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PPI Reclaiming Discussion part 4

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Comments

  • sweetdreamer
    sweetdreamer Posts: 110 Forumite
    Thanks di, the claim is with NatWest and I've used the addresses from the list.
    Thanks for your help, I'm sure I'll be back with more questions!!
  • amersall
    amersall Posts: 17,037 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    edited 4 May 2009 at 11:07AM
    jayneybaby wrote: »
    sorry, (I am likely to be apologising a lot in coming posts!) just to clarify... should i cancel my ppi before claiming for a mis-sell? Now i know that i can get cover elsewher for my loan i am loath to keep paying it, amogst other things!
    it is up to you , but as i said in a previous reply to you,fp only give you a small percentage of a reduction, you would be better going mis sell as i did then you wont have the added time on waiting for mis sell as well as cancelling, i waited an extra 5 months for them to cancell, i did not accept there first low reduction and had to wait to be offered a higher amount, then i was still paying ppi and am now awaiting an adjudicator. i cannot tell you what to do the final choice will be down to you.when mine is sorted i will be taking a policy out to cover mine , and a lot cheaper than fp! whatever you pay now if you win your case for mis sell you will get it all back with interest.hope this helps
  • marshallka
    marshallka Posts: 14,585 Forumite
    I have been trawling through piles of statements this morning trying to calculate a claim for bank charges.

    PPI was next on my list but have noticed on statement for Feb2002 the set up for the loan. There is a charge for PLP Premium = £682.00. I'm guessing this is the PPI taken up front maybe. :confused:
    I don't have the paperwork going back on this loan and so would have been requesting this soon.

    Can anyone confirm this is the figure I'm looking for and wether I might be able to claim back.

    Thanks all
    I would say that the PLP would be personal loan protection and this would have been a single premium too.

    Is the loan still active?
  • marshallka
    marshallka Posts: 14,585 Forumite
    jayneybaby wrote: »
    sorry, (I am likely to be apologising a lot in coming posts!) just to clarify... should i cancel my ppi before claiming for a mis-sell? Now i know that i can get cover elsewher for my loan i am loath to keep paying it, amogst other things!
    If you have got cover elsewhere then you can cancel but I doubt very much that this would reduce your payments by much and also you would probably have to get the loan redone.
  • bathgatebuyer
    bathgatebuyer Posts: 2,522 Forumite
    Part of the Furniture Combo Breaker
    Hi all - here's a letter I've done for the FOS following their suggestion I'm outwith the timescales for complaining.

