can i cancel ppi ?

[bartymuv]

ive, just been reading through the paperwork on a loan i took out a couple of years ago. i wanted to see how much longer i had left to pay.

 

it was for £5000 over 60 months. to my horror, i noticed that ppi had been added, which came out at £1238!

 

the copy of the agreement that i signed shows an 'x' in the box that indicates if you want to take up ppi.

 

i looked through all the t/c's, and the only reference to ppi is that there are 'exclusions'! and i should read these before i take up the offer.

 

i do not have any t/c's relating to ppi, nor do i have any information as to how i should go about making a claim if i needed to.

 

the thing that worry's me is that the 'x' in the box is typed and i would normally put a 'tick' in these boxes, to indicate i accept.

 

as i am paid for up to 6 months if i go sick at work, i never take up these offers.

 

i have it in my mind that if you accept ppi when applying for a loan, it increases your chances of being accepted if you take ppi up, but, i'm sure i would definitely have thought twice about this, as it wasn't 'life or death' if i didnt get the loan!

 

i haven't contacted the loan company yet, but will do tommorrow (monday) and ask them to send me an original copy of my agreement including the terms and exclusions relating to the ppi.

 

so, to my questions;

 

if everything is in order, can i cancel ppi halfway through a loan agreement?

 

would i be able to reclaim payments if the copy i receive from them also shows a 'typed' x in the acceptance box, which to me would indicate that i've been duped!

 

i can scan the agreement and post on here if needs be, but would just like someones opinion before i get into the details.

 

thanks alot,

 

bartymuv.

[bartymuv]

ok,

 

looks like i'll answer my own question having just read from the following site

 

Consumers to benefit from PPI refunds agreement

 

guess i should have read other peoples threads 1st before posting.

 

would still appreciate any comments though.

 

cheers,

 

bartymuv.

[bartymuv]

contacted the loan company today, and was advised to write to a particular person within that company, explaining my position.

 

this i have done, in a very polite manner, although the bottom line was that i would give them 14 days to respond.

 

i'll post their response, as and when.

 

bartymuv.

[bartymuv]

ive had a response today dated the 30th oct. from the BoS.

 

Thankyou for your letter on the 22nd October 2007.

 

I am sorry to hear of your concerns regarding the insurance applied to your loan.

 

Were keen to deal with your concerns as quickly as possible. a Customer Relations Manager will investigate the points you have raised and you will receive a reply shortly, but certainly no later than 4 weeks.

 

You will find enclosed a copy of our leaflet, which tells you how we will handle your complaint.

 

Your concerns will be dealt with as quickly as possible, but to help us deal more efficiently with your enquiry, please quote 1234567890 when writing or telephoning the number at the top of this letter.

 

Yours sincerely

 

Claire Bury

 

Claire Bury

Customer Relations Officer

Operations Support

Customer Relations

 

Enc. Personal Customer Complaints-Here's what we'll do.

 

So, i would imagine this is a typical 'template' letter/response. Well, no rush. Just hope i don't have to revert to the pamphlet they've enclosed.

 

Bartymuv.

[hellhasnofury]

ive had a response today dated the 30th oct. from the BoS.

 

Thankyou for your letter on the 22nd October 2007.

 

I am sorry to hear of your concerns regarding the insurance applied to your loan.

 

Were keen to deal with your concerns as quickly as possible. a Customer Relations Manager will investigate the points you have raised and you will receive a reply shortly, but certainly no later than 4 weeks.

 

You will find enclosed a copy of our leaflet, which tells you how we will handle your complaint.

 

Your concerns will be dealt with as quickly as possible, but to help us deal more efficiently with your enquiry, please quote 1234567890 when writing or telephoning the number at the top of this letter.

 

Yours sincerely

 

Claire Bury

 

Claire Bury

Customer Relations Officer

Operations Support

Customer Relations

 

Enc. Personal Customer Complaints-Here's what we'll do.

 

So, i would imagine this is a typical 'template' letter/response. Well, no rush. Just hope i don't have to revert to the pamphlet they've enclosed.

 

Bartymuv.

 

Hello Barty,

 

Just found your thread, do be prepared for We have investigated your claim and in no way shape or form are we guilty of anything, other than robbing you blind , misleading you and everything else you throw at us, cause if we admitted we did this we would have to give you all off your money back, plus the contractual interest that you claim you owe, cos we did take it and deprive you of your money.

 

You look like you are focused, so I wish you luck and keep at them.

 

Keep us posted to your progress

[bartymuv]

thanks HHNF,

 

didn't think they would put their hands up straight away.

 

will keep you all posted when i get the brush off! lol

 

cheers,

 

bartymuv.

