PPI Reclaiming Discussion part 4

eclic

Hi All,
I am new to the forum and new the the website. I have PPI on a few of my credit cards, mainly ones issued by MBNA. Now I cant remember if i actually did opt in for the insurance or not. DOes anyone have any advice for me?

di3004

eclic wrote: »

Hi All,
I am new to the forum and new the the website. I have PPI on a few of my credit cards, mainly ones issued by MBNA. Now I cant remember if i actually did opt in for the insurance or not. DOes anyone have any advice for me?

Hi and welcome.

For more information on PPI mis selling check this link here with a checklist of reasons of mis selling and templates:
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

Please post back if you think any of this occurs to you and we can help you through the process.

First of all do you still have any of the paperwork?

Cheers.;)

di3004

Hi again eclic

If you've no paperwork, you can request for a Subject Access Request (SAR) if you want to, they have 40 days to comply and post you as much as possible as shown on the SAR, there is a charge of £10 postal order or cheque payment for this, and post by recorded delivery, link SAR template here:
http://forums.moneysavingexpert.com/showthread.html?t=1475553
For the SAR, if you had for example 4 loans with the same company they must supply all the info on the same SAR, its only one SAR per company, so if you have 3 loans or credit cards with different companies you sent a request to them all, but they cover for all the accounts you have had with them. (hope this is not too confusing lol).

Or if its just the Credit Agreements you require, they charge £1 postal order or cheque payment for each one, and they should supply by 12 days.
If you no account numbers to enclose then give them as may personal details as possible as well, if your address were different when you taken out the finance and any different names etc and also give your date of birth, these details make it easier for them to track down your information.
......................................................................................................................

This below is a template I found for just the CCA requests, but there are many about on here somewhere, it should be okay to use for the agreements only here:

Dear Sir/Madam

Re:- Account/Reference Number

I do not acknowledge any debt to your company or its clients. (delete this line if you are not disputing the debt)
With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

2. A full statement of account.

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

4. A copy of any other documents referred to in the agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I are entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.
I understand a copy of our credit agreement should be supplied within 12 working days.
I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
I look forward to hearing from you.

Yours faithfully

Wendy_Evans_2

Hi, In 2003 we had a mortage with the Woolwich & as I was the only wage earner I took out cover for unemployment or illness with Barclays own insurance that I think the Woolwich pointed me to. I started paying it and in 2004 was made redundant after my original company was bought out. I did not receive any redundancy payment as my original company was liquidated before I started with the new one. I got a month in lieu and signed on for Jobseekers in October 2004, my benefit started in November because of the notice. I claimed under the policy and after initial incompetance - ie. not paying either me or the Building Society despite activating the payments we got the money paid to the Building Society and running smoothly. At this time I was waiting for an operation to replace my broken left knee cap, I spent 15 months on a 9 month list and eventually got my operation in April 2005. At this point the insurers refused to pay my claim any more citing a pre-exisiting condition. Now I have had arthritis since I was 5 so no contest but I am certain that no-one asked me if I had or was waiting for treatment for any condition before I started the policy. I think I had to state anything medical on the form but they did not tell me BEFORE I started paying the policy that any claim I made would be invalidated by medical need specifically relating to my arthritis. I think I wrote and protested that although my arthritis was chronic the broken knee cap was not but they left me in the lurch. If I had know the policy would not cover my needs I would not have purchased it obvioulsy I would have gone elsewhere. I do not have the paperwork now as time has passed but could I make a claim under the miss selling rules afterall they accepted my claim then changed it afterwards when I had to have surgery? How should I proceed if you think I have a claim that I could progress against them how should I do this please. I have my old mortgage details from the Woolwich so presumably they could give me the details of the insurance company who did pay them direct from my policy into the account. Appreciate your advice

di3004

Hi Wendy and welcome.;)

So sorry to hear of your issues here.

Going by what you said, you could not make a successful claim with the company due to your reasons then I would give it a go of reclaiming on your PPI, plus interest etc.

