Can I reclaim ppi from HSBC with no paperwork?

I took out a loan for £28k approx 8 years ago with HSBC as a consolidation loan to cover my debts

I defaulted on this 2 years ago and the account was passed to metropolitan collections which I am repaying £50 a month on £9800 left of debt to pay

I was recently thinking about having a go at reclaiming the ppi which I know I had as the bank clerk selling me the loan told me I had to have because of the amount of the loan

I requested a copy of my terms & conditions from HSBC as I no longer have any paperwork myself. I have had a holding letter from Metroplitan saying they are looking for paperwork and a further letter today dating they still can't find it but are looking and will get back to me. They state in their letter they understand they ate unable to enforce this debt without paperwork through the courts etc which I know

I have no intention of stopping my monthly payments to them but do want to try and reclaim the ppi to pay off what I owe & get the debt right down

My question is can I still do this if they cons back to me again and confirm there is no paperwork?

Any advice for me what is best to do?

Comments

  • Bubbles12
    Bubbles12 Posts: 57 Forumite
    **bump

    Anyone able to help me with this??
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    First Anniversary Name Dropper Photogenic First Post
    Bubbles12 wrote: »
    I requested a copy of my terms & conditions from HSBC as I no longer have any paperwork myself.

    You only need the account number in order to complain, so forget about the paperwork (and reassure Metropolitan that you don't plan to renege on your payments).
    However, the reason you give for complaint;
    "bank clerk selling me the loan told me I had to have because of the amount of the loan"
    is a hearsay complaint which you can't prove. It's very weak and you should look for other reasons if possible.
    Was the PPI front loaded onto the loan, for example, so that you paid a single monthly premium?
    If so, this is the most frequently upheld complaint at FOS.

    Go here for the step-by-step procedure
    http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance#step3
  • AnnCM14
    AnnCM14 Posts: 28 Forumite
    I have had a credit card with MBNA for some years now and only noticed a while ago that Payment Protection cover was being included on every statement, which I have been paying and thought nothing of it. In the past 2 weeks, I have sent them the standard letter asking for a copy of their T&C on the account and received them back yesterday. I've carefully read through the T&C and can only find one reference to the Payment Protection being included, which is contained in very small print on the first page of what I believe formed the contract between myself and MBNA - as it contains my signature.
    I have a vague recollection of having some years ago asked MBNA to remove the payment protection charge, which I believe at the time they did. However, in late 2009 or early 2010, there was fraudulent activity on this credit card, which MBNA immediately cancelled and replaced. My theory is that MBNA began charging payment protection cover again when they issued the new card. My question is "can I still ask MBNA to refund me these PP cover charges, even if it looks as though I have agreed to it, by paying it each month on the statement?"
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    First Anniversary Name Dropper Photogenic First Post
    I think you'll need to be able to prove your "theory" to them.
    Good luck.
  • Bubbles12
    Bubbles12 Posts: 57 Forumite
    Thanks I will reassure Metroplitan re payments & start my claim with the ac no only

    I just remembered I had 2 previous loand with hsbc one for £2000 and one for £7500 before I took out this loan

    Again these both had ppi on them so maybe worth trying to reclaim on these as well or just start with the current one?

    I dont have paperwork or account number for these though but would HSBC be able to trace them through my name/address/previous address or as so long ago (poss 8-10 years) is it adviseable not to bother?
  • amersall
    amersall Posts: 17,005 Forumite
    First Post Combo Breaker First Anniversary
    Put the complaint in and let them know these were consolidated loans, the remaining PPI from each loan will show on the next loan paperwork.
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