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    • why did you enter into pointless letter tennis? have you had a letter of claim or a court claimform?
    • Hi Guys   I moved into my new home 2 years ago and it already had a smart meter.  I switched to Utilita (gas & electric) because there is no daily standing charge.  However, when I spoke to them in October the agent said that I had used gas during the summer months.  The central heating is the only thing that uses gas and I had no reason to turn it on during the summer as I use fan heaters instead if it get a bit chilly.  I accept that my monthly direct debit needs to be increased (currently £50 for both - one occupant) but I wonder if there is anyway that I can prove that I wasn't using the heating during the summer.    I had assumed that the payments I was making during the summer for gas would have been credited to my electric account but was shocked when they told me that there wasn't any credit.   They say that I now owe about £500 each for gas and electric but as they didn't alert me earlier to the fact that my monthly payment was too low, they are willing to set up a payment plan for me to repay this. This is the first time I've had a smart meter and I would like to know if it's common for them to give inaccurate readings?     I will set up a payment plan with them but would also like to know if I can switch supplier in the meantime?   Can I refuse to have a smart meter?  What is a better option?   Your advice would be much appreciated.  
    • Well firstly you haven't addressed my question as to when it was purchased. Secondly, is there another model which has the same functions that you are looking for?
    • Update further reply:    The Pitman centres are all franchise businesses so individually owned businesses, any refund would need to be sought from the centre that you paid the money to.   Of course we are sorry to hear about your personal circumstances, howeve, you have purchased the diploma three years ago, generally students complete the diploma within 12 months. You haven’t said which centre you purchased the diploma from but I would  say after 3 years  I would tend to agree with the centre in that you would not be entitled to a refund.   Anyone able to help?
    • Lowell has written to me concerning this debt on the 23rd of Jan 2020. letter states: We have noted the contents of your letter and we understand that you have no knowledge of this account. We are able to offer the following information regarding the account. • Agreement start date: 19/06/2014 • Application address: Flat 4, 3 Kempsford Gardens • Tariff Description: Phone BB Hardware • Disconnect Reason: Cessation by BT • Original Creditor: BT Retail Consumer • Mobile Number:02078351401 ( this is a landline ) • Client last payment date: 16/12/2014 • Client last payment value: 86.16 this is not £499.00 • Default date: 27/08/2015, this doesn't square with last pay date. • Airtime Debt Value:257.94 • Early Terminate Fee:241.99, can they charge this? • Billing Date:27/03/15 LOW105_230120 497503_ MACHINE \ 116\247 \ lof2 \ Airtime Debt is for the services used and the Early Termination Fee is calculated to reflect the remaining months of your contract which remain unpaid from the date of your account closure. We have requested from BT PLC a copy of the statements for the account to help clarify this matter for you. We will write to you further once we have received this documentation and in the meantime your account is on hold.   I obtain the SAR. it is attached: this is all they hold. 1. Can you explain the implications of the response  and the SAR as far as Lowell being able to collect the debt?   2. I responded to Lowell with this letter: Lowell Financial Ltd. 4875 Dear Sir: I write to you in response to your letter of 23 January 2020. Insofar that a relationship may have existed between myself and BT I cannot recall this account (Agreement) and request that you supply me with a copy of the Account/Agreement and other documents listed in the bullet points of your response. I  deny any breach  of the purported agreement. You have failed to supply me with a copy of the agreement requested . I have never received any evidence that you are the legal owner of the debt, by assignment, sale and purchase agreement or otherwise. I have never received and am unaware of any legal notice of assignment or Notice of Assignment pursuant to Law and property Act 1925 Section 136(1). This document is not referenced in your response. I deny that I have failed  to maintain the required payments to BT. It is denied that I have failed to respond to demands for payment sent by you and/or its agents. Lowell is put to strict proof that any such demands have been sent to me by you. a). Lowell appears to  admit it is the assignee of a debt, it is denied that the Lowell has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act 1925.  