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    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
    • It converts a forthwith to monthly payment which is set to suit your finances...so if £5 a month so be it...rubber stamped by the court....if you try to negotiate direct ...which it sounds thats what your doing.....they can alter it whenever they feel like it and if you dont comply can execute the judgment...but not if you submit an N245 as advised.   But hey what do we know ? 
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Hi all,

 

After struggling for months to obtain amounts associated to six different PPI products with HSBC, I am after some advise.

 

The first thing is, do I treat each of these as individual claims, or can I combine as one claim for the total amount?

 

Thanks in advance.

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111 views and no input....is there a specific PPI forum or such like I should be asking this in?

 

Thanks,

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Thread moved to the PPI forum.

 

Were these loans or credit cards?

 

For loans that were refinanced by another loan, you can treat it as one claim and put all loans on one fos questionnaire.

 

Some more detail on these six products would be useful.


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Basically, HSBC have given me a big big run around for a number of months:

 

-I managed to obtain from them that there was a total of 6 PPI products on loans sold since 2001.

-From this I wrote several times requesting SAR, full transaction details of each account etc.

-They have failed to give an actual breakdown of each account

- But, I have just received a "summary", outlining the amount of PPI paid on the 6 loan products, they also returned my £10 fee!

 

Because of the lack of my own records, and information from HSBC themselves, I am unsure which of these have been refinanced etc. So really I should treat these as 6 separate claims?

 

Also, is there a limit in time that a claim can be made, e.g can a product from 2001 be claimed upon?

 

Thanks in advance.

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Ok so they sent your £10 back.

 

What did they say in the letter they sent when they gave you your £10 back?

 

Did your SAR request ALL data they held on you?

 

If you are unsure as to whether they have been refinanced then your only option is to start by treating them as separate claims.

 

There is no time limit as such for PPI claims.


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1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

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3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

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Thanks for your reply!

 

Apparently- "" the loan agreements and PPI related documentation are not held electronically or in a relevant manual filing system i.e in files referenced with my name or account details, and is therefore outside of the scope of data protection act 1998. ""

 

Not sure how much to read into that. I mean, for each account I have:

 

"PPI ammounting £xxx was added to the loan of £xxxx on xx/xx/xxxx. The loan term was xx months with an APR of x.x%.Please note that £xxx of PPi was refunded when the product was cancelled on xx/xx/xxxx".

 

So I have a summary of total PPI paid for each account, do I need anything else? I cant see that I do in terms of financial figures?

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OK so the best you can do is complete a fos consumer questionnaire for each loan and submit them with a brief covering letter.

 

If you don't have a record of the payments actually made on the loans then you won't be able to work out what the refund should be so you will be taking their word for it if and when they make an offer.

 

The fos consumer questionnaire can be downloaded from here

 

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


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1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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Hi,

 

Would the refund not be based on the overall figure they have supplied, i.e the total PPI paid per loan? But yes, I am taking their word that this is what was actually paid.

 

Is it correct/true that they wont have copies of all transactions? If so, how the hell did they come up with the figures they have sent me?!

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Ok, to clarify my position and understanding (based on recent forum reading):

 

1) I have six PPI products based on personal loans

2) For each product I have a total amount of PPI

3) For each product I will make a single claim, based on the total amount of PPI paid, plus the standard 8% on just that total.

 

Does this sound reasonable?

I understand that if I delve deeper, then ultimately I will have a larger claim since interest would be based on individual payments rather than an overall figure at the the final date; but the current total claim amount would be sufficient for me to be happy.

 

Any input welcome!!

 

Thanks in advance, this forum really is a gem!

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Hi

 

The principle of redress on a loan account is that you get back and payments you have made towards the premium plus the contractual interest paid in respect of those payments. In addition you get 8% simple interest on each payment made running from the date of payment to the date of settlement of the claim.

 

With a single premium policy, the amount of the premium is added to the loan and you pay for it over the lifetime of loan. If a loan is settled early then a rebate of PPI should be given since the overall premium is reduced because the insurable risk no longer exists. However, the rebates given are not normally correct and there is usually and overpayment of PPI at the point of settlement which also should come back to you. This will also attract 8% interest as above.

 

Banks are required to hold on to data for six years after the account was closed but we do know that they keep records for a lot longer and when they have been pressed, data suddenly appears which they have previously said they do not hold.

 

If you feel that you have not received all of the data you are entitled to under a SAR then you could send them the failed SAR letter from the CAG library. It has been the case where some have had to threaten legal action to force the bank to release their data. The other thing is to lodge a complaint with the Information Commissioner's Office (ICO).

