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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  1. #1
    Basic Account Holder jetli Novitiate

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    Default Letter to claim PPI back

    Hi all

    Is there a standard letter for claiming back mis-soldicon PPI?

    I need this urgently as the one I have for my mortgageicon could help to offset some arrears and GE are getting closer than I like.


  2. #2
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    Default Re: Letter to claim PPI back

    Hi

    Have you got your figures sorted and the reasons it was missoldicon to you?

    You can get around putting figures in but you may need to have a look at stickies at top of PPI section to see if it was missold.

    The letter I used mentions amounts to be reclaimed but I might be able to find one without figures if you don't have them.

    Jan


  3. #3
    Basic Account Holder jetli Novitiate

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    Default Re: Letter to claim PPI back

    Now know it was mis-soldicon because it only covered my Husband who is self employed and the cover is if he goes bankrupt etc no mention of un-employment etc

    PPI with First National part of GE! No other quotes or Companies offered


  4. #4
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    Default Re: Letter to claim PPI back

    Right, I like this letter that I pinched from another site but I haven't actually used it yet. I like it because there are no amounts to put in (these can be difficult to work out). BUT I'm not sure about it so please don't use it until others have commented (I'm unsure of the pink bit). alanalana may come on later and find you a better letter or amend this one.

    Jan



    Dear Sir/Madam

    Re: Account / Policy number: 123456789

    I have been looking at my agreement with you, reference above and have noted that I purchased Payment Protection Insurance from you.

    I am now of the belief that I was mis-soldicon this policy due to being self employed when I took out the policy and this was made aware to your member of staff when the policy was sold. I have now read your terms and conditions and they state that I would not be able to claim due to my circumstances. I was also not given the correct information when this policy was sold to me because your agent stated that I would not get the credit associated with it unless I accepted the policy. This leads me to believe that your agent who sold me the policy has no financial background and therefore they were not in a position to sell the policy in my best interests.

    What I expect from you is justification that the policy was suitable for me based on my circumstances and an explanation as to how your suitability criteria works. If you cannot justify this to my satisfaction I request a full refund of all premiums paid to date as well as interesticon on these payments.

    As I believe I have been deprived of this money I also expect an interest element to be added to each sum, at a suitable rate and using a suitable calculation method, as a compensatory gesture.

    In respect of cancellation of a policy may I draw your attention to the following reports from the FSA, namely, 'The sale of payment protection insurance - results of thematic work, November 2005' & 'The Sale of Payment Protection Insurance - results of follow-up thematic work, October 2006'' that state "When consumers cancel the PPI without repaying the loan, some firms will need to reissue the loan without the PPI. Firms should ensure they treat their customers fairly in relation to the terms on which they reissue the loan.". This means that any new loan is on the same or better terms and does not detriment me in any way and that this is to be done without making a new search on my credit file

    I expect a swift response to this letter within 14 days, containing either your full justification or notice that you will be refunding these payments.

    If I do not receive a satisfactory response I will issue another letter notifying you of my intention to take further action if the matter is not resolved within a further 14 days. After this limit has passed I will be either contacting the Financial Ombudsmanicon to investigate my complaint or issuing court proceedings.

    Yours faithfully


  5. #5
    Basic Account Holder jetli Novitiate

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    Default Re: Letter to claim PPI back

    Ok thanks will wait a response - Thank you


  6. #6
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    Default Re: Letter to claim PPI back

    Quote Originally Posted by Jan4a View Post
    Right, I like this letter that I pinched from another site but I haven't actually used it yet. I like it because there are no amounts to put in (these can be difficult to work out). BUT I'm not sure about it so please don't use it until others have commented (I'm unsure of the pink bit). alanalana may come on later and find you a better letter or amend this one.

    Jan



    Dear Sir/Madam

    Re: Account / Policy number: 123456789

    I have been looking at my agreement with you, reference above and have noted that I purchased Payment Protection Insurance from you.

    I am now of the belief that I was mis-sold this policy due to being self employed when I took out the policy and this was made aware to your member of staff when the policy was sold. I have now read your terms and conditions and they state that I would not be able to claim due to my circumstances. I was also not given the correct information when this policy was sold to me because your agent stated that I would not get the credit associated with it unless I accepted the policy. This leads me to believe that your agent who sold me the policy has no financial background and therefore they were not in a position to sell the policy in my best interests.