b). It is further denied any funds are due Lowell  because the Lowell appears to have sold this debt to another firm in 2019.  Lowell must therefore show how it has legal right, either under statue or equity to collect this sum from me. I  deny owing any money to Lowell  and you are required to produce evidence to support your claims that this sum is in default, due and owning this includes: a. Show how the I  entered into an Agreement. b. Show how I  have reached the amount claimed for. c. Show that I  failed to maintain the required payments and the service was terminated as claimed. d. Show that the statute of limitations on this alleged debt has not passed. 7. As per Civil Procedure Rule 16.5(4) it is expected that Lowell must  prove the allegations that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed in its response letter.  8. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to consider the fact that the provider no longer has to provide and pay for their service.  You state that the balance due includes £241.99. You must remove this from any collection efforts, and I dispute that this and all other balances are owed by me. 9. Show that I was residing at Flat 4 3 Kempsford Gardens on the alleged defaulted date of 27/08/2015 or any other date after 16/12/2014.  Alternatively remove any debt you allege is owed  because back billing and billing for unused services is not allowed. 10. Please explain Lowell reporting to the credit bureaus that the debt outstanding to BT is £674. The account number concerning 3 Kempsford Gardens Flat 4 which I hold is another account number which is BT xx7 start date is 15/07.2013. 11. The account number you claim is owed to you is an original account number BT xxx 07. You claim the start date on this account is 19/06/2014. Please explain the discrepancy between these two accounts including ownership of both accounts, and why there are two accounts you allege for the same address with different dates. Alternatively, if you have no explanation: You must cease and desist from collection activity including reporting to the credit bureaus, pre claim letters and any other forms of collection activity with immediate effect. Please write to me confirming that you will take no further action. Failing this I will file a counterclaim and ask the court for costs. Kind Regards      I received the email below last night: "I can see that we also hold the following account details for you:   Account Number Original Client Original Client Reference Current Balance XXX192 Orange xxx321 £285.91 XXX875 BT PLC xxx207 £499.93   I can see that the above BT PLC account is currently on hold, as we are requesting information from BT PLC directly.   1. how long does BT have to respond? the date of Lowell letter was 23rd of Jan. 2. if BT doesn't respond within that time frame, what can I do to get the account removed from the Credit reports? . 3. how can I get Lowell to stop collection if BT doesn't respond? what is also interesting is I have a letter from Lowell for the orange account and also a BT account, but the balance is £199.11 and the account number ends in 192. There are too many account numbers with different balances for the same address. any suggestions how I address this with Lowell?   Lowell writes:   "The period for recovering your Orange account by court action has expired. We will not be issuing court proceedings to enforce payment. However, your debt still exists and legally we are within our rights to continue to ask you for repayment. With this being said, this account does not look to have a payment arrangement set up as of yet. How would you like to proceed with this account going forward? If you can let us know then we can look to assist you further".   If the time has expired to collect a debt from orange, how do they have a right to collect? seems the SOL runs for both. how should I respond?   In the meantime, I have placed your Vodafone and Orange accounts on hold for the next 30 days to give you time to get back to us.   Can you give me some suggestions on how I unravel this and respond? Thank you.  SAR_BT.pdf
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kennythecelt

