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  • FIRST POST
    • Former MSE Wendy
    • By Former MSE Wendy 9th Aug 07, 5:10 PM
    • 868Posts
    • 1,782Thanks
    Former MSE Wendy
    PPI Reclaiming successes and failures
    • #1
    • 9th Aug 07, 5:10 PM
    PPI Reclaiming successes and failures 9th Aug 07 at 5:10 PM
    Please report your PPI Reclaiming sucesses/failures here

    This thread lists 1000s of stories, click the 'last' link above for the most recent

    Not done it yet? Read the full Loan PPI Reclaiming and Credit Card PPI Reclaiming

    How to report your success/failure?

    1. Click reply to enter you story.

    2. Report your story in the following format:
    • What were you reclaiming: (eg. loan, credit card, store card)
    • Who was the provider: (e.g. Capital One, NatWest)
    • How much did you get back: ????
    • Did you get it back after a letter or did you go to the Financial Ombudsman: ????
    • And then write your brief reclaim tale
    REMEMEBER BY DOING THIS YOU ENCOURAGE OTHERS WHO MAY BE TOO SCARED TO RECLAIM HAVING BEEN MISSOLD.


    What if I just want to discuss PPI reclaiming/ask a question?

    Please do NOT post questions in this thread. Questions may be asked in the PPI reclaiming discussion thread where, although not guaranteed, it is more likely somebody may be able to help you.

    Happy to tell your story in a newspaper/on TV?

    There are over 20m PPI policies in the UK and its a £5bn a year industry; yet I believe a very substantial proportion of those were missold and I want to spread the word. We need to make PPI reclaiming as big as bank charges reclaiming and Mortgage Exit Fee reclaiming.

    I need your help

    To spread the word, I need case studies, people who've been placed on hold or succeeded and are willing to tell their story to encourage others to take on the banks and reclaim.

    If you're willing to do this, please e-mail casestudy@moneysavingexpert.com (sorry but we can't answer questions at this email address) with as much of the following info as you can:

    * how much was your loan/card balance
    * how much did you get back
    * who was your lender
    * a daytime phone number - we often need to reach people at very short notice
    * whether you are happy to appear in the papers,tv or both
    * where you live
    * did you use our template letters
    * did you go to the Ombusdman, court or use a claims handler

    We really appreciate anyone that can help us with this but of course also please report your story below.

    Thanks
    Martin
    Last edited by Former MSE Wendy; 06-06-2012 at 6:58 PM.
Page 1841
    • dunstonh
    • By dunstonh 12th Mar 17, 12:00 PM
    • 89,471 Posts
    • 54,940 Thanks
    dunstonh
    I really do not understand this response, maybe I should, does this sound fair and reasonable?
    It is a method often used with credit cards. They are able to remove the PPI from the product and work out the interest you paid at credit card rates and remove those. It also considers any extra charges you paid that would not have been triggered without those payments (none in your case).

    As your card would never have gone into credit, this method is acceptable.The FOS accept this method.

    The 8% method does not take into account any interest you paid on the PPI premiums.
    how do they know this is they have no history ?
    They have recreated history using the FCA guidelines. This is better than nothing. It does mean that some people lose out and some people gain but with neither side able to prove anything, this is the best option the FCA had. The other option was just reject complaints as no evidence existed that anything was paid.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. Different people have different needs and what is right for one person may not be for another. If you feel an area discussed may be relevant to you, then please seek advice from a Financial Adviser local to you.
    • Nasqueron
    • By Nasqueron 12th Mar 17, 1:31 PM
    • 4,179 Posts
    • 2,330 Thanks
    Nasqueron
    Hello
    I have had a successful ppi claim with Debenhams via Santander for a store card from 1995 which was closed in 2000. I have no records but made the claim after harassment from 3rd party ppi companies. Santander upheld my claim and paid me £238 full ppi refund and £135 associated interest. I wrote back and asked why I was not eligible for 8% interest, as I had been with other companies and they replied that 'from Aug 2005 they have full transactional history and so they have used this to calculate the difference. Prior to 2005 they do not have full transactional history, but do have full ppi payments and interest charged to my account. Therefor there pre 2005 calculation had used these amounts and averaged the total. Regarding rolling line of credit account such as mine, 8% out of pocket interest is only applied if the card would have had a credit balance had the ppi not been included. My card would not have been in credit in this case (how do they know this is they have no history ?). They then say this is in line with the FOS guidelines. I also queried over limit fees charged as per there response above, and they have advised 'no over limit fees have been applied?'.

