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.
When you submit a claim for repayment of mis-sold PPI the financial institutions are returning letters to put you off continuing your claims.
They are using such excuses as:
The terms and conditions allowed you 30 days to cancel.
You signed the relevant box agreeing to the PPI.
We are not regulated by the Financial Services Authority so you will have to contact General Insurance Standards Council (GISC) or the Financing and Leasing Authority (FLA).
They will also tell you you cannot claim back beyond six years as they do not keep records beyond six years.
All of this is INCORRECT. You must put them to strict proof that the records do not exist if they state they do not. This means you must insist they produce evidence of destruction of the documents certified by a registered data controller within their organisation as is required under the Civil Evidence Act 1995. This acts requires banks and other institutions to keep auditable records on documentation they hold and includes certification of destruction.
Please do not accept what the banks say in response to your PPI claims if you are unsure then submit a formal complaint to the Financial Ombudsman Service and let them make a formal adjudication on the issue of mis-selling of PPI.
Additionally be aware that any loans that fall into arrears and end up as debt management plans DMPs such as CCCS etc. When a debt enters into a DMP the financial institution usually closes the account, stops the interest and accepts a reduced monthly payment until the debt is paid off.
BE AWARE WHEN THE ACCOUNT IS CLOSED AND YOU START TO PAY A MINIMUM MONTHLY PAYMENT. IT IS UNLIKELY THAT ANY PPI ON THE OUTSTANDING AMOUNT WILL HAVE BEEN REFUNDED. SO EVEN THOUGH THE ACCOUNT IS CLOSED AND YOU WILL NO LONGER HAVE PPI COVER YOU WILL STILL BE PAYING FOR IT.
IF YOU ARE ON A debt management PLAN YOU SHOULD STILL SEEK TO CLAIM BACK MIS-SOLD PPI ON THE ORIGINAL LOAN AND ALSO CONTACT YOU DEBT MANAGMENT TEAM TO TELL THEM THIS IS WHAT YOU ARE DOING.
I HAVE JUST MANAGED TO CLAIM A £4K PLUS REFUND ON A DMP SO GO FOR IT.
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
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.
Thanks for this information very helpfull, having been in correspondance since October 2006 claiming back PPI, from G E ,they told me in another letter March 2009, my files had been securley destroyed.
I have actually last Monday put my clam through the Courts so havae to think now about restitutionary damages
Thanks for this I'm sure it will encourage us all to continue further.
I want to recalim my PPI from Halifax, bundled in with a loan, but pre existing medical cond means I would not qualify, I do not appear to have any insuranc document (?) to say what I am covered for etc either.
'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819
I want to recalim my PPI from Halifax, bundled in with a loan, but pre existing medical cond means I would not qualify, I do not appear to have any insuranc document (?) to say what I am covered for etc either.
Maybelline you should start your own definitive thread that belongs to you alone then you can post and get the appropriate responses to your claim.
Use this link to start your own thread on your claim against halifax and that way you keep tabs on your own case and this will enable you to keep tabs on the Progress of your claim.
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
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.
a sort of fire-fighting role here. Hate HFC & their past compulsory PPI ethos
Posts
24,953
Re: BANKS are giving incorrect advice on PPI
Originally Posted by maybelline
I want to recalim my PPI from Halifax, bundled in with a loan, but pre existing medical cond means I would not qualify, I do not appear to have any insuranc document (?) to say what I am covered for etc either.
cant see why not.
your first step would prob be to SAR halifax and see what you get back.
if you look at the other stickies at the top of this forum
i'd follow the notes for claimants one.
i'd also start your own thread
dx
GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
Some folks are taken aback at the massive costs attached to loans and end up not being able to pay the monthly premiums. Well news for anyone that is in this position. If you happen to be on a debt management plan whereby your interest premiums have been frozen but you are tied into paying all outstanding debt over a set period of years.
the good news is you can still claim back for mis-sold Payment Protection Insurance for this even though you may be on a debt management Plan this means you can sort out your finances and even claim back PPI if you have a case for mis-selling.
