Mis-sold ppi - self employed

[Toffee Penny]

Sent the usual template letter off stating been mis-sold due to being self employed and want refund.

 

Monument

wrote back saying their Payment Break Plan isn't insurance and OH was enrolled on the plan during a telephone conversation in 2004. No queries until now and should have reported it before.

 

Barclaycard

wrote back with a two fingered salute, they have the application form with the ticked box (from 2004) and it was up to OH to read all policy and decide whether or not it was suitable within 30 days. This is their final response (after one letter???)

 

 

I'll be honest, we only looked into this ppi thing when we started out on our DMP, we won't deny we were paying it but never really fully understood the ins and outs of it and can't remember asking for it on all applications (loans yes, cards not sure). Using various websites it seems ppi mis-selling has been rife during the past few years and only after further investigation did we realise OH may have been paying for something that he might never been able to claim on in the first place, well ok in death and bankruptcy

 

Do you think we have a case to fight on? I'd appreciate any help

[pinknico]

When it comes to Barclaycard have you got the application form with tick?

Is it your tick and did you get sent a policy on PPI.

 

With monument what is payment break and what does it cover?

 

Always worth fighting on as they want you to give up, the FOS is the next option and although takes a while worth ago. Its free:D

 

What reasons did you give for mis selling?

[Toffee Penny]

Hi Pinknico thanks for your reply, we have a long list ready for our ppi fight

 

MBNA - credit card

Halifax 3 loans 1 credit card

Monument - credit card

Barclaycard - credit card

Lloyds TSB - loan

GUS finance - 2 loans

Marbles - loan

 

I have sent a standard letter to all of them, stating self employed and not eligible to claim on policy, certain exclusions. Didn't state exactly what just sent it off to test waters really

 

MBNA and Halifax credit card replied saying they were investigating. They'll reply within 8 weeks.

 

I have decided to go ahead with the SAR request with Barclaycard, until we see the application form we can't say whether he ticked it or not. We can't really remember from 4 years ago. It could be one of those 'tick here if you do not want insurance' and we left it blank not realising it was asking the opposite. I have seen another application form online from another poster who is fighting ppi with 'don't sign up without it' near the ppi box. The SAR will provide us with all the evidence and we'll have to go from there.

 

Monument however seem to send similar letters to people when up against a ppi reclaim. When challenged about the evidence of the telephone call they cannot produce it. I will write back asking for evidence of this and see what they reply with.

 

Monument do not provide insurance, they call it Payment Break Plan which is variable (same thing is it not?). You cannot claim money from it, all it does is freeze account if your house is flooded or you lose your job. Completely worthless we know that now!

[alanalana]

Hello Toffee penny,

 

Hi Pinknico thanks for your reply, we have a long list ready for our ppi fight :grin:

 

MBNA - credit card

Halifax 3 loans 1 credit card

Monument - credit card

Barclaycard - credit card

Lloyds TSB - loan

GUS finance - 2 loans

Marbles - loan

 

I have sent a standard letter to all of them, stating self employed and not eligible to claim on policy, certain exclusions. Didn't state exactly what just sent it off to test waters really

 

MBNA and Halifax credit card replied saying they were investigating. They'll reply within 8 weeks.

 

I have decided to go ahead with the Subject Access Request request with Barclaycard, until we see the application form we can't say whether he ticked it or not. We can't really remember from 4 years ago. It could be one of those 'tick here if you do not want insurance' and we left it blank not realising it was asking the opposite. I have seen another application form online from another poster who is fighting ppi with 'don't sign up without it' near the ppi box. The Subject Access Request will provide us with all the evidence and we'll have to go from there.

 

Monument however seem to send similar letters to people when up against a ppi reclaim. When challenged about the evidence of the telephone call they cannot produce it. I will write back asking for evidence of this and see what they reply with.