    What I expect from you is justification that the policy was suitable for me based on my circumstances and an explanation as to how your suitability criteria works. If you cannot justify this to my satisfaction I request a full refund of all premiums paid to date as well as interesticon on these payments.

    As I believe I have been deprived of this money I also expect an interest element to be added to each sum, at a suitable rate and using a suitable calculation method, as a compensatory gesture.

    In respect of cancellation of a policy may I draw your attention to the following reports from the FSA, namely, 'The sale of payment protection insurance - results of thematic work, November 2005' & 'The Sale of Payment Protection Insurance - results of follow-up thematic work, October 2006'' that state "When consumers cancel the PPI without repaying the loan, some firms will need to reissue the loan without the PPI. Firms should ensure they treat their customers fairly in relation to the terms on which they reissue the loan.". This means that any new loan is on the same or better terms and does not detriment me in any way and that this is to be done without making a new search on my credit file

    I expect a swift response to this letter within 14 days, containing either your full justification or notice that you will be refunding these payments.

    If I do not receive a satisfactory response I will issue another letter notifying you of my intention to take further action if the matter is not resolved within a further 14 days. After this limit has passed I will be either contacting the Financial Ombudsmanicon to investigate my complaint or issuing court proceedings.

    Yours faithfully
    Jetli sorry to but in but this letter did the business for me. It is aimed at Jan4a and it could be used to flesh out the letter posted earlier.

    1. Responsibilities When Underwriting a Policy of Insurance: On each occasion, when the details of a loan were discussed your Direct Line sales advisors failed to check my personal circumstances at the time of the sale, which they are under obligation to do when underwriting a Policy of Insurance. If they had done so, they would have realised that the PPI policies were useless to me. At no time was any attempt made to ascertain if the product provided was fit for purpose, suitable for my needs or if indeed it was required at all.

    2. Alternative Insurance Cover: Your sales advisors in each case failed to ask me if I had any alternative arrangements for insurance cover. My employer has a generous illness package which would cover a period of sickness as follows: 6 months full pay followed by 6 months half pay. I would also be entitled to a generous redundancyicon package and a substantial payment would be made in the event of my death in service (more than suffice to clear the balance of the loan).
    [extra space removed]
    3.Failure to Supply Important Information with Regard to Significant Policy Exclusions: I was most definitely not informed that the PPI policies could contain certain exclusions which could affect me and my ability to claim on the policies if I should need to. Additionally I was never told that Pre Existing Medical Conditions could invalidate my policy and I was never asked if I had any Pre Existing Medical Conditions despite your advisors being aware I was in receipt of a War Disablement Pension. One element of this pension includes back injury which I know is an exclusion in PPI Policies. I also believe that I would also be excluded on at least one other existing condition.

    4.Widespread PPI mis-sellingicon:I am now aware of the widespread mis-selling of PPI by some financial institutions, following recent media coverage and recent OFT, FSA and Competition Commission investigations and inquiries regarding the mis-selling of PPI. I believe this is borne out by Point 3 above. I am also aware that the question of PPI cover is the subject of an ongoing inquiry by the Competition Commissioner The provisional findings have just been released as a news brief on 5 June 2008.

    5. Wholly Inappropriate PPI Selling - Employee Bonuses: I understand that some employees are paid higher bonuses if they get prospective creditors to take out PPI with loans. How can the best interests of the customer possibly be met, if there is a clear conflict of interest between your responsibilities to me, and the drive of your employees to sell Payment Protection Insurance whether it is suitable or not in order to receive bonuses?

    6. True Nature of Single Premium PPI Not Explained: No explanation was forthcoming from any advisor on any occasion on the full extent of single premium PPI policies or the fact that they would offer little or no refund if the loan was settled early or if the insurance was cancelled. The statements you have forwarded on accounts xxx and xxx, show no element of any refund of PPI or PPI interest when the accounts were refinanced or settled. There was also no explanation that the cost of the PPI premium would be added to the total cost of credit and interest added for the full term of the agreement. I believe this practice is unlawful.