    Thanks for your letter in relation to the above case.
    I am slightly confused by the correspondence you have sent me as you say that I am outwith the timescale for submitting a complaint in relation to mis-sold PPI as it either is more than 6 months after the date on which the respondent sent the complainant its final response, however, your letter then states:
    2 - More than:
    (a) 6 years after the event complained of; or (if later)
    (b) 3 years from the date on which the complainant became aware (or ought reasonably to have become aware) that he had cause for complaint.
    Firstly, the reason that the complaint was not forwarded to you earlier was that this complaint was part of 3 ongoing complaints I had with Sainsburys Bank over that credit card account (over credit card charges, the validity of the documentation provided as part of my CCA request, and the issue over the PPI sale). The most fundamental of these was relating to my request for a copy of the Consumer Credit Agreement. I believe that this issue was closely linked to the matter of the PPI sale and documentation provided at the time of sale and sought to have this matter resolved first as the whole basis upon which the PPI sale would have been dealt with was encapsulated within that agreement. The terms and conditions of the PPI cover was only provided by Sainsburys as part of my CCA complaint in August 2007 - this is the first I had been provided with a copy of these terms and conditions and, as a result, the first occasion at which I would have been made aware that the PPI cover was not sufficient for me owing to a pre-existing medical condition.
    Secondly - and as the documentary evidence you have a copy of in your files will evidence - I have a long-standing medical condition relating to anxiety, depression and panic attacks - rendering it almost impossible to deal with the weight of having to try and resolve these 3 ongoing complaints with Sainsburys. As you may be aware, suffering from those illnesses can render daily activities difficult, but despite this, I had sought to enter into a sincere dialogue with Sainsburys to try and have this, and the other, matters resolved. At all points over the past 2 years, I have found Sainsburys difficult to deal with. This is clearly evidenced by the correspondence I have provided you with. I would also highlight that the issue relating to the validity of the purported CCA documentation provided by them was only decided by the FOS in February 2009.
    Clearly in relation to the requirements of point 2, I am within the timescale for this to be considered by the FOS for the following reasons.
    Firstly, the date the credit card agreeement was taken out was 22 Nov 2002, with my complaint registered prior to the 6th anniversary of this. I have correspondence with the FOS in which I highlight that I would be submitting this prior to the 6th anniversary of this date - my email with your Mr W XXXXXXXXXXXX of 7th October 2008 advised that I would be submitting my PPI concern to the FOS prior to the 6th anniversary of the agreement being signed. The intention had been to have the FOS consider the matter of the inadequate CCA provided by Sainsburys upon request, however, this took so long for the FOS to even consider this CCA matter, that an amended form was submitted to deal with that complaint as well as the PPI issue to avoid falling foul of the 6th year timescale. This was also confirmed in my letter of the 8th October 2008. Clearly this is prior to November 2008 which would represent the 6th anniversary of the mis-sale of the original policy.
    I, therefore, fail to understand why you believe that my complaint does not fall within the timescale in question.
    Furthermore, in relation to 2 (b) shown above, I became aware of industry-wide mis-selling of PPI in late 2007 / early 2008, and I would consider that I have until late 2010 / early 2011 to raise this issue with the FOS in order to comply with the timescale laid forth in section 2 (b) which is '3 years from the date on which the complainant became aware (or ought reasonably to have become aware) that he had cause for complaint'. It is not yet 2010 or 2011, so I also firmly believe that I have complied with this time requirement.
    Clearly I disagree with your comments in respect of timescales within your most recent letter, and I would politely ask you to reconsider this matter as I feel your failure to consider this issue incorrect under the circumstances.
    In the event that my complaint is not reconsidered, I feel that I would have just cause to complain about the matter in which this case has been dealt with by the FOS, and in the event that you opt not to reconsider my case and recognise that timescales were complied with, I would be grateful if you could provide with details of your own organisations complaints procedure in order that I can formalise my concerns about the work of the FOS in this instance.
    I look forward to hearing from you as a matter of the utmost urgency.
    Yours sincerely,

    PS - Apologies for the formatting everyone - it does look neater than that in MSWord!


    Almost debt-free, but certainly even with the Banks!
  • sweetdreamer
    sweetdreamer Posts: 110 Forumite
    marshallka wrote: »
    I would say that the PLP would be personal loan protection and this would have been a single premium too.

    Is the loan still active?

    This loan was taken out in 2002 and as I recall, before it ended, on the suggestion of the bank, we borrowed again and so the original loan was paid up and a further loan taken out. To us it was just a different amount being paid each month, but pretty much same set up. This again was the case I believe 2 years ago. Yes we still have a personal loan but how it stands with the PPI i'm not sure. Have written and requested the info from NatWest.
  • di3004
    di3004 Posts: 42,579 Forumite
    Hi all - here's a letter I've done for the FOS following their suggestion I'm outwith the timescales for complaining.