[hellhasnofury]

thanks HHNF,

 

didn't think they would put their hands up straight away.

 

will keep you all posted when i get the brush off! lol

 

cheers,

 

bartymuv.

 

Well at least you are prepared in case they give you the brush off.

 

Think positive, you are well on their case now:D

[bartymuv]

recieved another letter friday dated 22 nov.2007.

 

dear mr xxxx,

 

further to our letter dated the 30th october 2007. i'm sorry that you have not yet had a full response to your concerns.

 

were still investigating your complaint, and you will recieve a response from us as soon as possible, but certainly no later than 21st december 2007.

 

goes on about their complaints leaflet sent previously etc. and how my concerns will be dealt with as quickly as possible etc.

 

different person signing this letter though; someone named amarjit bhogal,

customer relations officer, customer relations.

 

so, doesn't look like i'll be getting a prezzy from them this xmas then.

 

just 1 other question if someone can advise, in my 1st letter to them i asked for my ppi to be cancelled.

i'm fairly certain that that hasn't happened yet. is there any reason for them to continue taking the premiums after i have requested a cancellation?

 

thanks in advance,

 

bartymuv.

[hellhasnofury]

recieved another letter friday dated 22 nov.2007.

 

dear mr xxxx,

 

further to our letter dated the 30th october 2007. i'm sorry that you have not yet had a full response to your concerns.

 

were still investigating your complaint, and you will recieve a response from us as soon as possible, but certainly no later than 21st december 2007.

 

goes on about their complaints leaflet sent previously etc. and how my concerns will be dealt with as quickly as possible etc.

 

different person signing this letter though; someone named amarjit bhogal,

customer relations officer, customer relations.

 

so, doesn't look like i'll be getting a prezzy from them this xmas then.

 

just 1 other question if someone can advise, in my 1st letter to them i asked for my ppi to be cancelled.

i'm fairly certain that that hasn't happened yet. is there any reason for them to continue taking the premiums after i have requested a cancellation?

 

thanks in advance,

 

bartymuv.

 

Hello Bart,

 

If you wrote to ask them to cancel it, they should have done so, may ask them to confirm this, whilst you are waiting for their response, and give them a nudge on that one as well.

[bartymuv]

hi hell,

 

im just about to send the following letter as they still haven't cancelled my ppi. (checked statements today)

 

Dear Sir or Madam:

Please find enclosed my original letter dated 22 0ct. 2007 in which I ask amongst other things, for you to cancel my ppi insurance premiums and adjust my repayments accordingly.

Having just reviewed my bank statement, I note that you have failed to comply with my request!

I can understand your need for time to investigate my complaint, but, can see no reason for the delay in cancelling the premium .

I am now asking you to reimburse this last premium, and confirm to me, in writing, that you have cancelled my ppi as is my right.

Failure to comply with my request within 7 days of receipt of this letter will force me to take appropriate action as highlighted in your complaints leaflet.

 

Sincerely,

 

not too strong is it?

oh, and iv'e also placed a cag sticker on the letter (not the envelope).

 

may as well let them know where i'm coming from! lol.

[bartymuv]

i received a reply on the 20th december.

 

it was almost 3 pages long, so i'll try and condense it down as much as i can.

 

"our records show that the Unsecured Loan and Cover were arranged as a result of an application over the telephone. the sale was completed by courier service.

after you had signed and handed back the loan agreement, as part of the sales process the courier would have handed you an envelope containing policy documentation for the repayments insurance."

 

it goes on about how the envelope would have included all the terms and conditions, including eligability criteria, exclusions, pre-existing medical conditions etc. any concerns i had should have been raised within 30 days, when i could have cancelled.

 

" although you have stated you did not have the policy booklet with the terms and conditions, the insurance company have confirmed that you made a claim in december 2005 which shows that i did have the information at that time."

 

so, i got my admin dept to go back to november 2005, to confirm any longterm sickness, and sure enough, i was off sick for 1 month from october to november having undergone a hernia proceedure.

anyone who has had a hernia will know that there are different types of hernia. apparently my claim was rejected because it was a pre-existing ailment. i had had a hernia op. 3 years before.

 

"having fully investigated the sale and your circumstances at the time i have concluded that the policy was suitable for your needs. the documentation provided at the time of the sale indicates that the correct sales process was followed. when you took out the policy you satisfied all the eligibility criteria and it appears that the policy was suitable for you.

 

the credit agreement explicitly sets out the cost of the loan and insurance and the interest applied to both. it shows that you have clearly signed the credit agreement incorporating the requirement for repayment insurance.

