PPI Reclaiming Discussion part 4

andy2005

tiggrae wrote: »

you have to work out what you would get back - as they only pay for a maximum of a year I would suggest you wouldn't get back what you will pay in total if you made the claim at the end but if you've only had it for a year you'll get back more in claiming against it - then I'd cancel

thank you tiggrea ,yes i think this would be the case so i will fight for the reclaim ..

tiggrae

finshe wrote: »

I was thinking of going the court route because i have read the FOS only apply 8% interest and i was wanting to get the most out of them as possible to help reduce the balance.

The payments started feb 2005

the FOS allow for 8% under the County Courts Act 1984, which is obviously the same as the County Courts - but I don't think you're working it out correctly - it's worked out on a daily rate basis against each premium paid - just in the same way as bank charges, so the best thing to do is use the bank charges calculated on the MSE bank charges forum.

Be VERY careful about starting proceedings - if you get it wrong you could have it struck out on a technicality and this means you could be liable for the other sides costs !

tiggrae

mollymoo96 wrote: »

Hi I have been told today that fos have verything they need for my case now and it will go to the next available adjudicator.Is there still a long wait for adjudicators.

Thanks

put it this way I put a case to the FOS on 30th October and it was case no. 90000000, 4 days later I put in another and it was the case number given was 90012458, they had received over 12000 complaints in 4 days !!!

longhauladdict

Hi,
I have read the posts as much as I can, but am not sure where to go with this now?
I wrote to ACE Catalogue/Express gifts (letter 1) in reference to my PPI claim, and recieved a response today stating that they reject my claim on the following basis:
1.
The policy was selected via a tick box on an order form which I submitted. I assume that I should now ask for a copy of this form as I would NEVER take out PPI knowingly. Also, what happens if they cannot/won't provide this order form?
2.
I said that as I was not working for 16 hours per week (as the policy stated that I would need to be to claim), then therefore I would not be able to claim and therefore it had been missold on this basis. They have replied that it covers more than unemployment so therefore I could have claimed on another basis- eg, hospitalisation, life benefit etc.

Theye also state that they believe that this would fall outside the FOS's jurisdiction as the policy was sold in 2002. It was cancelled in Jan 2007 (no claims have been made against this policy as I was unaware of it!!!)

Can anyone advise the next step for me please as I am not sure how to respond???

Thanks xx

di3004

longhauladdict wrote: »

Hi,
I have read the posts as much as I can, but am not sure where to go with this now?
I wrote to ACE Catalogue/Express gifts (letter 1) in reference to my PPI claim, and recieved a response today stating that they reject my claim on the following basis:
1.
The policy was selected via a tick box on an order form which I submitted. I assume that I should now ask for a copy of this form as I would NEVER take out PPI knowingly. Also, what happens if they cannot/won't provide this order form?
2.
I said that as I was not working for 16 hours per week (as the policy stated that I would need to be to claim), then therefore I would not be able to claim and therefore it had been missold on this basis. They have replied that it covers more than unemployment so therefore I could have claimed on another basis- eg, hospitalisation, life benefit etc.

Theye also state that they believe that this would fall outside the FOS's jurisdiction as the policy was sold in 2002. It was cancelled in Jan 2007 (no claims have been made against this policy as I was unaware of it!!!)

Can anyone advise the next step for me please as I am not sure how to respond???

Thanks xx

Hi there

Do not give up.

I know its so annoying down to the fact they they were not governed, so they do tend to fob off, thinking you cannot go anywhere with this anyway.
If I were you, if the account is still running then they should provide you with the copy of the agreement, write a simple letter and enclose a £1 postal order or cheque payment, and tell them you expect to receive the agreement by 12 days.

Then write back to them and tell them you do not agree with their decision and ask them to reconsider.

You could still ask the FOS on this one, as they do tend to consider taking on these cases, even if they were not governed at the time you taken this out.;)

Just to add, that the response you had was standard, even if hospitalisation , life cover was included, you were still paying out for something that did not "protect you in full" tell them that, this is so unfair, and also tell them you can still seek further advice on this matter.

longhauladdict

Thanks so much for that.
Also, I have read somewhere that if a customer signs up fro something, then must have a full explanation of what they are signing for, ie the policy details etc???
As this is just from an order form, it will be interesting to see the CCA as I'm sure I don't ever remember signing anything, and I'm sure an order form wouldn'thave my signature on it!!

Thanks

di3004

longhauladdict wrote: »

Thanks so much for that.
Also, I have read somewhere that if a customer signs up fro something, then must have a full explanation of what they are signing for, ie the policy details etc???
As this is just from an order form, it will be interesting to see the CCA as I'm sure I don't ever remember signing anything, and I'm sure an order form wouldn'thave my signature on it!!

Thanks

That is right, I do understand that they should have made it clear to you to make sure you were eligible for the full protection, but it does not seem to be the case for you, so keep going at them.
You have your reasons here and its your money.;)
For more info and updates on reclaiming of PPI, check here as well:
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

And your welcome, please let us know how you get on.:beer:

bathgatebuyer

odyysey wrote: »

Bloody hell, thats ridiculous!

Is the two years starting from when u submitted a claim to them or from when they offered you the refund? Surely the FOS would take harsher steps against them now and demand your money be refunded back to you ASAP?

Hi all - it's been 2 years from the point at which Sainsburys rejected my complaints and been sitting with the FOS waiting for a resolution to all this. You do kinda hope that once the FOS say, "They've agreed to give you all your money back" that it would mean, "......and soon" but they initally said they had a 13 day backlog for arranging a cheque (which would have been before the first week of Sept), and then there's the mail strike and a suggestion that my cheque is sat in a mail sack in a depot somewhere.

Fingers crossed it all happens sooner rather than later! I was only going to use the money to pay off the balance of the card, close the account and then use the money leftover to go into my savings and be my rainyday fund.

di3004

bathgatebuyer wrote: »

Hi all - it's been 2 years from the point at which Sainsburys rejected my complaints and been sitting with the FOS waiting for a resolution to all this. You do kinda hope that once the FOS say, "They've agreed to give you all your money back" that it would mean, "......and soon" but they initally said they had a 13 day backlog for arranging a cheque (which would have been before the first week of Sept), and then there's the mail strike and a suggestion that my cheque is sat in a mail sack in a depot somewhere.

Fingers crossed it all happens sooner rather than later! I was only going to use the money to pay off the balance of the card, close the account and then use the money leftover to go into my savings and be my rainyday fund.

Hi Bathgatebuyer, hope your well.;)

I take it your still waiting then?

Its still a long time, even if this was as from pursing this with Sainsburys.
I hope they refund you even more money now due to all this waiting.

It would be fab news for you to receive this now and pay off your credit card and whatever left then treat yourself, you deserve this so much, fingers crossed it won't be that long now.;)

ww9066

For those of your who have had success through the FOS, can you tell me how long you've had to wait. I'm starting to get a bit narked with them too! They've had my complaint now since June 2007, and my last letter from them (saying that the next letter I got would be from my case adjundicator) was back in February. Each time I phone them they say they have a big back-log of complaints - and that they deal with them in order, but this can't be true, as I've read people getting decisions from the FOS in 6-12 months or so. Is it my bank dragging their heels?