PPI Reclaiming Discussion part 4

mayfields

sharon666 wrote: »

mayfields wrote: »

Hi all, feeling a bit disheartened, have had a second rejection letter from Lloyds TSB. I believe I was mis-sold PPI as I was told in no uncertain terms by the seller that I would be turned down for the loan unless I took out the PPI. The loan is now paid off, and I have written to Lloyds twice with my complaint which they have rejected, it seems to be very much my word against theirs. I have now threatened the FOS. Should I continue or am I wasting my time now. Many thanks. no way don't give up all of us on here will support you ask the lloyds for a final reply, then take it to the fos, best of luck, sharon666

Thanks sharon666 I shall plough on!! It is great to have such support from the forum.

di3004

triticale wrote: »

Well...got my letter MUCH earlier than expected (had guessed it would come after Christmas) this morning! :j

BoS 'have decided to pay an amount which will put me back in the position I would have been had I not taken the PPI, without admission of liability and in full and final settlement of complaint' etc.

Next letter will give actual figures, obviously I need to check them before getting too carried away :rolleyes:. Payment will be made within the next month.

They mention that payment will be used against the loan 'where an account is in arrears'. I assume that means only if I have missed payments, not just having a normal balance on my loan?

I haven't had a single late or missed payment, so I should just get the cheque, right?

This is it!!! Onwards and upwards to debt-free-dom!! :T Roll on 2010, a new start...:beer:

Thank you for all your help, especially Di, marshallka, goaliesmum and amersall :santa2:

Brilliant :T:T:T:j:j:j Congratulations.:beer::beer:
And your very welcome.:A

Yes that is correct.:T

:xmassign::xmastree::snow_grin XXXX

goaliesmum

triticale wrote: »

Well...got my letter MUCH earlier than expected (had guessed it would come after Christmas) this morning! :j

BoS 'have decided to pay an amount which will put me back in the position I would have been had I not taken the PPI, without admission of liability and in full and final settlement of complaint' etc.

Next letter will give actual figures, obviously I need to check them before getting too carried away :rolleyes:. Payment will be made within the next month.

They mention that payment will be used against the loan 'where an account is in arrears'. I assume that means only if I have missed payments, not just having a normal balance on my loan?

I haven't had a single late or missed payment, so I should just get the cheque, right?

This is it!!! Onwards and upwards to debt-free-dom!! :T Roll on 2010, a new start...:beer:

Thank you for all your help, especially Di, marshallka, goaliesmum and amersall :santa2:

Hi triticale, well done, enjoy the win :j

I have just spoken to BOS as a month has passed and I haven't even received the "exact figures will be with you soon", let alone the payout

Was given a number for Team Leader on redress, guy was v. helpful, because BOS loan was reassigned to MBNA they have been waiting for confirmation from them (for arrears etc) explained to him that the loan was fully paid and closed, he has asked me to email my loan doc and he will get it calculated from that and ensure that the prior loan is also with redress team.

Hope all goes smoothly for you :beer:

marshallka

triticale wrote: »

Well...got my letter MUCH earlier than expected (had guessed it would come after Christmas) this morning! :j

BoS 'have decided to pay an amount which will put me back in the position I would have been had I not taken the PPI, without admission of liability and in full and final settlement of complaint' etc.

Next letter will give actual figures, obviously I need to check them before getting too carried away :rolleyes:. Payment will be made within the next month.

They mention that payment will be used against the loan 'where an account is in arrears'. I assume that means only if I have missed payments, not just having a normal balance on my loan?

I haven't had a single late or missed payment, so I should just get the cheque, right?

This is it!!! Onwards and upwards to debt-free-dom!! :T Roll on 2010, a new start...:beer:

Thank you for all your help, especially Di, marshallka, goaliesmum and amersall :santa2:

Well done and thanks for the appreciation. Enjoy your Christmas...:T:beer:

marshallka

DanDaniel wrote: »

thanks marshalka,

it was a loan with Black Horse Finance. Only problem is with it being ten years ago i do not have any paperwork/account numbers. I know i was basically told to take the ppi or not bother applying for the car finance. Is it worth pursuing do you think ??

Thanks for time

As it was BH I don't think they were regulated 10 years ago BUT I know of some that have complaints at FOS against the insurer/underwriter... maybe this is the direction to go.;)

marshallka

goaliesmum wrote: »

Thanks marshallka, most of the credit card debt is doggie number 1's bills over the last 2 years, treating an unresolved eye condition, she subsequently lost the eye, huge bills. She has just had another op last week over £400, cannot get them insured, age and pre existings, assorted lumps, she is now in smashing condition and the most comfortable she has been for a whiile. Quote for doggie number 2 is £650 but not as urgent. Oh and me poor cat, my best mate, has cancer of the soft palate but this is inoperable but he will be getting a supersoft bed for Christmas and lots of special food to tempt him with.

