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PPI Reclaiming Discussion part 4

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  • thank you! already sent a letter to the cahoot bradford address but it seems this wasn't the right address so thought santander would be next for trying! had one succesful BOS claim waiting on another so thought my old cahoot loan be worth a try considering I was way over 40 quid a month in PPI!
  • IsraelS
    IsraelS Posts: 1 Newbie
    edited 17 February 2012 at 12:27PM
    I'm thinking of making a PPI claim or at least taking steps to contacting a lender to find out if I was mis-sold PPI. I'm very apprehensive about doing it though. Any advice anyone could give me I'd really appreciate.

    When I took out my personal/car loans I was in a good job, earning relatively good money. I lost my job and fell deep into arrears with almost everything. My house even got repossessed and I'm now living in social housing. I have really bad credit and some debts taken out have been written off by use of the Limitation Act.

    There is one particular company who I believe I may of been mis-sold ppi from when I took out my loan, the loan has not been fully paid off and the debt is still outstanding. I haven't had any contact with the company at all, (although the debt has circulated through to various debt recovery agencies), I haven't responded to their demand letters. A default was placed on my file, but no CCJ. I'm worried that if I'm wrong and have not been mis-sold ppi, yet contact the lender to establish if I have been by obtaining a copy of my loan agreement, then that will be categorised as communication between me and the lender and will invalidate any subsequent defense if used, under the Limitation Act. Would I be right in thinking this?

    So in summary my questions are:

    Can a person invalidate a subsequent Limitation Act defense with a lender by contacting them for a copy of a loan agreement to see if PPI was mis-sold?

    Can a person make a ppi claim if a loan HAS NOT been fully paid off and a debt is still outstanding?

    To tell you the truth I am in so much debt right now, I'm trying to pay off what I can. Its so hard and so depressing. I have no job, 3 kids and am single living off small amount of benefit. My electricity provider is mainly killing my each week with nearly £40 being taken out of my benefit. I don't want a meter put in, so had to agree. I'm just fed up with life, this country, currency period! Its a demonic system design!
  • amersall
    amersall Posts: 17,035 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    By asking for a copy of the agreement you will indeed acknowledge the debt,but if you had ppi and were mis sold you would get a refund,but the problem then would be the redress going to the debt,if this does not clear the debt,then you have to pay the rest back.
    You are between a rock and a hard place with this.

    It could be that the redress would cover the balance you owe and you may get some back to you,this is a chance you will have to take.
    They have to give you the 8% though,they cannot take this off the debt.
    Sorry i could not help you more.

    Have you checked to make sure you are getting the benefits that you are entitled to?.
  • amersall
    amersall Posts: 17,035 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Have you posted on this board?

    http://forums.moneysavingexpert.com/forumdisplay.php?f=76&order=desc&page=2

    You will get to more help there with your finances etc,good luck to you,hope things get better for you.
  • Cannot believe how quick this has all been

    Sent PPI reclaim 17/12/11 to First Plus, response back 2 weeks ago accepting claim and offer attached along with mandate, sent mandate back and expecting a very long wait for settlement (as they are tied in now with barclays) and.......

    Cheque arrived this morning. :j:j:j:beer::beer::beer::j:j:

    Just shows to anyone out there that is not sure if they have a reclaim.....go for it. Some banks are clearly a pain in the a** but First Plus seem to have themselves sorted on this.

    Thanks to all that have helped me on this ..... keep up the good work

    :beer::beer::beer::beer::beer::beer::beer::beer:
    Hoping 2015 will be a better year :)
  • amersall
    amersall Posts: 17,035 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    :j:j:j:j:j:j Love a win with FP :T:T:T:T:T:T:T
  • just got a copy of my abbey national "online" application from 2001,which is now held by MBNA. They say the complaint is not upheld as i ticked the box to have PPI included and once done a sperate screen would have appeared explaining the purpose of PPI.

    However the application copy they sent cannot have been an internet application as i have signed it in two places in my own hand writting, this is impossible on an internet application,as well as completeing other details on the application in pen,so they are wrong thats a seperate page would have been shown.It was clearly a postal application

    2nd, the tick in the tick box is a perfect tick, not one i have done,that is obvoius by comparing it to the ticks on the application next to it to opt out off junk mail from them,its not my tick.

    They say they wont discuss the matter further but they are wrong and trying to pull a fast one.

    Any advice?
  • Afternoon all,

    Quick question, I sent a letter to MBNA requesting all my original documents, they have cashed the cheque (13th Feb) my letter was dated the 4th but I have no letter or even a phone call from them about my original documents, what would be the next step? Do I sit and wait or do I contact them and have a whinge?
  • amersall
    amersall Posts: 17,035 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    just got a copy of my abbey national "online" application from 2001,which is now held by MBNA. They say the complaint is not upheld as i ticked the box to have PPI included and once done a sperate screen would have appeared explaining the purpose of PPI.

    However the application copy they sent cannot have been an internet application as i have signed it in two places in my own hand writting, this is impossible on an internet application,as well as completeing other details on the application in pen,so they are wrong thats a seperate page would have been shown.It was clearly a postal application

    2nd, the tick in the tick box is a perfect tick, not one i have done,that is obvoius by comparing it to the ticks on the application next to it to opt out off junk mail from them,its not my tick.

    They say they wont discuss the matter further but they are wrong and trying to pull a fast one.

    Any advice?
    Send this to FOS,use the reasons you gave above.
    Enclose copies of letters received from MBNA and the agreement.
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