kennythecelt V Bank of Scotland Creditcare Bronze

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I am moving house shortly and in the process of clearing out and sending a lot of items to charity or skip.

 

I have a lot of correspondence from the financial institutions as I am now reluctant to throw anything out. In a prior life, I ignored correspondence from the banks, partly due to the scale of financial problems I had several years ago, which are now thankfully resolved. CAG gave me the courage to turn things around.

 

Any way, came across a personal loan agreement from 4 June 2003 for a consolidation/ reschedule personal loan agreement with bank of Scotland. Details are:

 

Advance £7,500

BOS Creditcare Bronze £2,301.75

Amount of Credit 9801.75

Total charge for credit £2466.45

 

Total amount payable £12,688.20

 

APR 8.9%.

 

I repaid the loan in full some time ago, not sure when yet. I have since been repaid bank charges for returned DD etc. The account was never in dispute nor was a default issued at any time. Thankfully credit record is A1 now.

 

I intend to reclaim this PPI and have today started the process off by handing the following letter to my branch. I will update as we go along.

 

I did not know of this PPI until the weekend and obviously was not counting on the money- its a bonus. Upon successful completion of this claim I will forward 20% to CAG as a contribution towards site costs. I can't contribute more as my daughter is off to University soon.

 

As I had a fair number of other loans, I will start the reclaim process to check what other PPI I might have been sold.

 

 

Bank of Scotland 23 August 2010

The Complaints Department

 

 

 

 

Dear Sir/Madam,

 

Ref: Agreement No: xxxxxxxxxxxxxxxxxx Mr and Mrs Kennythecelt

 

I believe I have been mis-sold a payment protection insurance policy (PPI) Creditcare Bronze, by you and I would like to request a full refund of my premiums, plus interest paid. This loan has since been repaid to you in full by me, before the due settlement date.

 

I do not believe being forced to buy this policy as part of the loan was a fair and reasonable obligation upon me as I did not need this insurance and I said at the time of taking the loan that I did not want it. I have only recently found out that I was mis-sold the PPI policy by you.

 

I took out a £7,500 loan on 4 June 2003 and was also sold a payment protection policy by you called Creditcare Bronze which cost me an extra £2301.75 over the life of the loan. You sold me this policy as a pre-requisite of providing the loan to me. I enclose a copy of the loan agreement for your information.

 

Please note that the reason you advanced me this loan, and I draw your attention to it again, it is noted as such on the attached loan agreement for "contra/ Consolidation/ reschedule". This means that you would be aware that I had financial difficulties at the time and could therfore not afford the luxury of a worthless Payment Protection Insurance policy paid up front with interest at 8.9% added for the privilege. You will also note the absurdly high number of bank charges that I was charged by you on my current account on a regular basis at this time which lends weight to my argument.

 

The policy was mis-sold to me because:

 

  • It was sold as a condition of the loan being made available to me.
  • I had pre existing medical conditions which would have meant that I would not have been able to make a claim for those conditions. In effect, the policy was useless to me.
  • I did not see the policy in advance of signing the agreement to make myself aware of its terms and conditions, as you did not make me aware of them. Indeed, I did not see any paperwork relating to the policy until a courier delivered my loan cheque to me.
  • There was no cooling off period for the insurance policy and I believe there should have been one and it should have been highlighted to me.
  • The policy was a lump sum prepaid policy and I had to pay you interest for that policy for the period of the loan. This was not explained to me. I was also not given the cheaper option of a monthly PPI policy, which would not have accrued interest over the duration of the policy and which would have been easier to cancel. It is not easy to cancel a prepaid policy as it is paid up front.
  • The monthly payments to you would have been considerably less and more manageable to me, if I was not sold the policy and related interest and instead sold a monthly policy.
  • I was not asked if I had other insurances/ policies or financial measures in place which could provide me with cover if I needed it or the means to repay the loan amount.
  • I was not offered a choice of market placed products, but directed to a policy which you provided me with. Presumably, you had a business interest for doing so and I would like to know what this was please.
  • You did not take steps to ensure that the policy was in my/ our best interests. You did not make a comparison of products for my individual circumstances.
  • You did not inform me that you would make commission from the sale of the policy to me or what the commission was. Can you please tell me commission you received.
  • At the time of entering into the agreement with you, I was employed by XXXXXXXX Council and my wife with XXXXXX City Council. You were aware of these facts as our salary was paid directly to my bank account with you on a monthly basis and indeed, the loan agreement notes that we are both employed in Local Authorities. In the event that we had an illness during the period of the loan and PPI policy, both my wife and I would have been provided with sickness pay for a 12 month period (6 months at full pay) which was better than the policy you provided me with.
  • At the time of the policy being sold to me, I was at no risk of redundancy as I was employed in local government. The only type of redundancy would have been voluntary and the terms of voluntary redundancy would have been very favourable and enough to repay the loan. Consequently the PPI policy you sold me as a condition of the loan was worthless.
  • I believe that you have recently reviewed your policy on sales of PPI due to recommendations from the Financial Ombudsman Service and the Financial Services Authority due to complaints about circumstances such as mine.
  • These policies were recommended to clients such as me by your sales staff who were on commission as part of their salary and conditions of service and I was not made aware of this by you or the salesperson, who I assumed to be a member of staff not motivated by sales with my best interest at heart.