 

Monument do not provide insurance, they call it Payment Break Plan which is variable (same thing is it not?). You cannot claim money from it, all it does is freeze account if your house is flooded or you lose your job. Completely worthless we know that now!

 

If you do not have all the paperwork the SAR should work for you but remember to ask each of them for every scrap of data they hold on you in every format they use, Electronic, paper, telephone recordings, microfische, CD and anything else you think they may use. The Statutory fee is £10.00 per SAR they have a Statutory 40 days to reply if they fail then they are in breach of the Data Protection Act 1998 and you can submit a complaint to the Information Commissioners Office (the way I went) and or Court.

 

A lot of financial institutions are using the electronic online arguement to stave off claims but mis-sold PPI is mis-sold PPI however it was done.

 

If you SAR all of them it could be the best £70 you have spent and it will mean they have to at least occupy several staff for many hours looking for it all.

 

Once you have all the information build up each case and reclaim. If they will refuse to pay up or do not answer your letter asking for repayment within 8 weeks then Financial Ombudsman Service or Court.

 

aa

[Toffee Penny]

Thanks for that Alanalana

 

I suppose we will end up sending a Subject Access Request to all of them anyway but want to see what their response is first. Who knows we could be lucky and receive cheques straight away (I so wish! )

 

I was going to write a reply to Monument and ask about the telephone call evidence but will back it up with a Subject Access Request too. They should know what we are up to then, might persuade them to look a little further into our complaint for a few days.

 

I am just a little disappointed that creditors have cottoned on to the fact that although people are querying their accounts and ppi they don't even bother with a personal reply, they are just sending out standard letters to try and fob you off.

 

I have researched the net trying to find others who are claiming ppi from the same companies to gain information about their claims, how it went etc and it seems Monument and Barclaycard send the same template letter out. So I am hopeful with our own claims now.

 

Will let you know how I get on.

[alanalana]

Hello TP shortened name we all get it just look at the threads if you prefer full handle just shout,

 

 

Thanks for that Alanalana

 

I suppose we will end up sending a Subject Access Request to all of them anyway but want to see what their response is first. Who knows we could be lucky and receive cheques straight away (I so wish! :grin:)

 

I was going to write a reply to Monument and ask about the telephone call evidence but will back it up with a Subject Access Request too. They should know what we are up to then, might persuade them to look a little further into our complaint for a few days.

 

I am just a little disappointed that creditors have cottoned on to the fact that although people are querying their accounts and ppi they don't even bother with a personal reply, they are just sending out standard letters to try and fob you off.

 

I have researched the net trying to find others who are claiming ppi from the same companies to gain information about their claims, how it went etc and it seems Monument and Barclaycard send the same template letter out. So I am hopeful with our own claims now.

 

Will let you know how I get on.

 

I will watch with interest and offer help where I can:D

 

good luck

 

aa

[Toffee Penny]

Hello again guys! hope everything is well

 

Had a response from MBNA today to say OH ticked the box on his application form requesting ppi. They have actually sent a copy with the tick in the yes box highlighted

 

BUT

 

I think it is in a different pen, every other detail on that form is the same kind of writing from the same pen ink yet the tick in the yes ppi box looks a bit different to other ticks.

 

I don't think OH ticked that box on the application form, they also state in their letter that self employed is covered but there are certain criteria that must be met in order for him to claim. Well they didn't state this before when he opened account, the application form shows he ticked self employed as his status.

 

There will be no refund at it was up to OH to read policy etc and this is their final response but because he applied in 2001 we are outside the time limit for referral to the FOS

 

So now what? Any ideas please?

[pinknico]

Why are you outside the time limit? Dont take their word for it call the FOS tomorrow. If they can look at it (They are looking at a case of mine from 2000 mis sold PPI) make sure you point out different tick etc.

