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PPI Reclaiming discussion Part III

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  • marshallka
    marshallka Posts: 14,585 Forumite
    maxdp wrote: »
    Hi am not sure about this cause have not been keeping an eye and whether anybody has replied before. Marshallka is our expert on here and am sure she will understand your figures. Can I ask when you paid the reduced amount could you have claimed on your PPI Insurance for this. Have you ever claimed on your PPI during the times of the Loans?

    This looks like unfair rebate to me instead of just reclaiming PPI.

    As I say am sure Marshallka will have a look so keep an eye on here and she will get back to you.;)
    Maxdp, I cannot sort these out without all the details of how much the PPI was how much against the PPI in the interest rebate etc... and also how much PPI rebate was received. They are not straight forward as I found out. I wish Tiggrae would come back on and tell me how she gets double what I got on mine...:confused: . I have backed the co-op figures with just the loan etc and they are right so would be really keen to ask tiggrae how she gets her amounts back for her clients..
  • mar1e
    mar1e Posts: 58 Forumite
    marshallka wrote: »
    Maxdp, I cannot sort these out without all the details of how much the PPI was how much against the PPI in the interest rebate etc... and also how much PPI rebate was received. They are not straight forward as I found out. I wish Tiggrae would come back on and tell me how she gets double what I got on mine...:confused: . I have backed the co-op figures with just the loan etc and they are right so would be really keen to ask tiggrae how she gets her amounts back for her clients..

    Hi Marshallka
    Sorry for the confusion Max was replying to a post I put up earlier. I put all the figures up that I got today from 1st plus.

    Marie
    PAD Jan 09 = £82 feb 09 = £5
    NSD Dec 08 10/10, Jan 09 10/10 Feb 09 0/10
    Sealed pot #394 2009 £10.50/£500
  • marshallka
    marshallka Posts: 14,585 Forumite
    mrssloan wrote: »
    Hi Marshallka
    Sorry for the confusion Max was replying to a post I put up earlier. I put all the figures up that I got today from 1st plus.

    Marie
    Hiya Maie, i wouldn't like to have to guess at this one as I have one myself with them and tiggrae who used to come on here (she did claims for a living:confused: ) did mine for me and Di's for her and they are both soooo wrong. I will try and take a look later but don't hold out much hope of getting it right as I always used tiggraes method.
  • maxdp
    maxdp Posts: 3,873 Forumite
    marshallka wrote: »
    Maxdp, I cannot sort these out without all the details of how much the PPI was how much against the PPI in the interest rebate etc... and also how much PPI rebate was received. They are not straight forward as I found out. I wish Tiggrae would come back on and tell me how she gets double what I got on mine...:confused: . I have backed the co-op figures with just the loan etc and they are right so would be really keen to ask tiggrae how she gets her amounts back for her clients..

    Quite agree different people claim different things.

    Was not sure that posts had not been on here before that I had missed.
    :D
    On the tax thing can you get your husband to sign over the refund to you so that you can use that against your income allowables. Cause if yours is not used up then if they insist etc then surely it can be passed through to you. Do you see what I mean:confused:
    :mad:
  • Can anyone advise please? I sent an email to Future Mortgages a week or so ago and have received a letter from them today saying that we took the loan/second mortgage out via a broker and to contact them regarding PPI. What's the procedure now?
  • maxdp
    maxdp Posts: 3,873 Forumite
    mrssloan wrote: »
    Hi Marshallka
    Sorry for the confusion Max was replying to a post I put up earlier. I put all the figures up that I got today from 1st plus.

    Marie

    Sorry Mrssloan That was me confusing stuff. I do apologise:D
    :mad:
  • marshallka
    marshallka Posts: 14,585 Forumite
    maxdp wrote: »
    Marshallka

    Have not heard about Tax on stat interest before. With my unmentionables which include interest and stat I was told that it would not be included in my income and that if there was problems with Bankruptcy etc they would hold the money in an account as it was not counted as income. By saying this it would mean that it was not included in my assets:confused:So am confused as to why this is being stated. If you get money back for injury compensation etc would you pay tax on this if there was interest etc. Do not know if this is the same but is confusing. Perhaps what we need to be doing is claiming 8% plus 20% of total to cover Tax:rolleyes:
    Have a read here from this
    http://www.hmrc.gov.uk/bulletins/tb72.pdf
    We understand however that payers may offer compensation
    based on one of a number of formulas approved by the
    Financial Ombudsman Service and similar bodies, according
    to the circumstances of the claim. While detailed approaches
    may vary, we understand that the broad aim is to put
    investors back in the position they would have been in had
    they not bought, or put money into, the product. One way of
    doing this is to refund the premiums (or other amounts) paid
    by the investor together with an additional amount to
    compensate for the time he or she did not have use of the
    money.
    Where this approach is adopted, we consider there can be
    little doubt that the additional payment is interest. The
    hallmarks of interest discussed above are present. It is
    calculated by reference to a sum of money which the investor
    is entitled to be repaid, and compensates him or her for
    being deprived of the use of that money.
    Where other methods are used, the tax treatment of any
    enhancement element will depend on whether the
    characteristics of interest are present. There is further
    guidance on the meaning of interest in the Inland Revenue’s
    Inspectors’ Manual (IM1500 to IM1507) which is available on
    our website. Where a payment fits the description of interest,
    it will normally be paid net of income tax by the company
    paying the compensation. However, whether or not tax is
    deducted, the interest is still taxable and should be included
    on the recipient’s Self-Assessment (SA) Return. A recipient
    who does not normally receive an SA Return should tell his
    or her tax office about any untaxed interest.
    Ex-gratia or voluntary payment: It is sometimes suggested
    that an interest addition is not taxable because it, or the
    compensation on which it is calculated, is paid “
    ex-gratia” or
    voluntarily. We accept that a truly voluntary payment cannot
    be interest, even if described as such, because the essential
    feature of an entitlement to it is absent. In practice, however,
    we consider it will be extremely rare for any payment arising
    from claims that a financial product has been mis-sold to be
    truly voluntary, since the redress is given in consideration of
    the complainant giving up a right of action.

