Can Someone Cast An Eye Over My Docs !

[DOBBYDOG]

There are 2 documents below if someone could cast an eye over. First i'll breifly explain my situation then you'll know what i'm on about.

 

Took a mortgage out via a morgage broker in August 2004. Certain fees and charges were payable ( normal practice ). However, looking through my documents recently it appears that £1200 was taken from my funds for mortgage payment protection ( first document titled undertaking to release further advance monies). I have never received an insurance policy for this ( and i must stress that i have kept every scrap of paper re- my mortgage ) I dont know who the insurance is with or how long this lasts. I dont ever recall being spoken to about this or signing any insurance documents or what it includes. Yes it does have my signature on first document (this is'nt an insurance doc ) and nothing else. But, if you look in 2nd document titled mortgage illustration ( which i dont think is a legal document ) where it says monthly costs include - payment protection - declined. I have nothing at all that says i have an insurance policy only what you see on the doc. I am assuming it was a single payment. Can anyone suggest if i can do anything about this. Much appreciated. x

[DOBBYDOG]

Sorry, trying to get the scanned docs on but having a little trouble sussing it out will keep trying and hopefully have done it soon. x

[DOBBYDOG]

Any help with scanned docs would be great. Dont really know what i'm doing. Have clicked on insert image and a box comes up and askes for the URL of the image ???/

[DOBBYDOG]

[DOBBYDOG]

[DOBBYDOG]

Bump Anyone ? X

[Robertxc]

Seems pretty open and shut to me. Go back to them and demand an explanation. If you're not satisfied, then hie thee to the Financial Ombudsman as quick as you can...they'll take a pretty dim view I'm sure.

[reidnet]

Hi,

They seem to have supplied you with all you need to hang them out to dry.. Clearly states PPI Declined yet they have deducted £1200 for PPI..

 

I would do as Robertx suggests, go back to them demand and explanation along with your £1200 plus Interest.. and complain to the FOS and the FSA

 

Ian

[DOBBYDOG]

Hi,

They seem to have supplied you with all you need to hang them out to dry.. Clearly states PPI Declined yet they have deducted £1200 for PPI..

 

I would do as Robertx suggests, go back to them demand and explanation along with your £1200 plus Interest.. and complain to the FOS and the FSA

 

Ian

Thanks alot guys ! just as i thought. Shall i post a copy of these forms to them along with my letter ? Oh and what sort of interest shall i ask for ? xx Also what time frame to reply.

[hellhasnofury]

Thanks alot guys ! just as i thought. Shall i post a copy of these forms to them along with my letter ? Oh and what sort of interest shall i ask for ? xx Also what time frame to reply.

 

Hiya Dobbydog,

 

Thanks for your support on the other thread, much appreciated:D Take copies of all correspondence and sent it to them along with your letter,it will save time as they will probably ask for them.

 

I feel it is only fair to ask for the interest that they applied to it. The time frame for the Company would be 14days, if it is the fos, anything up to 8 weeks

 

Good luck

[DOBBYDOG]

Hiya Dobbydog,

 

Thanks for your support on the other thread, much appreciated:D Take copies of all correspondence and sent it to them along with your letter,it will save time as they will probably ask for them.

 

I feel it is only fair to ask for the interest that they applied to it. The time frame for the Company would be 14days, if it is the fos, anything up to 8 weeks

 

Good luck

Hey there. No problem ! I really had to get out of there ! Anyway thanks for the reply. I dont know what the interest would have been or even if there was any. These are the only documents i have. Bit stuck really. It appears to be a 1 off payment so dont know.

[hellhasnofury]

Hey there. No problem ! I really had to get out of there ! Anyway thanks for the reply. I dont know what the interest would have been or even if there was any. These are the only documents i have. Bit stuck really. It appears to be a 1 off payment so dont know.

 

Hello,

 

know what you mean, I wanted to get out of there and it was my thread:o Did you read my last post on it:D

 

I would have though that they would have applied interest to the ppi, what interest rate did they apply to your mortgage.

 

Did you write to them and ask for a breakdown of it. Did you get the information from a SAR??

 

Can you let us know

[DOBBYDOG]

Hello,

 

know what you mean, I wanted to get out of there and it was my thread:o Did you read my last post on it:D

 

I would have though that they would have applied interest to the ppi, what interest rate did they apply to your mortgage.

 

Did you write to them and ask for a breakdown of it. Did you get the information from a S.A.R - (Subject Access Request)??

 

Can you let us know

Yeh did read your last post. You much better with wording than i am ( scared me ) lol

The interest rate on the mortgage was 7%. I havnt done SAR as yet as i didnt think i needed to but maybe i do. I have since re-morgaged last year with the same broker and no mention of ppi on new documents.

[hellhasnofury]

Yeh did read your last post. You much better with wording than i am ( scared me ) lol

The interest rate on the mortgage was 7%. I havnt done S.A.R - (Subject Access Request) as yet as i didnt think i needed to but maybe i do. I have since re-morgaged last year with the same broker and no mention of ppi on new documents.

