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PPI Reclaiming Discussion part 4

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  • amersall
    amersall Posts: 17,037 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Thanks DI I really appreciate the help and support you have given over the last few months. Seem to feel we are really getting somewhere and feel more secure that I have still got a job, house etc so thinking I am getting less stressed.

    Update......Black Horse sent a letter saying they do not think I was mis-sold any PPI as I had signed their Demands and Needs statement which was optional and had agreed to taking the PPI again which was optional do I go back to the FOS? They have sent their letter saying if I am still not happy to contact them?

    Also received another blooming letter from WF saying my balance was £18000 and I only took a loan out for £15k with PPI of £2404 and have paid it for 2 yrs and missed 4 payments so agreed to pay an extra £60 have paid 6 months of this and they state in a call that I am meant to be payin £281 however I have my bank statementswhich show £264 has been paid since June 2007 so what the hang is going on with them?

    Havent heard anything else so patiently waiting......x
    hi there, this is a fob off, go to fos. yes we signed forms . but the argument is we did not fully understand what ppi would cost us , we are not financial big wigs and knew what a con this ppi was, you go for it, they are hoping you will not take it further, you go get em and good luck
  • KevinV_2
    KevinV_2 Posts: 2 Newbie
    Hi

    Loan is with Northern Rock

    K.
  • amersall
    amersall Posts: 17,037 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    KevinV wrote: »
    Hi

    Loan is with Northern Rock

    K.
    hi thanks for that, have you decided what you are doing about cancellation? i had two with northern rock, and they said they did not mis sell the loans (just another fob off) it is now with fos. nr said i could cancel the ppi but that would mean another 4 years repay on one of the loans and 2 years on the other! at least if you win mis sell you are better off, please keep us posted
  • Stan73
    Stan73 Posts: 24 Forumite
    edited 7 May 2009 at 10:31AM
    OK my wife has written the first letter to Black Horse Finance about a the PPI on a loan taken out prior to 2005.
    She felt that the PPI was not an option and took it out as she felt it wouldn't have been given if she said no.
    They have responded very quickly with a copy of the signed agreement and what looks like a standard first reponse letter saying that:

    a) They were not a member of FOS when the loan was taken out and therefore she cannot take this case to the FOS (btw they are a member of FOS now)
    b) that they gave her a leaflet saying it was optional etc. which she doesn't remember and felt that the loan wouldn't have been agreed if she had said no to the PPI

    So the questions are:

    What are the options - can we go to the FOS if they weren't a member wen the loan was taken out?
    What should the next letter say in either case (if she can go to the FOS or if she cannot)

    All help and guidance appreciated.

    Thanks

    Stan

    PS Loan has now finished and is fully paid.
    Long Haulers DFW #160 LBM August 2008 - Debt then = [STRIKE]34660[/STRIKE] Now = 31000 DFD = 2015
  • di3004
    di3004 Posts: 42,579 Forumite
    Stan73 wrote: »
    OK my wife has written the first letter to Black Horse Finance about a the PPI on a loan taken out prior to 2005.
    She felt that the PPI was not an option and took it out as she felt it wouldn't have been given if she said no.
    They have responded very quickly with a copy of the signed agreement and what looks like a standard first reponse letter saying that:

    a) They were not a member of FOS when the loan was taken out and therefore she cannot take this case to the FOS (btw they are a member of FOS now)
    b) that they gave her a leaflet saying it was optional etc. which she doesn't remember and felt that the loan wouldn't have been agreed if she had said no to the PPI

    So the questions are:

    What are the options - can we go to the FOS if they weren't a member wen the loan was taken out?
    What should the next letter say in either case (if she can go to the FOS or if she cannot)

    All help and guidance appreciated.

    Thanks

    Stan

    PS Loan has now finished and is fully paid.


    Hi Stan

    Good luck with this.;)

    I find it weird if they were not members they deal with these complaints more quickly.....:rolleyes:

    There are a few options here, you could always try for example "Small claims court" here for more info:
    http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

    In normal reclaiming procedures, you keep on at them, until you receive the final response, as they have 8 full weeks to resolve this, some give you the opportunity to write back with more information, in order for them to reconsider.
    If you were able to take to the FOS the final letter will give details, but as they were not, you have that option of small claims. Advice guide here:
    http://www.adviceguide.org.uk/index/your_rights/legal_system/small_claims.htm


    You could use a solicitor, but alwayg get advice on this, and make sure your not being charged upfront etc.

