Citi Financial Loan and PPI

[AuntyJean]

Hi Friends, need your help.

 

My OH took out a top-up unsecured loan in 2006 with Citi Financial. He ticked the boxes for 'I wish to purchase Optional Creditcare (Payment Protection Insurance) and 'I wish to purchase Optional Takecare Insurance'. This was a top up and he was told to take the insurance as this would help secure the loan.

 

I am new to linking pictures so forgive me if this does not work

 

http://s820.photobucket.com/albums/zz121/Aunty_Jean/CitiFinancial/

 

Now, following advice we have obtained a copy of the agreement and the Takecare Insurance policy but it does not include the Creditcare policy.

 

1. Since the loan was taken out his wife has divorced him. It is noted that a) she is the beneficiary on the Takecare policy and b) the Creditcare insurance includes 'Marital Breakdown'.

2. He had various other policies at the time such as Select & Protect, Lloyds Payment Shield. None of these policies are available as his wife took all the documentation with her.

 

Can anyone guide me as to whether or not he can reclaim the amounts paid for these insurances? What on earth is Marital Breakdown Insurance?

 

I am thinking it may be best to approach a company rather than have a go ourselves given the complexity and that others have had problems with Citi Financial. Can anyone recommend someone?

 

Please can anyone guide us.

Edited August 17, 2009 by AuntyJean

[alanalana]

Hi Friends, need your help.

 

My OH took out a top-up unsecured loan in 2006 with Citi Financial. He ticked the boxes for 'I wish to purchase Optional Creditcare (Payment Protection Insurance) and 'I wish to purchase Optional Takecare Insurance'. This was a top up and he was told to take the insurance as this would help secure the loan.

 

I am new to linking pictures so forgive me if this does not work

 

http://www.facebook.com/album.php?aid=135172&id=572763097&l=33be82992c

 

Now, following advice we have obtained a copy of the agreement and the Takecare Insurance policy but it does not include the Creditcare policy.

 

1. Since the loan was taken out his wife has divorced him. It is noted that a) she is the beneficiary on the Takecare policy and b) the Creditcare insurance includes 'Marital Breakdown'.

2. He had various other policies at the time such as Select & Protect, Lloyds Payment Shield. None of these policies are available as his wife took all the documentation with her.

 

Can anyone guide me as to whether or not he can reclaim the amounts paid for these insurances? What on earth is Marital Breakdown Insurance?

 

I am thinking it may be best to approach a company rather than have a go ourselves given the complexity and that others have had problems with Citi Financial. Can anyone recommend someone?

 

Please can anyone guide us.

 

Have a look through these links....

 

PPI - Some Notes for Claimants..

 

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

 

Then IMO send off a Subject Access Request to get copies of all of the Agreements etc etc in fact all the data.

 

Full SAR for ppi and another one

 

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. The post office will be able to confirm when it was encashed (just call 01246 542091 they will even send written confirmation if you request it) Send all correspondence by at least recorded to be signed for so you can track delivery through Royal Mail

 

You should request the following documents:

 

A true copy of your Consumer Credit Agreement with the Terms and Conditions that were applicable at the time you took the loan/card/mortgage.

 

Copies of all statements applicable to the loan/card/mortgage.

 

Copies of all correspondence that apply to you as a data subject ie letters, emails, faxes etc.

 

Copies of all recorded telephone calls or transcripts of the recordings.

 

Copies of any notes made by bank/loan company staff in their dealings with you as a data subject.

 

Do not be fobbed off by them citing issues such as relevant filing systems.

 

If they have any records/data on you as a data subject and it is held under your name, address, post code, account number/s or any other system where the data is identifiable to you then it is a relevant filing system. Even if it is a specific serial number on microfiche records and the serial number is applicable to you.

 

This should give you a start to get your PPI refunded.

[AuntyJean]

Thanks for the reply but having read both this and the Moneysavingexpert advice we are still unsure as to whether we can claim, whether the PPI was upfront, whether the marital breakdown cover would apply etc.

 

Really need answers to my questions before we can start. Beside which CitiFinancial no longer provide loans under that name so we are going to experience a very long and drawn out claim.

 

That is why I was thinking of using a company or solicitor instead.

 

To my mind it is no good just sending off letters if you are unsure of what you are doing.

[pompeyfaith]

Hiya Jean

 

Firstly Welcome, now can you make a free account with:

 

http://www.photobucket.com

 

This is more secure than facebook once you have made an account upload the agreements on there and post the links into your thread.

