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.
I have been through my old paperwork and have found that I had a loan that started in 2001 (but that I repaid early midway through 2002) and is now obviously closed. The PPI on this was added to the loan and interest paid on it.
I also had a mortgage which I was paying PPI on but as a separate payment. I paid this for about 7 years from around 1996 to 2003
The loan is still on record with the company but the mortgage company has no details on it, I still do have paperwork for the mortgage but have not yet found any on the ppi although I expect I can get proof from the bank if necessary.
My question is can I try to reclaim the ppi on these? I suspect I can try with the loan but the mortgage may be more difficult if they have no paperwork.
Any advice welcomed!
O/draft £10k (was £15k Dec 2007) now £5.5k
CC1 £16k (was £19k Dec 2007) - defaulted
CC2 £10k (was £14k Dec 2007) - defaulted
CC3 £1k (was £5k Dec 2007) - defaulted
CC4 £5k (was £8k Dec 2007) - defaulted
CC5 £0 (was £5k Dec 2007) - closed account
Loan 1 about £8k finishes 2014 - up to date
Loan 2 about £3k finishes Dec 2010 - repaid early
I have been through my old paperwork and have found that I had a loan that started in 2001 (but that I repaid early midway through 2002) and is now obviously closed. The ppi on this was added to the loan and interest paid on it.
I also had a mortgage which I was paying PPI on but as a separate payment. I paid this for about 7 years from around 1996 to 2003
The loan is still on record with the company but the mortgage company has no details on it, I still do have paperwork for the mortgage but have not yet found any on the ppi although I expect I can get proof from the bank if necessary.
My question is can I try to reclaim the ppi on these? I suspect I can try with the loan but the mortgage may be more difficult if they have no paperwork.
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.
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 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.
I hope this helps to get you started.
Do not give in I have recovered over £18k so far with more claims pending.
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.
I did do a SAR to the mortgage company and they wrote back saying they had no records as the mortgage finished over 6 years ago, I have been digging and found their confirmation of PPI being set up and the first payment of £xx followed by £xx each month, the total is just over £2500 before any interest
I will send a request to the loan company tomorrow though, as that info will give me the actual amount paid.
I am assuming from your reply that I can try to reclaim so thats a great start to the year, even if it will take a while for the funds to arrive.
Thank you
O/draft £10k (was £15k Dec 2007) now £5.5k
CC1 £16k (was £19k Dec 2007) - defaulted
CC2 £10k (was £14k Dec 2007) - defaulted
CC3 £1k (was £5k Dec 2007) - defaulted
CC4 £5k (was £8k Dec 2007) - defaulted
CC5 £0 (was £5k Dec 2007) - closed account
Loan 1 about £8k finishes 2014 - up to date
Loan 2 about £3k finishes Dec 2010 - repaid early
I did do a SAR to the mortgage company and they wrote back saying they had no records as the mortgage finished over 6 years ago, I have been digging and found their confirmation of PPI being set up and the first payment of £xx followed by £xx each month, the total is just over £2500 before any interest
I will send a request to the loan company tomorrow though, as that info will give me the actual amount paid.
I am assuming from your reply that I can try to reclaim so thats a great start to the year, even if it will take a while for the funds to arrive.
Thank you
Yes always claim and do not always believe what you are told in response. The banks etc have been trying to put off claimants by giving misleading information.
Make sure whatever result they give you that you use the Financial Ombudsman Service and if they do not supply the information you ask for tell the Information Commissioners Office.
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.