Jump to content


  • Tweets

  • Posts

    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
  • Recommended Topics

Yet another 1st Credit query !


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5533 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, I am new here - so if this query is not in the right place - please redirect me.

 

Some time ago I had a bank loan with LLoyds Bank which would, presumably, have been secured on my house. In 2004 I retired from work, and have had great difficulty in adjusting to life on a pension. I admit that I am not a good money manager and have, consequently, fallen into arrears. LLoyds sold my debt to Ist Credit about a year ago, and it was agreed that I should repay it at £150:00p per month. Although this has caused considerable hardship and landed me in trouble with other debts, I have managed to pay them without fail each month for 12 months. Now they are saying that this amount is not enough as it will take too long to recover that the debt - they are demanding that I increase my payment to £250:00p per month or they will take action.

 

Can they do this? I have tried to explain that my income will just not stretch that far - but they do not listen.

 

As the original loan was secured can they force me out of my house ?

 

I am at my wits end to know what to do about this. Please can anyone help?

Link to post
Share on other sites

Have you actually sent 1st crudit a CCA request to see if they are legally entitled to collect on this account??

 

Also, they have no rights to demand you pay more - in fact, it is up to YOU how much you pay per month. Offer them only what you can afford! The have no powers whatsoever, no matter what they tell you.

Link to post
Share on other sites

Oh dear, oh dear....do 1st Crud ever learn? :mad:

Their greed knows no bounds.

Right....first, do not speak to them on phone - refuse to answer security questions if they ring - everything must be in writing only.

Second - stop all payments IMMEDIATELY & demand a full refund on what youve paid already (yes you heard right...a FULL refund)

They had no legal authority to the monies off you & have simply obtained it off you through threats & deception etc..

Only the county courts have power/authority over you - 1st Crud dont.

Report them to the OFT & trading standards as well.

The most you should be paying these clowns is £1 per month once a county court has authorised it & all your outgoings have been taken into account.

Even though it was secured on your house..they cannot force you out, only a court could do that & it would be a very last resort once all other avenues have failed.

Other will be along with their own help/advice for you soon ;)

Edited by mr.ton
Link to post
Share on other sites

Well Well

 

What Can I Say.

 

Ok We Need A Plan I Fully Agreed With Mr Tom Can You Possible Belief These People

 

Do You Have Everthing In Writhing To Date

If Not We Must Start Now

 

Why Do You Think It Is A Serure Loan We Will Need To Find Out

 

What Is The State Of The Account How Much Do You Owe

 

Any Charges Ppi Or Anything You Do Not Quite Understand

 

Please Gather All Your Bits Together

 

Noa Any Default Notice Anything That You May Have

 

Any Question We Will Answer

 

Welcome Your Are Among Friends

 

 

Link to post
Share on other sites

Have you actually sent 1st crudit a CCA request to see if they are legally entitled to collect on this account??

 

Also, they have no rights to demand you pay more - in fact, it is up to YOU how much you pay per month. Offer them only what you can afford! The have no powers whatsoever, no matter what they tell you.

 

 

Are you really sure ? It would be wonderful if that were true.

Link to post
Share on other sites

Well Well

 

What Can I Say.

 

Ok We Need A Plan I Fully Agreed With Mr Tom Can You Possible Belief These People

 

Do You Have Everthing In Writhing To Date

If Not We Must Start Now

 

Why Do You Think It Is A Serure Loan We Will Need To Find Out

 

What Is The State Of The Account How Much Do You Owe

 

Any Charges Ppi Or Anything You Do Not Quite Understand

 

Please Gather All Your Bits Together

 

Noa Any Default Notice Anything That You May Have

 

Any Question We Will Answer

 

Welcome Your Are Among Friends

 

Thank you - here are the details:-

 

Hello again,

 

The first letter I had from 1st Credit was in June 2006. This was to notify that they had taken over my loan from Lloyds TSB, the balance of which was £10,888.24p. They said that if I wanted any proof of this it would cost me £5.00p Administration fee. (This was originally a secured loan)

 

I contacted them, by telephone, and offered them £50.00p per month which was an affordable amount. They refused point blank, saying that they could not accept anything lower than £150.00p per month because the balance was so substantial. I explained that I was retired and living on a pension - but their response was less than sympathetic. They had, apparently checked with the Land Registry, and found that I now owned my house - so their suggestion was that I should either remortgage or sell up, otherwise they would put a ‘charge’ on the property. I agreed to set up a Direct Debit for £150.00p per month, although I knew this was likely to cause me further financial problems. I was too scared to do otherwise.

 

In September 2008, they contacted me again, by letter, asking me to increase my instalments. The balance was down £8,903.24p, but, although I have never missed a payment, they said that it was not reducing quickly enough, and wanted permission to increase the Direct Debit. I refused because I honestly could not afford this.

 

In January 2009 I received another letter - thanking me for my regular payments - and asking me to telephone them to review ‘my case’. I tried emailing to the address on their letterhead- but it was returned by Mailer Daemon as invalid. The last paragraph of the letter said,

 

“If we do not receive a reply to this letter we will assume that you are unwilling to undertake the agreed review and will be forced to consider our options. This may involve legal action, and ultimately result in a charging order against your property.”