  • marshallka
    marshallka Posts: 14,585 Forumite
    Can anyone advise please? I sent an email to Future Mortgages a week or so ago and have received a letter from them today saying that we took the loan/second mortgage out via a broker and to contact them regarding PPI. What's the procedure now?
    You need to contact the broker now.

    Just take a look at the link here and see what you can add and delete from the template letter. Its always best to do your own from this. There are lots of reason on there for the misselling so pick out the ones that are applicable to yours.

    You then write to the firm that actually made the sale of the PPI to you if this is different from the lender and don't forget to send this recorded delivery so you always a proof and dates etc.

    After that you have to give them 8 weeks for a full and final response. In this time it is usual to get a response of "sorry we sold this to you fairly" but you then respond to this and reiterate your complaint again. The next time they write they either give you a final response which you would need in order to take this complaint to the FOS or offer to settle.

    http://www.moneysavingexpert.com/rec...urance#reclaim


    Good luck
  • marshallka
    marshallka Posts: 14,585 Forumite
    maxdp wrote: »
    Quite agree different people claim different things.

    Was not sure that posts had not been on here before that I had missed.
    :D
    On the tax thing can you get your husband to sign over the refund to you so that you can use that against your income allowables. Cause if yours is not used up then if they insist etc then surely it can be passed through to you. Do you see what I mean:confused:
    Mine was purely a goodwill payment and this is what HMRC say about ex gratia or goodwill payments

    Ex-gratia or voluntary payment: It is sometimes suggested
    that an interest addition is not taxable because it, or the
    compensation on which it is calculated, is paid “
    ex-gratia” or
    voluntarily. We accept that a truly voluntary payment cannot
    be interest, even if described as such, because the essential
    feature of an entitlement to it is absent. In practice, however,
    we consider it will be extremely rare for any payment arising
    from claims that a financial product has been mis-sold to be
    truly voluntary, since the redress is given in consideration of
    the complainant giving up a right of action.
  • maxdp
    maxdp Posts: 3,873 Forumite
    marshallka wrote: »
    Have a read here from this
    http://www.hmrc.gov.uk/bulletins/tb72.pdf
    We understand however that payers may offer compensation
    based on one of a number of formulas approved by the
    Financial Ombudsman Service and similar bodies, according
    to the circumstances of the claim. While detailed approaches
    may vary, we understand that the broad aim is to put
    investors back in the position they would have been in had
    they not bought, or put money into, the product. One way of
    doing this is to refund the premiums (or other amounts) paid
    by the investor together with an additional amount to
    compensate for the time he or she did not have use of the
    money.


    Where this approach is adopted, we consider there can be
    little doubt that the additional payment is interest. The
    hallmarks of interest discussed above are present. It is
    calculated by reference to a sum of money which the investor
    is entitled to be repaid, and compensates him or her for
    being deprived of the use of that money.
    Where other methods are used, the tax treatment of any
    enhancement element will depend on whether the
    characteristics of interest are present. There is further
    guidance on the meaning of interest in the Inland Revenue’s
    Inspectors’ Manual (IM1500 to IM1507) which is available on
    our website. Where a payment fits the description of interest,
    it will normally be paid net of income tax by the company
    paying the compensation. However, whether or not tax is
    deducted, the interest is still taxable and should be included
    on the recipient’s Self-Assessment (SA) Return. A recipient
    who does not normally receive an SA Return should tell his
    or her tax office about any untaxed interest.
    Ex-gratia or voluntary payment
    : It is sometimes suggested
    that an interest addition is not taxable because it, or the
    compensation on which it is calculated, is paid “
    ex-gratia” or
    voluntarily. We accept that a truly voluntary payment cannot
    be interest, even if described as such, because the essential
    feature of an entitlement to it is absent. In practice, however,
    we consider it will be extremely rare for any payment arising
    from claims that a financial product has been mis-sold to be
    truly voluntary, since the redress is given in consideration of

    the complainant giving up a right of action.
    So you should be OK but you can still ask them to pay it to you if your husband signs it over surely? Then you would not be liable because you have not earnt enough. I am just thinking to cover you in the future just in case they then look into things and think differently.:confused:

    Because I am sure the banks will be passing all info over to the tax office.
    :mad:
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