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 6 of 6
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    kennyh Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Kent
    Posts
    885

    Default Halifax endowment

    Does PPIicon (and the attendant rules on mis-selling) extend to mortgageicon protection?
    My son is about to enter the realms of 'shortfall' (after overlooking the fact that I might have been able to help) and has just handed me his history of annual statements etc to see if I can spot anything (that's NOT out of time). I notice that he's been paying mortgageicon protection but has no policy documents or any record or recollection of how it was sold. Hence my current interesticon.
    If we found the policy to have been mis-sold then the premium reclaim (if upheld) would probably meet the shortfall. Any advice (short of slashing the wrists) would be gratefully received.


  2. #2
    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: Halifax endowment

    Quote Originally Posted by kennyh View Post
    Does ppi (and the attendant rules on mis-selling) extend to mortgage protection?
    My son is about to enter the realms of 'shortfall' (after overlooking the fact that I might have been able to help) and has just handed me his history of annual statements etc to see if I can spot anything (that's NOT out of time). I notice that he's been paying mortgage protection but has no policy documents or any record or recollection of how it was sold. Hence my current interesticon.
    If we found the policy to have been mis-sold then the premium reclaim (if upheld) would probably meet the shortfall. Any advice (short of slashing the wrists) would be gratefully received.
    Payment Protection Insurance was mis-sold with Loans, Mortgages, Car sales, and probably a lot more. The banks have called it Retail Regulatory Risk. (Goodbye Sir Fred Goodwin RBS Who allegedly ripped off thousands and his staff got very nice bonus awards for selling PPI)

    You should start with a Subject access requesticon and take it from there.

    Please read the stickies at the top of this forum study and learn and then fight back.
    Here is your starter for 10.

    Full SAR for ppi

    Data Protection Act 1998 - Subject access request

    Some notes for your 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 conditionsicon that were applicable at the time you took the loan/card/mortgage.

    A ‘demands and needs’ questionnaire.

    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.
    Be sure to state that the lack of provision of information will result in a formal complaint to the Information Commissioners Office for failure to comply with the Data Protection Act 1998.


    good luck 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.

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

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Kent
    Posts
    885

    Default Re: Halifax endowment

    alanalana,
    I thank you
    Ken


  4. #4
    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: Halifax endowment

    Quote Originally Posted by kennyh View Post
    alanalana,
    I thank you
    Ken
    Your are welcome.

    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.

  5. #5
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    kennyh Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Kent
    Posts
    885

    Default Re: Halifax endowment

    HX has now provided a half-tree of paperwork (some in semi-machine code).
    A question - when calculating what to reclaim can I claim the current bank rate being charged for the mortgageicon at that time on the grounds that they would have "benefitted from undue enrichmenticon"; bearing in mind that the premium payments were not into a debit balance situation, or just 8%pa simple?


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

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Kent
    Posts
    885

    Default Re: Halifax endowment

    Bump- might seem a bit simplistic but please indulge an old idiot.



Browsealoud
Video Tour



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