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PPI Reclaiming discussion Part III

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  • di3004
    di3004 Posts: 42,579 Forumite
    Hi,

    Hope someone can give me some advice.

    I'm currently attempting to claim back ppi via a 3rd party company (who claim costs from the other side) on a loan where I am behind on payments. The loan has been assigned to a DCA who are chasing me although they are aware I am in dispute with the lender.

    Is there a legal position I can quote the DCA whereby because I am in dispute with the lender they can hold off chasing me until resolution ? The amount I am claiming would pay off the loan in full.

    Thx in advance

    Hi there hunni
    Write to them to tell them you are currently dealing with this but require more time, not to forget the "Queens Speech", about "treating customers more fairly", there should be a write up about this hun on google search.
    Think this may count for everything now.;)

    Hopeully someone will come along to give some help on this one for you hun good luck.

    Di
    x
    The one and only "Dizzy Di" :D
  • maxdp
    maxdp Posts: 3,873 Forumite
    dreamer33 wrote: »
    Hi everyone

    Hope everyone is okay.

    Yesturday I went to pick up kiddies at school and got a call from my mam, my step-dad had a heart attack.

    He is in hopsital now and doing ok that goodness, we all got a big shock:eek: :eek:

    Dreamer. Am so sorry, that must have been a shock. Glad dad is OK in Hospital. Lets hope he continues to improve.;)
    :mad:
  • maxdp
    maxdp Posts: 3,873 Forumite
    Hi,

    Hope someone can give me some advice.

    I'm currently attempting to claim back ppi via a 3rd party company (who claim costs from the other side) on a loan where I am behind on payments. The loan has been assigned to a DCA who are chasing me although they are aware I am in dispute with the lender.

    Is there a legal position I can quote the DCA whereby because I am in dispute with the lender they can hold off chasing me until resolution ? The amount I am claiming would pay off the loan in full.

    Thx in advance

    Basically no there is not. You must not default on the payments. Hopefully it should not be too long before it is settled.:D
    :mad:
  • masmit
    masmit Posts: 146 Forumite
    Hi,

    Hope someone can give me some advice.

    I'm currently attempting to claim back ppi via a 3rd party company (who claim costs from the other side) on a loan where I am behind on payments. The loan has been assigned to a DCA who are chasing me although they are aware I am in dispute with the lender.

    Is there a legal position I can quote the DCA whereby because I am in dispute with the lender they can hold off chasing me until resolution ? The amount I am claiming would pay off the loan in full.

    Thx in advance
    hi fedup,
    i have had the same problem & have been to court, when i asked legal advise about this situation, i was told it is two separate issue's. you have signed an agreement to pay, so the law is on there side to collect money owed. as for your claim for miss-selling of PPI they will not acknoledge this against your arrears. sorry its not the news you were hoping for, but when you win your claim for miss-selling hopefully you get back all costs incurred, because they actually owed you.
    hope this helps
  • maxdp
    maxdp Posts: 3,873 Forumite
    juliedawn wrote: »
    we took out a secured loan in 2004 with first national and paid it off 18 months later.Last month we recieved a letter telling us that our insurance was about to expire.I can honestly say i can't even remember having it .i phoned them to ask for a statement .The PPI was added to the loan at the start.When we apid the loan off the PPI was still on the settlement figure.Do i have a case in that we should of been given a refund for the last 3 and a half years we . didn't have the loan?

    Hi Julie

    I presume this was a single premium policy. So the PPI was put on the loan at the beginning plus Interest. You should have had a refund if you settled early . Did they send you any settlement figures you could post on here.

    If you feel you have been miss-sold e.g. you did not know that you had taken this out then you could claim it back. Go to the home page look on the Red tab claim back 1000's and it will take you through the process.

    If you get stuck post again on here and somebody will try to help you.;)
    :mad:
  • di3004
    di3004 Posts: 42,579 Forumite
    juliedawn wrote: »
    we took out a secured loan in 2004 with first national and paid it off 18 months later.Last month we recieved a letter telling us that our insurance was about to expire.I can honestly say i can't even remember having it .i phoned them to ask for a statement .The PPI was added to the loan at the start.When we apid the loan off the PPI was still on the settlement figure.Do i have a case in that we should of been given a refund for the last 3 and a half years we didn't have the loan?

