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Hi

 

I am currently going through a claim with BH for mis-sold PPi. I recently discovered that the ppi was a single premium, (2550) added onto the loan, at the beginning. I was only covered for the first 5 years, which wasn't explained to me, so that only when I tried to cancel it, did I learn of this. I am still paying for the Insurance on top of the loan in my monthly payments, but I am no longer covered.

 

Anyway my question is this. My loan still has another 20 years to run, so if I am one of the lucky ones, (not holding my breadth here), will I get any monies due paid directly to me, or will they just reduce my monthly loan payment by the amount of the cancelled PPI, and put whatever I am entitled to, off the remainder of the loan.

 

I am hoping that this is not the case as I could do with the money. I was on maternity leave at the time of taking out the loan and on tax credits, (they knew of this, as I had to send my tax and child tax credits for proof of Income)and my child was born disabled, so I have never been able to go back to work.

 

Thanks for listening and any advice would be very much appreciated.

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firstly, get the PPI cancelled!! you should NOT be paying it!

they cannot make you take out a new loan either!

 

what you have already paid for ppi should be repaid direct, then the outstanding ppi removed from the total. i think.

 

alanalana will be along soon to clarify for you.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi

 

I have already tried to cancel the PPI, and was told that I can't. I took the loan out in 2004, the PPI only covered the first 5 years, (new to me), although I stupidly signed the agreement, (but I wasn't thinking straight) it was never explained to me. I tried to cancel in May to reduce my monthly outgoings, (going through it financially), and they said that I was no longer covered, (being 61 months into the loan) that my monthly payments would not be reduced, and remain the same. Their adviser said that I could complain if I wanted to do, so that was when I did some investigating on the net, and discovered that I had been mis-sold the PPI.

 

Should I ring them up and insist that they reduce the monthly payments by the amount of the PPI, which shows on the agreement as 20 odd £, a month with interest for 300 months.

 

I am so fed up with waiting.

 

Any advice would be very much appreciated. (alanalana if you reading this)

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I would start from scratch namely Subject Access Request with the statutory £10 fee and ask for all the data.

 

Lets take it from the start.

 

You are correct with the Subject Access Request this is always the starting point. It helps you to get all the information before you start action.

 

There is a template Subject Access Request here..

 

Data Protection Act 1998 - Subject Access Request

 

You can be specific with what data you request although the Subject Access Request is really asking for everything. The Statutory fee is £10.00 Postal Order is fine but keep the details of the number for future reference. Send all correspondence by at least recorded to be signed for so you can track delievery through Royal Mail.

 

The things you should get from a Subject Access Request are:

 

True copies of your Consumer Credit Agreements (CCA) with the terms and conditions that were applicable to the agreement at the time the loan started.

 

Copies of all you statements.

 

Copies of all correspondence with regart to the loan, letter, fax, transcripts of phone calls or transcripts of phone calls, or other notes taken by them during the calls.

 

Also be specific in your request for full disclosure on any PPI added to the loans this should be identifiable on the CCA.

 

Specifically request the needs and wants/Customer duty of care questionnaite which should have been completed at the point of stale. This questionnaire should be filled out by the bank advisor to ensure all the relevant questions have been asked to ensure the product is fit for purpose and suitable to your needs. See this as an example.....

 

When you send your Subject Access Request you should ask for evidence of the questions asked at the point of sale.

Please see this link for an example:.....http://wwwa.mbna.co.uk/insurance/files/CP0608_INSU_MB_LP_S.pdf

 

The data requested should be data in any format that their organisation uses for filing, electronic, paper, microfiche, CD, Floppy, Magnetic tape.

 

Please have a read through the following links for further information.

 

PPI - Some Notes for Claimants..

 

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

 

Another useful site to help you reclaim missold PPI UPDATED 16 JUN 08

Reclaim your PPI premiums - payment protection insurance | This is Money

 

This is a little snippet from the above link....

 

Quote:

Can I reclaim on any PPI policy?

Your claim for compensation is dependent on when you took the insurance. PPI sales only came under the jurisdiction of the FSA on 14 January 2005. Any sales made before then are not covered by the latest rules.

However, it may still be worth complaining to your lender if you feel you have been mis-sold. If you bought before January 2005 it is likely that they will have been covered by a previous regime of rules. This means that the Financial Ombudsman Service will be able to consider these complaints. If you took PPI after January 2005, your claim is subject to the latest rules.

All of the above and more in this sticky at the top of the forum.

 

links

 

It's a lot of reading but some useful stuff in there:wink:

 

 

Once you have all the information you can study and make your claim. Keep copies of all correspondence and keep extra file copies of everything. The FOS like to be given a comprehensive history of the case and to get all the information.

