PPI Reclaiming discussion Part III

di3004

pinknico wrote: »

Got a bit over excited with my win:D

I am sooooooo happy for you Pinknico sweetie, it feels like I've won as well......lol.:j :j :T , and good for you hun, you deserve this and more and I now wish the others to follow "onwards & upwards".:T :beer: :j

marshallka

This is what section 78 says

78.
Duty to give information to debtor under running-account credit agreement.
— (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—
(a)
the state of the account, and

(b)
the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)
the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.


(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

(3) Subsection (1) does not apply to—
(a)
an agreement under which no sum is, or will or may become, payable by the debtor, or

(b)
a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.


(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—
(a)
showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

(b)
where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.


(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

(6) If the creditor under an agreement fails to comply with subsection (1)—
(a)
he is not entitled, while the default continues, to enforce the agreement; and

(b)
if the default continues for one month he commits an offence.


(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement.

maxdp

marshallka wrote: »

Yeah, just read this for anyone maybe wanting a little more than their PPI back....

A request made pursuant to s77/78 CCA 1974 leaves the lender able to send you a document that is not an exact copy of the original agreement. Thus if the original agreement was defective the lender may hide such defects with a “True Copy”.

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

Hi I have had same problem with Lloyds Business overdraft. When I cancelled it and asked what it was they sent me a "copy" of the original letter and agreement. Well I know you will be surprised but it was not the same as the original which I happened to find in the loft;) They had taken out who sold the PPI etc. The terms and conditions they sent were current and they thought I would fall for it. I think not:rotfl: Have sent that as further evidence in a case I am residing over at the moment:eek::rotfl::rotfl::rotfl::rotfl:

marshallka

di3004 wrote: »

Marshallka, I am still waiting for the document from HFC/Endeavour, I will check the date they received my request for this, but it must be 12 days now, or at least coming, up, but I know the xmas posting will be to blame:rolleyes: , because I have not even returned the docs back to the FOS yet waiting for that, do you think its worth waiting or send that on afterwards??

Don't want to make anything else more complex.....:o

You only requested a copy of the PPi policy so there is no time limit I would not have thought on this one.

di3004

marshallka wrote: »

You only requested a copy of the PPi policy so there is no time limit I would not have thought on this one.

Do you think I should wait for that to enclose it with the complaint form to be returned to the FOS?
Want to know what will be in it that interests me, I will have to get email it to Maxdp to you when it does arrive.:D

So if there is no time limit on this, I may never receive it then? :rolleyes:

di3004

The PPI policy request was received to them according to the tracking by Royal mail on the 6th Dec 08..... , think I will send them a nudgie email......:rolleyes:

pinknico

di3004 wrote: »

I am sooooooo happy for you Pinknico sweetie, it feels like I've won as well......lol.:j :j :T , and good for you hun, you deserve this and more and I now wish the others to follow "onwards & upwards".:T :beer: :j

Thanks Di, your support means an awful lot:A

As does the support of the rest of the posters, Marshallka, Max, to name but a few. xxxxx;)

di3004

pinknico wrote: »

Thanks Di, your support means an awful lot:A

As does the support of the rest of the posters, Marshallka, Max, to name but a few. xxxxx;)

Bless you hun and the same here, you have been marvellous hun.:T :A . X

marshallka

maxdp wrote: »

Hi I have had same problem with Lloyds Business overdraft. When I cancelled it and asked what it was they sent me a "copy" of the original letter and agreement. Well I know you will be surprised but it was not the same as the original which I happened to find in the loft;) They had taken out who sold the PPI etc. The terms and conditions they sent were current and they thought I would fall for it. I think not:rotfl: Have sent that as further evidence in a case I am residing over at the moment:eek::rotfl::rotfl::rotfl::rotfl:

Yeah this is very annoying for me at the moment as the FOS have said another few months and then my 6 years are up for taking this to the courts etc. I have a lot more going on than the PPI and I have said to the FOS that if my terms and conditions for the PPI are found to be "unfair terms" then surely as the PPI was part of the agreement:rolleyes: then that would deem the whole loan agreement unfair. I wrote this to the Ombudsman but got a reply back stating that they were not able to answer

I was wondering if you could please answer my query here.

I had a claim in for an unfair rebate against a PPI policy and have now been told by the Ombudsman that this type of complaint has to be made to the insurer and not the lender.

I wanted to ask your advice on this

If you are sold PPI alongside a loan and it included in the same agreement then your right of cancelling the agreement from the date of signature are 7 days.Please be aware that this agreement was entered into in January, 2000 an ended in April, 2003.

Now I have been reading that your right by law of cancelling a PPI policy are 14 days and 30 days if it included life insurance too. Has this always been the case in cancelling a PPI policy..or was it just since 2005 and we had no rights of cancellation before that date... I need this to be precise.

From when you sign the agreement which is the date that the policy begins to take affect you have waivered your rights of the cancellation of the PPI policy laws as for you to cancel after 7 days you would have to rely on the lender being nice and kind and allowing it as you have already contracted to the loan of the PPI through a credit agreement that is binding,

Where do you stand on this. Also if you have a contract of a PPI policy (not the agreement) and you find a term in the policy to be unfair and take the case to the Ombudsman and it is upheld through the insurer then does that make the agreement of the whole loan and PPI unfair too as without that term added then the agreement would not have been able to survive. Where would this then lie as the agreement is between yourself and the lender and not the insurer...

Toffee_Penny

Hi guys! :beer:

Received a letter today from MBNA saying they are looking into complaint and will respond within 28 days. I'm glad it wasn't a 'NO' just yet it sort of keeps the hope alive over Christmas! :rolleyes:

After reading through the success and failures thread it got me thinking about my own situation. So I wanted to ask 'the experts' advice on here about my own ppi on my loan and credit card. My loan is with Lloyds and credit card with Capital One.

I am working and was when I applied and accepted for both, I work for the local council which I hope means if I had an accident or was sick I would receive some kind of pay from work. I also had one of those endownment assurance policies from CIS at the time too which had life cover.

When I banked at Lloyds TSB I was at the counter and the cashier asked if I could spare a few minutes as the advisor?? would like to speak to me to see if they could save me any money on house insurance. I went into a room with the advisor and she offered me a loan there and then.

The same advisor also sold me a Scottish Widows life policy worth £50,000. At the time I accepted because when she asked me what my family would do if I died, I just laughed and said who cares I'll be dead. I remember her convincing me that this policy was the bees knees and made me go on a guilt trip about how my family wouldn't be able to afford a funeral etc.

Stupid me signed on the dotted line BUT after consideration at home and realisation that I didn't want this policy I managed to cancel straight away. My point is this lady was very good, she sold a life insurance policy to someone who already had one. I don't like to think I am niaive but in this instance my financial sense went out the window. I admit I didn't have a clue.

A few years into the loan I had the usual letter offering me a 'top up'. Being in debt and blinded that it will all go away if I consolidated it all I called and was accepted for the loan. PPI was included in it but I really can't say one way or the other if I was asked about this. The first time in the branch I was but I didn't know what it was if I am honest

As for the Capital One credit card thinking back I really don't think I have ever asked for ppi, I just thought it was part of the 'deal'. I didn't really begin to get clued up on ppi until I discovered this site.

So what can I do? Do you think I am trying it on? Well ok I'll admit I suppose I am in a way, I never knew about the ins and outs of ppi until I found this site. I admit I was daft and not as financially savvy as I am now. BUT if I was already adequately covered from work with accident and sickness then should I have had ppi?

What should I do honestly?

your comments will be appreciated (good or bad)

thank you