 

Now do me a favour and do this yourself its a whole lot cheaper and you will not get ripped off as we are not in it for the money like claims management companies are.

 

There are many experienced caggers here that can help you with this including me.

 

You come across as quiet intellectual so it is not hard to do just sending a few letters etc and you get to keep all the claim.

 

Once you have the photobucket links on your thread i will have a look and offer advice.

 

Regards

 

PF

[AuntyJean]

Thanks Pompeyfaith, hope this works

 

CitiFinancial pictures by Aunty_Jean - Photobucket

 

I agree it's easy to send a few letters and I have managed to successfully reclaim bank charges in the past (for my previous partner) but I feel I need to understand what I am claiming - ie. can he still claim he was missold the policy as he had others in force at the time and he does agree that he was told the loan would be accepted if he had the PPI. Is that enough? Also, if his marriage has broken down (his wife divorced him (1st April 09 was the absolute) so would marital breakdown insurance come into effect and be easier to claim than saying policy was missold?

[pompeyfaith]

Hiya Jean,

 

can he still claim he was missold the policy as he had others in force at the time

Makes no difference indeed he can claim.

 

he does agree that he was told the loan would be accepted if he had the PPI.

This is more than enough a clear breach.

 

(his wife divorced him (1st April 09 was the absolute) so would marital breakdown insurance come into effect and be easier to claim than saying policy was missold?

You would need to check the terms and conditions on the above, but i would say if they do not pay out on the above then the policy has been mis-sold on that point also.

 

I note that they make the point that the insurance is optional on the agreement.

 

Merely putting this on the agreement is not enough did he go away knowing it was optional did they tell him.

 

Do you have the policy booklet what does it say in there about the marital cover.

 

And what does it say about time limits for making a claim on marital grounds i ask this because you say it was absolute in April thats some 4 months past.

 

have a look in the policy booklet it should tell all in there, if you was not given this booklet then that's another mis-selling point.

 

 

Regards

 

PF

Edited August 17, 2009 by pompeyfaith

[AuntyJean]

No, we don't have the policy booklet as his wife took all the papers with her when she moved out.

 

We sent off for a copy of the agreement (£1 as per Martin's guide) and received the policy wording for one of the insurances but not the one which included the Marital Breakdown cover. Should he ring them perhaps?

 

UPDATE

 

Just found a copy of an old agreement which includes all the Creditcare Insurance Policy wording and Marital Breakdown Cover will pay the montly benefit for a maximum period of six months or until the date of a decree nisi - He wasn't even aware this was covered and now it's too late! Think we will have to go for the full refund.

Edited August 18, 2009 by AuntyJean

[pompeyfaith]

Hiya Jean,

 

Yes i would as i said above you have the grounds to make a mis-selling claim.

 

Firstly have a read of the links i will post below this will get you clued up and give you an idea of what you are getting into (feed the fire is a good term)

 

Now the first step is to send off an S.A.R letter (subject access request) this will get you a record of all the data they hold on the subject.

 

I will cost you £10 and will take 40 days plus 3 days postage this is statutory im afraid. But worth the wait as it puts you in a better position to fight this.

 

It is also the way any claims management copany or solicitor would go.

 

S.A.R template Letter below just edit to suit your needs:

 

Your address

 

Their Address

 

Date

 

DATA PROTECTION ACT 1998

SUBJECT ACCESS REQUEST

 

 

Dear Sir/Madam

Your name: xxxxxx

Account No/ No’s

 

 

 

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts And or credit cards

 

Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and or credit cards, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:

-Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.

 

- A complete list of all transactions or statements relating to ALL of my Loan Accounts and or credit card with your organization.

 

-Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

 

-Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.

 

- Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

-Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

I enclose a cheque in the sum of £10 to cover your fee.

 

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION.

 

I look forward to hearing from you in the first instance of receipt.

 

Yours faithfully

 

 

Your name

 

Sign your signature and put a line through it so you will know if you see it again:o You never know

 

They have 40days to comply under the Data Protection Act, but do be nice and allow some time for postage. Which should always be by recorded delivery, so you can prove that they did receive it.

 

send this of recorded or special delivery and get a receipt then count off 43 days on a calender and put a mark on 43rd day this is important in case they do not comply.

 

If they do not comply with the request you can go further but i will explain this if and when it comes.

 

Now as i said above i will put some links below for you to read up on:

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/61081-ppi-some-notes-claimants.html

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/80582-ppi-claims-further-information.html

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/135060-mis-sold-ppi-want.html

 

Finally any questions post back and me or someone else will do are best to help.

 

Regards

 

PF