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PPI Reclaiming Discussion part 4

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Comments

  • oggie1
    oggie1 Posts: 36 Forumite
    oggie1 wrote: »
    Thanks for your kind offer to work it out for me but I donnt have all the information you require

    I am a bit confussed Your offer will be calculated once the acceptence letter is returned
    So i have to agree to it before I have any figures if Im reading letter right
    Also how long does it take to get the figure after Ihave sent letter back
    Thanks again for your offer and help
    oggie

    Hi can anyone help me on this please
  • smitchy73
    smitchy73 Posts: 2,559 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    irnbru74 wrote: »
    Hi,
    they have rejected this complaint if you look at the the quote at the start of the post you will see the reasons they gave for this.
    But they have given us 8 weeks to get back to them if we are unhappy.
    Also are they allowed to phone my place of work and ask questions about me without my knowledge?
    Many thanks for replying.
    Sorry irnbru, missed that bit, always did get into trouble for not reading everything through first, probably how I got into the ppi trouble in the first place.

    1. Go back and ask for transcript of phone call with sales agents, or recording of the phone call.
    2. FSA quotes the following.
    "3.2.4 G Where a [FONT=TimesNewRoman,Italic]complaint [/FONT]raises (expressly or otherwise) issues that may relate to the
    original sale or a subsequently rejected claim then, irrespective of the main focus
    of the
    [FONT=TimesNewRoman,Italic]complaint[/FONT], the [FONT=TimesNewRoman,Italic]firm [/FONT]should pro-actively consider whether the issues relate
    to both the sale and the claim, and assess the
    [FONT=TimesNewRoman,Italic]complaint [/FONT]and determine redress
    accordingly."

    "3.3.1 G Where a [FONT=TimesNewRoman,Italic]complaint is made, the [FONT=TimesNewRoman,Italic]firm [/FONT]should assess the [FONT=TimesNewRoman,Italic]complaint [/FONT]fairly, giving
    appropriate weight and balanced consideration to all available evidence,
    including what the complainant says and other information about the sale that the
    [FONT=TimesNewRoman,Italic]
    firm [/FONT]identifies. The [FONT=TimesNewRoman,Italic]firm [/FONT]is not expected automatically to assume that there has
    been a breach or failing."

    "3.3.3 G The [FONT=TimesNewRoman,Italic]firm should recognise that oral evidence may be sufficient evidence and not
    dismiss evidence from the complainant solely because it is not supported by
    documentary proof. The [FONT=TimesNewRoman,Italic]firm [/FONT]should take account of a complainant’s limited
    ability fully to articulate his
    [FONT=TimesNewRoman,Italic]complaint [/FONT]or to explain his actions or decisions
    made at the time of the sale."

    "3.3.5 G The [FONT=TimesNewRoman,Italic]firm should not reject a complainant’s account of events solely on the basis
    that the complainant signed documentation relevant to the purchase of the
    [FONT=TimesNewRoman,Italic]policy[/FONT]."

    "3.3.6 G The [FONT=TimesNewRoman,Italic]firm should not reject a [FONT=TimesNewRoman,Italic]complaint [/FONT]because the complainant failed to exercise
    the right to cancel the
    [FONT=TimesNewRoman,Italic]policy[/FONT]."

    "3.3.9 G In determining a particular [FONT=TimesNewRoman,Italic]complaint, the [FONT=TimesNewRoman,Italic]firm [/FONT]should (unless there are reasons
    not to because of the quality and plausibility of the respective evidence) give
    more weight to any specific evidence of what happened during the sale
    (including any relevant documentation and oral testimony) than to general
    evidence of selling practices at the time (such as training, instructions or sales
    scripts or relevant audit or compliance reports on those practices)."

    "3.3.12 G In considering the information communicated to the complainant and the
    complainant’s information needs, the evidence to which a [FONT=TimesNewRoman,Italic]firm should have
    regard includes:
    (1) the complainant’s individual circumstances at the time of the sale (for
    example, the
    [FONT=TimesNewRoman,Italic]firm [/FONT]should take into account any evidence of limited
    financial capability or understanding on the part of the complainant);
    (2) the complainant’s objectives and intentions at the time of the sale;
    (3) whether, from a reasonable
    [FONT=TimesNewRoman,Italic]customer’s [/FONT]perspective, the documentation
    provided to the complainant was sufficiently clear, concise and presented
    fairly (for example, was the documentation in plain and intelligible
    language?);
    (4) in a sale that was primarily conducted orally, whether sufficient
    information was communicated during the sale discussion for the
    [FONT=TimesNewRoman,Italic]
    customer [/FONT]to make an informed decision (for example, did the [FONT=TimesNewRoman,Italic]firm [/FONT]give an
    oral explanation of the main characteristics of the
    [FONT=TimesNewRoman,Italic]policy [/FONT]or specifically
    draw the complainant’s attention to that information on a computer screen
    or in a document and give the complainant time to read and consider it?);
    (5) any evidence about the tone and pace of oral communication (for
    example, was documentation read out too quickly for the complainant to
    have understood it?); and
    (6) any extra explanation or information given by the
    [FONT=TimesNewRoman,Italic]firm [/FONT]in response to
    questions raised (or information disclosed) by the complainant."

