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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.
I had PPI on a credit card and claimed on it when I was made redundant a number of years ago.
The T&C's claim that you cannot claim for unemployment if you were out of work for x amount of months however, the credit card company is still taking the exact same payments as I paid for when I could claim even though I can't.
I hope that that makes sense!
Do I have any recourse or not and if so, what do I do next?
I had PPI on a credit card and claimed on it when I was made redundant a number of years ago.
The T&C's claim that you cannot claim for unemployment if you were out of work for x amount of months however, the credit card company is still taking the exact same payments as I paid for when I could claim even though I can't.
I hope that that makes sense!
Do I have any recourse or not and if so, what do I do next?
Cheers,
Belstar
Yes, I believe you do have recourse. PPI does not cover self-employed people.
This is what you have to do next.
1. If you don't have them, get ALL statements since the account was opened. If you tell us who the provider is, I'll prepare the Subject access request for them.
2. Within the Subject access request, get a copy of the agreement with a CCA request. This will be within the letter I prepare for you.
3. When I post the SAR/CCA document, I will tell you who exactly to have Postal Orders made payable to. You will need to get one postal order for £10 and one postal order for £1. This will cost you a total of £12.50.
4. Amend the letter I will post up here with your details [account number, name, date of birth & address]. Put it into an envelope with the 2 postal orders, address it to the address on the letter. Do NOT sign it. Send it by Royal Mail SPECIAL Delivery [NOT Recorded Delivery].
When you get the statements let us know and I'll post a spreadsheet format to enter the payments for PPI you have made, and the payments for default charges you have made.
They have 12 days + 2 working days to send you the agreement documents, at which point if they haven't you send them a default letter, which I will post up here if necessary.
They have 40 days to comply with the Subject Access Request. If they don't you send them a nasty letter.
We then work out the basis for your claim and proceed from there. I personally prefer to take matters like this to the Financial Ombudsman Service. This is because all Credit Card providers have refunded default charges when going through the fos, and sometimes before, and if your claim is as you say it is you will likely get the money back for PPI, without spending more than postal orders - which you'd get anyway - and a bit of postage. Where as court would cost you court fees - unless you get exemption - and postage as well, and cannot award compensation, only interest & the fees paid. If a PPI policy has genuinely been mis-sold, then you would be entitled to compensation through the FOS.
------------------------------------------------------------------------------------- All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional.
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legalpickle gives sound advice. This is something to consider when sending the SAR.
You can be specific with what data you request although the Subject access request is really asking for everything. The Statutory fee is £10.00 Postal Order is fine but keep the details of the number for future reference. The post office will be able to confirm when it was encashed (just call 01246 542091 they will even send written confirmation if you request it) Send all correspondence by at least recorded to be signed for so you can track delivery through Royal Mail
You should request the following documents:
A true copy of your Consumer Credit Agreement with the terms and conditions that were applicable at the time you took the loan/card/mortgage.
Copies of all statements applicable to the loan/card/mortgage.
Copies of all correspondence that apply to you as a data subject ie letters, emails, faxes etc.
Copies of all recorded telephone calls or transcripts of the recordings.
Copies of any notes made by bank/loan company staff in their dealings with you as a data subject.
Do not be fobbed off by them citing issues such as relevant filing systems.
If they have any records/data on you as a data subject and it is held under your name, address, post code, account number/s or any other system where the data is identifiable to you then it is a relevant filing system. Even if it is a specific serial number on microfiche records and the serial number is applicable to you.
Have a look in the stickies at the top of the forum. This is an example of what is hidden away. THIS LINK IS IMPORTANT TO YOU ON RECLAIMING IT IS FROM 2001 FROM THE fos loan payment protection insurance and a quote from this link...
Quote:
When determining whether a policy is suitable, a seller – whether a lender or an agent for the insurer – must obviously take into consideration any information the prospective policyholder volunteers. However, we do not consider the seller’s duty is limited simply to recording what the borrower discloses. It is only by asking questions that the seller can properly determine suitability. These questions cannot cover every aspect of a borrower’s personal position and should not be expected to do so. To paraphrase the ABI Statement, only those matters deemed to be relevant by the insurer should be the subject of questions.
All and more available in this link
It just takes a bit of time to plough through it but a lot of valuable info is here for you.
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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.
Query on PPI Mis-Selling
on a credit card and claimed on it when I was made redundant
Reply With Quote
Originally Posted by BelstarBomb
All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. 
If you feel my post has been helpful, please click my scales. 