I now respectfully ask that you investigate the selling of the policy to me and make arrangements for full repayment of the policy amount and all interest on the policy (at fixed rate of 8.9%) that I have paid to you until the loan was settled. In addition to that sum, I require interest at 8% on the above sum, from the date of the loan agreement and PPI until you settle this claim with me.

 

If I do not receive a favourable response from you I will pursue this claim through the Financial Ombudsman and I am prepared to seek legal redress, for which I would claim costs and time in full.

 

I understand that your complaints process takes 30 days and I expect this issue to be resolved within that time.

 

 

Yours sincerely

 

Mr and Mrs kennythecelt

Edited by kennythecelt
spelling

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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I found this policy summary relating to Creditcare Bronze as sold by Bank of Scotland dated from 2004. It may be handy for someone else in the future.

 

Bronze Creditcare (Summary Policy)

BoS Code PG

Final Version 1 7/9/04

This summary does not contain the full terms and conditions of the Insurance Contract. Full details of the terms,

conditions and exclusions of the Insurance Contract are contained in the Policy Document.

(1) This insurance is underwritten by St Andrew’s Life Assurance plc and St Andrew’s Insurance plc for a

detailed explanation about which company underwrites which element of cover please refer to the definition of ‘We,

Us, Our’ in Part 1 of the Policy ‘Meaning of Words Used’ for further details

(2) Payment Protection Insurance providing Life, Accident and Sickness Cover

(3) Significant Features & Benefits

Eligibility

To be eligible for cover you must be, first named on agreement, over 18 and under 65 at the end of the agreement in

employment or self employed and paying the correct class of National Insurance Contributions and a UK resident.

Life Insurance

We will pay the settlement figure if you die up to a maximum of £50,000.

Accident and Sickness Insurance

We will pay monthly benefit(s) up to a maximum of £1,500 per month if you are unable to work due to accident or

sickness. You will be eligible for a monthly benefit to be paid after you have been disabled for a continuous period of

15 days Further monthly benefits will become payable for each complete 30 days you are disabled up to a maximum of

12 payments in respect of any one claim. A maximum of 6 payments will be paid in respect of any back/spinal

condition.

(4) Significant Exclusions

Death resulting from a pre-existing or chronic medical condition.

Accident or sickness resulting from a pre-existing or chronic medical condition, mental or nervous disorders (e.g.

depression) or stress related conditions.

(5) Other exclusions

Other exclusions and limitations apply to this policy see the policy document Part 3 Benefits for full details.

(6) Duration & Termination

The policy will cover the term of your finance agreement up to a maximum of 120 months. Your cover will terminate at

the earliest of the following, your death, the date you reach the age of 65, when your loan has been repaid in full, the

repayment date or if you fall in arrears for 4 months.

(7) Claims

All matters relating to claims should be sent to:

Claims Management Department, PO Box 336, Esher, Surrey KT10 9WD Telephone 0870 9052149 Fax 01372

479451

(8) Complaints

All complaints relating to this policy should be referred to: Customer Liaison Manager, St Andrew's Group plc, St

Andrew’s House, Portsmouth Road, Esher, Surrey,KT10 9SA. Should you remain dissatisfied, short of court action,

you may approach the Financial Ombudsman Service who will undertake an independent and impartial review of your

complaint. The address and telephone number is Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall,

London E14 9SR Telephone 0845 080 1800. This does not affect any right of action you may have,

(9) Financial Services Compensation Scheme (FSCS)

The FSCS may assist you if we were, in some circumstances, unable to meet our liability to you. For claims against

insurance firms, the first £2,000 of an insurance claim or policy is covered in full, plus 90% of the balance. For further

details please contact the FSCS on 020 7892 7300 or enquiries@fscs.org.uk

YOUR RIGHTS TO CANCEL

You can cancel your cover within 30 days of receiving your policy. You will receive a full refund of any premium you

have paid provided that you have not made a claim. If you have made a claim then we will be entitled to retain an

amount of premium, which represents the amount of time that you have been covered by the Policy. If you do not

cancel your cover within 30 days, your cover will continue for the remaining period but if you subsequently cancel your

cover you may only be entitled to a partial refund of premiums. If you want to cancel your cover, please write to the

