HSBC PPi claim advice needed

[NoMMrNG]

Hello Forum,

 

My first post so please be gentle

 

I'm in the process of claiming PPI applied to personal loan taken in 2005.

 

SAR request send to bank (HSBC) on the 21/04 and in the meantime I phoned the bank to complain about mis-sold policy. Bank replied to my complain last Friday in writing stating they will look into the matter and requested to fill attached questionnaire and send it back to them.

 

This is where I need your advice...

 

Do I now wait for them to 'investigate' or do I send the letter to the bank together with the questionnaire requesting full refund and if yes are there any template letters I could use?

 

Secondly I expect the bank to tell me get lost after sending the prem letter so can I find any guidance on preparing the Court papers on forum pages?

 

Any help will be greatly appreciated.

 

Thanks,

Greg

[ims21]

Hi there

 

Welcome to CAG.

 

The questionnaire is part of their internal investigation. Fill it in and send it off to them with a simple letter stating why you think you were mis-sold and requesting a full refund.

 

You never know, you might be lucky and they cough up.

 

If not, the SAR will give you all the information to prepare your claim.

 

In the meantime, have a look around the ppi forum and the rest of the site. Do a lot of reading. There is a great deal of info here which will help you.

 

Keep your thread updated and you will get help when you need it.

 

Good luck with your claim

 

ims

[dx100uk]

i'd actually download and fill in the one on the FOS website

as well as read some of the very imformative PDF's there.

 

fire that off and then HSBC will know you mean business.

 

dx

[NoMMrNG]

thanks to both of you, I'll get it going and keep the post updated

[bilious]

Quick question i don't want to put my phone numbers down as i removed them from their systems when i was having trouble with them do i have to fill those in cos i don't want them passing my numbers on they can have my email addy would that be okay???

[dx100uk]

only fill in what you want too

 

its not compulsory.

 

dx

[NoMMrNG]

advice needed please...

 

I was just about to send 'letter before action' when a letter from HSBC arrived stating they are working on resolving the issue and will get back to me in the next 16 weeks.

 

should I wait or proceed with lba?

 

please advice.

 

thanks,

g

[ims21]

Hi

 

16 weeks is the amount of time the FSA has given to look at PPI complaints before they can be referred to fos. If you are going the fos route, they won't accept your case until the 16 weeks has passed and/or you have the final decision from the bank.

 

If you are going the court route then you can set your own timescales.

 

Have a look at the ppi successes and the wins in court Stickies as this may help you with your decision.

 

What is the amount of your claim?

 

ims

[NoMMrNG]

thanks ims,

 

my claim is for fraction over 2.5k and I was aiming to go via the court route.

 

greg

[ims21]

Hi greg

 

Ok so you can do a prelim letter demanding refund in 14 days. They of course won't pay (unless they break with tradition) and will give you the 16 week tosh.

 

After 14 days its 14 day lba and then if still no payment issue in court.

 

ims

[NoMMrNG]

prem letter was sent to them on 09/06, lba now in the post

 

knowing the way they operate I'll be surprised to see any positive response before I go the court route; but I hope they will surprise me

 

thanks very much for all your help so far

g

[Derwent]

Don't expect a quick response from HSBC, my claim has been with them since October 2010 and they are still 'investigating' it.

[ims21]

Don't expect a quick response from HSBC, my claim has been with them since October 2010 and they are still 'investigating' it.

 

Hi Derwent

 

What is the value of your claim?

 

Have you considered taking them to court?

 

ims

[Derwent]

Its for £2,870 plus interest. I don't want to take them to court for the simple reason that I have some arrears on a credit card with them and they may reciprocate !

[ims21]

Its for £2,870 plus interest. I don't want to take them to court for the simple reason that I have some arrears on a credit card with them and they may reciprocate !

 

And I take it you still want that card? If its in arrears are they still allowing you to use it then?

 

If there are arrears on the card I guess there will be late payment fees on that which could come back to you.

 

ims

[NoMMrNG]

just a quick update...

 

no communication from HSBC since lba (sent 21 days ago)

 

court claim submitted on 21/07, issued on 22/07

 

g

[NoMMrNG]

latest...