Keep up with reclaiming the lot
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
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.
Alan absolutely fantastic this question is one that has been asked many times over and now you post a good answer Oh and Well Done mate
PF
Spread the news :grin:
If you are tied up with a debt management Plan you can still claim back PPI if you have a valid reason to claim mis-selling.
Go for it
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
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.
Quick question,and feel free to point me elsewhere,,,, I have a loan with BOS, and have PPI, which I have just cancelled.... They are going to rekey the loan with the insurance taken off, give me a new loan (without credit search and charges) BUT INSIST on giving me a 3 month payment "holiday",effectively charging me extra interest, they say they CANNOT remove the deferment, Any Ideas anyone??
Quick question,and feel free to point me elsewhere,,,, I have a loan with BOS, and have PPI, which I have just cancelled.... They are going to rekey the loan with the insurance taken off, give me a new loan (without credit search and charges) BUT INSIST on giving me a 3 month payment "holiday",effectively charging me extra interest, they say they CANNOT remove the deferment, Any Ideas anyone??
Yes tell them to forget the 3 month holiday just tell them to cancel the PPI repay the payments made including the contractual interest and the 8% statutory interest reduce the payments to reflect the removal of PPI in full and keep the reduced payments at that level for the remainder of the existing term. do not sign up to any new agreement as it could be detrimental.
The RBS cancelled my PPI but only reduced the monthly payment by a few pounds after the fos became involved the payments reduced even further and my PPI refund was £10k +
be very wary of what the banks will try and do to keep you paying as much as possible.
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
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.
side a pile of LTSB 'fob-off' letters struggling to get out!
Posts
2,398
Re: BANKS are giving incorrect advice on PPI
Hi everyone
I know this thread is about banks giving incorrect information, but thought this might be of interest - another Cagger has an ongoing claim for mis-sold PPI with MBNA which has just been upheld by the fos.
The claim she put in included contractual interest plus 8% as recommended here on CAG and of course the FOS acceptance form (as I recently found out with our MBNA PPI claim) doesn't allow for giving an idea of how much exactly the refund will be.
The Cagger in question called the FOS and spoke to the adjudicator dealing with her complaint. She specifically asked about contractual interest and the adjudicator told her that -
a) It's unlikely she would get it
b) The FOS only stipulate that the company pays you 8% statutory interest as per court regulations
Now I don't know whether this is a misunderstanding as I was under the assumption that you were entitled to interest at the contractual rate because this is the rate you have been charged on the PPI premiums
If not and the FOS are not going to insist on companies refunding at the contractual rate an awful lot of people are going to be disappointed - we have had a couple of offers lately which have only included 8% interest, one of which we have passed back to the FOS - no response to us on this as yet though............
Just thought I should share this and wasn't sure where to put it!
Regards,
Landy x
LTSB PPI on various loans (current/settled) - Refunded inc 8%
MBNA 1 Charges - Refunded inc CI
MBNA 1 PPI - Refunded
MBNA 2 Charges - Refunded inc 8%
MBNA 2 PPI - Refunded
MBNA 2 Accident Ins - Refunded
Swift Advances (settled) Mortgage Charges -Partially refunded
Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%
Sainsburys (settled) Loan PPI - Refunded inc CI +8%
Sainsburys (closed) Card Charges - Refunded inc CI + 8%
M&S Money (closed) Card Charges - Refunded inc CI
M&S Money (closed) Card PPI - Refunded inc 8%
Direct Line (settled) Loan PPI - Refunded inc CI + 8%
But surely if the fos stipulate that you must be put back in the position you would have been in had you not had the PPI this would include the compounded interest because that is what you have paid.
So it stands to reason rolling back to before you had the PPI must include the interest paid on those payments.