    Hi there
    If you still have your loan documents, please do you think you could check them to see if they were covered by GISC at the time, the FSA had taken over them afterwards in Jan 2005, this then if your not successful can be moved on to the Financial ombudsman services who will be able to investigate further for you, but only if they were covered by the above regulators.;)


    However, you may still be successful by writing to the company first and complain, check this out here:
    http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

    This link has more PPI info and if any of those reasons apply to you then write to them with your own reasons and as much info as possible to back your complaint, there is also a template you can use on the link, they have 8 weeks to respond in full.

    Let us know the outcome of this and we can take it from there if required, good luck and post by recorded delivery for your proof and to keep a check on the 8 weeks they have to respond.;)

    Di
    x
    The one and only "Dizzy Di" :D
  • pinknico
    pinknico Posts: 3,261 Forumite
    Hello juliedawn, if you didn't know you had the policy then you can make a complaint for mis sold. Also if the loan was paid of what was the PPI covering?!
    DS1 12/10/04
    DS2 13/07/06
    DD1 06/12/07
  • pinknico
    pinknico Posts: 3,261 Forumite
    Just got my cheques from Mint and one I cant name(!) :beer:

    Now have to wait for them to clear:rolleyes:


    Still :j :money: !!!
    DS1 12/10/04
    DS2 13/07/06
    DD1 06/12/07
  • Hi All,

    thought i'd jump on the bandwagon and have a go at this PPI reclaim lark (nothing ventured, nothing gained).
    I've just had my first knock back from GE Capital for an Evans storecard which i'm also looking to cancel (haven't used it in an age!).

    The points they detailed for refusing all sound valid so i just wanted to check how i would i know if they are just spinning me a line. Basically, should i fish or cut bait?

    1) I changed my name a couple of years ago (divorce woop woop!) so they won't touch anything til i've officially changed with them.

    2) They say the FSA fine only relates to PPIs purchased after 14/01/2005 (i've had the card since 1998) - i don't think that has anything to do with it!

    3) Because i signed a box on the form that said 'Account Cover (only sign this box if you require Account Cover) - the form was completed in the shop and i signed where i was told to, but how do i prove it?

    hope you more experienced MSEs can advise me :)

    Thanks,
    Ani
  • dreamer33
    dreamer33 Posts: 1,475 Forumite
    Hi,

    Hope someone can give me some advice.

    I'm currently attempting to claim back ppi via a 3rd party company (who claim costs from the other side) on a loan where I am behind on payments. The loan has been assigned to a DCA who are chasing me although they are aware I am in dispute with the lender.

    Is there a legal position I can quote the DCA whereby because I am in dispute with the lender they can hold off chasing me until resolution ? The amount I am claiming would pay off the loan in full.

    Thx in advance

    You could try quoting this:

    Physical/psychological harassment
    2.5 Putting pressure on debtors or third parties is considered to be oppressive.
    2.6 Examples of unfair practices are as follows:
    a. contacting debtors at unreasonable times and at unreasonable intervals
    b. pressurising debtors to sell property, to raise funds by further
    borrowing or to extend their borrowing
    c. using more than one debt collection business at the same time
    resulting in repetitive and/or frequent contact by different parties
    d. not ensuring that an adequate history of the debt is passed on as
    appropriate resulting in repetitive and/or frequent contact by different
    parties
    e. not informing the debtor when their case has been passed on to a
    different debt collector
    f. pressurising debtors to pay in full, in unreasonably large instalments,
    or to increase payments when they are unable to do so
    g. making threatening statements or gestures or taking actions which
    suggest harm to debtors
    h. ignoring and/or disregarding claims that debts have been settled or are
    disputed and continuing to make unjustified demands for payment
    i. disclosing or threatening to disclose debt details to third parties unless
    legally entitled to do so
    j. acting in a way likely to be publicly embarrassing to the debtor either
    deliberately or through lack of care, for example, by not putting
    correspondence in a sealed envelope and putting it through a letterbox,
    thereby running the risk that it could be read by third parties

    Hope it can help you
    :wave:
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