 

HSBC Bank Plc issued an acknowledgment of service

 

g

[NoMMrNG]

hi,

 

looks like hsbc is gearing up to defend my case

 

attached is the scan of the letter I've received today

 

can someone PLEASE advise me the best way to proceed/respond

 

my points in relation to the letter...

 

1) both loans and ppi's arranged over the phone long time ago so no names in my memory; in a way I was hoping that SAR and CD that arrived with it will contain those conversations but no joy, only few recent calls related to everyday banking

 

2) apart from going over the application process I was told that my application will not be successfully unless PPI was purchased (ground for my claim)

 

3) I've been given 'Personal and Graduate Loan Protection Plan' - information pack and 'Personal and Graduate Loan Protection Plan' - policy document and finally 'Demands, Needs and Recommendations: Personal Lending Protection' where you tick number of boxes and sign at the end

 

4) I did

 

5) there was no other way, if I didn't check a box I wouldn't get a loan, simple

 

Please can you help.

 

g

[dx100uk]

it will all be in my POC sir

 

bugger off no peeking till you get it.

 

dx

[ims21]

it will all be in my POC sir

 

bugger off no peeking till you get it.

 

dx

 

Yep I agree

 

Don't play your hand in advance.

 

Methinks you have them verily on the back foot

 

ims

[NoMMrNG]

thanks for coming back to me folks!

 

just checked my MCOL claim status and HSBC issued a defence on 19/08/2011 with transfer to my local court

 

what do I do now, wait? and how about their request for my calculation? Shall I respond to their last letter in any way?

 

gotta say I'm getting a bit nervous

[ims21]

Hi

 

Wait until you receive their defence. No need to contact them at this time.

 

ims

[NoMMrNG]

received bank defence today, and here are the main points (quite few in fact)

---------------------------------------------------------------------------------------------------

 

1) the POC are lacking in particularity and incomplete

 

2) the claimant has failed to identify in any proper detail all the matters relating to the loan agreements or PPI policies he alleges give rise to this claim

 

3) further, and without limitation, the claimant has failed to identify: a) the precise duties he alleges he was owed b) any or any proper details of how it is alleged that the defendant breached those duties c) how the sum claimed has been calculated

 

4) The defendant intends to defend the claim.

 

5) furthermore, in connection to loan agreements, it is admitted that the claimant purchased PPI at the time he entered into them. in so far as it is relevant, it is averred that the PPI policies provided to the Claimant was optional and the claimant was free to enter into policies or not. the application form for the loans included a section to be signed by the customer to indicate whether or not they wished to purchase PPI. it is further averred that the Defendant would not not have provided the Claimant with optional PPI cover unless he had signed that section. It is specifically denied that the Defendant, it's employees or agents would ever indicate to customers that PPI was a compulsory product. This allegation is incorrect and misguided notwithstanding the lack of particularisation. The Defendant avers that it had strict rules and procedures in place for arranging personal loans and it's terms and conditions were clear, fair and not misleading.

 

6) in so far it is relevant to his claim, the Claimant is put to strict proof to show he did not sign for PPI and that he did not consent to purchase it. In any event, he was entitled to cancel coverage during a 30 day cooling off period. he did not do so and continued to pay for it under loans were completed

 

7) The Defendant will rely on the full force and the effect of the terms and conditions of the Agreements and the optional PPI that Claimant opted to purchase.

 

8) the Defendant will say that at the time of entering into the Agreements the Claimant would have been provided with all relevant terms and conditions of his loans and the respective optional payment protection policy

 

----------------------------------------------------------------------------------------------------------

 

I still have the will to fight this claim but I really need your help now...

 

should I now respond to last letter received from the bank?

can I add more details to POC and send it together with the Allocation Questionnaire?

can my calculation be attached to AQ?

and what about points 5, 6, 7 and 8

 

anyone?

[NoMMrNG]

I think I've made a fundamental mistake of providing my POC using MCOL website and not in full with N1 form

 

I have until 05/09 to fill and return my AQ.

 

Is there any way I can at this stage apply for amendment to POC and if yes, how do I go about that?

 

please advice

[ims21]

Hi

 

The legals are outside my experience but if you hit the black triangle and report your post you can leave the team a message asking for one of the more legal minded to have a look at this for you.

 

Regards

 

ims