[alanalana]

Hello TP,

 

Hello again guys! hope everything is well :grin:

 

Had a response from MBNA today to say OH ticked the box on his application form requesting ppi. They have actually sent a copy with the tick in the yes box highlighted

 

BUT

 

I think it is in a different pen, Now there's a suprise:eek: every other detail on that form is the same kind of writing from the same pen ink yet the tick in the yes ppi box looks a bit different to other ticks. Time to scan and check to be sure:rolleyes:I don't think OH ticked that box on the application form, they also state in their letter that self employed is covered but there are certain criteria that must be met in order for him to claim. Well they didn't state this before when he opened account, the application form shows he ticked self employed as his status.

 

There will be no refund at it was up to OH to read policy etc and this is their final response but because he applied in 2001 we are outside the time limit for referral to the FOS They are full of themselves when it comes to final responses and the directions on what the FOS can and cannot do:eek:

They state no claims before 6 years and yet I have success on claims back 11 years.

 

 

So now what? Any ideas please [QUOTE]

 

Fight all the way on PPI reclaims.

 

aa

[Toffee Penny]

Thanks for that AA

 

just wondered how to address my response to MBNA regarding different tick as I don't want it to backfire, I want the claim to be as strong as possible and I don't want to go straight for the juglar shouting 'fraud'

 

Can I ask for the original application form as this could prove if a different pen was used? How do I do this? the cca letter?

 

If we say OH didn't request it then they could come back with why didn't he challenge payments every month on statement?, he assumed it was part of the card agreement and obviously wasn't fully aware of any exclusions until researching helpful sites like this and MBNA certainly didn't explain any, no they just let him pay for a policy that was virtually impossible to claim on.

 

I think its tricky becuase they have stated he should have read the bumpf that comes through with the card, but how many people do that?

 

This is our first try at ppi reclaiming and I'm not quite sure how the FOS will read into it.

[alanalana]

:DHello Toffee Penny,

 

Thanks for that AA

 

just wondered how to address my response to MBNA regarding different tick as I don't want it to backfire, I want the claim to be as strong as possible and I don't want to go straight for the juglar shouting 'fraud' :grin:

 

Can I ask for the original application form as this could prove if a different pen was used? How do I do this? the cca letter? Yes your first step can be a Consumer Credit Agreement request under the terms of sections 77/78 of the Consumer Credit Act 1974. The fee is £1.00 and they have 14 days to supply you with the CCA and any other information relevant to the agreement ie Terms and Conditions that were applicable to the agreement.

If we say OH didn't request it then they could come back with why didn't he challenge payments every month on statement?, he assumed it was part of the card agreement and obviously wasn't fully aware of any exclusions until researching helpful sites like this and MBNA certainly didn't explain any, no they just let him pay for a policy that was virtually impossible to claim on. Most policies were useless and extremly costly compared with the other options available hence the Competition Commissioner have come down on this mis-selling....please see this....

The latest news from the Competition Commission - Courtesy of Paintball

The Times newslink.....Sales of PPI to be banned

Competition Commission Newslink.....News release

from this................ links with a stack more info also available.

I think its tricky becuase they have stated he should have read the bumpf that comes through with the card, but how many people do that? Not a lot but it all depends on how the product was advised by the seller that is the important factor if they did not ensure it was suitable by asking you the right questions then clearly it is mis-sold IMO. please see this....

THIS LINK IS IMPORTANT TO YOU ON RECLAIMING IT IS FROM 2001 FROM THE FOS

loan payment protection insurance and a quote from this link...

 

Quote:

When determining whether a policy is suitable, a seller – whether a lender or an agent for the insurer – must obviously take into consideration any information the prospective policyholder volunteers. However, we do not consider the seller’s duty is limited simply to recording what the borrower discloses. It is only by asking questions that the seller can properly determine suitability. These questions cannot cover every aspect of a borrower’s personal position and should not be expected to do so. To paraphrase the ABI Statement, only those matters deemed to be relevant by the insurer should be the subject of questions.