Think I will write to the FOS to clarify this matter.
side a pile of LTSB 'fob-off' letters struggling to get out!
Posts
2,398
Re: BANKS are giving incorrect advice on PPI
Originally Posted by pompeyfaith
But surely if the fos stipulate that you must be put back in the position you would have been in had you not had the PPI this would include the compounded interest because that is what you have paid.
So it stands to reason rolling back to before you had the PPI must include the interest paid on those payments.
Think I will write to the FOS to clarify this matter.
PF
Exactly PF - that's what I don't understand - but this was straight from the horse's (adjudicator's) mouth
LTSB PPI on various loans (current/settled) - Refunded inc 8%
MBNA 1 Charges - Refunded inc CI
MBNA 1 PPI - Refunded
MBNA 2 Charges - Refunded inc 8%
MBNA 2 PPI - Refunded
MBNA 2 Accident Ins - Refunded
Swift Advances (settled) Mortgage Charges -Partially refunded
Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%
Sainsburys (settled) Loan PPI - Refunded inc CI +8%
Sainsburys (closed) Card Charges - Refunded inc CI + 8%
M&S Money (closed) Card Charges - Refunded inc CI
M&S Money (closed) Card PPI - Refunded inc 8%
Direct Line (settled) Loan PPI - Refunded inc CI + 8%
I have also been told by the fos adjudicator that they offer just 8% interest on the premiums paid
Right they are confusing you here if they said premiums paid then this would include the compounded interest because what happens is this:
The banks add the PPI POLICY to the Loan this PPI POLICY then attracts interest at what ever rate that is then divided by how many months you are paying over to give the monthly premium to pay.
EXAMPLE: £100.00 POLICY taken out on the 1st Jan 2003 for 60 mths
PPI POLICY COST £1000.00
INTEREST AT 10%£ 657.19
TOTAL PAYABLE £1657.19 DIVIDE BY 60 = £27.62
So £27.62 is the monthly premium to pay and this includes the compounded interest you have paid and the FOS will add 8% simple to that.
side a pile of LTSB 'fob-off' letters struggling to get out!
Posts
2,398
Re: BANKS are giving incorrect advice on PPI
Originally Posted by pompeyfaith
Right they are confusing you here if they said premiums paid then this would include the compounded interest because what happens is this:
The banks add the PPI POLICY to the Loan this PPI POLICY then attracts interest at what ever rate that is then divided by how many months you are paying over to give the monthly premium to pay.
EXAMPLE: £100.00 POLICY taken out on the 1st Jan 2003 for 60 mths
PPI POLICY COST £1000.00
INTEREST AT 10%£ 657.19
TOTAL PAYABLE £1657.19 DIVIDE BY 60 = £27.62
So £27.62 is the monthly premium to pay and this includes the compounded interest you have paid and the fos will add 8% simple to that.
Regards
PF
Hi PF
So do you think that the other Cagger I originally mentioned was also confused by what she was told by her FOS adjudicator - possibly he didn't explain it very well to her and we have been getting our knickers in a twist over nothing here?
Not that I'm saying you wear knickers btw
Regards,
Landy x
LTSB PPI on various loans (current/settled) - Refunded inc 8%
MBNA 1 Charges - Refunded inc CI
MBNA 1 PPI - Refunded
MBNA 2 Charges - Refunded inc 8%
MBNA 2 PPI - Refunded
MBNA 2 Accident Ins - Refunded
Swift Advances (settled) Mortgage Charges -Partially refunded
Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%
Sainsburys (settled) Loan PPI - Refunded inc CI +8%
Sainsburys (closed) Card Charges - Refunded inc CI + 8%
M&S Money (closed) Card Charges - Refunded inc CI
M&S Money (closed) Card PPI - Refunded inc 8%
Direct Line (settled) Loan PPI - Refunded inc CI + 8%
BANKS are giving incorrect advice on PPI
allowed you 30 days to cancel.
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Originally Posted by maybelline