 

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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Dear alanalana

 

Thank you for your very detailed advice. I have written to BH 3 times, once when they replied with a "No" and my other two letter explaining in more detail why I have been mis-sold. On the 25th of this month it will be 8 wks since I first made my complaint. I also rang the FOS as BH said that I could not complain to them as they were not registered until 2005, and my loan was taken out in 2004. However, the FOS, said that they are now looking at all complaints due to the volume of mis-sold PPI. I know that this does not guarantee they will deal with it, but the FOS do know that BH were not registered with FSA or the other one, (can't remember which), but said that they will still look into it. They also wrote to BH telling them to write within the 8 wk deadline with a final response.

 

I have to date heard nothing and was wondering whether to call them to see what was happening. I sent all my letters by recorded delivery and checked that they have been signed for.

 

Before, I go to the FOS, should I send off for the SAR, or go to the FOS with my complaint.

 

Any advice would be very much appreciated and thank you for your time.

 

FUWIA

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Dear alanalana

 

Thank you for your very detailed advice. I have written to BH 3 times, once when they replied with a "No" and my other two letter explaining in more detail why I have been mis-sold. On the 25th of this month it will be 8 wks since I first made my complaint. I also rang the FOS as BH said that I could not complain to them as they were not registered until 2005, and my loan was taken out in 2004. However, the FOS, said that they are now looking at all complaints due to the volume of mis-sold PPI. I know that this does not guarantee they will deal with it, but the FOS do know that BH were not registered with FSA or the other one, (can't remember which), but said that they will still look into it. They also wrote to BH telling them to write within the 8 wk deadline with a final response.

 

I have to date heard nothing and was wondering whether to call them to see what was happening. I sent all my letters by recorded delivery and checked that they have been signed for.

 

Before, I go to the FOS, should I send off for the SAR, or go to the FOS with my complaint.

 

Any advice would be very much appreciated and thank you for your time.

 

FUWIA

 

Send the SAR it is important to get all the data you can before going to the FOS. I believe the other one would be the General Insurance Standards Council (GISC)

 

Letter templates here..

 

Full SAR for ppi and also here..

 

Data Protection Act 1998 - Subject Access Request

 

and be sure to ask for these:

 

You can be specific with what data you request although the Subject Access Request is really asking for everything. The Statutory fee is £10.00 Postal Order is fine but keep the details of the number for future reference. Send all correspondence by at least recorded to be signed for so you can track delievery through Royal Mail.

 

The things you should get from a Subject Access Request are:

 

True copies of your Consumer Credit Agreements (CCA) with the terms and conditions that were applicable to the agreement at the time the loan started.

 

Copies of all your statements.

 

Copies of all correspondence with regard to the loan, letter, fax, transcripts of phone calls or transcripts of phone calls, or other notes taken by them during the calls.

 

Also be specific in your request for full disclosure on any PPI added to the loans this should be identifiable on the CCA.

 

Specifically request the needs and wants/Customer duty of care questionnaite which should have been completed at the point of sale. This questionnaire should be filled out by the bank advisor to ensure all the relevant questions have been asked to ensure the product is fit for purpose and suitable to your needs. See this as an example.....

 

When you send your Subject Access Request you should ask for evidence of the questions asked at the point of sale.

Please see this link for an example:.....http://wwwa.mbna.co.uk/insurance/files/CP0608_INSU_MB_LP_S.pdf

 

The data requested should be data in any format that their organisation uses for filing, electronic, paper, microfiche, CD, Floppy, Magnetic tape.

 

Please have a read through the following links for further information.

 

PPI - Some Notes for Claimants..

 

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

 

Another useful site to help you reclaim missold PPI UPDATED 16 JUN 08

Reclaim your PPI premiums - payment protection insurance | This is Money

 

This is a little snippet from the above link....

Quote:

Can I reclaim on any PPI policy?

Your claim for compensation is dependent on when you took the insurance. PPI sales only came under the jurisdiction of the FSA on 14 January 2005. Any sales made before then are not covered by the latest rules.

However, it may still be worth complaining to your lender if you feel you have been mis-sold. If you bought before January 2005 it is likely that they will have been covered by a previous regime of rules. This means that the Financial Ombudsman Service will be able to consider these complaints. If you took PPI after January 2005, your claim is subject to the latest rules.

All of the above and more in this sticky at the top of the forum.

 

links

 

It's a lot of reading but some useful stuff in thereclip_image001.gif

 

Hope this helps

 

Homework first

 

Then claim your money back

aa

 

Edited by alanalana
text edit

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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Thank you once again aa. Will give them the full 8 wks then send off for the SAR.

 

Thank you.

 

Regards

FUWIA

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