More info on reclaiming on the link below, write to them by giving your reasons as you posted above and they have 8 weeks to respond, you need to keep at them until you receive the final response, in the final letter they should give you details of the financial ombudsman service (FOS) if your not satisfied with the outcome of your complaint.
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

They may even send you a copy of your Credit Agreement when you complain with the first response.

However another way is to request for this by enclosing a £1 postal order or cheque payment, they should supply by 12 days, if you have a look at my above post posted to eclic, you will see a template letter there, I believe there are many of these templates on this site for the CCA request, but this is the one I had found.

There are also requests for Subject Access request (SAR) where they should comply by 40 days with all the information as possible requested on the SAR.
Read the details for this with the link below, as the cost of this one is for £10 postal order or cheque payment, but only if you want to ask for all your documents use this.
http://forums.moneysavingexpert.com/showthread.html?t=1475553


Good luck and please keep us posted, and ask for help when required, also make sure you post all letters by recorded delivery, for your proof of posting.;)

Di

dialysis

beaniebabe wrote: »

I agree and to be honest am considering seeking some legal advice on this whole thing with Picture.
I am also in a position now where I am struggling to make the full momthly repayments to picture and my claim has been with the FSCS since july 2008. Prior to this it was with the FOS for 6 months, prior to that I had contacted Picture directly three months after I took the loan out!
My husband has been off work sick due to an operation and has to be off for at least another 12 weeks. The PPI covers him not me but its a joint loan.
I was reluctant to contact TWG who provide the PPI but did contact them out of curiosity to ask if they would cover the repayments. They informed me that as my husband was on a temporary contract he was not eligible for any payments to be made.:mad:
This has really angered me but has also strenthened my case. I am now getting to the point where I am happy for them to take me to court as surely any court would not state that this was fair:mad:
I will keep you all informed if I receive any positive legal advice

Hi We are in same situation the PPI covered OH and only death for me (which we did not know) and again a joint loan. I finished work through ill health and obviously was not covered. We have sought legal advice and was told by our solicitor whose words were 'which b......s have done this to you' Unfortunatly from her perspective there is not a lot we can do about it and they have the right and the power to repossess our property even under the circumstances. I am sorry it is not good news for you but under legal advice we have been adviced to let them repossess. As far as the court goes the advice was that we may or may not get a lenient judge but in our case we cannot afford payments for our loan so we would be repossessed eventually anyway. This does not change the fact that if the PPI was legit things would have been different and we would not be in this postion now. I am sorry you are having it tough and am thinking of you Take care and keep us informed. Dialysis

dialysis

marshallka wrote: »

If in Dialysis's case this money from Picture would have stopped the respossession of the house then surely this could be a court case where compensation is due for this. I would speak to a legal person on this. Don't know if anyone agrees here?

Hi Marshallka We have sought advice from a solicitor unfortunatly she seems to think that we may or may not get a judge who will agree that what Picture have done is wrong. You are right about the compo we get would stop repossession but Pictures solicitor states they will not wait longer than a month to two months before they start proceedings. This with the FSCS is going to take longer than that. We have been offered a house which we cannot afford to turn down so thats it were well and trully stuffed by Picture and the time it is taking to sort by the FSCS. thank you for the advie though it is very kind of you

dialysis

pinknico wrote: »

They state that claims can take up to 6 months to resolve from time of Default and Christmas is just over 5 months a way, so they would have to hurry up on the Default issue if they want any claims sorted by then.
Quite agree with you dialysis this has taken much to long and I hope they are not sending out these Emails just to keep the peace and keep us quiet!

Hi Pinknico I wouldnt be suprised at all if this was a keep you quiet ploy!!!

ctnboi

Have received replys from all the companies i have wrote off to.
Allaince and Leicester have said go to ombudsman. GE money and Ulsterbank (RBS) have said the same.
Has anyone else had this problem?
Any advice and help on this matter and where to go next would be gratefully appreciated.
Cheers

ctnboi

The alliance and leicester said that the PPC was applied after a telephone conversation on July 23rd 2003, although they 'are not required to record 100%' of their calls. Since i was on holidays and only returned on this date, should i ask them to prove this before i go to the ombundsman?
Please help me as my head is fried!!!
Cheers