companies and may take action under fraud.

    I cannot stress enough I have done nothing wrong. I took out a loan, signed paper work, sent it back, had my contractof employment returned, money paid into bank, direct debit set up, and as far as I was concerend I had done everything right : I had taken a loan out with ppi for my peace of mind, I had no idea that 3 days later I would have an accident at work. AllI did after the accident was sign myself off under self cert to get better during which time 1 weeks sick pay was sent by chq followed by a back dated p45 saying I had left at close of business on the date of the accident, I think that was illegal and definately done to try and cover the employers back but they couldnt go back any further than the accident date. They wouldnt budge so I had no choice but to pickmyself up and got on with life working when I could until I couldnt then made a claim out of nessessity.

    There is alot of stuff about suing for mis selling ppi, but am not sure if this is for me, I took it out to protect myself, my issue is, they wont pay, they have got my notes and are saying: I did not divulge my blue badge, therefore there are further issues of me getting the loan under falseness.I am not claiming for asthma, everyone knows a pre exisitng thing is not covered, the claim is about an accident at work after signing the loan agreement not my asthma.

    Putting it bluntly I am s*** scared, I wish I'd died in the accident now, I cannot believe this is being done to me. I repeat my accident happened after I signed and took out the loan complete with ppi. myppi policy does not mention anything about inception dates it states I am covered under ppi policy from the day I SIGN the loan agreement.So why are they saying this ?

    Please advise, can anyone help me?
    Hope this helps keep posting

    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.

  8. #8
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    gjgilly Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2008
    Posts
    9

    Default Re: claim (ppi) refused

    Hi Alanalna

    Re blue badge
    this is for asthma my accident at work involved burns to arms, face and feet.my asthma is nothing to do with this accident. i understand that pre existing conditions are never included, but my accident surely proves what the accident was,plus the claim was never for asthma either but the injuries from burns. i do not think i was mis sold the policy based on this, my upset is that they wont cover the accident injuries as the employer has put leaving date as the day of the accident therefore hmrc (i think that is the place where the employer would have sent their bottom copy to) have my leaving date as the closeof business on the date of the accident. so in effect, there is nothing i can do, they have stuffed me, and because of this p45 date they did not or could justify all the self cert forms i sent to them were never processed.

    i do not or did not have at that employer a union, so surely i cannot do anything at all re going through acas or anything union related - if i am wrong, please let me know as I am really scared about all of this, and honestly - i feel i am just going to have to walk away and accept i've been set up no matter how underhanded the employer was. plus as i have had a settlement out of court for the injuries does that now mean that even if this p45 date is the key thing (though at present detrimental to me) i cannot re-sue the employer ? i know it says on hmrc that they do not take very well to employers who backdate p45 to avoid paying any kind of or processessing self cert sick pay, but this will mean i end up in court agaiin and alot of hassle, plus even if i went to court this would exceed the 6 weeks the ins co have given me to appeal, so i loose in every sense.

    also, i have found today that the form i signed for my medical details to be sent to the insurer clearly says where i signed that my gp has to contact me to approve release of report. but my gp has sent all my notes without contacting me to agree to release, and now the ins co is writing asking me to explain this and that.

    out of all of this my heart in heavy more so because :my IVF details etc have also been sent and now the ins co may as well set up a website with all this on because we all know they sell any info on. i am devastated as my kids could be next in line to get mail asking for eg : as you are aware you are the result of your parents ivf treatment, we are contacting you to see if you would be happy to partake in a survey.

    Has anyone any idea how now both me and my spouse are living a nightmare as to if and when something of this nature is posted to our kids.

    spoke to data protection, and again they said, you cannot take any action for such distressicon all that willhappen is that they (surgery adminicon person) has to be retrained and the surgery will get at most a £50 fine. Yet our lives are ruined, the most private information has been sent off without consent.

    scared i am, for me in this financial mess, but more so because i cannot protect the mose precious thing of all - my kids.



Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE