PPI Reclaiming discussion Part III

maxdp

pinknico wrote: »

To all you experts out there, if you receive a letter that is from the FOS that says they are asking the business for further information about the case does that mean it is in their jurisdiction ? Would they have checked this before approaching the company?
After all your stories I am paranoid!!

How long has it been with them. What I have had with FOS is that when you first send it in they seem to assess the paperwork to make sure it is all filled in OK and they have all information. I wonder if they at this time then send of for a SAR so the info is all there when it goes to the adjudicator.

HomeJames_3

HomeJames wrote: »

Thanks for your help Ive written my letter to A&L and sent an email and registered my claim via their telephone line. (ive had a busy evening) I took your advise and mentioned the previous loan and the fact that it was a consolidation. I even found the initial loan aggreement so fingers crossed and i will keep you up to date with how i get on. thanks again

I got a letter this morning from A&L saying thank you for taking the time to contact us and we are looking into the issue and will get back to me as soon as possible. They havent laughed at me and said no so still hopeful!!

maxdp

HomeJames wrote: »

I got a letter this morning from A&L saying thank you for taking the time to contact us and we are looking into the issue and will get back to me as soon as possible. They havent laughed at me and said no so still hopeful!!

Am sure they will not laugh at you but do not be disheartened if you get the usual fob off letter. We all do.:eek:

masmit

sarah7610 wrote: »

Hi, Over the last few weeks I have been writing to various lenders regarding misold PPI. (Black Horse, MBNA, Loans.co.uk and Retail Finance).
I have recieved a reply from Black Horse today which says:

When you discussed the loan application and Payment Protection Insurance with a member of our staff, you would have been provided with a leaflet summarising the key benefits and exclusions of the cover. That leaflet also confirmed cover was optional.

Only after you were given the opportunity to read the summary leaflet was the agreement document produced for signature.

The agreement document signed clearly shows that Payment Protection Insurance was purchased when entering into this agreement and shows the full cost of that policy. By signing this agreement, you confirmed that you had read, understood and accepted the terms and conditions of our agreement and wished to purchase Payment Protection as specified.

Futhermore, following our acceptance of the agreement, the full policy terms and conditions were automatically sent to you at your home address. As well as confirming the policy eligibility and exclusions, those terms also stated that if you were not entirely satisfied with the level of cover being provided, it could be cancelled in full and without cost by writing to us within 30 days of the date of the agreement. Having checked our records, no such request has been received.

In the absence of any documentary evidence in support of your claim, I regret to advise that we are unable to uphold your claim that the Payment Protection Policy was mis-sold. As the agreement with us is now settled and you have had the benefit of cover for the period of the agreement, no refund of the sums paid for Payment Protection Insurance will be made.

So, is that it or are they just trying to blind me with words and scare me off?

I don't ever remember reading the policy eligibility and exclusions but there's no way I could prove that as it was 5 years ago. I definately know I wasn't asked about my medical history because if I had been then I doubt they would have covered me anyway due to having cancer in 1993. Anyone who has suffered a life threatening illness will know it's almost impossible to get insurance.

I'm not sure where I stand now, can anyone help or should I just give up?

Thanks

Sarah

hi sarah,
i have sent letters in to blackhorse 1st letter back was same as yours common practice. i sent 2nd letter giving them 14 days to respond, no reply yet.its been 21 days, i have wrote another letter giving 7days to comply to my original letters before i take it further. i have asked for all documentation to all previous loans to which they have not acknoledged, it has been 30 days overall now, but im not giving up. this company mis-sold ppi using the must have tag to get the loan, all my loans were were joint, but only had ppi for myself. im behind on payment to my existing loan to which im in court for repossession in december. i have asked for this to be adjourned till my complaint has been resolved with blackhorse, because what they mis-sold me far exceeds what i owe them. so dont give up its just tactics used to put you off. there going to have one hell of a fight off me until i get back whats due. keep heads up everybody we will win in the end:beer:

pinknico

maxdp wrote: »

How long has it been with them. What I have had with FOS is that when you first send it in they seem to assess the paperwork to make sure it is all filled in OK and they have all information. I wonder if they at this time then send of for a SAR so the info is all there when it goes to the adjudicator.

I sent the forms filled in last week, I have never had such a quick reply!

