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PPI Reclaiming Discussion part 4

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Comments

  • di3004
    di3004 Posts: 42,579 Forumite
    CJJS wrote: »
    Thanks di3004 and Marksman for encouragement and advice. I think we'll give this a go :)


    Your very welcome, fingers crossed.;)
    The one and only "Dizzy Di" :D
  • The_Marksman
    The_Marksman Posts: 1,712 Forumite
    CJJS wrote: »
    Thanks di3004 and Marksman for encouragement and advice. I think we'll give this a go :)

    your welcome and if you get stuck you only have to ask! and our resident expert Di will be here to help lol:D
    :p:D:p Perfer et obdurai dolor hic tibi proderit olim :p:D:p
  • donda
    donda Posts: 60 Forumite
    Hi everyone
    just a bit of advice required, been it touch with yorkshire bank and have been told my claim is with their calculations team, she would not say what the outcome was, anyone had this, also aa loans still not investigated my claim been in since 10th october any ideas anyone
  • di3004
    di3004 Posts: 42,579 Forumite
    donda wrote: »
    Hi everyone
    just a bit of advice required, been it touch with yorkshire bank and have been told my claim is with their calculations team, she would not say what the outcome was, anyone had this, also aa loans still not investigated my claim been in since 10th october any ideas anyone


    Hi donda

    Hope this means good news for you then, normally if its an upheld case it does go through the calculations team to what I know of.

    Keep chasing them, and if you can get hold of the email addresses of the Chief Exectutive officers (CEO) (Managing Director of the business) contact them as well, they normally hand down the query to the Customer service team to deal with matters more promptly, good luck.
    The one and only "Dizzy Di" :D
  • donda
    donda Posts: 60 Forumite
    Cheers Di
    hope youre right its been a long time coming, will keep you informed, you are a gem
  • di3004
    di3004 Posts: 42,579 Forumite
    donda wrote: »
    Cheers Di
    hope youre right its been a long time coming, will keep you informed, you are a gem


    Its my pleasure, fingers crossed.:)
    The one and only "Dizzy Di" :D
  • marshallka
    marshallka Posts: 14,585 Forumite
    beamerguy wrote: »
    Mis-selling or Fraud ????

    By putting so much money aside for pending claims, the banks have self admitted they have been mis selling PPI's

    Depending how you were mis-sold, will depend on what action you can take against the banks. Most, if not all the mis-selling is actually covered by the Fraud Act 2006

    Fraud by false representation

    (1)A person is in breach of this section if he—

    (a)dishonestly makes a false representation, and

    (b)intends, by making the representation—

    (i)to make a gain for himself or another, or

    (ii)to cause loss to another or to expose another to a risk of loss.

    (2)A representation is false if—

    (a)it is untrue or misleading, and

    (b)the person making it knows that it is, or might be, untrue or misleading.

    I am sure you will find in the above sections something that is applicable to your own circumstances

    HAVE THE BANKS DAMAGED YOU ?
    You were sold a PPI and you accepted in good faith with the knowledge that you were covered and, should you not be able to pay your loan or credit card, payments would be made. The mis-selling for most people meant Fraud by false representation.
    The PPI that you accepted formed a contract between you and the lender, not just the PPI, but the loan itself, the two go hand in hand together. Suffice to say that had the lender actually told you the truth, you would never had taken out the loan or credit card.

    So, because the PPI claim was refused, you could not afford to pay your loan or credit card.
    The banks sent you a so called "final response" letter and then instructed debt collectors to contact you. Despite you claiming that you had a valid claim, the debt collectors harassed you and no doubt in the end placed a bad report on your credit file ??

    All because the Banks lied to you in the first place. They seemed at one point to have it all their own way, NOT ANY MORE
    If your Bank damaged you as the result of their deception and lies, YOU MUST NOW CLAIM DAMAGES AGAINST THEM.

    1: HARASSMENT: Unleashing debt collectors upon you causing harassment and stress. CLAIM FOR DAMAGES
    2: ATTEMPTING TO DESTROY YOUR GOOD NAME AND CREDIT FILE. CLAIM FOR DAMAGES

    Make it clear to your bank(s) that you are charging them with Fraud under the Fraud Act 2006 which is a criminal offence.