Customer Services Department, Premier House, City Road, Chester, CH88 3AN

Bronze Creditcare (Summary Policy)

BoS Code PG

Final Version 1 7/9/04

Other Important Information

This insurance is underwritten by St Andrew's Life Assurance plc (Registered No 3104670) (England)) and St Andrew's

Insurance plc (Registered No 3104671) (The Insurers) whose head and registered offices are at St Andrew's House,

Portsmouth Road, Esher, Surrey, KT10 9SA. The main business of the Insurers is underwriting insurance risk, claims

administration and claims settlement.

St Andrew’s Life Assurance plc, and St Andrew’s Insurance plc are authorised and regulated by the Financial Services

Authority. You can check this on the FSA register by visiting the FSA website www.fsa.gov.uk/register or by contacting

the FSA on 0845 606 1234.

You incur no additional costs by arranging your insurance by this method.

English law will apply to the negotiations that take place prior to the conclusion of your insurance contract.

The terms and conditions of your policy and the information provided in this document will be provided in English,

during the term of your policy we will communicate using the English Language.

BoS Code PG

Final Version 1 7/9/04


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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These are the pre existing medical conditions which are referred to in the policy summary:

 

 

"(4) Significant Exclusions

Death resulting from a pre-existing or chronic medical condition.

Accident or sickness resulting from a pre-existing or chronic medical condition, mental or nervous disorders (e.g.

depression) or stress related conditions."

Edited by kennythecelt

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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BBC re PPI 10/08/10

 

http://www.bbc.co.uk/news/business-10926704

 

"Two and three quarter million people could be refunded as much as £2.7bn for being mis-sold Payment Protection Insurance (PPI).

The Financial Services Authority (FSA) has given banks and other lenders until 1 December to adopt new rules for dealing with PPI complaints.

The FSA said that over five years it had found "wide and deep evidence of weaknesses in PPI sales".

PPI insures people's loan re-payments if they fall ill or lose their jobs.

The FSA expects its new rules to force the financial services industry to deal with about 550,000 complaints a year for the next five years.

Average compensation will vary from £900 for those who were mis-sold about regular-premium PPI policies to £1,800 for those mis-sold single-premium policies. "


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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From the Finacial Services Authority web site re PPI

 

http://www.fsa.gov.uk/pages/Library/Policy/Policy/2010/10_12.shtml

 

The assessment and redress of Payment Protection Insurance complaints:

 

10 August 2010

This Policy Statement PS10/12 reports on the further consultation in CP10/6 and final Handbook text.

Introductory documents

 

Newsletter [ PDF ]

Press release [ PDF ]

FSA confirms measures to reform PPI market and protect consumers

Policy Statement

 

PS10/12: [ PDF ]

The assessment and redress of Payment Protection Insurance complaints: Feedback on the further consultation in CP10/6 and final Handbook text.

 

Other relevant information

 

CP10/6: (March 2010)

The assessment and redress of payment protection insurance complaints; feedback on CP 09/23 and further consultation.

 

FSA Handbook


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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The following policy handbook sets out the FSA's intentions.

 

http://www.fsa.gov.uk/pubs/policy/ps10_12.pdf

 

Note the following common failures:

 

 

 

COMMON TYPES OF FAILINGS IN PPI SALES

General failings in the conduct of the sale

1. The firm:

 

·

pressured the customer into taking a payment protection policy; or

·

assumed the customer would want the payment protection policy from the outset (e.g. by

automatically including it in a loan quotation); or

·

led the consumer to believe that the payment protection policy had to be taken in order to

obtain the loan (or other goods or services) or would improve his prospects of doing so; or

·

made the sale without the customer’s explicit agreement to purchase the payment protection

policy; or

·

did not disclose to the customer, in good time before the sale was concluded, and in a way that

was clear, fair and not misleading, that:

the payment protection policy was optional; or

the purchase of the payment protection policy involved the purchase of an insurance policy.