    I really do not understand this response, maybe I should, does this sound fair and reasonable? Surely a successful ppi claim that is upheld should have 8% out of pocket expenses paid regardless, as the bank have already upheld they mis sold ppi?
    I would appreciate your advice thank you
    Originally posted by Cber73
    Read the FOS guidelines on repaying PPI on cards, 8% interest is only applied where the card would have been in credit were it not for the PPI

    If you have no records how were you intending on proving you paid over limit fees? PPI alone would almost never cause you to go over the limit, the premiums were so low 99.99% of the time it was over spending that causes it - PPI was charged at around 70-80p per £100 of debt so if you were over by £100 around £99 of that would be spending for example
    • Cber73
    • By Cber73 12th Mar 17, 2:57 PM
    • 9 Posts
    • 0 Thanks
    Cber73
    Thank you both for responding. Nasqueron, I am not aware of the account going over the limit, but as they mentioned this first I thought I would ask. I am overall happy with the result as it is still a refundinwouod not have pursued if it was not for this site.
    • Nasqueron
    • By Nasqueron 12th Mar 17, 3:37 PM
    • 4,179 Posts
    • 2,330 Thanks
    Nasqueron
    Thank you both for responding. Nasqueron, I am not aware of the account going over the limit, but as they mentioned this first I thought I would ask. I am overall happy with the result as it is still a refundinwouod not have pursued if it was not for this site.
    Originally posted by Cber73
    Unfortunately the old charges were blocked by the 2009 court case (while it did technically apply to bank charges, the precedent set will be carried over to credit cards, just as the judgement itself relied on precedence).

    The full details of how the FOS recommends firms deal with it is linked below, some companies do choose to give 8% anyway

    http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi/redress.html#redresscc
    • w_long
    • By w_long 13th Mar 17, 11:49 AM
    • 2 Posts
    • 0 Thanks
    w_long
    Bristol & West/ BOIreland PPI Query Address Required
    Does anyone know where I can get hold of the address for BOI / Bristol and West PPI queries please? I recently found the paperwork to a mortgage I had with them almost 25 years ago, taken out through a broker, with PPI and I have been struggling to find where I can write to see whether I can make a claim as I believe it was mis-sold as my broker told me I wouldn't get approved for the mortgage if I didn't take the insurance - I was young and naïve and wanted to get on the ladder. I didn't even know it was PPI until I found the paperwork and saw it written as such. I cant sem to find any details online regarding either of these institutions as BOI took over he mortgage some years later... can anyone help? Thank you.
    • w_long
    • By w_long 13th Mar 17, 11:51 AM
    • 2 Posts
    • 0 Thanks
    w_long
    sorry this may have been posted in the wrong place - forgive me, first time user...doh! but any advice / help would be appreciated...:-)
    • Moneyineptitude
    • By Moneyineptitude 13th Mar 17, 12:07 PM
    • 19,276 Posts
    • 9,380 Thanks
    Moneyineptitude
    Does anyone know where I can get hold of the address for BOI / Bristol and West PPI queries please? I recently found the paperwork to a mortgage I had with them almost 25 years ago, taken out through a broker
    Originally posted by w_long
    You don't need an address for the Building Society, you need to complain to the broker who sold you the PPI.

    Unfortunately, this pre-dates regulation of insurance selling in 2005 and the broker can dismiss any complaint on that basis alone. You will have no access to the Ombudsman.
    I didn't even know it was PPI until I found the paperwork and saw it written as such
    Originally posted by w_long
    It's not a valid complaint simply because you haven't looked at your mortgage documentation for 25 years!
    Obviously, if it was "written as such" then you did know it was PPI and have since forgotten.