    7. Unfair attachment of PPI with no competition involvement: I now believe that the single premium PPI policies attached to the loan accounts were both extremely unfair and totally unreasonable and offered me very little, if any protection value whatsoever. Furthermore I believe in light of the preliminary finding by the Competition Commission that the PPI was unfairly attached as there was no opportunity for me to seek competitive Insurance. I am therefore requesting a full refund of all costs including all single PPI premiums that have been paid, the interest added to these premiums and the PPI proportion of the direct debiticon payments, that I have paid over the life of the account agreement.
    [extra space added]
    Furthermore as I believe I have been unlawfully deprived of this money, I also expect the repayment of the interest at the Statutory Interest rate of 8% to be applied to of each of the single premiums and the PPI proportion of the direct debit payments.
    Details of the single premiums for each account with the interest payments made are as follows:
    If anything is of use in the letter that matches your own claim please feel free to use 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

    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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  7. #7
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    Default Re: Letter to claim PPI back

    Jetli sorry to but in but this letter did the business for me. It is aimed at Jan4a and it could be used to flesh out the letter posted earlier.
    Thanks, that's what I was after!

    Right, so with letter and AA's para's merged together we are left with the following template that you can just amend/delete to suit you. If anyone else has any comments/amends please feel free.

    Send recorded delivery - I think they have 40 days to reply to you, even though it says 14 in letter.


    Dear Sir/Madam

    Re: Account / Policy number: 123456789

    I have been looking at my agreement with you, reference above and have noted that I purchased Payment Protection Insurance from you.

    I am now of the belief that I was mis-sold this policy for the following reasons:

    1. Employment Status: Due to being self employed when I took out the policy.

    2. Responsibilities When Underwriting a Policy of Insurance: On each occasion, when the details of a loan were discussed your sales advisors failed to check my personal circumstances at the time of the sale, which they are under obligation to do when underwriting a Policy of Insurance. If they had done so, they would have realised that the PPI policies were useless to me. At no time was any attempt made to ascertain if the product provided was fit for purpose, suitable for my needs or if indeed it was required at all.

    3. Alternative Insurance Cover: Your sales advisors in each case failed to ask me if I had any alternative arrangements for insurance cover. My employer has a generous illness package which would cover a period of sickness as follows: 6 months full pay followed by 6 months half pay. I would also be entitled to a generous redundancyicon package and a substantial payment would be made in the event of my death in service (more than suffice to clear the balance of the loan).

    4. Failure to Supply Important Information with Regard to Significant Policy Exclusions: I was most definitely not informed that the PPI policies could contain certain exclusions which could affect me and my ability to claim on the policies if I should need to. Additionally I was never told that Pre Existing Medical Conditions could invalidate my policy and I was never asked if I had any Pre Existing Medical Conditions despite your advisors being aware I was in receipt of a War Disablement Pension. One element of this pension includes back injury which I know is an exclusion in PPI Policies. I also believe that I would also be excluded on at least one other existing condition.

    5. Widespread PPI mis-sellingicon:I am now aware of the widespread mis-selling of PPI by some financial institutions, following recent media coverage and recent OFT, FSA and Competition Commission investigations and inquiries regarding the mis-selling of PPI. I believe this is borne out by Point 3 above. I am also aware that the question of PPI cover is the subject of an ongoing inquiry by the Competition Commissioner

    6. Wholly Inappropriate PPI Selling - Employee Bonuses: I understand that some employees are paid higher bonuses if they get prospective creditors to take out PPI with loans. How can the best interests of the customer possibly be met, if there is a clear conflict of interesticon between your responsibilities to me, and the drive of your employees to sell Payment Protection Insurance whether it is suitable or not in order to receive bonuses?

    7. True Nature of Single Premium PPI Not Explained: No explanation was forthcoming from any advisor on any occasion on the full extent of single premium PPI policies or the fact that they would offer little or no refund if the loan was settled early or if the insurance was cancelled. The statements you have forwarded on accounts xxx and xxx, show no element of any refund of PPI or PPI interest when the accounts were refinanced or settled. There was also no explanation that the cost of the PPI premium would be added to the total cost of credit and interest added for the full term of the agreement. I believe this practice is unlawful.

    8. Unfair attachment of PPI with no competition involvement: I now believe that the single premium PPI policies attached to the loan accounts were both extremely unfair and totally unreasonable and offered me very little, if any protection value whatsoever. Furthermore I believe in light of the preliminary finding by the Competition Commission that the PPI was unfairly attached as there was no opportunity for me to seek competitive Insurance. I am therefore requesting a full refund of all costs including all single PPI premiums that have been paid, the interest added to these premiums and the PPI proportion of the direct debiticon payments, that I have paid over the life of the account agreement.