    Thanks for your letter in relation to the above case.
    I am slightly confused by the correspondence you have sent me as you say that I am outwith the timescale for submitting a complaint in relation to mis-sold PPI as it either is more than 6 months after the date on which the respondent sent the complainant its final response, however, your letter then states:
    2 - More than:
    (a) 6 years after the event complained of; or (if later)
    (b) 3 years from the date on which the complainant became aware (or ought reasonably to have become aware) that he had cause for complaint.
    Firstly, the reason that the complaint was not forwarded to you earlier was that this complaint was part of 3 ongoing complaints I had with Sainsburys Bank over that credit card account (over credit card charges, the validity of the documentation provided as part of my CCA request, and the issue over the PPI sale). The most fundamental of these was relating to my request for a copy of the Consumer Credit Agreement. I believe that this issue was closely linked to the matter of the PPI sale and documentation provided at the time of sale and sought to have this matter resolved first as the whole basis upon which the PPI sale would have been dealt with was encapsulated within that agreement. The terms and conditions of the PPI cover was only provided by Sainsburys as part of my CCA complaint in August 2007 - this is the first I had been provided with a copy of these terms and conditions and, as a result, the first occasion at which I would have been made aware that the PPI cover was not sufficient for me owing to a pre-existing medical condition.
    Secondly - and as the documentary evidence you have a copy of in your files will evidence - I have a long-standing medical condition relating to anxiety, depression and panic attacks - rendering it almost impossible to deal with the weight of having to try and resolve these 3 ongoing complaints with Sainsburys. As you may be aware, suffering from those illnesses can render daily activities difficult, but despite this, I had sought to enter into a sincere dialogue with Sainsburys to try and have this, and the other, matters resolved. At all points over the past 2 years, I have found Sainsburys difficult to deal with. This is clearly evidenced by the correspondence I have provided you with. I would also highlight that the issue relating to the validity of the purported CCA documentation provided by them was only decided by the FOS in February 2009.
    Clearly in relation to the requirements of point 2, I am within the timescale for this to be considered by the FOS for the following reasons.
    Firstly, the date the credit card agreeement was taken out was 22 Nov 2002, with my complaint registered prior to the 6th anniversary of this. I have correspondence with the FOS in which I highlight that I would be submitting this prior to the 6th anniversary of this date - my email with your Mr W XXXXXXXXXXXX of 7th October 2008 advised that I would be submitting my PPI concern to the FOS prior to the 6th anniversary of the agreement being signed. The intention had been to have the FOS consider the matter of the inadequate CCA provided by Sainsburys upon request, however, this took so long for the FOS to even consider this CCA matter, that an amended form was submitted to deal with that complaint as well as the PPI issue to avoid falling foul of the 6th year timescale. This was also confirmed in my letter of the 8th October 2008. Clearly this is prior to November 2008 which would represent the 6th anniversary of the mis-sale of the original policy.
    I, therefore, fail to understand why you believe that my complaint does not fall within the timescale in question.
    Furthermore, in relation to 2 (b) shown above, I became aware of industry-wide mis-selling of PPI in late 2007 / early 2008, and I would consider that I have until late 2010 / early 2011 to raise this issue with the FOS in order to comply with the timescale laid forth in section 2 (b) which is '3 years from the date on which the complainant became aware (or ought reasonably to have become aware) that he had cause for complaint'. It is not yet 2010 or 2011, so I also firmly believe that I have complied with this time requirement.
    Clearly I disagree with your comments in respect of timescales within your most recent letter, and I would politely ask you to reconsider this matter as I feel your failure to consider this issue incorrect under the circumstances.
    In the event that my complaint is not reconsidered, I feel that I would have just cause to complain about the matter in which this case has been dealt with by the FOS, and in the event that you opt not to reconsider my case and recognise that timescales were complied with, I would be grateful if you could provide with details of your own organisations complaints procedure in order that I can formalise my concerns about the work of the FOS in this instance.
    I look forward to hearing from you as a matter of the utmost urgency.
    Yours sincerely,

    PS - Apologies for the formatting everyone - it does look neater than that in MSWord!




    Great letter bathgatebuyer and yes it looks lovely and neat.:T

    Good luck with this and go and get em.:DX
    The one and only "Dizzy Di" :D
  • amersall
    amersall Posts: 17,037 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Hi all - here's a letter I've done for the FOS following their suggestion I'm outwith the timescales for complaining.