    Your overall complaint sounds like it was copy pasted from a template. You really should not use the "young and naive" chestnut.
    • foxy-stoat
    • By foxy-stoat 15th Mar 17, 4:17 PM
    • 1,561 Posts
    • 861 Thanks
    foxy-stoat
    Just got £1250 refund from Barclaycard included interest, the account was repaid back in 1999. I wrote to all companies and had rejection letters back from all of them apart from Barclays.


    Top site as ever!
    • B_J_J
    • By B_J_J 16th Mar 17, 4:41 PM
    • 1 Posts
    • 2 Thanks
    B_J_J
    Money Back in 6 days thanks to MSE and Resolver
    I have been meaning to enquire about PPI for several years but was put off by the fact we cancelled the policy several years ago. The latest email from MSE motivated me to have a go through Resolver. Today 6 days after we put the claim in for "Overdraft Payment Protection" (labelled a service charge) with Barclays Bank through the Resolver tool and using the information on the MSE website we had £689.63 credited to our joint account.

    BIg thanks to MSE and Resolver
    • kathpol
    • By kathpol 17th Mar 17, 10:47 AM
    • 1 Posts
    • 3 Thanks
    kathpol
    • What were you reclaiming: Credit card
    • Who was the provider: NatWest
    • How much did you get back: £400.44
    • Did you get it back after a letter or did you go to the Financial Ombudsman: phonecall to Natwest PPI complaints

    I phoned Natwest on the 6/3/17 to cancel my PPI as I had just checked my statements and found I had it. I explained that I didn’t remember getting PPI (and didn’t want it) and was passed to their PPI complaints line. I answered a set of questions on the phone (they were very similar to the reclaim letter template).
    I got a text on 7/3/17 to acknowledge phonecall and another text on 10/3/17 to say a letter detailing outcome had been sent.

    I received the letter on 17/3/17 with offer of £400.44.
    Cheque arrived 28/3/17 - £401.86
    I have had the card since 2002 and hardly use it so was not expecting this much. The amount is made of £252.01 refund and £148.43 interest.

    Very happy!
    Last edited by kathpol; 29-03-2017 at 9:15 AM.
    • GreenwichGirl1972
    • By GreenwichGirl1972 17th Mar 17, 12:14 PM
    • 4 Posts
    • 2 Thanks
    GreenwichGirl1972
    PPI - Useful Reclaim Tip
    Lloyds TSB Credit Card - £863 reclaimed

    I was missold ppi 3 times by two banks and both rejected my complaints. I referred my complaints to the financial ombudsman and over the last two years I've had 2 reject letters from adjudicators and another from an investigator. So that was that, or so I thought.

    At Christmas someone told me that just because an adjudicator or investigator rejects your complaint you can still appeal to have it looked at again EVEN IF YOU HAVE NO MORE INFORMATION OR EVIDENCE.

    So for my most recent one I asked for an ombudsman to look at it - I had nothing more to add but I just wanted it looking at again. And last week I won and my bank will pay me back in a few weeks.

    MORAL OF THE STORY - even if an adjudicator or investigator rejects your complaint and you have no more evidence you should always ask for an ombudsman to look at it again. Apparently 10% of complaints are reversed by the ombudsman even if there's no more evidence
    • brown1950
    • By brown1950 19th Mar 17, 8:59 PM
    • 225 Posts
    • 47 Thanks
    brown1950
    Unfortunately the old charges were blocked by the 2009 court case (while it did technically apply to bank charges, the precedent set will be carried over to credit cards, just as the judgement itself relied on precedence).

    The full details of how the FOS recommends firms deal with it is linked below, some companies do choose to give 8% anyway

    http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi/redress.html#redresscc
    Originally posted by Nasqueron
    Again i notice you are saying the Supreme Court Case in 2009 (Bank charges) also set a precedent in relation to credit card fee's - Why do you keep giving out this wrong information ??
    • Nasqueron
    • By Nasqueron 20th Mar 17, 10:56 AM
    • 4,179 Posts
    • 2,330 Thanks
    Nasqueron
    Again i notice you are saying the Supreme Court Case in 2009 (Bank charges) also set a precedent in relation to credit card fee's - Why do you keep giving out this wrong information ??
    Originally posted by brown1950
    As I have explained to you over and over and over ad infinitum, which you don't seem to understand or wilfully disregard, UK law is based on precedence. Where one case rules XYZ, a future judgement refers to that case as establishing a precedence on such matters and the side referencing it seek to get the same judgement. The 2009 case resulted in a ruling that the bank charges could not be reclaimed on the basis that they were unfair. A similar court action relating to credit card charges would result in an application by the banks to refer to that case and stop the case proceeding.