 

Hello Dobbydog,

 

Personally I would sent a full SAR so you can see what they have been up to. You may be shocked:o

This is a full SAR Template, amend it to your own details and send it with your £10 payment recorded delivery and wait. They have 40days to comply, or they break the law.

 

your address

 

their address

 

date

 

 

DATA PROTECTION ACT 1998

SUBJECT ACCESS REQUEST

 

Dear Sir/Madam

Namexxxxxxxxxxx

Account No ssssssssssssss

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

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

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

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

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

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

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

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

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

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

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

Yours faithfully

 

 

 

 

 

 

[DOBBYDOG]

Thanks very much. Thats great. Will keep you posted x

[DOBBYDOG]

SAR sent off today. Thought i best go down this route first. Get things in order ie- facts and figures. You never know something else might crop up

[DOBBYDOG]

Ok, update .....

 

Have received all paperwork as requested by my SAR.

 

Loads and loads of stuff ( mostly irrelevant to this )

 

There is an PPI certificate which before now i have never clapped eyes on !

 

There is also an application for PPI which was done by the mortgage broker, conducted online as the web address is at the bottom.

 

My mortgage completed on 12th Aug 04 and the application and certificate is from 20th Aug 04.

 

Additionally there is a another document which clearly states PPI declined ( by me ).

 

Not sure where to go with this now

 

I think the only thing i have got to back my case up is the documents which say declined.

 

According to the certificate the policy was for 3 years which of course has now finished. But surely i would have never been able to excersise my rights within the policy having never had a copy until now and also never knowing i had a policy untill now.

 

Do you still think i have a case here ? Any comments would be gratefully received ;-)

[hellhasnofury]

Ok, update .....

 

Have received all paperwork as requested by my S.A.R - (Subject Access Request).

 

Loads and loads of stuff ( mostly irrelevant to this )

 

There is an PPI certificate which before now i have never clapped eyes on !

 

There is also an application for PPI which was done by the mortgage broker, conducted online as the web address is at the bottom.

 

My mortgage completed on 12th Aug 04 and the application and certificate is from 20th Aug 04.

 

Additionally there is a another document which clearly states PPI declined ( by me ).

 

Not sure where to go with this now

 

I think the only thing i have got to back my case up is the documents which say declined.

 

According to the certificate the policy was for 3 years which of course has now finished. But surely i would have never been able to excersise my rights within the policy having never had a copy until now and also never knowing i had a policy untill now.

 

Do you still think i have a case here ? Any comments would be gratefully received ;-)

 

hello dd

 

i would say so, you have answered you own questions.

 

Letter to decline the ppi

 

Go get them

[DOBBYDOG]

hello dd

 

i would say so, you have answered you own questions.

 

Letter to decline the ppi

 

Go get them

Thanks Hell, it gives me the confidence to go ahead just coming on here !!! I'll now have a look through the templates to see if anything suitable which i can tweek. Many thanks again

[DOBBYDOG]

Oh, i am going to be asking for interest on this but hav'nt got a clue how much. I can;t find anywhere in the docs anything about interest. Thanks.

 

Hell, have tipped your scales

[hellhasnofury]

Oh, i am going to be asking for interest on this but hav'nt got a clue how much. I can;t find anywhere in the docs anything about interest. Thanks.

 

Hell, have tipped your scales

 

Hello DD,

 

Thanks for the click. I think if you look on post no 5. The Document has some interest rate. 7.0% increasing to 8.25. The apr is 9.1%.

[DOBBYDOG]

Hi Hell. Was wondering what you think of the letter i'm going to send. I've pinched a bit from you hope you dont mind. Many thanks.

 

 

 

Dear sir/madam

xxxx and xxxxxx have been acting as mortgage intermediary for me since the year 2003 under my right to buy. A successful mortgage was completed with xxxxxxxxx on 12th August 2004.

Looking back through documents I have in my possession, it appears that the sum of £1200 was taken from my advanced monies by xxxx and xxxxxx for Mortgage Payment Protection Insurance (MPPI). I have been unaware that this MPPI ever existed due to the fact that at no time have any documents ever been issued to me.

After applying for a Subject Access Request (SAR) from xxxx and xxxxxx and which I received on Thursday 20th September 2007, it appears that a MPPI application was conducted via the internet by xxxx and xxxxxx on 20th August 2004 and a MPPI certificate starting from the same date is included. These documents have not been brought to my attention until my SAR.

As you can see from various highlighted documents, of which I have enclosed copies, MPPI was clearly declined by me. If I may draw your attention to the “Mortgage Illustration” prepared on 28th June 2004 it clearly states MPPI declined. Additionally, may I draw your attention to the “fees and features during mortgage”, MPPI is again clearly declined. In spite of this there has been £1200 taken from my advanced monies, (see the document dated 29th June 2004.)