    Thanks for your letter in relation to the above case.
    I am slightly confused by the correspondence you have sent me as you say that I am outwith the timescale for submitting a complaint in relation to mis-sold PPI as it either is more than 6 months after the date on which the respondent sent the complainant its final response, however, your letter then states:
    2 - More than:
    (a) 6 years after the event complained of; or (if later)
    (b) 3 years from the date on which the complainant became aware (or ought reasonably to have become aware) that he had cause for complaint.
    Firstly, the reason that the complaint was not forwarded to you earlier was that this complaint was part of 3 ongoing complaints I had with Sainsburys Bank over that credit card account (over credit card charges, the validity of the documentation provided as part of my CCA request, and the issue over the PPI sale). The most fundamental of these was relating to my request for a copy of the Consumer Credit Agreement. I believe that this issue was closely linked to the matter of the PPI sale and documentation provided at the time of sale and sought to have this matter resolved first as the whole basis upon which the PPI sale would have been dealt with was encapsulated within that agreement. The terms and conditions of the PPI cover was only provided by Sainsburys as part of my CCA complaint in August 2007 - this is the first I had been provided with a copy of these terms and conditions and, as a result, the first occasion at which I would have been made aware that the PPI cover was not sufficient for me owing to a pre-existing medical condition.
    Secondly - and as the documentary evidence you have a copy of in your files will evidence - I have a long-standing medical condition relating to anxiety, depression and panic attacks - rendering it almost impossible to deal with the weight of having to try and resolve these 3 ongoing complaints with Sainsburys. As you may be aware, suffering from those illnesses can render daily activities difficult, but despite this, I had sought to enter into a sincere dialogue with Sainsburys to try and have this, and the other, matters resolved. At all points over the past 2 years, I have found Sainsburys difficult to deal with. This is clearly evidenced by the correspondence I have provided you with. I would also highlight that the issue relating to the validity of the purported CCA documentation provided by them was only decided by the FOS in February 2009.
    Clearly in relation to the requirements of point 2, I am within the timescale for this to be considered by the FOS for the following reasons.
    Firstly, the date the credit card agreeement was taken out was 22 Nov 2002, with my complaint registered prior to the 6th anniversary of this. I have correspondence with the FOS in which I highlight that I would be submitting this prior to the 6th anniversary of this date - my email with your Mr W XXXXXXXXXXXX of 7th October 2008 advised that I would be submitting my PPI concern to the FOS prior to the 6th anniversary of the agreement being signed. The intention had been to have the FOS consider the matter of the inadequate CCA provided by Sainsburys upon request, however, this took so long for the FOS to even consider this CCA matter, that an amended form was submitted to deal with that complaint as well as the PPI issue to avoid falling foul of the 6th year timescale. This was also confirmed in my letter of the 8th October 2008. Clearly this is prior to November 2008 which would represent the 6th anniversary of the mis-sale of the original policy.
    I, therefore, fail to understand why you believe that my complaint does not fall within the timescale in question.
    Furthermore, in relation to 2 (b) shown above, I became aware of industry-wide mis-selling of PPI in late 2007 / early 2008, and I would consider that I have until late 2010 / early 2011 to raise this issue with the FOS in order to comply with the timescale laid forth in section 2 (b) which is '3 years from the date on which the complainant became aware (or ought reasonably to have become aware) that he had cause for complaint'. It is not yet 2010 or 2011, so I also firmly believe that I have complied with this time requirement.
    Clearly I disagree with your comments in respect of timescales within your most recent letter, and I would politely ask you to reconsider this matter as I feel your failure to consider this issue incorrect under the circumstances.
    In the event that my complaint is not reconsidered, I feel that I would have just cause to complain about the matter in which this case has been dealt with by the FOS, and in the event that you opt not to reconsider my case and recognise that timescales were complied with, I would be grateful if you could provide with details of your own organisations complaints procedure in order that I can formalise my concerns about the work of the FOS in this instance.
    I look forward to hearing from you as a matter of the utmost urgency.
    Yours sincerely,

    PS - Apologies for the formatting everyone - it does look neater than that in MSWord!


    yes that sounds great, couldnt have done it better myself, good luck and keep us posted
  • bathgatebuyer
    bathgatebuyer Posts: 2,522 Forumite
    Part of the Furniture Combo Breaker
    Cheers guys! I'm hopeful that they reconsider. Seriously, it was the FOS who said CCA agreements were nothing to do with them, then when the OFT wrote me a letter saying, "The FOS deal with CCA matters", they then said, "You're right, we do consider CCA issues". Go figure!