    If you read the ruling properly you will see the banks used numerous previous cases as establishing a precedence.

    For example about determining if the charges were considered as penalties and whether they were unenforceable

    Point 295

    In order for a provision for payment to be penal, it must provide for payment upon a breach of contract (see Export Credits Guarantee Department v Universal Oil Products Co, [1983] 1 WLR 399) that is not a genuine pre-estimate of loss from the breach but which is extravagant and unconscionable in amount in comparison with the prospective loss (see Jeancharm Ltd v Barnet Football Club Ltd [2003] EWCA Civ 58 at para 27).
    Point 299

    299 The Banks emphasise that a Relevant Charge cannot be penal unless it is payable upon a breach by the customer, and illustrate this principle by referring to the decision of the Court of Appeal in Jervis v Harris [1996] Ch 195, which concerned a provision in a lease (clause 2(10)) obliging a tenant to carry out repairs and providing that if he did not do so, the landlord might do the repairs and recover from the tenant the costs and expenses of doing so. This provision was held not to be penal,
    In 2009 the decision handed down was that charges were a core term of the contracts therefore under the Unfair Terms in Consumer Contracts Regulations 1999 reg. 6(2) the charges (in this case unplanned overdraft) were not not capable of assessment so found in the banks favour.

    That is why I have explained that the precedence of the bank charges ruling would be used if there was any attempt to challenge credit card charges, especially as the banks all reduced the charges.

    Think about why, since 2009, no-one has successfully launched a class action suit against the banks for charges of any kind - nobody will take it on because the precedence has been established.

    I suggest you take time to read and digest both the the 2009 case (it's 46 pages but I'm sure you will understand it all given your financial background and legal expertise and you can see how they again made reference to precedence)

    https://www.supremecourt.uk/cases/docs/uksc-2009-0070-judgment.pdf

    Also read this simplified guide to precedence in UK law

    http://www.inbrief.co.uk/legal-system/precedents/


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

    As ever, if you feel the ruling by the courts was wrong, simply put up your own money for a new class action suit against the banks for credit card charges and see how far it goes before they dismiss it because of the 2009 ruling establishing the precedent that charges didn't fall under UTCCR 1999 reg. 6(2)
    Last edited by Nasqueron; 20-03-2017 at 11:00 AM.
    • Mersey
    • By Mersey 20th Mar 17, 4:49 PM
    • 1,518 Posts
    • 719 Thanks
    Mersey
    Again i notice you are saying the Supreme Court Case in 2009 (Bank charges) also set a precedent in relation to credit card fee's - Why do you keep giving out this wrong information ??
    Originally posted by brown1950


    I think it's largely as a few on here refer to all bank fees as charges, whereas others do not. Hence when an OP comes on here and reports that they have successfully reclaimed packaged account fees or had overlimit fees reimbursed by their bank, someone will immediately reply (usually Moneyineptitude or Nasqueron), "this thread is for reporting PPI successes only" and often 'the banks won in 2009 so...'


    Incidentally, the legal terms are Judgment (not Judgement) and precedent (not precedence), but other than that - Nasqueron is on the right lines re the 2009-to date position.