When xxxx and xxxxxx acted as my Mortgage intermediary, I was not offered a full and detailed explanation of MPPI. No attempt was made to ascertain if the product was fit for purpose, suitable for my needs or if indeed I needed it at all. Additionally, no enquiry was made as to whether I had pre-existing insurance for accident, illness or unemployment and to reiterate again, was not provided with any insurance documents. I believe that all of the said mentioned is a requirement by you when selling MPPI. I can only assume that none of the above was conducted because I had clearly declined MPPI.

I believe that it is xxxx and xxxxxx policy to provide a quality client focused service. I also understand that under the Mortgage code, to which xxxx and xxxxxx subscribe, minimum standards are set of which good lending and advisory practises are to be followed. I believe that you have manifestly failed within the minimum standards. Additionally, I believe that your company have failed in the duty of disclosure as I understand that insurance contracts are of the utmost good faith which imposes on you a “duty of disclosure” of all material facts because one party is in a strong position to know the truth. I am frankly shocked that xxxx and xxxxxx have operated in this way as I had always reposed confidence in your integrity and expertise. Your failure to disclose is misrepresentation at common law. I believe that this act has prevented me from asserting my rights until now. I also believe that there are strong grounds for action against xxxx and xxxxxx under common law and consumer regulations.

I require that the monies of £1200 be refunded to me in full together with interest equal to the APR used by xxxx and xxxxxx or the relevant Insurance Company at that time.

I hope that you will enter into a sincere dialogue with me about this matter. I will give you 14 days from receipt of this letter to reply to me accepting, unconditionally my request in principle of a full refund of £1200 plus interest and letting me know a date by which I will receive payment.

I hope to get a positive response from you. However if you do not respond or respond positively I shall have no alternative but to pursue this matter through the Financial Ombudsman.

Yours Sincerely,

[Robertxc]

Edited slightly. Removed irrelevent paragraph. Feel free to ignore my changes, I won't be offended.

Dear sir/madam

 

xxxx and xxxxxx have been acting as mortgage intermediary for me since the year 2003 under my right to buy. A successful mortgage was completed with xxxxxxxxx on 12th August 2004.

 

Looking back through documents I have in my possession, it appears that the sum of £1200 was taken from my advanced monies by xxxx and xxxxxx for Mortgage Payment Protection Insurance (MPPI). I have been unaware that this MPPI ever existed due to the fact that at no time have any documents ever been issued to me.

 

After making a Subject Access Request (S.A.R) from xxxx and xxxxxx and which I received on Thursday 20th September 2007, it appears that an MPPI application was conducted via the internet by xxxx and xxxxxx on 20th August 2004 and a MPPI certificate starting from the same date is included. These documents have not been brought to my attention until my SAR.

 

As you can see from various highlighted documents, of which I have enclosed copies, MPPI was clearly declined by me. If I may draw your attention to the “Mortgage Illustration” prepared on 28th June 2004 it clearly states MPPI declined. Additionally, may I draw your attention to the “fees and features during mortgage”, MPPI is again clearly declined. In spite of this there has been £1200 taken from my advanced monies, (see the document dated 29th June 2004.)

 

When xxxx and xxxxxx acted as my Mortgage intermediary, I was not offered a full and detailed explanation of MPPI. No attempt was made to ascertain if the product was fit for purpose, suitable for my needs or if indeed I needed it at all. Additionally, no enquiry was made as to whether I had pre-existing insurance for accident, illness or unemployment and to reiterate again, was not provided with any insurance documents. I believe that all of the above is a requirement by you when selling MPPI. I can only assume that none of the above was conducted because I had clearly declined MPPI.

 

I require that the monies of £1200 be refunded to me in full together with interest equal to the APR used by xxxx and xxxxxx or the relevant Insurance Company at that time.

 

I will give you 14 days from receipt of this letter to reply to me accepting, unconditionally my request in principle of a full refund of £1200 plus interest and letting me know a date by which I will receive payment.

 

I hope to get a positive response from you. However if you do not respond or respond positively I shall have no alternative but to pursue this matter through the Financial Ombudsman.

[DOBBYDOG]

Edited slightly. Removed irrelevent paragraph. Feel free to ignore my changes, I won't be offended.

Thanks alot Robert Yeh i thought that paragraph was a bit naff too:D

Especially when i did'nt understand it myself ( bit thick like that)

Anyway thanks again x

[DOBBYDOG]

Ok ! Sent above letter on 26th Sept giving them 14 days to reply to me accepting my request for payment.

Received a letter dated 28th Sept stating they would be investigating my complaint and that this would take 7- 10 working days. Also i should have a response within this time.

It's now 12 working days today from the day after 28th sept.

Am i being to keen here do you think ? should i give a little more time ?

 

I expect they sre trying to find a loop hole somewhere to get out of it