PPI Reclaiming Discussion part 4

MattyA

beamerguy wrote: »

Hi Matty, if you PM me with you email address, I will send you a copy of the claim for damages form, infact anyone can ask for it.

With regards to debt collectors, especially those who try to visit, this is what you tell them.

"Please be advised that I will only communicate with you by email . I have noted your repeated attempts to contact me by mail over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384
. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance."

Cheers beamerguy - PM sent.

MattyA

beamerguy wrote: »

Great letter but also say "that IF you sell/market a financial services product, the seller must be licenced by the FSA. Please tell me the sellers licence number"

Would that apply to each employee doing the selling or just that the company (M&S in this case)?

Reason for asking is I have a very very similar claim against them on behalf of MrsA which has been rejected twice and I have now sent to FOS - might just have another go at them with this tack whilst I await an adjudicator to be appointed.

Also I am disputing the validity of another agreement with them in my name(Card applied for in store after being approached by a memeber of staff) - this angle may be useful in this case.
'shop staff for example if not licenced are acting illegally and to that end as they did not have a licence to sell the product, the contract is not binding '

Matty

dilus

beamerguy wrote: »

And Dilus, I just love your quote

"a dog is for life, so DON'T marry one!":rotfl::rotfl::rotfl:

Thanks beamerguy, all my own work, married for 21 years and have 5 dogs

beamerguy

MattyA wrote: »

Would that apply to each employee doing the selling or just that the company (M&S in this case)?

Reason for asking is I have a very very similar claim against them on behalf of MrsA which has been rejected twice and I have now sent to FOS - might just have another go at them with this tack whilst I await an adjudicator to be appointed.

Also I am disputing the validity of another agreement with them in my name(Card applied for in store after being approached by a memeber of staff) - this angle may be useful in this case.
'shop staff for example if not licenced are acting illegally and to that end as they did not have a licence to sell the product, the contract is not binding '

Matty

Hiya, a member of staff of M&S were selling the product, they maybe employed by M&S but unless they hold a licence to operate credit transactions, they are not legal. M&S is a retailer of food and clothing and whilst they may hold a credit licence themselves, they are not a bank or financial institution therefore on what legal basis were the staff permitted to sell financial services to the public ?
In particular dodgy PPI's. Infact, they would have been selling for profit, ie, the commission and that should have been made clear at the point of sale.

This is old news but it worth reading it and what the judge decided on against MNBA
http://www.dailymail.co.uk/news/article-1217173/Judge-quashes-womans-8-000-credit-card-debt-landmark-ruling-mis-selling-payment-protection-insurance.html

sunk_optimism

Hello people! I'm new to this forum, but I have a question that maybe someone can answer for me. I've had credit card repayment protection for many years (maybe 20) and never claimed. However, in 2005 I formed my own company, and went to NatWest to open business bank accounts. At that time, I now believe that my credit card ppi would have become invalid, however this thought never even crossed my mind until a couple of hours ago. Natwest have changed my card a couple of times, most recently a few months ago when they stopped Visa and transferred it to mastercard, but they just continued the ppi cover. Do you think I might have a claim? By the way, I successfully asked them for a reclaim of loan cover insurance to the tune of £1500 recently on the basis that it was knowingly sold to me when I was clearly the owner/director of my own company.
Thank you for any help

Russell

beamerguy

beamerguy wrote: »

Hiya, a member of staff of M&S were selling the product, they maybe employed by M&S but unless they hold a licence to operate credit transactions, they are not legal. M&S is a retailer of food and clothing and whilst they may hold a credit licence themselves, they are not a bank or financial institution therefore on what legal basis were the staff permitted to sell financial services to the public ?
In particular dodgy PPI's. Infact, they would have been selling for profit, ie, the commission and that should have been made clear at the point of sale.

This is old news but it worth reading it and what the judge decided on against MNBA
http://www.dailymail.co.uk/news/article-1217173/Judge-quashes-womans-8-000-credit-card-debt-landmark-ruling-mis-selling-payment-protection-insurance.html

AND A SNIPPET FROM THAT REPORT
In a nine-hour hearing at Newcastle-upon-Tyne County Court, Deputy District Judge Jacqueline Smart ruled that the PPI policy had been unfairly imposed.

She also threw out MBNA's case against Mrs Thorius because they earned commission on the PPI they 'sold' her.

It is the first time a judge has ruled such an arrangement to be in breech of the Unfair Relationships and Unfair Consumer Credit Act Section 78, according to Cartel.