I know it could be months before it gets to an adjudicator but this is a big bonus if it can be looked at ,I just dont want to get my hopes up and be told sorry we cant look into it Surely They wouldnt contact the company if it wasnt covered by them (FOS)

Duracellbunny_2

Hi

I am not sure if anyone can shed some light on this. I took out a personal loan with Lloyds TSB several years ago with the PPI (i believe 2002, for 5 years and the original amount was £5k). However for a couple of years in January (the bank ever so nicely of course!) encouraged me to refinance the loan so I did in the following 2 januarys that followed. The overall loan I think came to £8k by the time I finished paying it off last year. My question is which of the 'ppi's on the loan(s) I have had be the one that I go after? I think I received a letter every time I refinanced the loan advising the ppi and if there was any reimbursement but will obviously have to check all the details this weekend. Would it still be viable for me to go after it if I have refinanced it a couple of times, I mean is there some clause that will get the bank/provider out of this claim because of this? I am confused!

Thanks!

PS I am not sure if I have posted this onto the right part of the ppi discussion-sorry if not!

maxdp

masmit wrote: »

hi sarah,
i have sent letters in to blackhorse 1st letter back was same as yours common practice. i sent 2nd letter giving them 14 days to respond, no reply yet.its been 21 days, i have wrote another letter giving 7days to comply to my original letters before i take it further. i have asked for all documentation to all previous loans to which they have not acknoledged, it has been 30 days overall now, but im not giving up. this company mis-sold ppi using the must have tag to get the loan, all my loans were were joint, but only had ppi for myself. im behind on payment to my existing loan to which im in court for repossession in december. i have asked for this to be adjourned till my complaint has been resolved with blackhorse, because what they mis-sold me far exceeds what i owe them. so dont give up its just tactics used to put you off. there going to have one hell of a fight off me until i get back whats due. keep heads up everybody we will win in the end:beer:

Hi Sarah

They have 8 weeks to comply with your request for information:D

maxdp

pinknico wrote: »

I sent the forms filled in last week, I have never had such a quick reply!

I know it could be months before it gets to an adjudicator but this is a big bonus if it can be looked at ,I just dont want to get my hopes up and be told sorry we cant look into it Surely They wouldnt contact the company if it wasnt covered by them (FOS)

Am sure it will be fine . Perhaps they just need clarification on some points. .

maxdp

Duracellbunny wrote: »

Hi

I am not sure if anyone can shed some light on this. I took out a personal loan with Lloyds TSB several years ago with the PPI (i believe 2002, for 5 years and the original amount was £5k). However for a couple of years in January (the bank ever so nicely of course!) encouraged me to refinance the loan so I did in the following 2 januarys that followed. The overall loan I think came to £8k by the time I finished paying it off last year. My question is which of the 'ppi's on the loan(s) I have had be the one that I go after? I think I received a letter every time I refinanced the loan advising the ppi and if there was any reimbursement but will obviously have to check all the details this weekend. Would it still be viable for me to go after it if I have refinanced it a couple of times, I mean is there some clause that will get the bank/provider out of this claim because of this? I am confused!

Thanks!

PS I am not sure if I have posted this onto the right part of the ppi discussion-sorry if not!

Hi Duracell

I would advise you you challenge the PPI on all three Loans. Be aware that although you may have had a rebate from the first PPI the amount you paid would also be included in your second and third loans.

Write off to them giving details of all three loans. Download the letter on the Red Tab CLAIM £1000 and send £10.00 off to them to get a full SAR.

Letter supplied by Laini set out below
Maybe you could request a subject access request from them for £10. This is all the information that they hold on you and they have to comply in 40 days. This would then give you some idea as if you actually wanted the PPI or not perhaps...

There is a template letter here. Send it recorded delivery so you have a proof and wait for the 40 days.

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

Also you could take a look here to see if you have any other reasons too

http://www.moneysavingexpert.com/rec...loan-insurance

Good Luck

:T

dreamer33

pinknico wrote: »

To all you experts out there, if you receive a letter that is from the FOS that says they are asking the business for further information about the case does that mean it is in their jurisdiction ? Would they have checked this before approaching the company?
After all your stories I am paranoid!!

Hi pinknico

Let me ease your worries, I sent a letter to fos about ff they responded right away to say not in our jurisdiction can't help.

They would have wrote to you by now I think if it wasn't covered by fos. It appears to be in their jurisdiction as they are asking the business for further info.

Bless you pinknico and don't worry to much about it x