    Hopefully all that should be enought to go back to them with, these are all quotes from the FSA handbook FS10/36 that they should be following.
    [/FONT][/FONT][/FONT][/FONT][/FONT][/FONT]
    Thanks to all the competition posters.
  • smitchy73
    smitchy73 Posts: 2,559 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    irnbru74 wrote: »
    Hi,
    they have rejected this complaint if you look at the the quote at the start of the post you will see the reasons they gave for this.
    But they have given us 8 weeks to get back to them if we are unhappy.
    Also are they allowed to phone my place of work and ask questions about me without my knowledge?
    Many thanks for replying.
    Forgot to add,
    3. Was there anything on the original form to say, just sign here and here(the two boxes) to get your money, or was there something saying and full explanation of the ppi and any exclusions etc?
    Thanks to all the competition posters.
  • cappo
    cappo Posts: 2,121 Forumite
    amersall wrote: »
    Hi guys n gals x

    Just to let you know,our Di will not be online for a while :o
    Workmen have cut through the phone line :eek::eek:
    she has no phone or internet :eek:
    She will be climbing the walls if it is not turned on pronto :rotfl::rotfl:


    poor old Di we'll have to send her a pigeon post
  • Pedro303 wrote: »
    So the last time I posted about my progress was last year. Well indeed like many of us HSBC customers we have been waiting with baited breath to see what happened after the judicial review. Last month I received a generic letter informing me that I would receive a decision on all my PPI complaints by the end of August.

    Today I received another letter from HSBC- to be honest I was expecting bad news. BUT it is good news. They said they were unable to respond to specific issues raised by me but on this occaision were prepared to uphold my complaints on miss-selling PPI and I'll receive a settlement proposal within the next four weeks! And that is for four personal loans...shame they could not have admitted they did wrong in the first place!

    I hope this will also include the adjustment to my current personal loan- of which I am still paying PPI on each month!

    :j

    Hi Di and Co,

    Just an update. Received my Hsbc offer through the post today dated 4th September for my current personal loan and previous three personal loans all with ppi. I was worried that they would try and pull a fast one. Having done some calculations I'd worked out I'd paid roughly £6800 in ppi payments accross the life of my many loans. The offer they have given me is just over £7k inclduing 8% interest.

    My letter states that if I'm happy I can sign away, but also states that as I have a loan current it will need to restructured without ppi before I get a refund. Oddly they have said my local branch will be calling me in to sort out the paperwork. Timelines for a refund are 5 working days after they have got paperwork and loan restuctured.

    So will be on the phone shortly to book an appointment with my branch next week! Saves waiting around...

    :beer:

    Thanks for all the support and excellent advice! :j
  • di3004 wrote: »
    Hi there

    In my opinion - I can't see why not, give it a go and see what they come back with.;)
    Good luck x

    Hi Di
    Can i ask your advice on this Barclaycard rang today too say that accident death cover was not ppi we explained too them that we already knew that but we still wanted the money back cause the policy was mis sold too us he replied saying too take it too the underwriters and give us there address he went on too say can i close this complaint so my husband says no i still want a formal response from Barclays as it was Barclays that sold us the death and accident policy and it was charged on my Barclaycard each month plus alot off interest as well he became quite cross at this but where do you think we stand with this complaint ?
    Many thanks for your help
  • cappo
    cappo Posts: 2,121 Forumite
    Hi i new to this, i'm going to try put in claim for PPI, with HSBC,with credit card. Can someone tell me though, as ive not kept info of PPI when i took it out, so how can i no the Policy number of the PPI. and how can i prove that it was missold to me

    ta



    Hi nookie and welcome, you've several avenues here firstly you could just ask the bank and they might give you this info over the phone but probably not as they'd say there were security issues,although they might email you, failing that you would have to ask for a copy of the cca (consumer credit agreement) this will cost you £1.00 and the bank have got 12 days to respond, this would be for a copy of say your credit agreement for your credit card or if you wanted all the info on all the agreements you have with this lender a sar is best (subject access request) this would be £10.00 and the bank has 40 days to reply if they don't they are in breach of the data protection act 1998 see the links below re claiming




    http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance
  • cappo
    cappo Posts: 2,121 Forumite
    Pedro303 wrote: »
    Hi Di and Co,

    Just an update. Received my Hsbc offer through the post today dated 4th September for my current personal loan and previous three personal loans all with ppi. I was worried that they would try and pull a fast one. Having done some calculations I'd worked out I'd paid roughly £6800 in ppi payments accross the life of my many loans. The offer they have given me is just over £7k inclduing 8% interest.

    My letter states that if I'm happy I can sign away, but also states that as I have a loan current it will need to restructured without ppi before I get a refund. Oddly they have said my local branch will be calling me in to sort out the paperwork. Timelines for a refund are 5 working days after they have got paperwork and loan restuctured.

    So will be on the phone shortly to book an appointment with my branch next week! Saves waiting around...

    :beer:

    Thanks for all the support and excellent advice! :j




    Be careful pedro why does the bank want to get you there, they can send you the info through the post, beware.
  • cappo
    cappo Posts: 2,121 Forumite
    twosebern wrote: »
    Hi Just to let you know, that this works, I have just received a claim for over £5000. I have also double checked the amount with the Onbudsman and this is correct, Thanks Money saving expert for all your help.

    The loan was secured against the house, and has not been paid off yet as well, hopfully my other claim against my bank will be successful as well. :j:rotfl::T


    well done:j:beer::T:):):):)
  • cappo
    cappo Posts: 2,121 Forumite
    Finally got through! They got my letter yesterday (very slow post!) so I should get a refund into my account by the 21st. :)




    Well done:D:T:):beer::j:beer::T:):)
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