 

i can find no evidence that the policy was mis-sold and i am satisfied that the correct sales process was followed at the time. although we are unable to reconstruct exactly what was discussed, the sale of insurance was scripted, and the scripts prompt the advisor to establish basic eligibility criteria, check if the customer has any existing protection and inform the customer of the cost of the cover.

advisors would have undergone a series of monitoring and observasions to ensure products were sold in line with regulations in force at that time."

 

i'm then given the fos address plus the fos complaints email address and of course there website.

 

i dont know if anyone has ever had a courier deliver a cheque before?

its quite an exciting moment, and you just want to sign whatever the courier throws at you so you can get your hand on the cheque.

 

i really dont think the courier would have been too happy if i had asked to read all the small print before signing. but then they have me tied up as i had 30 days in which to voice my concerns, by which time the money is spent/used.

 

the bottom line on the figures was the monthly repayment, and this didnt give me a problem and i haven't missed a payment in nearly 30 months.

 

in hindsight i wished i had argued with them over my claim, but, as i was fully paid at work it wasn't a desperate situation, but then maybe i could have saved myself 2 years ppi premiums.

 

oh well, a (expensive) lesson learnt.

 

bartymuv.

[alanfromderby]

As you say, in a pressured situation (ie a courier standing at your door waiting for a signature), you would not be expected to check everything - and indeed the law puts the onus on the seller (Supply of Goods and Services Act) to ensure that the product is correct for your needs.

 

There is plenty of caselaw to show that a signature on a document does not absolve the seller of misrepresentations or errors made during the selling process.

[bartymuv]

hi alan,

 

ive just read your thread, and youv'e got a lot going on at the moment so i appreciate your looking at my thread.

 

just one other question if i may, my original letter was dated the 22nd october in which i also requested them to cancel the ppi. so far theyv'e taken 2 more payments!

their last letter did say that they would send me the revised payment schedule. i expect to receive this early in january, but i'm a bit miffed that they saw fit to carry on drawing on the account. would i be within my rights to ask them for those payments to be reimbursed?

 

thanks again,

 

and a happy new year to you and all caggers.

 

bartymuv.

[alanfromderby]

Of course

 

.....and if they refuse I would be taking an N1 down to my local county court - but then I am about to start negotiations with Derby County Court for a quantity discount!

[hellhasnofury]

i received a reply on the 20th december.

 

it was almost 3 pages long, so i'll try and condense it down as much as i can.

 

"our records show that the Unsecured Loan and Cover were arranged as a result of an application over the telephone. the sale was completed by courier service.

after you had signed and handed back the loan agreement, as part of the sales process the courier would have handed you an envelope containing policy documentation for the repayments insurance."

 

it goes on about how the envelope would have included all the terms and conditions, including eligability criteria, exclusions, pre-existing medical conditions etc. any concerns i had should have been raised within 30 days, when i could have cancelled.

 

" although you have stated you did not have the policy booklet with the terms and conditions, the insurance company have confirmed that you made a claim in december 2005 which shows that i did have the information at that time."

 

so, i got my admin dept to go back to november 2005, to confirm any longterm sickness, and sure enough, i was off sick for 1 month from october to november having undergone a hernia proceedure.

anyone who has had a hernia will know that there are different types of hernia. apparently my claim was rejected because it was a pre-existing ailment. i had had a hernia op. 3 years before.

 

"having fully investigated the sale and your circumstances at the time i have concluded that the policy was suitable for your needs. the documentation provided at the time of the sale indicates that the correct sales process was followed. when you took out the policy you satisfied all the eligibility criteria and it appears that the policy was suitable for you.

 

the credit agreement explicitly sets out the cost of the loan and insurance and the interest applied to both. it shows that you have clearly signed the credit agreement incorporating the requirement for repayment insurance.

 

i can find no evidence that the policy was mis-sold and i am satisfied that the correct sales process was followed at the time. although we are unable to reconstruct exactly what was discussed, the sale of insurance was scripted, and the scripts prompt the advisor to establish basic eligibility criteria, check if the customer has any existing protection and inform the customer of the cost of the cover.

advisors would have undergone a series of monitoring and observasions to ensure products were sold in line with regulations in force at that time."

 

i'm then given the fos address plus the fos complaints email address and of course there website.

 

i dont know if anyone has ever had a courier deliver a cheque before?

its quite an exciting moment, and you just want to sign whatever the courier throws at you so you can get your hand on the cheque.

 

i really dont think the courier would have been too happy if i had asked to read all the small print before signing. but then they have me tied up as i had 30 days in which to voice my concerns, by which time the money is spent/used.

 

the bottom line on the figures was the monthly repayment, and this didnt give me a problem and i haven't missed a payment in nearly 30 months.