    Do not let them fob you off, they will try as this is the "back street trading method" they use. Always send your letter to the CEO, you can get the names from the internet. Mark it for his private and personal attention.
    The header of the letter should state, CLAIM FOR COMPENSATION
    Then list your claim as outlined above. Send your letter by NEXT DAY DELIVERY so you get a signature.

    If you are still receiving letters from debt collectors, just send them a copy of the letter you send to the CEO. Some debt collectors may have purchased the debt from the banks, ask them, they are obliged to tell you. If this is the case, they purchase the rights to the contract so they are liable especially if they have purchased a debt which resulted from fraudulent activities by the seller, that is the banks,

    If you want be done with the debt collector, then give them a first and final waring quoting

    The Administration of Justice Act 1970 S.40 makes it a Criminal Offence for a creditor or a creditor's agent (often a debt collection agency) to make demands (for money), which are aimed at causing 'alarm, distress or humiliation, because of their frequency or publicity or manner'. Equally, a creditor will be committing an offence if they falsely imply that non-payment of the debt will lead to criminal proceedings; or the creditor pretends to be someone they are not e.g. a court official or bailiff. It is also an offence to send a person a document which looks like it has been sent from a court.

    Doubtful you will ever hear from them again as this is also a Criminal Offence

    This is like a game of chess. Right now, the banks have made every move possible but you now have the King in your hand and you are about to check mate your bank. For every "fob off" letter you get, send it back to the CEO demanding answers and full compensation.

    I am currently doing this with 3 banks

    Do the banks want to go to court being charged with Fraud ? It only needs one case where the court is in favour of the consumer and the flood gates will open, well infact they have already. Just remember how disgraceful the banks have been, your objective is to WIN, it is your right to win
    I shall watch with interest!!!
  • shellbo10
    shellbo10 Posts: 61 Forumite
    Hi I am in the process of claiming my PPI back from a loan and credit card companies.
    I have had Three letters back so far,I rang Bank of Scotland today to get an update on my claim and spoke to a really miserable bloke who informed me that, they have 8 wks to sort it out and he couldn't give me an update and when an update is available I will be contacted by letter.
    I explained that I just wanted an update and he got really shirty, so I took his name.
    Rang Marbles and they were very nice and helpfull and said they would ring me with an update tommorow.
    I posted previously her about a Household Bank loan that I had and Claims management company have been sorting it out for me since last September.
    Finally had a letter from them with a form for HFC to fill in.
    I have sent this back, so fingers crossed,I will never use a claims management company again.
    You guys have been brilliant with all your advice and help.
    Thank you sooooo much xx:)
  • di3004
    di3004 Posts: 42,579 Forumite
    shellbo10 wrote: »
    Hi I am in the process of claiming my PPI back from a loan and credit card companies.
    I have had Three letters back so far,I rang Bank of Scotland today to get an update on my claim and spoke to a really miserable bloke who informed me that, they have 8 wks to sort it out and he couldn't give me an update and when an update is available I will be contacted by letter.
    I explained that I just wanted an update and he got really shirty, so I took his name.
    Rang Marbles and they were very nice and helpfull and said they would ring me with an update tommorow.
    I posted previously her about a Household Bank loan that I had and Claims management company have been sorting it out for me since last September.
    Finally had a letter from them with a form for HFC to fill in.
    I have sent this back, so fingers crossed,I will never use a claims management company again.
    You guys have been brilliant with all your advice and help.
    Thank you sooooo much xx:)


    Hiya

    And the best of luck to you on all your reclaims.

    There is always one isn't there? Good you taken down his name for future reference, good one.:)
    The one and only "Dizzy Di" :D
  • mapleoak
    mapleoak Posts: 103 Forumite
    Hello,

    I am looking to put in a claim for missold PPI on a M&S Credit Card who duly sent me a copy of my original Storecard agreement going back to October 1994 (the PPI box wasn't ticked). I rang them about ten days ago and asked if they could send me a copy of the Mastercard agreement dating from 2003 (when the Storecard was replaced with a CC) which they said they would. Then I rang them a week ago and was told it was posted out on the 26th May. Nothing arrived up until today so I thought I would just confirm that it had been sent out, to be told no, it hadn't been posted out it was requested from the Microfiche Dept on the 26th, so it actually wasn't on the way. I presume this is common practice but any idea how long it takes to retrieve this sort of thing? I am hanging fire on posting the questionnaire pending what is or isn't on the agreement - assuming they can find one of course as I don't recall signing one back then.

    Regards
    something missing
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