PPI Reclaiming discussion Part III

di3004

mackie96 wrote: »

Hi, new to this forum, and haven't read all of the messages, so apologies if this has already been asked/ answered.

My husband and I took out a secured loan with Blackhorse in summer 2005. We recently remortgaged and repaid the loan early.

At the time of taking out the loan, we were told we had to take the ppi otherwise we would not get the loan, so I have sent them a letter (template from here) saying we feel we were missold the policy. They have replaied, enclosing our orignal signed loan agreement and a 'demands and needs questionaire and statement', and stated that as we signed these we understood and accepted all terms and conditons. We disagree as the sales person told us this questionaire was just a formality and we had to tale out the ppi.

The letter from them also says thatbecause the agreement is settled and we have had the benefit of the cover for the period of our agreement they will not refund any payments for ppi.

I am using the '2nd letter' template just, but as this loan is settled are they correct in saying we can't claim? We did not use the ppi during the term of loan.

Thanks in advance for any help.

Hi there hun

You go for it and don't let them put you off.
And yes no matter if your loan is settled or not you have every right to try and reclaim your money back plus interest.

If they fob you off again then that should be the final decision, you can then take your complaint to the financial ombudsman service.

Let us know when you hear and we will take it from there.
Good luck, and all they are trying to do is fob you off, at the end of the day you signed - yes but thought you had no choice.;)
They made out you had to take the ppi for being accepted for the loan.

If this was a phone sale, ask them to send you a copy of the recordings, if they say they are unable to do this without a subject access request, get back to us and we will get that on here for you.;)

Ring them and see what they have to say about the recordings.

Good luck
Keep us posted and keep it going.

Di

di3004

LazyT wrote: »

Hi Di and Maxdp

I am about to start drafting my second stage letter to LLoydsTSB, and am going to include more information than the standard would include to try to aid my cause. As mentioned before, there are crosses and ticks all over my original contract that was only ever faxed to me, and signed by LloydsTSB's contact 4 days after my signature.

Just wanted to thank you both for your input, feel like a bit of a div working through all this!

Max, you mentioned to request SAR and telephone conversation etc, but I don't even know what one of those is! (i know it's nothing to with mobile phones frying your brain.....) Are they likely to have these??

Do you think I would be able to make reference to the fact that the money was in my account before they had even signed and entered into the contract? Or am i just clutching at straws?! I still don't believe this was discussed with me in numerous phone conversations with the contact from LTSB, who was only an advisor at my home branch as opposed to someone from the loans centre. All these little things make me think I've been had!

When you say it was font loaded, do you by it being single premium?

Thank you both again for your help - didn't know where else to go!

By the way, how quickly does this thread move! Went on at 8am yesterday and then lunchtime today and we're almost 15 pages away!

Cheers

Terry :beer:

edited to add, I was young and desperate at the time, and they bent over backwards to lend me 10k, saying that they should have only lent me around 1k because fo my credit rating, I only wanted to borrow 5 or so but they said the only way I could have my loan was if I took out 10k and paid off my credit card and overdraft......

forgot to put this the other day! What you think?

Hi there Terry
Thanks for your comment and good luck with your 2nd letter, hope this time you receive good feedback.

A SAR is a Subject Access Request, they have 40 days to respond and must supply you with ALL information they have on you on your accounts.
There is a charge of £10 cheque payment for this or postal order, always post by recorded delivery to keep an eye on those 40 days.;) This includes phone calls recorded.

I will add a SAR here for you:
.....................................................................................................
Your address

Their Address

Date

DATA PROTECTION ACT 1998
SUBJECT ACCESS REQUEST


Dear Sir/Madam
Your name: xxxxxx
Account No/ No’s



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 or credit cards

Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and or credit cards, 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 and or credit card 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 IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.

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

Yours faithfully


Your name
............................................................................................................................


Good luck and I'm sure Maxdp will check on your post later and if there is anything to add she will post to you.;)

Di

Alibear

di3004 wrote: »

Hi Ali

Yes give them the full 8 weeks which is the timescale for the issues.;)

May I ask if you actually sent back that form/letter by recorded post?
This way you can check if they have really received this.

I am sure someone will come back about Abbey with more information for you, as I have no experience with them myself.

As soon as you receive your response, please let us know so we know where to take this, cheers hun and good luck.;)

Di

Thanks Di

So Abbey has to investigate my complaint as I've sent them the initial letter? Ie, they can't refuse to look into it because they haven't received the questionnaire, is this correct?

I didn't sent it recorded delivery because I was provided with a pre-paid envelope and thought that would suffice. I've got copies of everything I sent should I need to post the info again...

di3004

Alibear wrote: »

Thanks Di

So Abbey has to investigate my complaint as I've sent them the initial letter? Ie, they can't refuse to look into it because they haven't received the questionnaire, is this correct?

I didn't sent it recorded delivery because I was provided with a pre-paid envelope and thought that would suffice. I've got copies of everything I sent should I need to post the info again...

Hi there Ali
Yes they should still investigate your complaint anyway despite filling in that questionaire anyway, the questionaire I believe is just a stalling tactic that I note many of these companies tend to use now.

If you have copies of everything hun, just to be on the safe side re-post but by recorded delivery that way you can check this out on the Royal Mail Website "track and trace", they cannot deny this then because you have proof.;)

However if you want to wait for further info from someone else on here about your questionaire please do so.
If you have a copy of this and feel this is beneficial to your complaint, then only fill what you know and the ones your not certain about leave blank or write N/A.