    I'm sure anyone have gone these routes will post up with some advice for you, good luck and please keep us posted.;)
    The one and only "Dizzy Di" :D
  • Stan73
    Stan73 Posts: 24 Forumite
    So Di we cannot go to the FOS as this loan was started before they joined? That is a bit annoying to say the least. Thought that as they were now bound by the scheme we could have recourse etc.

    I think we will try at least a second letter - no harm in that and then threaten the small claims court.

    Thanks again Di.

    Will keep you posted on progress.

    Stan
    Long Haulers DFW #160 LBM August 2008 - Debt then = [STRIKE]34660[/STRIKE] Now = 31000 DFD = 2015
  • rosemahairy
    rosemahairy Posts: 199 Forumite
    di3004 wrote: »
    Hi Stan

    Good luck with this.;)

    I find it weird if they were not members they deal with these complaints more quickly.....:rolleyes:

    There are a few options here, you could always try for example "Small claims court" here for more info:
    http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

    In normal reclaiming procedures, you keep on at them, until you receive the final response, as they have 8 full weeks to resolve this, some give you the opportunity to write back with more information, in order for them to reconsider.
    If you were able to take to the FOS the final letter will give details, but as they were not, you have that option of small claims. Advice guide here:
    http://www.adviceguide.org.uk/index/your_rights/legal_system/small_claims.htm


    You could use a solicitor, but alwayg get advice on this, and make sure your not being charged upfront etc.

    I'm sure anyone have gone these routes will post up with some advice for you, good luck and please keep us posted.;)

    Black horse have said the same thing about my mums ppi claim. I am getting a final response then taking them to court.
    MY Successes = RBS PPI, RBS bank charges, Aqua PPI, Aqua cc charges, HFC PPI, Welcome Finance PPI, Blackhorse PPI Mums Ongoing= Swift Advances PPI, London Scottish PPI, Blackhorse chgs, GE money pyts missing
    :rotfl:Im Feeling fine Debt free 2009!
  • sacbaby37
    sacbaby37 Posts: 140 Forumite
    Part of the Furniture Combo Breaker
    Hi Di and all, hope your all ok on this lovely sunny Thursday, havnt been on for what seems like months but daughter got glandular fever and been very poorly, anyway about barclays, i recieved 2 letters from them saying they were looking into my complaint about the PPI and credit card charges, i have recieved a letter today about the PPI saying that they are still looking into it but to assist them with there investigations they want me to fill out a questionaire and return it. Should i fill it out or not, is this just stalling tactics or am i any nearer to getting the money back?, there is no mention of the charges so should i write yet another letter or wait? so many questions, im sorry for waffling. I have also recieved 4 letters from the FO saying recieved my letters about other companies, cap one, studio and sky so just sit back and wait for them now. I have also recieved a letter from citi saying no to my reclaim, but it wasnt a final response but gave me a leaflet and address of the FO do i go straight to the FO with them or write again. Thanks again for listening and ur help is greatfully recieved. Sarah.:confused:
  • pinknico
    pinknico Posts: 3,261 Forumite
    Hello Sarah, hope your daughter is feeling better, up to you whether you fill out your Barclays questionnaire or not, yes it is a stalling tactic. How long have they had your complaint?
    How long have they had your charges complaint? If more than a few weeks send second letter.
    Ring FOS about Citi saying they enclosed leaflet but had not written final response and see what they say.
    Goodluck.xx
    DS1 12/10/04
    DS2 13/07/06
    DD1 06/12/07
  • sacbaby37
    sacbaby37 Posts: 140 Forumite
    Part of the Furniture Combo Breaker
    pinknico wrote: »
    Hello Sarah, hope your daughter is feeling better, up to you whether you fill out your Barclays questionnaire or not, yes it is a stalling tactic. How long have they had your complaint?
    How long have they had your charges complaint? If more than a few weeks send second letter.
    Ring FOS about Citi saying they enclosed leaflet but had not written final response and see what they say.
    Goodluck.xx
    Hi Pinknico, thanku i hope she does too, i first wrote 1st letter in Dec, then 2nd in Feb and they sent me 2 in Feb asking me to be patient but they would look into my complaint by the 25th April, then recieved this questionaire, the charges complaint was sent at the same time. And i will ring the FO and see what they say about citi, oh i forgot to mention it does say if i am not happy or dont understand anything in the letter then to write to them at the given address, they do waffle on about their charges are fair and they have reduced them.
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