Northern Rock PPI Claim

[Jan4a]

Thanks for this, says insurance only covers a 5 year term - how do we know this is true? is it standard or do I need to check my policy (that incidentally I was only provided with in January when i rang to say I was redundant and needed to make a claim - that's when I found out it only paid out for 12 months so decided to claim back instead).

 

My internet is down and I am using dad's - as soon as mine is back up I will get on with it!

 

Thanks again

Jan

[alanalana]

you will need to change paragraph 6 to read 5 unless the 5 is missing ;-)

[pompeyfaith]

double check your policy jan but id say it is a 5 yr one going by the cost of it and the fact ive never heard of a 10 yr ppi yet

[pompeyfaith]

one thing is 4 sure it proves it was missold because it is now aparant to me they did not tell u this and they should of done

[Jan4a]

Thanks. My internet still down - apparently 3 mobile technical problems in N ireland, Scotland and north of england so some of us having real problems!

 

They didn't tell me anything at all about the policy and I didn't even get sent a copy until this Jan when I told them I was redundant so needed to make a claim!

 

Will check it when I get home (am on dad's again!).

 

Jan

[Jan4a]

Hello PF

 

back online and sorted now!

 

It does actually look like that the insurance covers me for the whole 120 months - not just 5 years. Just read through the T&C's. Am a bit suspicious though as I was never supplied with these when i got the loan, only got them this January so wonder if they've been amended since.

 

Anyway, I'll just delete that para in the letter and send it off tomorrow.

 

I'll start a new thread when I get a reply so that "Northern Rock" appears in all the headings - AA has asked me to do this and its the only way I know to do it.

 

Thanks for all your help so far

 

Jan

[pompeyfaith]

no need to start a new thread just hit the red triangle this will flag up the siteteam just post a message there with a link to this thread a state what u wish it to be called

[pompeyfaith]

or send alan a PM and he will sort it

[Jan4a]

Thanks. Have done that

[42man]

Changing title....

[pompeyfaith]

there u go thanks 42man

[Jan4a]

Right,

 

Title changed (thanks!), letter sent recorded delivery this morning so wait and see now.........

[Jan4a]

Had a letter from Northern Rock over the last few days (been away) dated 18 August.

 

They've sent a quesionnaire they want me to complete which asks questions about the PPI - most of the answers I don't know as they never told me anything about the policy I had. Might just fill in my name and refer them to letter. They say "the information will help them during the investigation of my complaint". They ask if I asked the advisor for details of the policy - sounds like they're trying to put blame on me for missell.

 

They also say they only received the top copy of my letter and are asking for the second page - so assume they haven't had the spreadsheet either. I'll send it all again telling them I hope their postroom passed all the contents of the envelope to them this time. They say they will process my application in the meantime.

 

Also, my next payment is due on 1st Sept. Think I should tell them I will be unable to pay this as I won't know the amount to pay without the PPI, until they reply to me in full? Or just ask what the amount will be? or tell them I won't pay anything - they can take it out of what they owe me?

 

Thanks

Jan

[Jan4a]

Re: Above post

 

The more I look at the form the more I don't like it. Don't think I will complete it - doesn't give them an excuse to drag their feet does it? Has anyone else filled forms in?

 

Next payment - think I should tell them I can't pay until they give me the amount. anyone see a problem with that?

 

Thanks

Jan

[Jan4a]

Hi

 

Could someone read my last two posts in this thread and confirm I am doing right thing please before I write back to them tomorrow?

 

Many Thanks

 

Jan

[pompeyfaith]

Hiya Jan,

 

Firstly sorry for the delay you have had, rights lets get you some answers.

 

They ask if I asked the advisor for details of the policy - sounds like they're trying to put blame on me for missell.

 

How can you ask for the details of the policy if you do not know what details to ask or what is in the small print it is for them to ensure you know these and are fully aware of what you are buying.

 

They also say they only received the top copy of my letter and are asking for the second page

 

Well that just goes to show how lax there administration is as I cant for one moment think you would of forgot to enclose everything the truth is it probably got lost under there mountain of paperwork due to not having good practice and good procedures in place.

 

Also, my next payment is due on 1st Sept. Think I should tell them I will be unable to pay this as I won't know the amount to pay without the PPI, until they reply to me in full? Or just ask what the amount will be? or tell them I won't pay anything - they can take it out of what they owe me?

 

Thats what I did but remember if you do this to send the disputed account letter template in the templates library.

 

Regards

 

PF

[Jan4a]

Thanks PF.

 

Jan

[pompeyfaith]

you are welcome PF

[Jan4a]

Right.

 

I replied to them last week, also adding that until they advised what my payment minus the PPI would be I would be unable to pay payment due 1 September.

 

Didn't hear from them so couldn't pay it. Received a letter on saturday telling me my 1st September payment was overdue (same amount as with PPI).