This is our first try at ppi reclaiming and I'm not quite sure how the FOS will read into it. Give them a call and ask they are really quite approachable and helpful. All the information in here....(yes it is another link)....................Financial Ombudsman Service

 

more from the links link............

 

For claims before 2005 and the FSA ruling from which campaign

How to tell if you’ve been mis-sold PPI

Quick check: were you mis-sold? - How to tell if you’ve been mis-sold PPI

Homework but it worked for me three complaints with the FOS two successes one pending and one with the ICO

 

Good luck;)

 

aa

[Toffee Penny]

Interesting read AA thanks for that

 

So far.......

 

Halifax credit card have written back saying they need more time but will respond by Feb 12th :?

 

Halifax loans are investigating

 

Lloyds TSB loans - said sod off we listened to telephone call, advisor asked all questions, we can't see how you were mis-sold so sod off

 

Capital One card wrote they telephoned on the 5th of the month to talk to me about Payment protection yet according to my statements my account was opened on the 17th of the month and I have seen the exact same letter on here that was sent to someone else too :-|

 

Monument card after sending the SAR request and wanting full details of telephone converstaion that they said they had record of, they came back with have no record of telephone conversation due to technical error and have no record of the welcome letter that was sent with card which would have had details on. Offered £378 in full and final settlement of my complaint.:-|

 

 

So now thinking next step would be......

 

Monument - I have refused offer, account opened in 2004 and estimated payment break plan would be around 5-7 hundred without interest alone and they don't seem to have any documentation proving it was asked for

 

Capital one - disputing telephone conversation and different dates, sending SAR for proof

 

Lloyds TSB - sending SAR for telephone call, I don't think this happened need proof about previous loan too before top up in 2006, had life insurance and worked for local council so had enough benefits but don't think I was even asked about that at time of application.

 

MBNA - wrote a letter pointing out different tick want to see original application form and feel policy was mis-sold being self employed had exclusions and was different compared to employed people and was not pointed out when added to the account. gave 14 days for response because they stated final response but wanted evidence that I had wrote to company before going to FOS to investigate especially about how different tick looks

 

 

I suppose I'm keeping the local Post Office busy

[pinknico]

Goodwork TP ,you seem to be in control:D

[Toffee Penny]

Hi just wanted to update you that received Subject Access Request back from Barclaycard with statements dating back when the account opened in 04. THAT's IT!! no cca, no terms and conditions, no application, nothing just a letter saying this is all the information we hold on the account.

 

:confused:

[alanalana]

hello TP,

 

Hi just wanted to update you that received Subject Access Request back from Barclaycard with statements dating back when the account opened in 04. THAT's IT!! no cca, no terms and conditions, no application, nothing just a letter saying this is all the information we hold on the account They should by law retain all the information on any account for 6 years after the last transaction on that account so if it closed or was settled on say 20 Jan 2004 they documentation by law should still be available to you under a Subject Access Request within the DPA 1998 up until 2010.

 

Time now to send a very serious complaint into the Information Commissioners Office (ICO) pointing out their (Barclaycard) failure to supply full data and information within the legal statute of the Data Protection Act 1998. Especially if you have sent a SAR with a £10.00 fee and they have kept the money and stated they do no have the information. How sneaky is that:eek:

 

I have had similar problems with the RBS (robbing hood in reverse) steal from the poor to give to the rich and the very rich:-x

 

aa:D

[Toffee Penny]

Hi AA thanks for your reply

 

I will write back to them to query the whereabouts of the application form they said they were sending with the ticked box and just ask for the ppi to be refunded and threaten to go to the Information Commissioners Office

Edited January 30, 2009 by Toffee Penny
changed reply

[Toffee Penny]

:mad: These creditors are seriously trying my patience! :mad:

 

Had reply from Lloyds from my SAR and just had 2 loan agreements back, WHERE IS THE PHONE PROVE? argh!!

 

I cannot believe creditors are so full of it when sending replies to people's requests for ppi back, they come out with so many lies about telephone recordings, reviewing sales calls and when asked for the prove they mysteriously never arrive!

