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



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  1. #1
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    Default PPI Non payment to creditor, help please

    Hi to all, thanks for taking the time to read my post.

    A little information, i was made redundanticon late last year, purchased a car from Carcraft with added PPIicon (was told i had to have PPI or i could not have the car), called PPI up and they said they would start paying after 3 month wating period.

    The finance company have had 2 payments since Oct last year, i questioned this, and have paid from 03-06 this year.

    Now in a letter from the PPI company they say they need evidence from myself looking for work. I have looked through the policy and it doesn't state that they need evidence at all. I send them ABI1 forms fortnightly as proof that i am out of work and actively seeking work.

    I called them this morning to question why payments had stopped and they have now said the underwriters need this information (evidence of looking for work) that is why payments have stopped.

    Well i called the underwriters and they have no idea what is going on and have logged a complaint.

    Are the PPI company trying to pull a fast one (as it were?) I send relevant forms from the job centre giving proof that i am out of work and actively seeking work, (surely this is sufficient evidence).

    Also during the converation the CSA asked what i was doing to look for work, what kind of work i am looking for etc. Do i need to disclose to them what i am doing? (I did explain that by being on JSA i have to provide proof to the job centre that i am looking for work, otherwise i would not be entitled to benefits)
    Any help or ideas would be appreciated.


  2. #2
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    Default Re: PPI Non payment to creditor, help please

    Quote Originally Posted by little_evo View Post
    Hi to all, thanks for taking the time to read my post.

    A little information, i was made redundanticon late last year, purchased a car from Carcraft with added PPI (was told i had to have PPI or i could not have the car) This is a reason for claiming the PPI was mis-sold, called PPI up and they said they would start paying after 3 month wating period.

    The finance company have had 2 payments since Oct last year, i questioned this, and have paid from 03-06 this year.

    Now in a letter from the PPI company they say they need evidence from myself looking for work. I have looked through the policy and it doesn't state that they need evidence at all. I send them ABI1 forms fortnightly as proof that i am out of work and actively seeking work.

    I called them this morning to question why payments had stopped and they have now said the underwriters need this information (evidence of looking for work) that is why payments have stopped. Again they have obviously made payments when you have claimed and then found a reason to stop the payments and the reasons are not in your terms and conditions.

    This seem to happen quite a lot they add on PPI making a lot of money but when you come to make a claim life gets very difficult. The do not want to have to pay out when claims are made.

    Well i called the underwriters and they have no idea what is going on and have logged a complaint.

    Are the PPI company trying to pull a fast one (as it were?) I send relevant forms from the job centre giving proof that i am out of work and actively seeking work, (surely this is sufficient evidence).

    Also during the converation the CSA asked what i was doing to look for work, what kind of work i am looking for etc. Do i need to disclose to them what i am doing? (I did explain that by being on JSA i have to provide proof to the job centre that i am looking for work, otherwise i would not be entitled to benefits)
    Any help or ideas would be appreciated.
    Yes I believe they are trying as you say to pull a fast one

    Sell the PPI make a shed load of money and if a claim comes in find an excuse to not pay the claims.

    You IMO should get all of the data and paperwork if you do not already have this. If not ask for the data using this.

    Full SAR for ppi when you send the PPI ask for::::

    You can be specific with what data you request although the Subject access requesticon 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 callsicon 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.
    See also the following links...

    PPI - Some Notes for Claimants..

    Mis-sold PPI? Want your money back? use these links to help

    A lot of reading but useful stuff in the links to help you.

    I would consider a complaint to the Financial Ombudsmanicon Service for mis-selling the PPI.

    A complaint to the Office of Fair Trading for a breach of trading standards.

    A complaint to the Financial Services Authority for the failure to treat a customer fairly.

    All the information on the above is in the Mis-sold PPI? link above.

    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.

  3. #3
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    Default Re: PPI Non payment to creditor, help please

    Thank you Alanalana for your response, subsequently i called back both the underwriter and the PPIicon company this afternoon with regards to the wording of the policy, as it does not clearly state anywhere that i have to provide proof of looking for work. (Although i do this when i visit the job centre fortnightly). They then fill an ABI1 form for me to submit to the the PPI company. They have made a few payments and after a call last week to them they seem to have stopped and have now called an "extra rule" (as it were) for them to continue paying the car finance.

    I am told by the underwriter that it will now take 10 working days for them to make a decision as per complaint i have made, (one would imagine they will side with the PPI company?)

    Also i suspect during this time (and since i began to claim the PPI claim due to redundancyicon), late fees have been applied to the account, (due to the fact the PPI have not been paying although i have been sending in relevant Govt forms to them i.e ABI1 form) bringing the amount payable almost as it were when i purchased the car. Also within the last month or so the O/L has been sending DCAicon's to the home, calling (rather rudely and swearing on the phone) asking for the outstanding balance.

    Sadly no-one seems to be very co-operative, and i am jimmy in the middle, not knowing what is going on and the car finance seems to be rising all the time.


  4. #4
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    Default Re: PPI Non payment to creditor, help please

    Quote Originally Posted by little_evo View Post
    Thank you Alanalana for your response, subsequently i called back both the underwriter and the PPIicon company this afternoon with regards to the wording of the policy, as it does not clearly state anywhere that i have to provide proof of looking for work. (Although i do this when i visit the job centre fortnightly). They then fill an ABI1 form for me to submit to the the PPI company. They have made a few payments and after a call last week to them they seem to have stopped and have now called an "extra rule" (as it were) for them to continue paying the car finance.

    I am told by the underwriter that it will now take 10 working days for them to make a decision as per complaint i have made, (one would imagine they will side with the PPI company?)

    Also i suspect during this time (and since i began to claim the PPI claim due to redundancyicon), late fees have been applied to the account, (due to the fact the PPI have not been paying although i have been sending in relevant Govt forms to them i.e ABI1 form) bringing the amount payable almost as it were when i purchased the car. Also within the last month or so the O/L has been sending DCA's to the home, calling (rather rudely and swearing on the phone) asking for the outstanding balance.

    Sadly no-one seems to be very co-operative, and i am jimmy in the middle, not knowing what is going on and the car finance seems to be rising all the time.

    As my post above start to complain to the regulatory authorities. If DCAs are getting involved you should seek advice on this thread...

    debt collection Industry

    Also try and get a recording system to record the abusive calls

    see this thread for more help.

    telephone harassment

    Protection from Harassment Act 1997 (c. 40)

    These links should help on the harrassment issues


    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.


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