 

In the meantime you could just file your is-selling complaints as explained earlier and then chase the data after submission of your claim. You don't need to submit any figures with your claim although you might like to attach a copy of the document you received outlining the products and the PPI amounts.


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1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

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3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Ok, to clarify my position and understanding (based on recent forum reading):

 

1) I have six PPI products based on personal loans

2) For each product I have a total amount of PPI

3) For each product I will make a single claim, based on the total amount of PPI paid, plus the standard 8% on just that total.

 

Does this sound reasonable?

I understand that if I delve deeper, then ultimately I will have a larger claim since interest would be based on individual payments rather than an overall figure at the the final date; but the current total claim amount would be sufficient for me to be happy.

 

Any input welcome!!

 

Thanks in advance, this forum really is a gem!

 

What is it that you actually think has been done wrong, by who and when?

 

Without this info anyone trying to assist is stabbing in the dark a to some extent.

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Hi

 

The principle of redress on a loan account is that you get back and payments you have made towards the premium plus the contractual interest paid in respect of those payments. In addition you get 8% simple interest on each payment made running from the date of payment to the date of settlement of the claim.

 

With a single premium policy, the amount of the premium is added to the loan and you pay for it over the lifetime of loan. If a loan is settled early then a rebate of PPI should be given since the overall premium is reduced because the insurable risk no longer exists. However, the rebates given are not normally correct and there is usually and overpayment of PPI at the point of settlement which also should come back to you. This will also attract 8% interest as above.

 

Banks are required to hold on to data for six years after the account was closed but we do know that they keep records for a lot longer and when they have been pressed, data suddenly appears which they have previously said they do not hold.

 

If you feel that you have not received all of the data you are entitled to under a SAR then you could send them the failed SAR letter from the CAG library. It has been the case where some have had to threaten legal action to force the bank to release their data. The other thing is to lodge a complaint with the Information Commissioner's Office (ICO).

 

In the meantime you could just file your is-selling complaints as explained earlier and then chase the data after submission of your claim. You don't need to submit any figures with your claim although you might like to attach a copy of the document you received outlining the products and the PPI amounts.

 

Hi, thanks for the reply.

 

My point is, if I have a single figure from a single premium policy, then ultimately in terms of financial data this is all I need for a "basic" claim?

i.e. a larger claim could be made if I had the monthly breakdown from the beginning of the term, but if I am willing to settle for a lesser amount, then the breakdown isn't strictly required?

Though I appreciate I am then taking their word that all figures are true and correct RE overpayment etc.

 

For the record, this "lesser" amount is more than enough for me to clear my current debts, which is the main aim of this exercise.

Edited by Stan**

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You have enough information to lodge a claim, yes.

 

There is no "larger" or "smaller" claim.

 

The bank will work out the refund due from their record of payments made against each product (if they still have them) and that calculation will be done using the FSA/FCA rules of redress for mis-selling.

 

It would then be up to the claimant to check those figures are correct if they have doubts and that can only be done if there are records available.

 

I would suggest getting the claims in and await the response.


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1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Thanks for the info!

 

Is there a guide anywhere on the full PPI reclaim process? Ive looked but cant see anything...I may be missing the obvious!

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Thanks for the info!

 

Is there a guide anywhere on the full PPI reclaim process? Ive looked but cant see anything...I may be missing the obvious!

 

 

Post #7 above


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1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Wow I really was missing the obvious :)

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:lol:

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Hi all,

 

Received a letter from HSBC today, which basically says we need to fill out an attached questionnaire - Im assuming this is just a stalling tactic?

 

So, what to do - fill out the complaint form for each loan account, or is there another better approach?

 

Thanks in advance...

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Did you not already do a fos questionnaire as in post #3?


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Thanks for the prompt reply.

Nope....we only wrote to HSBC outlining figures and requesting refund.

 

SO that answers my question, we should fill in this questionnaire?

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Yes but you might like to download the version from the fos website here

 

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

 

Just in case the one you have been sent by the bank has been weighted in their favour.


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

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Hi all,

 

How do I go about making a complaint regarding non compliance of SAR? Is this direct to HSBC or another body?

 

Thanks

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you complain to the Information Commissioners Office.

 

were these HFC loans par chance?

 

dx


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Thanks for the reply.

Sorry, what is HFC?

 

Is there a letter template I can use as a guide?

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