    Despite seeing how inept they can be at times, I was totally astonished to be told that I was outwith the timescale for the PPI issue. I hope the facts comes through clearly on that. If they don't reconsider this, then I have no option but to go to court over the PPI matter, but I'll certainly be raising a complaint with the FOS if they still knock this back as being outwith the timescale.

    The really annoying thing was that the letter said something about, "We've consulted with the Bank and they do not wish to drop the time bar in this instance.............." yet the first I hear of there even being the suspicion of a time bar is now. Why contact the bank about a time bar then tell me that time was even an issue? Now they would have go back to the bank and say, "We think we got the timescales wrong." Would the bank pay out after that or is it not more likely that would contest any decision over the time issue? A complete balls-up I think and if it needs court action, then fine, they'll get court action, but not before I've went through the complaints that the FOS for dealing with complaints about themselves.

    Still raging.
    Almost debt-free, but certainly even with the Banks!
  • fbredenkamp
    fbredenkamp Posts: 10 Forumite
    di3004 wrote: »
    Hi there

    And yes this is the letter you should be sending to request for all your information going back as far as 6 yrs.

    If it just the agreement you require for now, you can write to request for this alone by sending a £1 postal order or cheque payment for this request, they should supply by 12 days.

    They should still have the information from when You taken out the finance with PPI and receive that actual dated information, I'm sure you may be able to tell when this arrives.

    For PPI reclaiming, there is a link here with reclaim templates, follow the reclaiming procedures here: link

    Good luck and just yell for help when required.;)
    Hi,

    Would someone be kind enough to tell me if the following adjustments to the request letter is good enough. As previously explained, I lost all paperwork of previous loans in a move and can't remember the account numbers or details of the loans already paid off or the ones that were consolidated.

    Thanks in Advance
    Frank
    [FONT=&quot] [Insert your name [/FONT]
    [FONT=&quot]and address][/FONT]
    [FONT=&quot][insert date][/FONT]
    [FONT=&quot][insert name and [/FONT]
    [FONT=&quot]address of company [/FONT]
    [FONT=&quot]that sold your[/FONT]
    [FONT=&quot]loan/card insurance][/FONT]

    [FONT=&quot]Dear Sir or Madam,[/FONT]

    [FONT=&quot]Account number: xxxxxxxxxxxx (current account number)[/FONT]

    [FONT=&quot]I am writing to request a copies of my original loan agreements with [xxxxxxxxxxxxxxxxx]. If the original loan agreement does not include details of the insurance added to the account, such as the number and cost of any monthly payments or any lump sum fees and interest charges applicable to this fee, please attach or advise how I can get access to this information.[/FONT]

    [FONT=&quot]Please note that I am requesting ALL loan agreements and details of the insurance added to the account in my name that I have taken out over the last 6 years. Please find my previous addresses below to make your search easier.[/FONT]

    [FONT=&quot]Address 1:[/FONT]
    [FONT=&quot]Xxxxxx[/FONT]
    [FONT=&quot]Xxxxxxx[/FONT]

    [FONT=&quot]Address 2:[/FONT]
    [FONT=&quot]XXXXXXXX[/FONT]

    I enclose a cheque in the sum of £x to cover your fee.


    [FONT=&quot]I look forward to your response within 12 days, as [/FONT][FONT=&quot]is obliged under the Data Protection Act 1998[/FONT][FONT=&quot]. If not I shall seek remedy from the Information Commissioner.[/FONT]
    [FONT=&quot]Yours faithfully,[/FONT]

    [FONT=&quot][insert your signature][/FONT]

    [FONT=&quot][Insert your name (printed)][/FONT]
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