Black Horse Loan & PPI DN's (case now in Court)

[andie_303]

I can't open these so can't see - but have you checked there is specific exclusion of self employed? Some companies do actually pay out to self employed so i would double check that first.

[andie_303]

yes I would as they clearly did not explain there were limitations and exemtions to you so yes you still have a case.

give me 2 secs i have a letter for you

[andie_303]

Dear Sir/Madam,

 

Re: Personal loan reference:

 

I purchased the above policies from you in connection with the loans referenced above.

I believe that I was mis-sold these policies for the reason(s) given below, and wish you to investigate my complaint according to your normal complaint procedures.

 

The policy exclusions weren’t explained to me before or at the time I took out the insurance. I was therefore unable to make an informed decision as to whether this insurance was appropriate for me.

 

I now believe the insurance was unsuitable for me as I was self employed at the time I took out the policy and was not made aware of the specific exclusions relating to unemployment cover.

 

Please now investigate my complaint within the eight weeks allowed to you. I expect that you will uphold my complaint and refund all premiums paid plus both statutory and compound interest and compensation.

 

If I have not recieved a satisfactory response within 8 weeks I will forward my complaint to the small claims court where you may be liable for my costs incurred.

 

 

 

Yours Faithfully

[andie_303]

Generally if the account is in arrears they credit to the loan if the account is ok they will refund direct to you. However you can fight that when it comes down to it. You need to get that sent to the customer services people in Newport - put a reminder on your calander and at the 6 week mark if you haven't heard anything send a 2 week reminder letter.

 

Don't let it go. Write to Black Horse as well saying you dispute the PPI element and therefore they should put any action relating to this on hold until they have investigated your mis-selling complaint.

[andie_303]

oh it my be Cardiff - St William House??

[andie_303]

can you scan a copy of the needs and demands?

 

Typical first response from Black Horse - but you see it is not marked Final Response - it won't be cos they don't want this to go to the FOS - they are hoping you will just forget it now.

 

But you won't!!

 

If you can scan the needs and demands I will put you together another letter. Do you mind me asking about your disability? Was it diagnosed prior to the loan being taken out and can you provide documentation of this to them if needed?

[andie_303]

Ahhh that changes everything and we should prob have gone with the pre-existing condition more so than the self employed thing. Just looking at the needs and demands now.....

[andie_303]

what a piece of crap needs and demands - no where on that does it say what their exclusions are - and handy how it is all typed - with just a signature on the bottom.

 

Did you get the leaflet they say you should have recieved explaining the exclusions? I bet not!

[andie_303]

Ammend as desired but something like this??

 

 

Dear Ms Webb,

 

Re: Personal loan reference:

 

I thank you for your response dated XX/XX/XX the contents of which are noted.

 

I read in your letter that I should have been given a leaflet detailing the policy exclusions, this has never been given to myself and therefore I still ascetain that the policy exclusions weren’t explained to me before or at the time I took out the insurance. I was therefore unable to make an informed decision as to whether this insurance was appropriate for me.

 

The needs and demands statement also does not take into account my pre-existing medical condition. I was at no point asked about any conditions I may have suffered that could have invalidated the insurances. I have enclosed documentary proof that I had such a condition prior to taking out the loan.

 

Again I allege that I have been sold insurances that I could not make use of.

 

I have also become aware that your sales person may have received commision on the sale of such policies which was not disclosed to myself at the time. Therefore the sales person may not have been acting impartially for which I am being financially penalised.

 

Please now look into my complaint again, you have until XX/XX/XX at which time the 8 weeks prescribed will be up. I expect that you will uphold my complaint and refund all premiums paid plus both statutory and compound interest and compensation.

 

If I have not recieved a satisfactory response before the above date I will forward my complaint to the small claims court where you may be liable for my costs incurred.

 

 

 

Yours Faithfully

[andie_303]

initial letter

[andie_303]

Sure - try something like this.....

 

Ref:XXXXXXXXXX

 

Dear Ms Webb

 

I refer to my letter sent to you on xx/xx/xx and received by yourselves on xx/xx/xx, a copy of which is enclosed for your ease.

 

As you will be aware the prescribed 8 weeks for you to deal with my complaint is due to expire on 22/09/09 and therefore please expediate either your final response or refund with urgency.

 

Should I not receive either of these by the date above I will have no further option but to refer this matter to either the Finanacial Ombudsman Service or Small Claims Court where you may be liable for costs.

 

Yours Faithfully

[andie_303]

PPI claim MUST still be dealt with by them and yes you should be reclaiming charges.

 

I have done an F&F settlement with BH before as they do not read letters that comes with payment - they seperate the cheque and bank it before reading the letter.

 

May be something for you to consider - work out what they say you owe - deduct the PPI and the charges plus any interest and if there is any outstanding balance consider what you want to offer on that amount.

 

Something to think about anyway

[andie_303]

My advice would be to acknowledge the claim and counterclaim against them for the amount of PPI and charges - don't just let them walk all over you cos they don't deem themselves to be able to answer complaints on time.

[andie_303]

Hi Andie - sadly I think there will still be too much outstanding to offer a F & F.

 

Ho hum - better get SAR off now then

 

Will keep updating cos I'm bound to need help with this one again

 

i didn't offer the full amount outstanding i sent a cheque from a 3rd party for about 20%

 

They didn't realise until after they banked the cheque and then read the letter that they now had to close my account as if they accept a cheque from a 3rd party detailing it's a f&f settlement there is nothing they can really do about it.

 

It took a while but eventually they closed my account and marked my credit file as settled. There were no negative markers from them on it but that would have been a condition of acceptance if they had.

 

I'm about to try it again with another company but this time i'm going for 10% and again hoping they don't read letters before they bank cheques

[andie_303]

I think you are best just to counterclaim it in court. When you acknowledge the claim you then get x amount of days to file a defence when you file your defence issue a counterclaim against them. If you're unsure how to do this ring the court that have issued the paperwork and they will tell you how to do it. The good thing about small claims is the judge will see you on your own and explain everything to you in non legal speak so you can understand it.

[andie_303]

Amazing news well done on the PPI - hope the letters helped a little towards that.

 

I think you should send them something along the lines of.......

 

Dear Sir/Madam

 

Reference:XXXXXXXXXXXX

 

You have recently upheld my complaint for mis-sold PPI and have agreed to refund premium of £XXXX + interest totaling £XXXX.

 

You have recently instructed court proceedings on my account due to arrears of £XXXX, however those arrears were made up of including £XXXX of now admitted mis-sold PPI.

 

My calculations show with this refund my account is now in credit.

 

Therefore I know believe your claim should be withdrawn and my monthly payment reinstated.

 

Should you disagree with this position I ask for an explanation in writing within 14 days.

 

If I have not heard from you before this time I will petition the court to strike out your claim on these grounds.

[andie_303]

ooo flat out cheek!!

 

I would write to them again and say as you have failed to repsond to my letter I have no option but to bring this matter to the courts attention.

[andie_303]

I'm not completely up on the court process but will try my best.

 

Have you filed your defence?

Have you got to AQ stage?

Is this small claims or fast track?

[andie_303]

oh Fast Track - I have zero experience of that so not really the best person to help.

 

I always found if I was stuck I called the court and asked them.

 

It might be worth ringing them and saying you have requested information under CPR to help with AQ and formal defence but **** have ignored your request and you are not sure what to do now.

[andie_303]

perhaps ask JonCris to pop in to help - he is very good on all things legal wise