Mr Wright said: 'They obviously didn't realise how strong our legal argument was, otherwise they wouldn't have gone to court.

'She clearly ticked the 'no thank-you' box, but MBNA applied PPI on her account anyway.

cclissold

Ha Ha. Just had a call from a company asking if I was aware of the PPI misselling and would i like some help. Took great pleasure in telling them I had claimed already and had being upheld. Girl had the cheek to ask if i would like a call back about taking a loan or life insurance out. As if................

C.x;):p

clarksdore

Today I received a cheque from Egg for my credit card PPI and received £3116 success thank you Martin.

Below is an email that I sent to Martin about my husbands PPI with Egg anyone else found the same problem.

Just wanted to run something passed you regarding PPI. My husband has for quite a while been asking me to check to see if we had been paying PPI on any of our credit cards and loans (which we have had many).

Because most was done on-line and they are now settled and closed as we paid them off last year (although we have a Cahoot and Virgin which has PPI on so making a claim against them). I did not have the other account numbers or any other information required to complete the reclaim forms, also I was not sure if we had been paying PPI. Anyway the other week I checked on Experian and found all the names of the banks where we had credit from and the date started and dates when we cleared the accounts which was great and a good start, then I was checking something on my bank account and I noticed that they keep a record of card numbers which again was fantastic so i filled out the form with as much details as possible stating that I wish to re-claim any PPI paid this is directed firstly at EGG. I sent all letters by recorded delivery.

Anyway we both got letters back from EGG saying that they had received our complaints and would deal with them in the specified time required. Then a couple of days later my husband received a letter saying that he had never taken out the PPI and therefore not paid it and not entitled to a reclaim so they had closed his complaint, but in the letter at the bottom it says, "Unless you are able to provide any additional information or evidence, which would affect the decision your complaint will remain closed". So we thought OK then obviously we didn't pay PPI and left it there.

He took his card out in Jan 2002 and mine in June 2002 the same year.

Anyway the other morning something prompted me to see if we could access his egg account, then we decided not to bother as we asked for the account to be closed as they had put our interest up from 16% to something like 24% when we have a good credit, so we probably wouldn't be able to access the account. Then at teatime on 29th Sept something prompted made me to think I'll check on my account so I logged on and could not remember my password so phoned them and they reset my password, I logged into my account and to my surprise the account was still there and I was able to get statements back to October 2009 and there was PPI at approx £45 plus added to my statements. You can imagine how happy I was. Anyway I tried to copy them out put my printer was not working so I saved them onto my computer. When my husband got home that night around 10pm we phoned egg to ask for them to reset his password which they did and when we logged we could not get any of his statements and it said that no egg accounts to display at this time which we thought was very funny as I could access mine back to October 2009. THEN on the 1st October I got an email saying that I had got a secure message on my egg account so on the 2nd October I logged on and low and behold all my statements had gone and it was displaying "No egg accounts to be displayed at this time" same as my husbands, which I find a bit suspicious as we had made claims and they have taken our statements off (lucky for me I had saved mine on the computer). I have sent them an email today 3rd October asking them why my statements have vanished so am just waiting for a reply. But I think there seems to be something fishy considering them statements must have been on my account for two years then we try and make a claim and they all of a sudden disappear. I am still waiting a reply from my claim. I just wondered if you have heard anything like this before and can you advise me if there is any other way in which we can get my husbands statements. I will email them today and ask them also.

Also I contacted CAHOOT asking for a copy of my statements and they said that I will have to pay £5.00 per statement, is this right??

Sorry to go on a bit but it just seems very strange to me and I feel that something underhanded is going on.

Yours

karlijade

Good evening,

I took out car finance with Welcome Finance in March 2007, the finance was paid off about 6 months ago but they are no longer trading. Who do I contact to reclaim PPI? I wasnt going to bother doing it but the more I think about it the more I think actually that is MY money and I already ended paying a ridiculous amount back to them! Also I have no idea where the paperwork is of the loan agreement as I have moved house 3 times since getting it. Will this be a problem?
Thanks in advance for your replies!

smitchy73

cclissold wrote: »

Ha Ha. Just had a call from a company asking if I was aware of the PPI misselling and would i like some help. Took great pleasure in telling them I had claimed already and had being upheld. Girl had the cheek to ask if i would like a call back about taking a loan or life insurance out. As if................

C.x;):p

I think i must've had a call from the same girl, i told her we'd won back £15k and she was like wow, I then said to her that the best bit was not having to cough up 30% to companies like hers!! haha, she hung up on me,:rotfl::rotfl::rotfl: