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Take the Banks to court to reclaim PPI

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Comments

  • marshallka
    marshallka Posts: 14,585 Forumite
    debt55 wrote: »
    I think its up to the consumer to decide.

    FOS are currently 12-18 months waiting time.

    You can file a claim online after 14 days LBA.
    Great if you know you have been missold for definate (solid case) and great if you know exactly how much you are reclaiming but otherwise very risky to put amounts. Some people will just look at their agreement and think that is the amount they actually paid. Then that is the amount that the courts would be looking at in the claim and IF a loan is settled early then rebates are given against the PPI and also settlement interest is taken into account and the case could perhaps be dismissed because it is too much. IF you can make a claim without actually putting amounts to be claimed in then fine.

    I think its hard for consumers to actually know of any amounts to actually claim. In fact its hard for consumers when they actually have offers from the bank and FOS to "know" they are correct.
  • mrs_skint
    mrs_skint Posts: 281 Forumite
    Hear Hear Marshallka - I don't have the first clue about how to work out PPI claim so accepted their calculations as FOS had sent them a "settlement letter" on my behalf. For all I know I could be worth a fortune instead of £580.:eek:
    My LBM - December 2010!

    Q.Q: £726; Payday Exp: £650; WDA: £375; L.S: £779; PDP: £649; 24/7 Money: £130
    Provident: £1,700
    Black Horse: £3,471
    TOTAL: £8,480 :eek:
  • marshallka
    marshallka Posts: 14,585 Forumite
    mrs_skint wrote: »
    Hear Hear Marshallka - I don't have the first clue about how to work out PPI claim so accepted their calculations as FOS had sent them a "settlement letter" on my behalf. For all I know I could be worth a fortune instead of £580.:eek:
    Yes that is where it is sad. Often the firms just give a piece of paper with figures on that don't really tally with anything on the agreement at all and you are supposed to accept knowing that FOS has "agreed" that is correct to their knowledge (although half the time FOS has not checked also as its not really their job!!). Maybe the system needs changing there.
  • Me mum has just paid out money to We Fight Any Claim.....

    I dunno what to do about it.....
  • marshallka
    marshallka Posts: 14,585 Forumite
    Me mum has just paid out money to We Fight Any Claim.....

    I dunno what to do about it.....
    Is she within the cancellation period?
  • darknesshayz
    darknesshayz Posts: 122 Forumite
    edited 1 November 2010 at 6:19PM
    marshallka wrote: »
    Is she within the cancellation period?

    Took it out today, rung the bank to cancel transactions, but they cant do so....

    Typing a letter now, but I dunno how to word it.

    edit: mum rung company and they are refusing to cancel it..... HELP??
  • dunstonh
    dunstonh Posts: 121,406 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edit: mum rung company and they are refusing to cancel it..... HELP??

    Have they broken any marketing rules?

    Most common is that the claims company are required to put the details of their service and terms in writing before taking any payment. If they have not done so, then they have breached MoJ rules. Your mum should tell them that she will report them to the MoJ for rule breaches if she doesnt get a refund.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • darknesshayz
    darknesshayz Posts: 122 Forumite
    edited 2 November 2010 at 5:06PM
    dunstonh wrote: »
    Have they broken any marketing rules?

    Most common is that the claims company are required to put the details of their service and terms in writing before taking any payment. If they have not done so, then they have breached MoJ rules. Your mum should tell them that she will report them to the MoJ for rule breaches if she doesnt get a refund.

    The money was taken straight way, I did try and cancel the transaction with the bank on behalf of my mum, but it had already gone though, I am really finding this to hard to cope with right now.... I appreate everyones help/advise


    Edited: mum has posted a letter asking for them to cancel....

    If we don't sign anything but send it back, will the cancellation latter still stand? (tbh I think we shouldve sent the letter with the documents they are sending), it's all confusing.....
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