PPI Reclaiming discussion Part III

marshallka

fedupwiththeworry wrote: »

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

I would think the 3rd party would be able to help with that one for you...

maxdp

marshallka wrote: »

Maxdp, how are your claims going with the unmentionables.??? Any updates yet...?;)

Hi Marshallka. Not at the moment still waiting to hear. Fingers crossed. Will let you know if and when I hear anything.:D

marshallka

pinknico wrote: »

Just got my cheques from Mint and one I cant name(!) :beer:

Now have to wait for them to clear:rolleyes:


Still :j :money: !!!

Great news pinknico...:j :beer:

marshallka

juliedawn wrote: »

exactly.Why have insurance for a loan we didn't have.

Juliedawn, I would take a look into the misselling side of things here. Its sounds like you knew nothing about it being a single premium etc.

MikeysGirl

maxdp wrote: »

Hi this sound like an advised non-advised sale:eek:. Anyway it may have been that the box was pre ticked and you had to opt out the insurance. Do you have a copy of the original agreement?

Hi Max,
yes they enclosed a copy of the application form - it's just a box to sign if you want the account cover.
Sounds like they have a point

Ani

Lessard

maxdp wrote: »

I do not think you are being at all suspicious. Be very careful. They are trying to see if it was an advised or non-advised sale etc. It is getting more normal for the questionnaire to be sent out. If you do not want to answer the form per se, write it out in your own words or if you feel you have covered it in your original letter refer them back to that. Ask them for copies of the agreement etc. Did you send £10.00 off and ask them for a SAR?

Also make sure that your signature is slightly different that usual as some companies have been scanning signatures onto agreements etc. So please be careful.:eek:

Thanks for the reply.

It was all done over the phone and I was then sent a form to sign - does that strengthen my case or weaken it? I remember saying to the people on the phone that I didn't want to have insurance, but was specifically told that if I didn't take the insurance then I couldn't get the loan, etc.

Unfortunately I no longer have any of my paperwork, but I was able to provide the full loan account numbers to this company.

Does it hurt my case if I ask for copies of the agreement? Since they'll then know I don't have them.

What exactly is the SAR you mentioned?

I don't think I'm going to fill in any of the questionnaire at this point. I'm inclined to send a 2nd letter to them (again via recorded delivery) explaining that they should hold all the information in their records to allow them to investigate my complaint fully.

Natalie6999

I have had another standard letter from M & S Money asking for four weeks to deal with my stage 2 letter, do I wait for the four weeks or contact fos as it will be eight weeks on Saturday since I sent my first letter.

Any ideas/advice?

juliedawn_2

marshallka wrote: »

Juliedawn, I would take a look into the misselling side of things here. Its sounds like you knew nothing about it being a single premium etc.

Yes.Also alot of it is to do with the fact that we had the insurance still running and paid for after settling the loan.

marshallka

Natalie6999 wrote: »

I have had another standard letter from M & S Money asking for four weeks to deal with my stage 2 letter, do I wait for the four weeks or contact fos as it will be eight weeks on Saturday since I sent my first letter.

Any ideas/advice?

You only have to give 8 weeks from the first letter natalie.;)

marshallka

juliedawn wrote: »

Yes.Also alot of it is to do with the fact that we had the insurance still running and paid for after settling the loan.

Well if they are found to have missold to you anyway then you would get it all back including what you have already paid.

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