 

This really did scare me - so I telephoned them. They wanted to increase the monthly payments - but I explained that I could not commit to any increase until after I had received this years Council Tax Demand, as I knew this was to be increased. They agreed to leave things in situ until after April 1st.

 

Now I have had two voicemail messages saying that I have to call them and agree to increase my payments to £250.00p per month or they will take further action.

 

I am not denying the debt, and I am doing my level best to clear it, but I honestly cannot afford to increase my payments. Balance now stands at £8,303.24p.

 

Sorry this has been such a long post

Edited by AmberIsis
Link to post
Share on other sites

Are you really sure ? It would be wonderful if that were true.

 

YES!! Only a court can tell you what you HAVE to pay. DCA's are full of threats about what they MAY do or COULD do. Reduce your payments and if they don't like it, then they would have to get a CCJ against you......BUT a judge would only order you to pay what YOU can afford. The chances of them getting a CCJ whilst you are making payments is slim to none!

 

From now on, put everything in writing to them. Do not sign any letters (print only) and send them all recorded delivery. Send them a letter stating that due to the financial downturn and the current economic climate, you can now only realistically afford to pay £xxx (whatever you are comfortable with). Demand they put everything in writing to you as well!

Link to post
Share on other sites

Posted the same time as you, so missed your previous post. As you are living on a pension, they are asking for WAY to much a month. If I was you I would cancel the direct debit and set up a standing order instead. That way only YOU are in control of the amount coming out of your account.

Link to post
Share on other sites

I DONT KNOW BUT WHY WOULD TSB SELL A SERURED LOAN

 

WHERE YOU GIVEN NOTICE BY TSB IE NOTICE OF ASSIGNEMENT

 

Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice-

 

LILLY

 

 

Link to post
Share on other sites

Was this a secured or unsecured loan? If you are not sure, one way to check would be to get a copy of the land registry record from www.landregistry.gov.uk (it costs a couple of quid) and check to see if Lloyds or anyone else has a mortgage on your property. Given that they are threatening a charging order, I suspect the the loan was unsecured.

 

How you proceed depends on whether you agree that the debt is valid and if you want to pay it. If it is valid and you want to pay it, the matter then comes down to how much you can afford and how it should be paid. You should not prioritise non-essential debts (of which a bank loan is one) over things like income tex, council tax etc and you should only pay what you can reasonably afford after paying essential debts and your normal costs of living. That is all a court would ask you to pay.

 

If you are struggling with paying £150 you should reduce it accordingly and tell the DCA why. You should also cancel the direct debit and only pay by standing order. DCAs have been known to abuse the direct debit system and standing orders are much safer.

 

If the original debt was unsecured, the only way they could get your house off you would be to 1) obtain a county court judgement whose terms you then breach. 2) obtain a charging order and 3) get a court to agree that the property should be sold. It may sound like a daunting process but it is actually designed to protect you as well.

Link to post
Share on other sites

was this loan covered by PPI?

 

are there any chargese applied that yopu can claim back?

 

When was the last time you had a statement from 1st Crud?

 

 

I have never had a statement from them, so I am not even sure if they are charging me interest on this.

Link to post
Share on other sites

Some of you have mentioned CCA's and PPI's - I have no idea what those are so, no, I have not sent any to Ist Credit.

 

I can't thank you all enough for your help and advice - they are making my life a misery with all their threats - I haven't dared to leave the house for days in case they send bailiffs to break in.

 

This is all my own fault, but i am trying to sort it out.

 

Thanks again.

Link to post
Share on other sites

there you go

 

Rules on credit agreements

 

If you provide credit or hire facilities to consumers you must provide them with - and get them to sign - a written agreement setting out the terms of the agreement, their rights and duties. You must also provide the consumer with clear information on the terms of the agreement before they sign, so they know what they are signing up to and can compare with other deals.

 

Key points on credit agreements

 

You must comply with the Consumer Credit Act 1974, as amended in 2006, and all relevant regulations, including those on advertising, pre-contract information and agreements. The terms of the contract must also comply with the Unfair Terms in Consumer Contracts Regulations 1999.

You must make clear the key financial information, including the amount of credit, the period of the credit, the total amount payable and the Annual Percentage Rate (APR). You must also provide information on the rate of interest, default and other charges, and examples of the amount payable if the debt is repaid early.

Consumers have a cooling-off period during which they may cancel an agreement if they have signed anywhere other than on your trade premises - including in their own home, over the telephone or online. The length of the cooling-off period depends on the type of transaction.

If the agreement is secured on land, the cooling-off right does not apply but the consumer must be provided with a copy of the agreement at least seven days before receiving the actual agreement to sign. They must then be given a further seven days to consider the agreement before signing.

You must provide the customer with a copy of the signed agreement and details of any cooling-off rights.

The customer can request a further copy at any time, together with a statement showing the current state of the account.

