Shop Direct - help with Extra Care 500 & Extra Care Advantage reclaiming POC

[TheDude1]

Ok, I am happy with the POC.

 

Just need advice with the Claim form... In the value section... Am I on the right track here?

 

Payment Protection Insurance premiums paid £186.47.

Compound Interest £68.84.

Interest under s69 of the county court Act 1984 of £78.41 and also interest at the same rate up to the date of judgment/settlement at a daily rate of £0.05. TOTAL £306.64

Thanks

 

(fiquires are examples, ignore calcs)

Edited June 27, 2012 by TheDude1

[citizenB]

Have sent an S.O.S. for more opinions for you.

[TheDude1]

Thanks citizenB.

 

Basically I need confirmation on the following:

 

For example,

First PPI payment on the 01/01/2006.

Account was closed 30/06/2008.

 

Claim total premiums back

Claim compound interest (at lenders rate) from 01/01/2006 to 30/06/2008.

Claim 8% S69 from 31/06/2008 to date of issue.

 

Cheers

[MARTIN3030]

Claim 8% S69 from 31/06/2008 to date of issue.

 

Should be to judgment

[TheDude1]

Claim 8% S69 from 31/06/2008 to date of issue.

 

Should be to judgment

 

Thanks, I have worded it like this...seems to be correct!

 

"Interest under s69 of the county court Act 1984 of £69.78 and also interest at the same rate up to the date of judgment/settlement at a daily rate of £0.05"

[MARTIN3030]

yes better.

[TheDude1]

Nice! Cheers

 

It's only a small claim (£250+) but nevertheless all helps (if I win)

[TheDude1]

Hi

I have sent 2 non-compliance letters, the first one was in the time-frame of SAR request (shortly after posting this thread).

Another non-compliance/letter before action sent last week.

 

I have not heard anything from them. And looks like I need the help off the Court!

[ims21]

OK so if you have done the LBA, how long did you give them to respond because you said that you sent it last week?

[TheDude1]

OK so if you have done the LBA, how long did you give them to respond because you said that you sent it last week?

 

Hi ims, sorry letter was sent on the 26/06, signed for on the 28/06 - Sorry I got my dates wrong. Yes, I give them 7 days before court action, so basically a week today I am free to issue

[ims21]

Ok so yes, you are free to issue when the time is up.

 

Beginning to look like court may be your only option.

[TheDude1]

Thanks ims, yes they are quite ignorant!

 

The claim is on behalf of my 85yr old gran !! I'm not sure which way to proceed now.

I know there is PPI premiums paid, and I also know it was mis-sold to an 80 year old.

 

I'm thinking perhaps it would be best to go the FOS route on this one? Then again, I know FOS is slow and would prefer court route, but only if I could represent my gran then I'll be up for it !!!

[ims21]

I think that you could attend with her but you wouldn't be allowed to act for her.

 

To avoid the stress to your gran then fos might be a better route for you.

 

It may be that due to her age and the stress this is causing her they may look at it quicker than normal for you. Worth a try.

[TheDude1]

Great, thanks for your help ims! Yes, it makes sense

 

I will download the questionaire and get it sent off asap!

Cheers pal

[ims21]

Hang on a mo.

 

You haven't yet put in a claim for PPI with the lender from what I can see.

 

That would be your first step for the PPI claim but at the moment you can't quantify the amount because the SAR has not been complied with. So complete the questionnaire and send it to the lender and they will have 8 weeks before you can pass it to fos.

 

Now with the non compliance with the SAR, it is the Information Commissioner's Office that you lodge a complaint with. Again tell them of your gran's circumstances and that you cannot move forward with your problem until the lender complies with the DPA and you would request their assistance in forcing compliance.

[TheDude1]

Thanks ims!

 

Your are correct - No claim for ppi has ever been sent to the lender.

 

You are correct with the SAR also, I do not have individual amounts, only 'total paid to date' amount.

 

When you say complete questionaire....Ambrose Wilson have never sent my gran a questionaire. In fact, in one of their letters they deny insurance was ever applied to the account! (Which is a lie).

 

So I have no questionaire to complete, should I just proceed with the ICO complaint?

Thanks

[ims21]

Sorry...we are confused.

 

On the fos website there is a consumer ppi questionnaire....its on this page

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

download it and complete it and then send it to the catalogue company with a brief covering letter saying here's my complaint documents, give me my money back. Make sure you keep copies for yourself.

 

The ICO is the one for the non compliance of SAR complaint.

[TheDude1]

Sorry, I confused it all and myself

 

Ok, I will do that ppi questionaire and send to lender! (I was just unaware the same questionaire can be used to send to lender, thats what confused me!)

 

I know the ICO is mainly for DPA problems. And I assume the ICO will not be required at all now due to it either being settled by lender or by FOS?

 

Thanks again mate

[ims21]

The fos questionnaire always goes to the lender first. If you get a negative response then copies of what has gone to the lender go to fos. You only need to complete it once

 

I would still lodge a formal complaint with the ICO to get them to force the release of SAR data.

 

Don't forget, the PPI claim and the SAR disclosure are two separate things.

 

Don't worry...we'll get there

[TheDude1]

hehe, thanks again for your help, ok I will get questionaire off tomorrow and complain to the ICO.

 

I will keep you informed !

Cheers

[geordieman]

TheDude1 ... any updates re this?

[TheDude1]

TheDude1 ... any updates re this?

 

Hi mate,

prelim & lba were sent a few weeks ago, they are looking into it and have stated to give them 8 weeks, which will be roughly end of august.

 

But I don't hold much hope of them 'sorting it' and giving me a refund... To which I will issue a claim!

 

[TheDude1]

Hi

Just an update!

 

I sent the FOS questionnaire to Ambrose Wilson about 2 months ago.

This week my gran received the cheque!

 

However, it appears they have only refunded the premiums paid and not included any interest. I'll see my gran soon to get the actual figures to confirm this.