    So it's only usually if a bank [the same bank or another] error or fraud caused the bank charges to be incurred, that banks will refund the charges on current accounts and credit cards. Or if eg the (eg mis-sold) packaged account fee imposed caused an overlimit fee to be levied. Such examples are quite rare in recent times. I've only read of a dozen or so on here.
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
    • Moneyineptitude
    • By Moneyineptitude 20th Mar 17, 4:58 PM
    • 19,276 Posts
    • 9,380 Thanks
    Moneyineptitude
    someone will immediately reply (usually Moneyineptitude or Nasqueron), "this thread is for reporting PPI successes only"
    Originally posted by Mersey
    Please indicate even one post from myself on this particular thread where I have posted that? I think you'll find that I haven't, nor have I needed to. I think you are confusing this thread with the "Bank Charges" thread.
    Last edited by Moneyineptitude; 20-03-2017 at 5:00 PM.
    • Nasqueron
    • By Nasqueron 21st Mar 17, 8:57 AM
    • 4,179 Posts
    • 2,330 Thanks
    Nasqueron
    I think it's largely as a few on here refer to all bank fees as charges, whereas others do not. Hence when an OP comes on here and reports that they have successfully reclaimed packaged account fees or had overlimit fees reimbursed by their bank, someone will immediately reply (usually Moneyineptitude or Nasqueron), "this thread is for reporting PPI successes only" and often 'the banks won in 2009 so...'


    Incidentally, the legal terms are Judgment (not Judgement) and precedent (not precedence), but other than that - Nasqueron is on the right lines re the 2009-to date position.


    So it's only usually if a bank [the same bank or another] error or fraud caused the bank charges to be incurred, that banks will refund the charges on current accounts and credit cards. Or if eg the (eg mis-sold) packaged account fee imposed caused an overlimit fee to be levied. Such examples are quite rare in recent times. I've only read of a dozen or so on here.
    Originally posted by Mersey
    Well thanks for the correction on spelling of judgment vs judgement, unfortunately the spell checker auto corrects it, suppose it's better than thinking "unnecessary" means the same as "worthless" no?

    Also the reason for correcting someone who posts, for example, about getting a monthly bank fee back in the bank charges post is that it confuses new users who may misunderstand and think they can get back bank charges. Perhaps you could direct your ire at this site which wrongly uses "reclaim" or "claim" when they mean "complain"
    Last edited by Nasqueron; 21-03-2017 at 8:59 AM.
    • Dimary600
    • By Dimary600 21st Mar 17, 10:36 AM
    • 3 Posts
    • 0 Thanks
    Dimary600
    Mortgage proctection policy with CU life
    I was sold mortgage protection policy 1993 with Commercial Union Life Assurance,
    Is this possible to claim back after all this time ?
    Thanks
    Last edited by Dimary600; 21-03-2017 at 10:38 AM. Reason: Spelling
    • Nearlyold
    • By Nearlyold 21st Mar 17, 10:51 AM
    • 937 Posts
    • 772 Thanks
    Nearlyold
    What was wrong with having life cover on your mortgage?
    • Moneyineptitude
    • By Moneyineptitude 21st Mar 17, 11:27 AM
    • 19,276 Posts
    • 9,380 Thanks
    Moneyineptitude
    I was sold mortgage protection policy 1993 with Commercial Union Life Assurance,
    Is this possible to claim back after all this time ?
    Originally posted by Dimary600
    You can't expect a refund simply because you have not died in the interim period.
    Why else would Life Assurance be refunded?

    (This insurance is not PPI)
    • Mersey
    • By Mersey 21st Mar 17, 12:47 PM
    • 1,518 Posts
    • 719 Thanks
    Mersey
    Well thanks for the correction on spelling of judgment vs judgement

    Perhaps you could direct your ire at this site which wrongly uses "reclaim" or "claim" when they mean "complain"
    Originally posted by Nasqueron


    You're welcome for 'precedent' too.


    It does not.


    Any civil gripe is indeed a claim, whether it is pre-litigated or issued in the County Court - which is why Martin uses the term (correctly). Whether a potential claim has any merit is another issue entirely as explained to yourself previously.


    No doubt we hold different views re the respective potential of any claim. But it is merely a fact that they are all claims ['whether merely still in the aggrieved person's mind or at the door of the Court' to quote the previous DCJ for the Northern Circuit] Indeed, if anyone wishes to seek redress from their ex-boss or the NHS or council, they send a 'Letter of Claim.'
    Last edited by Mersey; 21-03-2017 at 12:56 PM.
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
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