PPI Reclaiming discussion Part III

monty73

We took out a loan with HFC bank in 2005 we were told at the time if we did not take out insurance we would not get a loan,my partner and I were both disabled at the time and it said this under the occupation section of our loan agreement. The amount we paid for insurance came to(with interest)£1400, so when I seen this on your e-mail about being missold PPIs we decided to contack our lender, to cut a long story short because our loan is not due to be paid out until may 2009, we pay them £363 a month they sent us a letter saying we still owe them £1454 but they owe us £1876(they have added 8% interest) so we dont have any more monthly payments and they are going to pay £422 into our bank account.I am so glad that you let me know about this and I cant thank you enough because we were struggling so much to make the £363 payments every month and now we dont have to any more and we have extra money we can pay off other bills THANK YOU

di3004

Hawkwind wrote: »

Hello people... dont know if anyone will remember when I posted on here months back but here goes with an update. I have a loan with northern rock taken out in March 2004 which was applied for via their internet service where the box for ppi was ticked automatically. To cut a long story short on it I was diagnosed with a clival chordoma (brain tumour) in November of 1997 and as such would not qualify to claim due to a pre-existing medical condition. I have written to northern rock re the ppi (£11,550) using Martin's template (Thanks Martin ) and quoted under the treated unfairly re automatic inclusion of ppi on website, that when I spoke on phone was told could only cancel if I took out a new agreement at a higher rate and settled the difference (on a dmp so not an option), and also that at no time was I asked about previous medical conditions whilst applying online.

Well I have now had a reply but it is a payment protection insurance questionnaire which I am at a bit of a loss as certain info I just dont have in the original paperwork i.e. the policy number. Can anyone advise in regards to what info should be put on one of these forms?

Thanks in anticipation

Hawkwind

Hiya Hawkwind
Sorry to hear about your health here and hope your okay.;)

It seems to be a common thing these questionaires lately, if you go back a few pages you may note that others are not sure what to do here either, but you could write to them and tell them you given them enough information during the application and attach the form with it.

Again its possibly another stalling tactic, if you do not want to complete the form, then just do the above by writing to them, because to me its silly and they should know all your information at the start of the application.

Good luck and let us know if you get any problem with this.;)

Well done on your other one :T .

di3004

_shel wrote: »

I wrote to ACE & HFC & HSBC still waiting to here from the later. I used the template on this site.

I actually thought I would be in with a chance because I have epilepsy and actually tried to claim on lots of policies back in 2006 when I was off long term sick after surgery and had to claim benefits. I wasnt allowed to claim on any of the policies I didnt know this when I was sold them and got into major debt, got a CCJ and went back to work before I was fit to earn again and stop the mess, nearly there

Anyway ACE replied with a short letter saying they did not uphold my complaint and if dissatisfied I should contact the Ombudsman.They 'claim' a salesperson asks as part of the process about medical (they never did, why would I say I didnt I've had this disability since birth!) and that it is not compulsory, not the way they made it sound a t the time

I wrote back and recieved another letter yesterday saying they had reviewed their decison and it stands. They say again I can write to the Ombudsman. But say as my policy was sold before the FSA General Insurance Regulations came into force, they believe, it is outside of the Ombudsman's juristiction.

So now I'm confused, is that true? Is it worth carrying on with this has anyone succeded with ACE? They never said any of this in the first letter.

Hi.

They are messing you about then, at first they say you can take this to the FOS and now your unable to.
If you have all the paperwork check it out, this also explain the complaints procedure and even mention the GISC or FSA etc, you could always contact the FOS here and they should be able to confirm this to you:
http://www.financial-ombudsman.org.uk/contact/index.html

Please let us know how you get on and good luck.;)

di3004

monty73 wrote: »

We took out a loan with HFC bank in 2005 we were told at the time if we did not take out insurance we would not get a loan,my partner and I were both disabled at the time and it said this under the occupation section of our loan agreement. The amount we paid for insurance came to(with interest)£1400, so when I seen this on your e-mail about being missold PPIs we decided to contack our lender, to cut a long story short because our loan is not due to be paid out until may 2009, we pay them £363 a month they sent us a letter saying we still owe them £1454 but they owe us £1876(they have added 8% interest) so we dont have any more monthly payments and they are going to pay £422 into our bank account.I am so glad that you let me know about this and I cant thank you enough because we were struggling so much to make the £363 payments every month and now we dont have to any more and we have extra money we can pay off other bills THANK YOU

Hi Monty
Happy to see this is sorted out, well done.:T

As you may know the aim is if they admit to this being mis sold that they put you back in the postion as if you did not have PPI from the start, plus interest.
Did they actually send you the calculations on how this was worked out?

Hope you don't mind me asking, but great you have this sorted, you must be relieved. Well done.:beer:

sharibe

Hello Everyone,
As the title shows, I think I have been a bit dim (not for the first time..LOL). I was re-reading the letter Llloyds sent me after my first letter to them. They obviously said very polietly, go away you have no claim, so I then wrote back with a little more info (which as you know, I am still waiting to hear back)....However, my question is: Last night as I re-read letter I noticed that they are saying I had a 'one-off' premium plus interest. This applied to all three of the loans I had with them. Does this alter my claim and does it mean it will less successful?? Am worried now...I don't understand why mine was a one-off premium, instead of monthly payments...Please excuse my ignorance (no wonder I used to get into debt!)