 

in hindsight i wished i had argued with them over my claim, but, as i was fully paid at work it wasn't a desperate situation, but then maybe i could have saved myself 2 years ppi premiums.

 

oh well, a (expensive) lesson learnt.

 

bartymuv.

 

Hello Bartymuv,

 

Again I feel that that is a standard response letter, telling you to go away.

 

Yes you signed, we all did, but in our defence, we were rather ignorant and too trusting. Did they give you quotes without ppi, did they give you a choice??????

 

Now as for the claim that you tried to make, it is obvious that they sold you an expensive policy, that was nither use or ornament to you. Again this is one of the reasons that the selling of useless ppi is being investigated.

 

I would continue with your complaint.

[bartymuv]

hi hell,

 

sorry for the late response but ive been laid up with (man) flu!

still am actually. ahh!

 

so can you advise me of my next course of action?

 

ive had plenty of time to think about what they said, and unless they can come up with the actual telephone conversations, i'm still pretty certain that i would have declined the ppi.

 

ok, so i did make a claim, but that would have developed from a telephone conversation also.

plus, if i had the t/c's i would have seen that as a pre-existing condition (their words) i would have been waisting my time anyway!

 

no one explained to me what the exclusions were, i'm absolutely sure of that.

 

as for their comments about my other commitments and my ability to satisfy them as well, thats bugger all to do with them, thats my problem,

not theirs.

 

i'll start reading some earlier posts from people. to see where people went from this stage (ie. what letters where sent in response to negative responses).

 

i am feeling a bit like 'death warmed up' at the moment, but hopefully, i'll find something in here that will make me feel a bit better.

 

cheers,

 

bartymuv.

[Lula]

Well, it sounds like a classic case of miss selling of PPI's I think that you can claim ALL premiums back. You should calculate how much you have paid, issue them with an LBA and if they do not pay up then issue the N1 forthwith.

 

Just my 2p

[bartymuv]

thanks lula,

 

i'll go see if i can find some LBA's that i can use.

 

 

bartymuv.

[Lula]

I shall get another S/H / Mod to look in, if i cannot find it myself

[Lula]

Barty, above your posting in the listing bit of this forum, there are some stickies, you should read them, there will be something in there for you

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/

[freakyleaky]

Hi Lula. I think the letter needed are in the first post of this thread.

PPI - Some Notes for Claimants..

[Lula]

thanks Freaky

[bartymuv]

hi lula,

 

thanks for the info.

 

just found hellhasnofury's sticky and thats exactly what i was looking for.

 

will now adjust that to cover what i'm looking for from them.

 

i'll post my letter on here, as soon as ive drafted it to see if there are any suggested alterations/addons needed.

 

thanks again,

 

bartymuv.

[bartymuv]

drafted this letter,

 

any thoughts?

 

bartymuv.

 

 

 

DATA PROTECTION ACT 1998

 

SUBJECT ACCESS REQUEST

 

 

Dear Sir/Madam,

 

name

Account No.123456789 4th January 2008

 

 

As you currently hold details of my personal and financial information within your internal record

systems with regard to the above account, please supply me with a complete list of transaction

and charges relating to my history with your organization, including payment protection

insurance.

 

This would include full copies of all contracts that exist including true copies of any documents

you hold in support of the same.

 

Copies of all documents which include any of my personal information including copies of any contacts

or invoices, emails or computer records containing my personal information, or any records

which pertain to this information.

 

Full copies or transcripts of any correspondance in postal, email or any other format which you

have entered into with any individual, organization or third party which contains my personal

or financial, or which pertains to me.

 

Full hard copy print outs of my personal or financial information, held in a digital, magnetic or

any other format which is held in any archives, backups or other storage devices/locations.

 

I enclose a cheque in the sum of £10 to cover your fee.

 

IF YOU ARE UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY

FORWARD IT TO THE PERSON RESPONSIBLE, WITHIN YOUR ORGANISATION,

FOR DATA PROTECTION.

 

I look forward to hearing from you in the first instance of receipt

 

Yours faithfully,

[bartymuv]

IM IN SHOCK! :o

 

ive just opened my mail to find a letter from AA Personal Finance the original company that i took the loan out with.

 

Dear Mr.-------

 

RE: AGREEMENT NUMBER XXXX.....

 

We are pleased to advise, that within the next 7 days your bank account will be credited with £704.54.

 

This is in respect of an overpayment made under the above agreement.

 

Should you have any queries please do not hesitate to contact us etc..................

 

 

what i find intriguing is that all previous correspondance has been on

Bank Of Scotland headed paper.

 

anway, they could have written it on the old LCC toilet paper for all i care,

just as long as its honoured! lol.

 

bartymuv.