PPI Reclaiming Discussion part 4

marshallka

Natalie6999 wrote: »

I have just had my final answer from Marks & Spencer which is no.

They have sent me a copy of the application form which states "We strongly recomend you take cover by ticking this box"

On the letter they have said that Marks & Spencer Financial services acted as an unauthorised intermediary for the sale of PPI as they were not a bank or a member of the GISC at the time of the sale.

I have rung FOS who are unable to help me as Marks & Spencer were not regulated by the FSA at the time of sale.

Who can I turn to now?

Sorry to hear this natalie.:mad: Would you take this to the courts? Is it a small claim under £5K. I don't know what to say now.... just really sorry for you.

What date was the PPI added? Who was the agreement actually with again?

Incipience

unsurewhattodo wrote: »

thanx,
Idont have a copy of the agreement but if i write would they give me one,i don't remember as it's so long ago but because i wasn't working and at the time had no intention of going back to work i woulnd't have agreed to it.I remember going to the bank for a review and being asked if i wanted a credit card and being surprised that i got a platinum with a limit of 10500 and i didn't work!!
I really dont think i was asked if i wanted ppi or if i was then it wasn't explained to me what it was for.
I think i should maybe just try to reclaim it i don't have anything to lose but i may gain.
thanks for your quick respose.

Well first you should informally call them and ask for a copy of the original agreement. If they ask why, just tell them that you have mislaid it, and you need it for your files.

If they refuse then ask them why, at this point raise a complaint.

With banks its the unknown that really freak them out.

Natalie6999

marshallka wrote: »

Sorry to hear this natalie.:mad: Would you take this to the courts? Is it a small claim under £5K. I don't know what to say now.... just really sorry for you.

What date was the PPI added? Who was the agreement actually with again?

Yes it would be less than £5k, the PPI taken out in 1998, How do I take it through the courts? The insurance is underwritten by Cornhill Insurance.

I am fuming.

marshallka

Natalie6999 wrote: »

Yes it would be less than £5k, the PPI taken out in 1998, How do I take it through the courts? The insurance is underwritten by Cornhill Insurance.

I am fuming.

This was a card then... Who actually gave the credit? Was it M and S or someone like GE for example.

Natalie6999

marshallka wrote: »

This was a card then... Who actually gave the credit? Was it M and S or someone like GE for example.

Marks & Spencer gave the credit.

maxdp

unsurewhattodo wrote: »

thanx,
Idont have a copy of the agreement but if i write would they give me one,i don't remember as it's so long ago but because i wasn't working and at the time had no intention of going back to work i woulnd't have agreed to it.I remember going to the bank for a review and being asked if i wanted a credit card and being surprised that i got a platinum with a limit of 10500 and i didn't work!!
I really dont think i was asked if i wanted ppi or if i was then it wasn't explained to me what it was for.
I think i should maybe just try to reclaim it i don't have anything to lose but i may gain.
thanks for your quick respose.

Hi unsure. If you go back to page 1 on this thread the lovely DI has left a SAR it is one that Incipience showed us. Make it fit for your purpose and send it off. They have 40 days to respond. Send cheque and post recorded delivery. Good Luck

marshallka

Natalie6999 wrote: »

Marks & Spencer gave the credit.

So it was a marks and spencers agreement. Usually like with these cards of top shop etc they are actually with a bank that does the credit agreement. Can you look at the actual agreement and see?

Natalie6999

marshallka wrote: »

So it was a marks and spencers agreement. Usually like with these cards of top shop etc they are actually with a bank that does the credit agreement. Can you look at the actual agreement and see?

They are in partnership with HSBC Bank.

Incipience

maxdp wrote: »

Hi unsure. If you go back to page 1 on this thread the lovely DI has left a SAR it is one that Incipience showed us. Make it fit for your purpose and send it off. They have 40 days to respond. Send cheque and post recorded delivery. Good Luck

Max, the SAR should only be sent once all options are exausted, bear in mind that you have to come across fair and reasonable. If they refuse a polite request for a copy of the agreement then and only then should you start action as they are then being unfair and ultimately unreasonalble.

Save yourself the tenner, the point is to put them off guard. You have to be Jekyl and Hyde in these situations.

Keep a diary of any calls and note the content of the calls, then start a binder, with your letters, and staple their responses to it.

You have to build a paper trail, so when and if this matter goes to the FOS or the Courts, you have a chain of events. Showing that you followed the procedures, and that you were acting fair and reasonable. I can not stress enough how important this is.

Back in 2006 I received a default from EGG, and you know how hard it is to get defaults removed. Well I had mine removed and EGG appologised. This would only have happened if I could prove that I was being fair, and that they were being completely unfair. I then gave them the option, after I sent the entire correspondence to them, to remove the default or face unilateral legal action.

We all have to understand that most of these companies have hundreds of people dealing with different complaints, now when a new complaint comes in the just look at the notes on screen, which are in most cases somewhat prejudice against you, therefore they tend to back each other up and respond in the same way.

However when you hit them with all the letters and their responses, it is clear that they acted unreasonable, and know this, they are more likely to find in your favour, as were it to go to court, on a balance of prabability the Judge would punish them for taking such an unfair attitude.

All these template letters and SAR requests are now just becoming white noise to lenders, they had it all with the bank charges, and now they are getting it all from the PPI angle.

Walk a mile in a mans shoes, and you will understand. It is therefore essential that arrogance on your part does not form part of any complaint.

firstluv

help

hadnt really bothered to claim for PPI as when I tried to claim for bank charges did not get anywhere with Halifax. I took out £10,000 loan in Jan 2006 i have been paying £248 per month!! this includes the PPI, I am trying to catch up on how I can go about claiming for the PPI, please feel free to help me out what i need to say in the letter, the address to send it to, do I have to calculate any of the interest etc so to send them the exact amount they should refund or I just wait for them to do the calculations? I hadnt received a statement until this monday when I looked at it i was shocked at the interest charges on the statement, i have the loan agreement letters etc all necessary paperwork

your help is greatly appreciated