Any help as always much appreciated:-))

Sharibe
xx

di3004

sharibe wrote: »

Hello Everyone,
As the title shows, I think I have been a bit dim (not for the first time..LOL). I was re-reading the letter Llloyds sent me after my first letter to them. They obviously said very polietly, go away you have no claim, so I then wrote back with a little more info (which as you know, I am still waiting to hear back)....However, my question is: Last night as I re-read letter I noticed that they are saying I had a 'one-off' premium plus interest. This applied to all three of the loans I had with them. Does this alter my claim and does it mean it will less successful?? Am worried now...I don't understand why mine was a one-off premium, instead of monthly payments...Please excuse my ignorance (no wonder I used to get into debt!)

Any help as always much appreciated:-))

Sharibe
xx

Hiya Sharibe
Can they literally prove this to you?
And when was this supposed to have been?

And no your not dim lol, I'm still learning....;)

I would ask them to send you in any proof in this matter to confirm this.

Did you request a Subject Access Request from them ?
Where they must send everything they have on you for the last 6 years, approx ?

Let us know if you have not and would like the template for this.;)
Cheers.

di3004

Sharibe

Just in case, here is the template of the SAR (Subject Access Reques), they have 40 days to comply, a payment of £10 cheque or postal order should be enclosed with the letter, they should supply everything they have on you, post by recorded delivery to keep a check on the 40 days they have to send you all the information, good luck.

SAR - SUBJECT ACCESS REQUEST

Dear

Re: Account number:

In the first part under the Data Protection Act 1998:

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, please supply me with a complete list of transactions and charges relating to the above accounts held with you since they were opened.

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my business with you.

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.


For the avoidance of any and all doubt, I reiterate:

I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on any/all types of media in any relevant filing system (microfiche included).

If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge.

I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

I enclose the statutory maximum fee of £10.00 to access ALL data held by XXXXX about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

You have 40 days in which to comply with this request.

This communication has been sent Recorded Delivery so I can ensure compliance on these issues within the legislative timeframes.

Yours Sincerely

sharibe

di3004 wrote: »

Hiya Sharibe
Can they literally prove this to you?
And when was this supposed to have been?

And no your not dim lol, I'm still learning....;)

I would ask them to send you in any proof in this matter to confirm this.

Did you request a Subject Access Request from them ?
Where they must send everything they have on you for the last 6 years, approx ?

Let us know if you have not and would like the template for this.;)
Cheers.

Hi Di
Yes, they sent me loads of stuff. On the letter they sent back it breaks down my 3 loans saying I had these one off premiums of £1981.30, £2008.77 and £3628.40. Then on the loan agreement thing which I have signed there are 2 boxes, one says optional loan protection, ticked yes, and the other says premium advanced as part of loan, ticked yes. They also sent a copy of a personal summary and our recommendations re the PPI but it IS NOT SIGNED, by me or them! This is the info I put in the 2nd letter. Also in the 2nd letter, I explained I was never informed I could get cheaper insurance elsewhere, I also stated that on the last loan I had I had told them that I would be paying the loan off within 3 months due to be made redundant fromt he civil service and getting a pay off of £37,000.00 (the loan was for 14500, which I did do.

di3004

sharibe wrote: »

Hi Di
Yes, they sent me loads of stuff. On the letter they sent back it breaks down my 3 loans saying I had these one off premiums of £1981.30, £2008.77 and £3628.40. Then on the loan agreement thing which I have signed there are 2 boxes, one says optional loan protection, ticked yes, and the other says premium advanced as part of loan, ticked yes. They also sent a copy of a personal summary and our recommendations re the PPI but it IS NOT SIGNED, by me or them! This is the info I put in the 2nd letter. Also in the 2nd letter, I explained I was never informed I could get cheaper insurance elsewhere, I also stated that on the last loan I had I had told them that I would be paying the loan off within 3 months due to be made redundant fromt he civil service and getting a pay off of £37,000.00 (the loan was for 14500, which I did do.

Hi Sharibe

Right then I would move on to the Financial ombudsman service from here and also send a copy of this completed to Lloyds and keep one for yourself, it should not make any difference to what you say above.;)

You can download the form here:
http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Or ring for a copy to be sent through the post and enclose copies of correspondence from LLoyds with the the form.

I take it LLoyds have given you the option to go to the FOS from here?

Write back to Lloyds and tell them you have now taken your complaint to the financial ombudsman service and have enclosed a copy of your form for their interest and records.
I hear that some are still reconsidered, even if you do take this to the FOS, and if successful (hopefully) you just let the FOS know.;)

Good luck with this and please post up anytime and let us know how you get on, but do not leave it there hun.;) X

sharibe

di3004 wrote: »

Hi Sharibe

Right then I would move on to the Financial ombudsman service from here and also send a copy of this completed to Lloyds and keep one for yourself, it should not make any difference to what you say above.;)

You can download the form here:
http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Or ring for a copy to be sent through the post and enclose copies of correspondence from LLoyds with the the form.

I take it LLoyds have given you the option to go to the FOS from here?

Write back to Lloyds and tell them you have now taken your complaint to the financial ombudsman service and have enclosed a copy of your form for their interest and records.
I hear that some are still reconsidered, even if you do take this to the FOS, and if successful (hopefully) you just let the FOS know.;)

Good luck with this and please post up anytime and let us know how you get on, but do not leave it there hun.;) X

Oh thanks Di. I will get the letter all ready, to post next week. The 8 weeks runs out end of next week, if they havn't responded to my 2nd letter by then I will do as you say and take it to the next stage.

They did me the option of going to the FOS or to write back to them with any further info, which is obviously what I did. They gave the general bog-standard answer to each loan..i.e Lloyds did not lead customers to believe that the insurance was compulsory or the application for credit would be compormised etc etc....RUBBISH RUBBBISH, I say DI:-))

Keep you posted hon, thanks 4 everything, have yourself a fab day whatever do.

Sharibe
x