 

Sorry having a bad day, but at least in times of the credit crunch I am fully supporting the local Post Office making sure it is kept in business with my special delivery letters and postal orders

[alanalana]

;)Hello TP,

 

they try everyones patience so do not be put off with the responses you get:eek:

 

:evil: These creditors are seriously trying my patience! :evil:

 

Had reply from Lloyds from my Subject Access Request and just had 2 loan agreements back, WHERE IS THE PHONE PROVE? argh!!

 

I cannot believe creditors are so full of it when sending replies to people's requests for ppi back, they come out with so many lies about telephone recordings, reviewing sales calls and when asked for the prove they mysteriously never arrive!

 

Sorry having a bad day, but at least in times of the credit crunch I am fully supporting the local Post Office making sure it is kept in business with my special delivery letters and postal orders :grin:

 

Keep at them andmake them sit up and take notice:cool:

 

aa;)

[skeptic]

A couple of quick observations that no-one else has made (or if they did I missed 'em)

 

It looks like you had a WHOLE bunch of different PPI policies from different Credit Card providers. Some PPI policies cover your debt (rather than just the individual CC, that sold you the policy), so you need to check the terms of the policies to see, if you were double insured i.e. insured by more than one policy for the same thing.

 

If you can establish that you already had insurance in place that covered the debt, this is good evidence that the subsequent policies were mis-sold.

 

Hi just wanted to update you that received Subject Access Request back from Barclaycard with statements dating back when the account opened in 04. THAT's IT!! no cca, no terms and conditions, no application, nothing just a letter saying this is all the information we hold on the account.

 

:confused:

 

No CCA in response to an SAR is normally greeted as really good news by Caggers... because either:

 

1. They don't actually have a CCA - and the alleged debt is unenforceable
   
2. They do have a CCA - but by not sending it they have breached the DPA.
   

[Toffee Penny]

Thanks for the advice skeptic

 

Just wanted to let you know that I wrote back to Barclaycard and am waiting to hear from them for full SAR details ie CCA.

 

Received SAR from Monument, writing back wanting a refund on full amount, gave them 14 days to respond otherwise going to the FOS

 

Haven't heard back from MBNA so sent them a SAR

 

Halifax loan said will respond by 28 Feb

[Toffee Penny]

Fantastic news!

 

 

Halifax loan wrote and said they found ppi might not have been appropriate for OH after all due to him being self employed and will write within one month with full details of refund for all THREE loans with them! OH will be put in a position without ever having ppi :razz:

 

 

Monument replied would like to offer just over £1200 which includes interest for their payment break plan charges. :rolleyes:

 

 

Fantastic isn't it? I am so pleased

[ollie*bollie]

That is fantastic news - well done you.

 

Just wondering how you're progressing with MBNA as we'd both received the same letter from them a while ago for our reclaim due to self employment.

 

I went straight to the FOS in February 2009 and last week received a letter stating MBNA were willing to make an offer. This would be a refund of all the premiums paid, plus associated interest plus 8%. (Account opened in 2000 and PPI cancelled in Febuary 2009.)

 

I'm really pleased with this result being my first PPI claim and was just interested to see how you were getting on.

 

Ollie

[alanalana]

Fantastic news!

 

 

Halifax loan wrote and said they found ppi might not have been appropriate for OH after all due to him being self employed and will write within one month with full details of refund for all THREE loans with them! OH will be put in a position without ever having ppi :razz:

 

 

Monument replied would like to offer just over £1200 which includes interest for their payment break plan charges. :rolleyes:

 

 

Fantastic isn't it? I am so pleased

 

Excellent news:D

 

Make sure after one month (keep a count every day) that you remind them they owe you

 

When you have the cash safely stashed away in a safe place (did not use the word bank you will note) Please post in the PPI successes sticky at the top of the forum so you can share with others.

 

aa