2. The firm did not disclose to the customer, in a way that was clear, fair and not misleading, the duration of the cooling-off period or that the customer could cancel the policy within the cooling off period in good time before the conclusion of the sale (and under ICOBS did not also disclose that cancellation during the cooling-off period is without penalty).

3. The firm did not explain whether it was selling on an advised or non-advised basis.

4. The firm did not provide the written documents required under the FSA’s rules (such as, for example, a policy summary, statement of price, or statement of demands and needs) and, where relevant, did not stress to the customer the importance of reading the material.

5. The firm provided misleading or inaccurate information about the policy.

Failings around eligibility, exclusions and limitations

 

6. The firm did not take reasonable steps to ensure the customer only bought a policy for which he was eligible to claim benefits.

7. While arranging the policy, the firm was aware (or ought reasonably to have been aware) that parts of the cover did not apply but did not so disclose to the customer, in good time before the sale was concluded, and in a way that was clear, fair and not misleading.

8. The firm did not disclose to the customer, in good time before the sale was concluded, and in a way that was clear, fair and not misleading, the significant exclusions and limitations that would tend to affect the decisions of customers generally to buy the policy.

 

Failings specific to non-advised sales

 

9. Where seeking to sell on a non-advised basis, the firm:

·

failed to make it clear it was only providing information on the policy; or

·

gave advice to the customer regarding the policy (e.g. expressed an opinion on the merits of

buying the policy).

Failings specific to advised sales

 

10. The firm advised on a policy without:

·

taking reasonable steps to properly establish the customer’s demands and needs; for example, not seeking information from the customer on:

existing means the customer already had of protecting the loan (including existing insurance, benefits from employer, and assets such as savings and investments); any

pre-existing medical conditions which might be excluded under the policy; whether

the policy would be affordable in light of the customer’s income and outgoings; and

whether the customer’s circumstances were likely to change; or

(for single premium policies) whether there was a prospect that the customer would repay or refinance the loan before the end of the term of the policy; or

·

taking reasonable care to ensure that the policy was suitable for the customer’s demands and needs taking into account all relevant factors, including level of cover, cost, and

relevant exclusions, excesses, limitations and conditions.

3

11. The firm advised on a policy without disclosing to the customer, in good time before the sale

was concluded, and in a way that was clear, fair and not misleading:

·

that any of the customer’s demands and needs would not be met; or

·

that a part of the cover did not meet a demand or need; or

·

any exclusions and limitations which were particularly relevant to that individual customer.

Failings around price disclosure

 

12. The firm did not disclose to the customer, in good time before the sale was concluded, and in a way that was clear, fair and not misleading:

·

the total (not just monthly) cost of the policy separately from any other prices (or the basis for calculating it so that the customer could verify it) and, for sales of regular premium policies, this included providing the total cost of the premiums; or

·

(for a policy of over one year with reviewable premiums) the period for which the quoted

premium was valid, and the timing of premium reviews; or

·

(for sales under ICOBS) price information calculated in a way to enable the customer to

relate it to a regular budget.

Additional failings specific to single premium policy sales

 

13. The firm sold the customer a policy where the total cost of the policy (including any interest paid on the premium) would exceed the benefits payable under the policy (other than benefits payable under life cover).

 

14. The firm failed to disclose to the customer, in good time before the sale was concluded, and in a way that was clear, fair and not misleading:

·

that the premium would be added to the amount provided under the credit agreement, that interest would be payable on it and the amount of that interest; or

·

that the term of the cover was shorter than the term of the credit agreement and the consequences of such mismatch.

