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    • Please see my comments in orange within your post.
    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.   House or Flat? Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Again, points as above. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) Why serve a delapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease. I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Redact and scan said evidence up for others to look at? Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. So this is dealt with then. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved. The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there. Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
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      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Letter to claim PPI back


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Hi

 

Have you got your figures sorted and the reasons it was missold 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

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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 interest 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 Ombudsman to investigate my complaint or issuing court proceedings.

 

Yours faithfully

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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 interest 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 Ombudsman 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 redundancy 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-Selling: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 debit 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 :mad:

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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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 redundancy 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-Selling: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 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?

 

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 debit 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 Ombudsman to investigate my complaint or issuing court proceedings.

 

Yours faithfully

Edited by Jan4a
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Most claims companies charge almost 30% - CAG 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

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Most claims companies charge almost 30% - CAG 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!

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

 

Claims companies would take the approx 30% from any PPI 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 sacked 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

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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 redundancy 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-Selling: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 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?

 

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 debit 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 Ombudsman 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 :mad:

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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  • 3 years later...

hi there all. new to this ,but can anyone advise what best to put in a follow up letter to rbs 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 call 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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