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I wonder if anyone can throw any light on this. Its something I'm trying to get my head around but can't.

 

You take out a personal loan which has PPI added to it along with interest, a multiple agreement I think...then due to financial difficulties you end up with a CCJ with set monthly payments. The amount of the CCJ includes the oustanding loan amount, PPI and interest...so you are still paying for the PPI. Can you make a claim against the said PPI?

Obviously you will have defaulted in order for the CCJ to be granted...so does defaulting terminate the PPI agreement? If so the PPI is invalidated. If the PPI is invalidated why do you have to pay the full amount and not just the amount that was due until default. By gaining a CCJ on the full amount of the PPI you are having to pay for something you no longer have the benefit of (and maybe never did but that's another case!)

 

I hope someone can understand what I'm getting at.

 

Regards.

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I wonder if anyone can throw any light on this. Its something I'm trying to get my head around but can't.

 

You take out a personal loan which has PPI added to it along with interest, a multiple agreement I think...then due to financial difficulties you end up with a CCJ with set monthly payments. The amount of the CCJ includes the oustanding loan amount, PPI and interest...so you are still paying for the PPI. Can you make a claim against the said PPI?

Obviously you will have defaulted in order for the CCJ to be granted...so does defaulting terminate the PPI agreement? If so the PPI is invalidated. If the PPI is invalidated why do you have to pay the full amount and not just the amount that was due until default. By gaining a CCJ on the full amount of the PPI you are having to pay for something you no longer have the benefit of (and maybe never did but that's another case!)

 

I hope someone can understand what I'm getting at.

 

Regards.

 

IMO you should send a subject access request get all of your data and then claim back the PPI thaqt was added to the loan.

 

Please read the stickies at the top of the forum there is a lot of information on the mis-selling of PPi.

 

Here are a few links to get you started on you research....

 

PPI - Some Notes for Claimants..

 

Mis-sold PPI? Want your money back? use these links to help

 

There is a massive amount of information in the second link and it will take a while to go through it all, but you will learn a lot on the subject of PPI and how to get your money back.

 

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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Thanks for your reply Alana,

I am in the process of of sending SAR, would have sent it yesterday but I had to have a repair on my car taking all my money, so it won't go for a few days now sadly.

I am quite sure my PPI was missold. At the time of taking out the loan I had been back at work for 4 months after 12 months sick leave, previous to this I had been on sick leave for 4 months, there was a period back at work of about 6 months between the first and second periods of sick leave. The first period of sick leave was due to a stroke. The second period due to a second stroke and mental health problems (diagnosed I guess as I was sectioned). I also have a diagnosed degenerative spinal condition. I told all of this to the 'loan advisor' over the telphone...she said in such circumstances PPI was vital...although I doubt they will admit that now! I now realise that my health problems mean that I could never have made a successful claim on PPI. And I'm still paying for the privelege of having an insurance policy I couldn't, and never can claim on! So what the hell am I paying for?

RBS have a CCJ and a Charging Order which includes the PPI amount including interest on the PPI, but I don't have and never really have had the benefit of the service being paid for...so why should I be paying for a service not being provided?

Although I suppose I'm taking a devil's advocate approach it is a real issue for me, and I guess for many other people who are in the same situation...who maybe like me were too ill and scared at the time to question or fight back.

I do understand (to some degree) the misselling of PPI after reading the stickies, but I really am struggling with why you can you can get a CCJ which includes it, when it has in effect been invalidated, and is therefore a service you cannot, from the point of default, access. The personal loan amount...yes..I had the benefit of that money, and had my life not gone totally 'tits up' I would have paid it every month as agreed, as I would have the PPI I suppose,as I would never have even thought about this, but my life did go 'tits up' big style. I don't disagree with the CCJ in respect of the original loan amount...as I say I had the benefit of that amount...but I don't have the benefit of the PPI which I am still paying for and which is now subject to a CCJ and Charging Order.

Just to reitrate I will be sending a SAR when my finances allow, hopefully within a week.

I really am just trying to make sense of this PPI situation as it seems so unfair and unjust.

Regards and best wishes,

Zim.

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P.S. When I said in my original post 'can I make a claim against the said PPI' I didn't mean a claim for misselling I meant a claim against the insurance for illness, unemployment or death.

Regards, Zim.

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i wouldn't bother

if you try and claim they will find some clause which prevents you.

plus you will get far more financial worth by reclaiming, esp a front loaded one

 

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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