15. The firm failed to disclose to the customer, in good time before the sale was concluded, and in a way that was clear, fair and not misleading, that the customer would not receive a pro-rata refund if the customer were to repay or refinance the loan or otherwise cancel the single premium policy after the cooling-off period.*

* This applies wherever the disclosure was likely to be relevant to the customer. We have made clear in the past “firms should consider whether they must draw the refund term to the customer's attention as a significant limitation of the policy in the policy summary". In our view, a firm properly considering the issue would have concluded that it must disclose whenever it was likely to be relevant to the customer, for example, because there was a prospect that the customer would repay or refinance the loan before the end of the term of the policy. When considering

whether disclosure should have been provided, the firm should take into account both available information on the general behaviour of customers, and information of which the firm was aware (or ought reasonably to have been aware) about the particular customer.

 

Face-to-face and telephone sales – clear, fair and not misleading communication

 

The Principles require firms to pay due regard to a customer’s information needs and

communicate information to the customer in all situations in a way that is clear, fair and not misleading. In sales primarily conducted orally, it was not enough just to provide important information in writing. So, we have found it to be a failing where there was not a fair presentation of the information during the sales discussion, by, for example:

giving an oral explanation; or

specifically drawing the customer’s attention to the information on a computer screen or in a

document and giving the customer time to read and consider it. In addition, the requirement to pay due regard to a customer’s information needs and communicate information in a clear, fair and not misleading way required the firm to provide

balanced information when making reference to a policy’s main characteristics (whether orally or in writing). So, we have found it to be a failing if, where the firm described the benefits of the policy orally, it did not also provide an adequate description of the corresponding limitations and exclusions in a way that was clear, fair and not misleading, for example orally. Further, ICOBS requires that, if a firm provides information orally during a sales dialogue with a customer on a main characteristic of a policy, it must do so for all the policy's main characteristics.

Edited by kennythecelt
pagination

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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FSA advice to folk who have been missold PPI:

 

http://www.fsa.gov.uk/pages/consumerinformation/product_news/insurance/payment_protection_insurance_/reform_ppi_market/index.shtml

 

 

 

 

 

 

Reform of PPI market to protect consumers and tackle complaints handling

 

 

 

 

Related information

 

 

Our PPI policy statement

How to make a complaint

Our PPI consultation (9 March 2010)

 

Related links

 

PPI on Moneymadeclear

 

Find out what PPI covers, its main features and when to consider buying it

 

Financial Ombudsman Service (FOS)

 

The independent service for resolving disputes between consumers and financial

firms

 

PPI Factsheet from the FOS

 

 

 

New measures around the payment protection insurance (PPI) market will ensure customers are treated more fairly when complaining about the product and when buying a policy.

 

Consumers that have bought or are buying PPI – which covers loan or debt repayments if you are not able to work due to accident, sickness or loss of employment – will be better protected under the changes, while firms will have to improve their handling of complaints.

 

 

The rules and guidance:

  • oblige firms to handle complaints properly and offer redress where appropriate;
  • require firms to analyse past complaints to identify if there are serious flaws in sales practices that may have affected complainants and even non-complainants; and
  • set out common sales failings to help firms identify bad practice when selling PPI and handling complaints.

The measures must be implemented by 1 December 2010, with the time until then used to update systems and procedures, and meet any resourcing or staff training needs.

Fairness failings

 

Dan Waters, director of conduct risk, said: ‘This remedy is fair to consumers and the industry alike.

‘The onus is now on the industry to ensure it treats all customers fairly. We will be monitoring the implementation of our guidance closely to ensure real change is delivered.’

Since we took over the regulation of PPI in 2005 we have taken action against 24 firms for failings in PPI sales, with fines totalling nearly £13m.

We have also focused on complaints handling procedures. Firms on average reject almost half of the PPI complaints they receive, but some reject nearly all, according to figures we received from 18 major sellers of PPI.

Nearly a third of rejected complainants go on to the Financial Ombudsman Service (FOS), where more than 80% are overturned in the consumer’s favour.

 

What to do if you have a complaint

 

If you have a complaint about the PPI you have been sold, you should first complain to the firm that sold you the policy, to give them a chance to put things right. If your complaint is about a claim, you should complain to the insurance company.

If you have already complained but are not happy with the outcome or how your case has been handled you may be able to take the complaint to the FOS.