Good luck !
Di

marshallka

andyrobbo wrote: »

Hi , I'm new to the forum so Hello all!
Basically I've started a claim against HSBC for a loan back in 2001 for £15500 x 60mths @ 9.9% APR. When I got the loan I was told that because of my age I HAD to take out PPI so I reluctantly agreed. It was a single premium arrangement when I signed the paperwork. I don't have any of the original paperwork so have no idea what the premium was. Based on the criteria listed on the website I feel that I do have a valid claim.
I've received a letter from HSBC saying they're investigating and will contact me in 4 weeks. 4 weeks are now up and nothing heard. The letter does say in some circumstances that they take upto 8 weeks but they will write to me to inform me of this.
Should I follow this up now or wait the 4 weeks extra before making noises?
Also does anyone have a clue what the PPI premium was likely to be?
Also I settled the loan earlier than planned when I remortgaged in 2003.
Advice/experiences welcomed.

Thanks
Andy

In the meantime Andy, you should request a copy of the agreement from them and you can write and ask for this to be sent. They have to provide it within 12 days and can charge £1 which some do. Don't forget to send this recorded delivery too.

marshallka

Alibear wrote: »

Hi everyone.

I posted here a few weeks ago when I'd just begun my PPI claims with HSBC and Abbey four weeks ago.

HSBC has just responded, saying they need another four weeks, which seems fine as they seem to be responding the same way to others on this website.

But I've got an issue with Abbey. They sent me a questionnaire, which I returned blank as I believe they should already have the info they were asking, along with a letter explaining why. This was three weeks ago. I called today for an update and they're saying they haven't received it, despite me posting it in the pre-paid envelope they provided me! The lady on the phone said she'd send another questionnaire to me, but I told her I wouldn't be filling it in, so asked wether it was worth her sending it. But what is more confusing is they've apparently sent a letter today, stating they're still investigating my complaint and need another four weeks - I'm very confused! Do you think I should wait till I get this letter and call them with a response to it? I might also throw in the fact HSBC seem to be handling a similar complaint much more efficiently and coherently. Has anyone else had similar problems with Abbey?

Any help or advice much appreciated!

Ali

I would reiterate your complaint and this time send it recorded delivery too. The questionaire would be one asking about what was in place at the time of getting the loan and if that was asked at the time then it would be of relevance but as this is after taking the loan out then I cannot see what relevance this has at all.

marshallka

LazyT wrote: »

Hi Di and Maxdp

I am about to start drafting my second stage letter to LLoydsTSB, and am going to include more information than the standard would include to try to aid my cause. As mentioned before, there are crosses and ticks all over my original contract that was only ever faxed to me, and signed by LloydsTSB's contact 4 days after my signature.

Just wanted to thank you both for your input, feel like a bit of a div working through all this!

Max, you mentioned to request SAR and telephone conversation etc, but I don't even know what one of those is! (i know it's nothing to with mobile phones frying your brain.....) Are they likely to have these??

Do you think I would be able to make reference to the fact that the money was in my account before they had even signed and entered into the contract? Or am i just clutching at straws?! I still don't believe this was discussed with me in numerous phone conversations with the contact from LTSB, who was only an advisor at my home branch as opposed to someone from the loans centre. All these little things make me think I've been had!

When you say it was font loaded, do you by it being single premium?

Thank you both again for your help - didn't know where else to go!

By the way, how quickly does this thread move! Went on at 8am yesterday and then lunchtime today and we're almost 15 pages away!

Cheers

Terry :beer:

edited to add, I was young and desperate at the time, and they bent over backwards to lend me 10k, saying that they should have only lent me around 1k because fo my credit rating, I only wanted to borrow 5 or so but they said the only way I could have my loan was if I took out 10k and paid off my credit card and overdraft......

forgot to put this the other day! What you think?

Yeah and not a lot about PPI either...:rotfl:

mackie96

di3004 wrote: »

Hi there hun

You go for it and don't let them put you off.
And yes no matter if your loan is settled or not you have every right to try and reclaim your money back plus interest.

If they fob you off again then that should be the final decision, you can then take your complaint to the financial ombudsman service.

Let us know when you hear and we will take it from there.
Good luck, and all they are trying to do is fob you off, at the end of the day you signed - yes but thought you had no choice.;)
They made out you had to take the ppi for being accepted for the loan.

If this was a phone sale, ask them to send you a copy of the recordings, if they say they are unable to do this without a subject access request, get back to us and we will get that on here for you.;)

Ring them and see what they have to say about the recordings.

Good luck
Keep us posted and keep it going.

Di

Thank Di3004.

The loan was not sold over the phone, we went to their local office and signed everything there. This questionaire we had to complete and sign was filled in by the sales person then handed to my husband to sign, 'as a formality'. (It's very obviously not either of our handwriting)

I have completed the letter, stating that the fact the loan is complete has no bearing on this request, and no claim was made on the ppi for the duration of the loan.

Will keep you updated. thanks again

Alibear

marshallka wrote: »

I would reiterate your complaint and this time send it recorded delivery too. The questionaire would be one asking about what was in place at the time of getting the loan and if that was asked at the time then it would be of relevance but as this is after taking the loan out then I cannot see what relevance this has at all.

Thanks, I think I might wait till I receive the letter they've supposedly sent today and respond to that. Hopefully I'll be able to point out the inconsistencies of how they're handling my complaint. That way they might just pay up to shut me up! Stranger things have happened.... Hmmmm :rolleyes:

dreamer33

Hi everyone

Just been catching up on the posts, postman been here to but no letters that I want lol

Hopefully yous will hear this week about yours?

Hubby off today so been doing a bit xmas shopping, wrapped them also to keep little eyes out of the bags hate wrapping and writing tags.

Thanks for passing my letters on xx