    What I expect from you is justification that the policy was suitable for me based on my circumstances and an explanation as to how your suitability criteria works. If you cannot justify this to my satisfaction I request a full refund of all premiums paid to date as well as interest on these payments.

    Furthermore as I believe I have been unlawfully deprived of this money, I also expect the repayment of the interest at the Statutory Interest rate of 8% to be applied to of each of the single premiums and the PPI proportion of the direct debit payments.

    In respect of cancellation of a policy may I draw your attention to the following reports from the FSA, namely, 'The sale of payment protection insurance - results of thematic work, November 2005' & 'The Sale of Payment Protection Insurance - results of follow-up thematic work, October 2006'' that state "When consumers cancel the PPI without repaying the loan, some firms will need to reissue the loan without the PPI. Firms should ensure they treat their customers fairly in relation to the terms on which they reissue the loan.". This means that any new loan is on the same or better terms and does not detriment me in any way and that this is to be done without making a new search on my credit file.

    I expect a swift response to this letter within 14 days, containing either your full justification or notice that you will be refunding these payments.

    If I do not receive a satisfactory response I will issue another letter notifying you of my intention to take further action if the matter is not resolved within a further 14 days. After this limit has passed I will be either contacting the Financial Ombudsmanicon to investigate my complaint or issuing court proceedings.

    Yours faithfully

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  8. #8
    Basic Account Holder jetli Novitiate

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    Default Re: Letter to claim PPI back

    Thanks very much I will d this today and let you know how I get on


  9. #9
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    Default Re: Letter to claim PPI back

    Yes, let us know. If they offer you anything, it should be PPIicon plus contractual interesticon plus 8%. Post up and people will check for you.

    Good luck
    Jan


  10. #10
    Basic Account Holder Suebear Novitiate

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    Default Re: Letter to claim PPI back

    Hi if you need some help i know of a very helpful company that a mate used to get back their PPIicon, they could help you or just give you some advice! very reliable and know all the ropes


  11. #11
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    Default Re: Letter to claim PPI back

    Most claims companies charge almost 30% - CAGicon advise doing it ourselves to save the money. It is only a matter of sending the letter which Jetli now has. If she hits problems, people will give her free advice on this site.

    Jan


  12. #12
    Basic Account Holder jetli Novitiate

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    Default Re: Letter to claim PPI back

    Quote Originally Posted by Jan4a View Post
    Most claims companies charge almost 30% - CAGicon advise doing it ourselves to save the money. It is only a matter of sending the letter which Jetli now has. If she hits problems, people will give her free advice on this site.

    Jan
    Thank you as dont have the money for someone else to deal with it!


  13. #13
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    Default Re: Letter to claim PPI back

    Thank you as dont have the money for someone else to deal with it!
    Claims companies would take the approx 30% from any PPIicon refund you got. But there are loads of complaints about them on here, it is faster doing it yourself, they don't rush. I started with one myself but after they hadn't done anything in 3 months I sackedicon them and did it myself and got my refund in 2 months!

    I am sure there are good ones as well, but why pay someone for something you can do yourself?

    Jan


  14. #14
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    Default Re: Letter to claim PPI back

    Quote Originally Posted by Jan4a View Post
    Thanks, that's what I was after!

    Right, so with letter and AA's para's merged together we are left with the following template that you can just amend/delete to suit you. If anyone else has any comments/amends please feel free.

    Send recorded delivery - I think they have 40 days to reply to you, even though it says 14 in letter.


    Dear Sir/Madam

    Re: Account / Policy number: 123456789

    I have been looking at my agreement with you, reference above and have noted that I purchased Payment Protection Insurance from you.

    I am now of the belief that I was mis-sold this policy for the following reasons:

    1. Employment Status: Due to being self employed when I took out the policy.

    2. Responsibilities When Underwriting a Policy of Insurance: On each occasion, when the details of a loan were discussed your sales advisors failed to check my personal circumstances at the time of the sale, which they are under obligation to do when underwriting a Policy of Insurance. If they had done so, they would have realised that the PPI policies were useless to me. At no time was any attempt made to ascertain if the product provided was fit for purpose, suitable for my needs or if indeed it was required at all.

    3. Alternative Insurance Cover: Your sales advisors in each case failed to ask me if I had any alternative arrangements for insurance cover. My employer has a generous illness package which would cover a period of sickness as follows: 6 months full pay followed by 6 months half pay. I would also be entitled to a generous redundancyicon package and a substantial payment would be made in the event of my death in service (more than suffice to clear the balance of the loan).