The new measures for the PPI market were published in our Policy Statement and follow up on our commitment to reform the market and build on the agreement we secured from the industry in 2009 to stop selling single premium PPI on unsecured personal loans.


Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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Good luck with that, Kenny.

It's something I've never really looked into myself, maybe I should.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thanks Scott

 

I'm the same- pointed plenty of people in that direction but never did it myself. It was not until it was staring me in the face, as I had a mountain of paperwork to sort through.

 

I am going to start the SAR process with HBOS (oh no, not that again!!), as there will be other PPI policies, of that there is no doubt.

Edited by kennythecelt

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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RESULT: SUCCESS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

 

UPDATE- VICTORY!!!!!!!!!!!!!!

 

 

 

ANOTHER ONE BITES THE DUST!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

 

 

Today I received a telephone call in relation to my PPI request from HBOS (based on an earlier post, above) which asked me to confirm security details ie DOB and post code (for claimants knowledge of procedure- i hate it when they phone me about MY account and ask me to confirm my details,................... but. there you go!!).

 

 

Today, I was phoned by Halifax/ Bank of Scotland/ HBOS and I was offered a refund of £3,817 in settlement of my claim. I have accepted verbally my claim subject to confirmation in writing from them.

 

HBOS confirmed my offer verbally and said subject to 8%.Is this correct????? (I have not checked the figure, perhaps someone else will- crap at spreadsheet calculations!!).

 

I was asked for details for the cheque to be paid to me- which will be in our joint names- MY WIFE IS MORE IMPORTANT THEN ME!!!!!!!!!!!!.

 

 

This is important for all PPI Claimants:

 

 

My reclaim PPI lettter to HBOS/ BOSW/ BOS, only submitted on 23 August 2010 has produced results only 8 days later!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

 

 

That's only EIGHT (8) DAYS for a PPI Payout- IS THIS A RECORD???????????????????????????????????????????????????????????????????????????

 

 

Use the letter above and delete or amend as appropriate. This is for illustration purposes only.

 

 

 

If your circumstances are similar to mine, for HBOS group of companies only, please amend the above process, to allow for your own circumstances.

 

 

The above is offered to help Consumer Action (CAG) members only and other readers of CAG above to help other claimants on CAG, Consumer Action Group - the beszt best place ever!!!!!! .

 

I had absolutely no account details of other accounts- even though I have isssued several SAR requests to HBOS and was not even aware of PPI on another account). Today , I was also told that they have also investigated another loan,from 2001 ??, which had PPI- 9 YEARS AGO. They have also confirmed that they will refund an additional £1,500, plus 8% interest- what does that equate to?????)

 

Apparently, this "additional" account relates to a consolidation loan (no surprise there, are there any more??!!), (check my previous posts to see what the bank charge position was).

 

Of note to all PPI Claimants- get it back!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! CLAIM NOW!!!!!!!!!!!!!

 

 

I have said above and confirm today that I will donate CAG 20 % of my refund once its in my account. Please do the same!!!!!!!!!!!!!!!!!!!!!!!!

Edited by kennythecelt

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

kennythecelt@consumeractiongroup.co.uk.

 

 

 

Thankyou Kennythecelt:)

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well done mate, I have a similar claim in with MBNA all I am getting from them is letters stating my claim will be resolved in 4 weeks, I have had two now so eight weeks later.............

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Superb stuff, Kenny, well done.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Well done kenny, glad things are going your way. Great news .. .


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Very well done kenny super quick result huh....

Good result saturday as well hehe

patrickq1


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Hi Kenny,

 

I appreciate your post was a while back now, but I came across it as I'm in a very similar situation.

 

 

I took out a loan with Sainsbury's bank back in 2003,

 

 

along with the dreaded Creditcare Bronze and our stories are pretty much identical.

 

 

I am going to pursue making a claim, but I just wondered

 

 

- when you wrote to them did you also include a completed PPI questionaire form to go with your letter?

 

Any feedback would be very much appreciated

 

Many thanks

David

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you need to start a new thread

 

 

of your own

 

 

ideally you should always include a copy of the FOS CQ

 

 

an if possible a spreadsheet.

 

 

dx


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

 

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