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PPI Reclaiming Discussion part 4

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Comments

  • masmit
    masmit Posts: 146 Forumite
    Hi
    First time here,no sure if this is the correct place for advice.A relative split up with her partner 3 years ago,he had a secured loan on the house with PPI although the house is only in my relatives name NOT her ex partners.
    She is a single parent and doesn't work,the ex partner has left her paying the loan,its been going through solicitors for 18 months and not getting very far.
    Anyway,the problem is,she's tried cancelling the PPI numerous times and they say she can't.
    Because its not actually in her name but she's still paying for it along with the loan.
    Anyone know if this can even be cancelled or claimed back.
    As she doesn't know what she's paying it for as she doesn't work so what is it even covering her for.
    Any advice,thank you?
    P.S the ex is of no help on this matter,he doesn't want to know.
    hi,
    to what im reading she has not signed any agreement to this loan. if this is the case the loan cannot be secured to her house by the ex's loan.
    you cannot secure loans on other peoples properties. so tell them to swivel & chase him for the money.
  • di3004
    di3004 Posts: 42,579 Forumite
    masmit wrote: »
    hi,
    to what im reading she has not signed any agreement to this loan. if this is the case the loan cannot be secured to her house by the ex's loan.
    you cannot secure loans on other peoples properties. so tell them to swivel & chase him for the money.

    Yes I agree masmit.;)

    This is worthless to her, she has a good case here, something they should resolve at first complaint.
    The one and only "Dizzy Di" :D
  • metoyoubear
    metoyoubear Posts: 1,438 Forumite
    The policy is more than 6 years old,its quite complicated and i don't have all the facts tbh at the moment,she doesn't have the internet so i said i would try and enquire here.
    She keeps getting told different "stories" from the Halifax,one person recently told her if she defaulted on two payments then the PPI will be automatically cancelled.She didn't pay one payment then had a demanding letter,she contacted the Halifax again and was told whoever told her not to pay it was wrong as by not paying it will affect her credit rating amongst other things and she simply couldn't just stop paying it.
    So she's back to square one again.
    She can't find the policy either,i read about a SAR i think it was called on here a few days ago,but now i can't seem to find it,is this whats needed to send off for a copy of the policy?
    Does anyone have a link for it please?
  • di3004
    di3004 Posts: 42,579 Forumite
    The policy is more than 6 years old,its quite complicated and i don't have all the facts tbh at the moment,she doesn't have the internet so i said i would try and enquire here.
    She keeps getting told different "stories" from the Halifax,one person recently told her if she defaulted on two payments then the PPI will be automatically cancelled.She didn't pay one payment then had a demanding letter,she contacted the Halifax again and was told whoever told her not to pay it was wrong as by not paying it will affect her credit rating amongst other things and she simply couldn't just stop paying it.
    So she's back to square one again.
    She can't find the policy either,i read about a SAR i think it was called on here a few days ago,but now i can't seem to find it,is this whats needed to send off for a copy of the policy?
    Does anyone have a link for it please?


    Hi there

    It may be difficult in trying to retrieve information passed 6 years, but there is no harm in trying.

    Before the SAR route, you could try by just requesting for the copy of the agreement, enclose a £1 postal order or by cheque, they should send this by 12 days, keep everything in writing though, and again recorded delivery.
    If they are unable to supply this they should return any payment made for this request, and let you know why.

    It does help to have this onhand, so try by requesting this first.

    SAR template on this thread here with details:
    http://forums.moneysavingexpert.com/showthread.html?t=1475553

    Going back to the agreement, if you no account number to add, then make sure you make them aware of the address and date of birth and name changes if different, good luck.
    The one and only "Dizzy Di" :D
  • masmit
    masmit Posts: 146 Forumite
    The policy is more than 6 years old,its quite complicated and i don't have all the facts tbh at the moment,she doesn't have the internet so i said i would try and enquire here.
    She keeps getting told different "stories" from the Halifax,one person recently told her if she defaulted on two payments then the PPI will be automatically cancelled.She didn't pay one payment then had a demanding letter,she contacted the Halifax again and was told whoever told her not to pay it was wrong as by not paying it will affect her credit rating amongst other things and she simply couldn't just stop paying it.
    So she's back to square one again.
    She can't find the policy either,i read about a SAR i think it was called on here a few days ago,but now i can't seem to find it,is this whats needed to send off for a copy of the policy?
    Does anyone have a link for it please?
    are all correspondents from the Halifax in her ex's name or are they joint.
    if there in her ex's only, they have broken the law by securing the loan on the property. the only thing that can tie your friend to this is if she has co signed & give permission to secure it on the property.
  • masmit
    masmit Posts: 146 Forumite
    di3004 wrote: »
    Hi there

    It may be difficult in trying to retrieve information passed 6 years, but there is no harm in trying.

    Before the SAR route, you could try by just requesting for the copy of the agreement, enclose a £1 postal order or by cheque, they should send this by 12 days, keep everything in writing though, and again recorded delivery.
    If they are unable to supply this they should return any payment made for this request, and let you know why.

    It does help to have this onhand, so try by requesting this first.

    SAR template on this thread here with details:
    http://forums.moneysavingexpert.com/showthread.html?t=1475553

    Going back to the agreement, if you no account number to add, then make sure you make them aware of the address and date of birth and name changes if different, good luck.
    hi, di
    she is still paying for the loan, so they should have a copy of the agreement.
    i think the issue is whether she has signed anything.
    if they haven't got a copy of the agreement then it can be made unenforceable.
    there seems to be a few issue's. getting hold of the agreement should resolve these straight away.
  • di3004
    di3004 Posts: 42,579 Forumite
    masmit wrote: »
    hi, di
    she is still paying for the loan, so they should have a copy of the agreement.
    i think the issue is whether she has signed anything.
    if they haven't got a copy of the agreement then it can be made unenforceable.
    there seems to be a few issue's that the agreement resolve straight away


    I agree masmit, was just reading back into this and something is not right about this policy, it does need looking into.
    As this is still payable, then they should not have a problem in receiving this policy, this should help big time.
    The one and only "Dizzy Di" :D
  • di3004
    di3004 Posts: 42,579 Forumite
    Metoyoubear

    You say you already have a solicitor looking into this, what exactly are they looking into altogether if you don't mind me asking? cheers.
    They seem to be taking their time here, that is one heck of a time.
    The one and only "Dizzy Di" :D
  • metoyoubear
    metoyoubear Posts: 1,438 Forumite
    I've just spoken to my relative,she is going to send a letter asking for a copy of the loan agreement,the loan was co-signed by my relative.
  • metoyoubear
    metoyoubear Posts: 1,438 Forumite
    If my relative tries to claim the PPI back though,will she be able to do it herself OR will they both have to do it as they both signed for the loan agreement,although for the past 4 years my relative has been paying for the loan AND the PPI herself.
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