    4. Failure to Supply Important Information with Regard to Significant Policy Exclusions: I was most definitely not informed that the PPI policies could contain certain exclusions which could affect me and my ability to claim on the policies if I should need to. Additionally I was never told that Pre Existing Medical Conditions could invalidate my policy and I was never asked if I had any Pre Existing Medical Conditions despite your advisors being aware I was in receipt of a War Disablement Pension. One element of this pension includes back injury which I know is an exclusion in PPI Policies. I also believe that I would also be excluded on at least one other existing condition.

    5. Widespread PPI mis-sellingicon:I am now aware of the widespread mis-selling of PPI by some financial institutions, following recent media coverage and recent OFT, FSA and Competition Commission investigations and inquiries regarding the mis-selling of PPI. I believe this is borne out by Point 3 above. I am also aware that the question of PPI cover is the subject of an ongoing inquiry by the Competition Commissioner

    6. Wholly Inappropriate PPI Selling - Employee Bonuses: I understand that some employees are paid higher bonuses if they get prospective creditors to take out PPI with loans. How can the best interests of the customer possibly be met, if there is a clear conflict of interesticon between your responsibilities to me, and the drive of your employees to sell Payment Protection Insurance whether it is suitable or not in order to receive bonuses?

    7. True Nature of Single Premium PPI Not Explained: No explanation was forthcoming from any advisor on any occasion on the full extent of single premium PPI policies or the fact that they would offer little or no refund if the loan was settled early or if the insurance was cancelled. The statements you have forwarded on accounts xxx and xxx, show no element of any refund of PPI or PPI interest when the accounts were refinanced or settled. There was also no explanation that the cost of the PPI premium would be added to the total cost of credit and interest added for the full term of the agreement. I believe this practice is unlawful.

    8. Unfair attachment of PPI with no competition involvement: I now believe that the single premium PPI policies attached to the loan accounts were both extremely unfair and totally unreasonable and offered me very little, if any protection value whatsoever. Furthermore I believe in light of the preliminary finding by the Competition Commission that the PPI was unfairly attached as there was no opportunity for me to seek competitive Insurance. I am therefore requesting a full refund of all costs including all single PPI premiums that have been paid, the interest added to these premiums and the PPI proportion of the direct debiticon payments, that I have paid over the life of the account agreement.

    What I expect from you is justification that the policy was suitable for me based on my circumstances and an explanation as to how your suitability criteria works. If you cannot justify this to my satisfaction I request a full refund of all premiums paid to date as well as interest on these payments.

    Furthermore as I believe I have been unlawfully deprived of this money, I also expect the repayment of the interest at the Statutory Interest rate of 8% to be applied to of each of the single premiums and the PPI proportion of the direct debit payments.

    In respect of cancellation of a policy may I draw your attention to the following reports from the FSA, namely, 'The sale of payment protection insurance - results of thematic work, November 2005' & 'The Sale of Payment Protection Insurance - results of follow-up thematic work, October 2006'' that state "When consumers cancel the PPI without repaying the loan, some firms will need to reissue the loan without the PPI. Firms should ensure they treat their customers fairly in relation to the terms on which they reissue the loan.". This means that any new loan is on the same or better terms and does not detriment me in any way and that this is to be done without making a new search on my credit file.

    I expect a swift response to this letter within 14 days, containing either your full justification or notice that you will be refunding these payments.

    If I do not receive a satisfactory response I will issue another letter notifying you of my intention to take further action if the matter is not resolved within a further 14 days. After this limit has passed I will be either contacting the Financial Ombudsmanicon to investigate my complaint or issuing court proceedings.

    Yours faithfully
    Glad this was of use to you.

    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.
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  15. #15
    Basic Account Holder leon h Novitiate

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    Default Re: Letter to claim PPI back

    hi there all. new to this ,but can anyone advise what best to put in a follow up letter to RBSicon just had a rejection letter from them regarding being mis -sold PPI on a credit card from the 1990.s as i have only got an old statement i did not have much info to go on,also there 4 page form they sent me had questions that i thougt were totally irrellevant so did not fill them in. i did then get a cold phone callicon from them asking odd questions
    , also asking what work i was in at the time i took out the card.although i answered as best i could i have since realised that during this period i had long spells working as a contractor so the ppi would not have been any use to me anyway.



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