You must provide regular statements to customers on all credit agreements.

You must provide notices of sums in arrears, if the customer misses payments or falls behind by more than a certain amount. You must also issue a notice if you wish to impose a default sum (a sum payable by the customer if they breach the agreement, eg they miss an instalment) or to charge interest on this.

There are specific rules on the form and content of statements and notices. Download guidance on the requirements from the Office of Fair Trading (OFT) website (PDF) - Opens in a new window.

You must, on request, give the customer information about the sum payable to settle an agreement early. The sum payable must be calculated in the way set down in the regulations.

There are separate rules relating to termination of a hire-purchase or conditional sale agreement.

Any enforcement, default or termination notice that you send must be in paper format, and must contain prescribed information.

If you have not complied fully with the rules, the agreement will be enforceable against the consumer only with a court order. Certain agreements entered into before 6 April 2007 may not be enforceable at all.

If the credit is to finance the purchase of goods or services, the consumer has the right of redress from you or the supplier or both in respect of misrepresentation or breach of contract. See our guide on customer protection.

You mustn't harass debtors or use 'undesirable' debt-collection methods, eg sending out documents that look like a court summons or other official documents. Download guidance for debt collectors from the OFT website (PDF) - Opens in a new window.

Consumers have the right to complain about lenders and other credit businesses to the Financial Ombudsman Service (FOS). You can download a guide to the financial ombudsman's role from the FOS website (PDF) - Opens in a new window.

In certain cases, the consumer may be able to challenge the agreement in court, and obtain redress, on the grounds that the relationship as a whole is unfair to the borrower. Find guidance on the unfair relationship provisions on the OFT website - Opens in a new window.

Subjects covered in t

 

 

Link to post
Share on other sites

PPI IS payment protection insurance (PPI)

 

 

 

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

Rules of selling

In this section

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

Quick check: were you mis-sold?

Rules of selling

PPI - rules before 2005

You may also be interested in

REVIEWS

Credit cards

Life insurance

Personal loans

ADVICE

Cancelling your PPI policy

PPI: how to claim if you’ve been mis-sold

PPI alternatives

CAMPAIGNS

Payment protection insurance

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

Rules of selling

 

FSA’s rules advise how firms and advisers should sell PPI

Since January 2005, the sale of payment protection insurance (PPI) policies has been regulated by the Financial Services Authority (FSA).

 

The FSA’s rules are very clear about what firms and advisers selling PPI should do at the time the insurance is sold to you.

 

Information you should have been given

If some or all of this information was not made clear to you either before or at the time you agreed to take out the insurance, then you have grounds to complain.

 

If PPI was optional on the product you bought, this must have been made clear.

The adviser should have made you aware of any significant policy exclusions and checked whether any of these exclusions applied to you.

The adviser should have made it clear how much the policy would cost and whether the PPI would be paid for by a single up front premium, or by regular premiums.

If it was a single premium policy, then the adviser should have made it clear that the cost of the insurance would be added to the loan or finance agreement, and that you would pay interest on the insurance premium.

If the insurance expired before your loan or finance agreement, the adviser should have made it clear that this was the case and (in the case of single premium policies) that you would continue to pay interest on the insurance premium after the insurance had expired.

Pressure sales

If an adviser tried to persuade you to take out PPI by saying something like ‘we strongly recommend that you consider taking out PPI’, the sale has moved from a ‘non-advised’ to an ‘advised’ sale.

 

If this happened to you and you did not receive a demands and needs statement (see below), then you have grounds for complaint.

 

There are certain additional requirements on firms and advisers that carry out ‘advised’ sales.

 

With an advised sale the adviser must assess whether you need PPI, considering your circumstances and any existing insurance you might have. The adviser must also assess whether the policy, including its costs, is right for you.

 

Meeting your needs

If the policy does not meet all your needs, perhaps because of one of the exclusions, the adviser must clearly tell you which of your needs the policy will not meet and must take this into account when considering whether to recommend the policy to you.

 

For advised sales

With advised sales, the adviser must issue a demands and needs statement to show why a particular policy has been recommended and why it is suitable for you.

 

Firms or advisers giving advised sales must keep records showing that a suitable recommendation was made, and recording any demands and needs that might not have been met.

 

Don't give in

The company may try to wriggle out of upholding your complaint by saying that all this information was provided to you in writing after the sale. If it does do this, then don't be put off – if they broke the rules, they broke the rules – which means you can complain.

 

The rules are very clear that you must be given a certain amount of information at the time you are buying the insurance so you can make an informed decision about whether the insurance is right for you or not.

 

If you weren't told about things like cost and policy exclusions until after you had bought the insurance then you couldn't take these things into account when make your decision.

 

For regular money updates, subscribe to the Which? money advice RSS feed here. If you have an older web browser you may need to copy and paste this link into your newsreader: Which? Money Advice. Find out more about RSS in the Which? guide to news feeds.

 

NOT MY DROP ZOON HOW EVER WE NEED TO KNOW IF CCA WAS COVER

 

I KNOW MORE TO READ

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...