 

Rang today, spoke to guy in "payment problems" - explained I couldn't pay this until they had calculated what the amount was minus the PPI. He spoke to person dealing with it and said I was to pay the amount with PPI as missold claim was ongoing. I told him that irrespective of missell claim, PPI is cancelled and they still should have cancelled PPI a month ago and I shouldn't have to pay it this month. He again spoke to his colleague and then came back to me and said they couldn't treat it as 2 issues (PPI Cancellation and PPI Missell) so I'm to pay it this month and they'll pay it back to me.

 

I told him this was cancelled on 2 August and I'm not paying it until they give me a figure minus PPI. He said it could affect my credit rating. I said if it did I would report them to FSA.

 

So, am I right? I think I should probably reiterate in writing in case I get problems later on with credit rating.

 

Guy was quite nice, he was pretty clueless really. Left it that I'd put in writing, but I already have once really. If i did it again though I could mention the credit rating threat.

 

Oh, and he did mention that they would shortly be in touch with a settlement figure................

[pompeyfaith]

Hiya Jan,

 

Firstly I fall to see how they can put a negative marker on your credit ratings as the account is clearly in dispute.

 

A letter to the FSA explaining there actions is required here.

 

Yes another letter to northern rock spelling out the situation to them and that a complaint to the fsa has been made because of there actions re: threat of negative marker on credit files

 

Regards

 

PF

[Jan4a]

Thought so!

 

Thanks PF.

 

Jan

[orange6]

Jan

 

Any further update? I'm about to wriite to NR to ask for refund of PPI!!!

[Jan4a]

Hi Orange

 

Nothing yet, but I think they have almost a month left before they have to reply to my reclaim letter. I'll keep you informed though.

 

Have you done a SAR first? Mine proved really useful as they'd input stuff on their system that worked to my advantage. Also, when you come to do your spreadsheet it helps as you get a list of payment dates, amounts etc off them. I sent them the £10 fee but they didn't cash it. They sent SAR info in about 2 weeks - they did have my signed agreement although I wasn't particularly bothered about that as I'm happy with just doing PPI reclaim.

 

When I spoke to them 3 days ago about payment, they said they'd be sending an offer soon - so it looks like they're going to try to settle rather than paying the full amount but I'll have to wait and see!

 

You can probably lift a lot of info from my thread as I was new to it so had a lot of help from others.

 

When you come to do your spreadsheet (do you know excel?) I could email you mine so you can just amend that accordingly. I know mine is right cos PF did most of it and also checked what I did! You'll have to pm me your e-mail address if you want to do that.

 

Jan

[hellsbells1805]

Details on loan agreement are:

Loan amount £12,000

Payment Protection £5821.20

Amount of credit £17821.20

Total charge for credit £6,192

Total amount payable £24,013.20

APR 6.4%

Payble by 120 monthly instalments of £200.11

 

Also, does this mean it was front loaded and I paid interest on it?

 

 

You should forget the PPI agreement and claim all payments made back with interest on the grounds that the credit agreement is unenforceable under section 18 of the CCA 1974.

Section 18 of the Consumer Credit Act of 1974

‘18.--(1) This section applies to an agreement (a “multiple agreement”) if its terms are such as--

(a) to place a part of it within one category of agreement mentioned in this Act, and another part of it within a different category of agreement so mentioned, or within a category of agreement not so mentioned, or

(b) to place it, or a part of it, within two or more categories of agreement so mentioned.

(2) Where a part of an agreement falls within subsection (1), that part shall be treated for the purposes of this Act as a separate agreement.

(3) Where an agreement falls within subsection (1)(b), it shall be treated as an agreement in each of the categories in question, and this Act shall apply to it accordingly.’

The loan contains both a fixed sum loan agreement (£12 000.00 the amount you borrowed) and a debtor-creditor-supplier agreement (£5821.20 PPI)

The Credit Agreement completely ignores s18 and is therefore unenforceable as it does not have separate repayment terms for the two agreements and repayment terms are prescribed terms in Schedule 6 of the Consumer Credit (Agreements) Regulations 1983.

[Jan4a]

Hi Hellsbells1805

 

Thanks for this. My thinking at the moment is that I'll claim the PPI back as that will be faster than doing CCA plus the amount I'm claiming back comes to about the same as I've paid them so far because of all the interest and the 8% I'm claiming back. So thought I'd do PPI reclaim, then have a think about CCA after I've seen how much of loan is left to pay and what their attitude is towards reclaim.

 

So far Northern Rock have been OK but if they really mess me about (like other bank's have done with people) then I might be tempted to jump straight to CCA.

 

Thanks for the info though - didn't know it wasn't enforceable before, would have had to ask everyone. If I go that route I'll probably have loads of questions!

 

Thanks again

 

Jan