Take the Banks to court to reclaim PPI

debt55

Issue proceedings like we used to with Bank Charges, they have no right to put claims unaffected by the Judicial Review on hold.

The way forward.

Don't let them off the hook!

dunstonh

Issue proceedings like we used to with Bank Charges, they have no right to put claims unaffected by the Judicial Review on hold.

The problem is that FSA rules are different to law. You are effectively accusing the retailer/seller of fraud. So, there will be some onus on you to provide evidence of that. It is very rare for anyone to have such evidence.

So, how would you get around that?

debt55

dunstonh wrote: »

The problem is that FSA rules are different to law. You are effectively accusing the retailer/seller of fraud. So, there will be some onus on you to provide evidence of that. It is very rare for anyone to have such evidence.

So, how would you get around that?

Fraud? Is that what happened with Nemo and all those other cases that won in court?

FWIW, you may not be aware, but the FSA, the FOS and the Courts of the this land have NOT put any claim on hold, unlike the bank charges debacle when they did.

Therefore, if the bank fob you off with a "claims on hold until JR" letter, hit them with a claim...

what.. they will all turn up to court? to challenge a single premium policy? :rotfl::rotfl::rotfl::rotfl::rotfl:

Sorry, btw, you were the IFA chap? had many claims against you?

debt55

all gone quiet? strange... but true!!!!!

dunstonh

Fraud? Is that what happened with Nemo and all those other cases that won in court?

What about all the cases lost?

FWIW, you may not be aware, but the FSA, the FOS and the Courts of the this land have NOT put any claim on hold, unlike the bank charges debacle when they did.

It doesnt matter as the bank charges issue is totally different.

Sorry, btw, you were the IFA chap? had many claims against you?

None. I wont get any either because as you say, I am an IFA.

debt55

You asked me how i would get around that

i told you how, you point blanked ignored it, you were under the assumption that all claims were on hold in the courts

they are not

so hit them with a small claims moneyline online jobby... and i wonder how many will end up in court for single premiums

how many do you think dunce?

debt55

dunstonh wrote: »

What about all the cases lost?



It doesnt matter as the bank charges issue is totally different.



None. I wont get any either because as you say, I am an IFA.

lol if you were the IFA that advised the sale, YOU get hit with the claim

surely you know that? right?

dunstonh

i told you how, you point blanked ignored it, you were under the assumption that all claims were on hold in the courts

they are not

so hit them with a small claims moneyline online jobby... and i wonder how many will end up in court for single premiums

I didnt ignore it. You cant just go to court and expect the court to rule in your favour. You have to show wrong doing and that wrong doing is using law. Not FSA guidelines.

how many do you think dunce?

Why the attitude?

lol if you were the IFA that advised the sale, YOU get hit with the claim

surely you know that? right?

As I said. I am an IFA so thats not a problem. I think you are mixing up IFAs with mortgage advisers. IFAs are financial planners and investment advisers.

debt55

dunstonh wrote: »

I didnt ignore it. You cant just go to court and expect the court to rule in your favour. You have to show wrong doing and that wrong doing is using law. Not FSA guidelines.



Why the attitude?


As I said. I am an IFA so thats not a problem. I think you are mixing up IFAs with mortgage advisers. IFAs are financial planners and investment advisers.

IFA - did ADVISE on PPI sales to clients, I'm sure you are well aware of that, would not be surprised if you did yourself, nice commision kickback?

and if you were not aware, then run, you should not be advising anybody on anything as you don't know yourself.

Nemo v Yates was a simple ruling based on Single premium policies as being unjustly expensive, and poor value for the consumers, with large commision rebates for all parties on the sell side.

You dont actually need to use FSA guidelines, you use the law, and case law as provided by Thorius v MBNA, Nemo v Yates and a few others to state you why single premium, which are now banned, was unacceptable.

How many banks challenged consumers when they filed a small claims challenge for bank charges? NONE

and yet there was no case law, and bank charges were not banned by the CC, as they have with single premium PPI

so... i ask again, for the third time... how many times will a bank defend against missold single premim policies... you know the ones... that banks have stopped selling and have been outlawed :D:D

dunstonh

IFA - did ADVISE on PPI sales to clients, I'm sure you are well aware of that, would not be surprised if you did yourself, nice commision kickback?

The term "IFA" is not recognised with general insurance. If an IFA is recommending insurance they are not doing it with their IFA hat on.

I'm sorry to disappoint you but I have no cases on that front.

and if you were not aware, then run, you should not be advising anybody on anything as you don't know yourself.

I suggest you read up on the different classifications before telling me what i do and dont know.

Nemo v Yates was a simple ruling based on Single premium policies as being unjustly expensive, and poor value for the consumers, with large commision rebates for all parties on the sell side.

You dont actually need to use FSA guidelines, you use the law, and case law as provided by Thorius v MBNA, Nemo v Yates and a few others to state you why single premium, which are now banned, was unacceptable.

Which is all fine and well and generally matches what everyone on this board, including myself, has said. Single premium where interest is added to it is bad.

so... i ask again, for the third time... how many times will a bank defend against missold single premim policies... you know the ones... that banks have stopped selling and have been outlawed

You are changing the subject now. You didnt say single premium only (and one assumes you mean only the types with interest added). You only added that later in your thread. Your topic title and first post just said PPI. If you had said single premium with interest charged then I would agree with you. However, you didnt. You said PPI which covers all types.

TheRealDeal_2

Its good to see someone else who is thinking like I am.

I got conned by Beneficial Claims aka We Fight Any Claim and used the online Money Claim to get my money back, within days of using the service my money was back in my account and an apology given.

Before this I had spent a fortune and hours of my time on the phone for 4 months asking for my money and getting nothing but an absolute outright NO to my demand for a refund.

Just shows you !

Anyways I decided since the Money claim system worked so well for me that I would skip the usual long drawn out way of demanding PPI back and basically sent a letter to a Credit card company and told them I was Mis-sold the PPI and they need to pay it back.

They tried to fob me off of course so my second letter had a detailed explanation of why they have mis-sold it to me and of all the ways I plan on getting it back by complaining to the FoS and issuing a claim via Money Claim etc.

I told them they have the usual 40 days to pay up or shut up and see me in court and I will be requesting legal costs to be re payed by them plus the statutory 8% unless they want to get in touch soon with offer of a Refund.

I am still waiting on my response, its been 3 weeks.