What a shame goaliesmum. I hated it this year when my doggie had a poorly eye (and then did the same to the other one too) and it would not clear up. He had corneal ulcers and ended up with 3 ops on it. He is fine now but we were beginning to think it was disease and not grass seeds or the likes of but I know just how we love them like our kids... I hope you doggie has a comfortable christmas and give him a big doggie kiss from me.;)

And I hope that puddy cat goes on ok too. What a time you are having.

PaulinWeston

tiggrae wrote: »

I don't think it's a good idea to start court proceedings as they'de probably request it be struck out as being 'time barred' under the Limitations Act and then you'de be liable for their costs.

They would probably request the claim be struck out but you can challenge this very successfully by pointing out the House of Lords have changed the law so that the six year period starts from the point that you noticed the mistake - NOT as alot of companies would like you to believe, the date of the agreement..

In Kleinwort Benson v Lincoln City Council [1998] UKHL 38 the House of Lords changed the law of mistake so that 'ignorance of the law' is now no longer 'no excuse'. The effect of the decision is, as Lord Hoffman pointed out, that the Limitation Act 1980 can now operate to extend the limitation period in cases of mistake of law. This means that the limitation will only now run from the date of your knowledge of mistake.

The Law it relates to is Section 32 (c) of the Limitation Act 1980.

In addition, Section 32 (b) of the Limitation Act 1980 deals with postponement of the limitation period in case of fraud and concealment. If they (the company that sold you the PPI) concealed any facts from you (i.e. your right to cancel, policy exclusions etc etc etc) then again - the 6 year period only starts from the time you discovered the deception!

In addition, if you use the small claims track of the county court (your claim is less than £5,000) then even if you do loose, you will NOT be laible for the other side's costs.

Hope this helps

melorablack

goaliesmum wrote: »

Hi triticale, well done, enjoy the win :j

I have just spoken to BOS as a month has passed and I haven't even received the "exact figures will be with you soon", let alone the payout

Was given a number for Team Leader on redress, guy was v. helpful, because BOS loan was reassigned to MBNA they have been waiting for confirmation from them (for arrears etc) explained to him that the loan was fully paid and closed, he has asked me to email my loan doc and he will get it calculated from that and ensure that the prior loan is also with redress team.

His name and number if you get the same delay ~Richard xxxxxx

Hope it all goes smoothly for you :beer:

I have PM'd you

tiggrae

PaulinWeston wrote: »

They would probably request the claim be struck out but you can challenge this very successfully by pointing out the House of Lords have changed the law so that the six year period starts from the point that you noticed the mistake - NOT as alot of companies would like you to believe, the date of the agreement..

In Kleinwort Benson v Lincoln City Council [1998] UKHL 38 the House of Lords changed the law of mistake so that 'ignorance of the law' is now no longer 'no excuse'. The effect of the decision is, as Lord Hoffman pointed out, that the Limitation Act 1980 can now operate to extend the limitation period in cases of mistake of law. This means that the limitation will only now run from the date of your knowledge of mistake.

The Law it relates to is Section 32 (c) of the Limitation Act 1980.

In addition, Section 32 (b) of the Limitation Act 1980 deals with postponement of the limitation period in case of fraud and concealment. If they (the company that sold you the PPI) concealed any facts from you (i.e. your right to cancel, policy exclusions etc etc etc) then again - the 6 year period only starts from the time you discovered the deception!

In addition, if you use the small claims track of the county court (your claim is less than £5,000) then even if you do loose, you will NOT be laible for the other side's costs.

Hope this helps

That's great thanks for the information, however I would point out a couple of things, the majority of people are claiming negligant misreprentation NOT fraudulent. Aloso, if a policy document was sent to you - you can't claim facts were concealed from you - you just didn't read the document.

Also, most banks will request a striking out of the claim BEFORE the point at which an Allocation Questionaire is completed (ie before you've got the chance to state it's a small claim) therefore, if the otherside are successful - you are liable for costs because at that point it's not yet been allocated to the small claims track - ANYONE THINKING OF COMMENCING A CLAIM FOR MIS SOLD PPI SHOULD CONSULT A SOLICITOR - PLEASE DO NOT THINK OF DOING IT YOURSELF !!!!

melorablack

tiggrae wrote: »

That's great thanks for the information, however I would point out one thing, most banks will request a striking out of the claim BEFORE the point at which an Allocation Questionaire is completed (ie before you've got the chance to state it's a small claim) therefore, if the otherside are successful - you are liable for costs because at that point it's not yet been allocated to the small claims track - ANYONE THINKING OF COMMENCING A CLAIM FOR MIS SOLD PPI SHOULD CONSULT A SOLICITOR - PLEASE DO NOT THINK OF DOING IT YOURSELF !!!!

Taking a PPI reclaim to court should be a last resort and you should try all the free options first (which can all be done yourself without the need for a solicitor etc).