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is this a valid claim?? advice please.. thanks

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Comments

  • dunstonh
    dunstonh Posts: 121,299 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I ask whose demands and whose needs are being considered? Is this worth the paper it was written on?

    it is a very important document for both parties as it records the key points. Prior to this document you only got something similar on financial adviser cases.

    In theory it should reduce the "grey" areas significantly and make them more black and white (as to what is right and wrong). However, when one is badly written, like yours, it really doesnt help.

    I would think you have a case here. Not so much on the pre-existing condition as you are still covered in plenty of other areas and the statement confirms existing condition and that there are restrictions. However, the fact you have 6 months full, 6 months half pay means that the policy only effectively gave you unemployment cover and was therefore unsuitable for your needs.
    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.
  • Placida
    Placida Posts: 240 Forumite
    Tenth Anniversary Combo Breaker
    Thanks again dunstonh for taking the time to respond to my post.
    I don't really think that I have a claim on this loan. As I said in my first post on this thread I was claiming
    “for refunds of PPI premiums & interest paid upfront for 2 barclayloans dated 2004 and 2005 both settled early with new loans. I received a letter yesterday saying they will review my complaint and reply by November 4th.

    I haven’t claimed for a further loan that settled the 2005 loan in November 2007 as it didn’t have PPI (or so I thought).The paperwork for loan stated it was a cash loan and there was no mention of any premiums. However, yesterday I too found a Statement of Demands and Needs with the papers for the November 2007 loan paper work."


    I was just a little confused by the content of the Statement of D & N when the agreement stated it was a cash loan. What is bugging me now is that I cannot remember
    •the exact circumstances of that loan although I am pretty sure it was a top up loan arranged on the phone
    •the discussion with the sales advisor which led to the D & N and what I actually agreed.

    Now after you advising me that my Statement of D & N
    “In theory it should reduce the "grey" areas significantly and make them more black and white (as to what is right and wrong). However, when one is badly written, like yours, it really doesn’t help.”


    I wondered was the person I spoke to on the phone responsible for the both the Statement and the loan agreement details that were sent to me and should I request a SAR for peace of mind? Think I might have just answered that myself! I did read on another thread that another forum member had also found a Statement of D & Ns with a cash loan agreement from Barclays and was asking if they had a claim.
    I apologise for the long post and any ramblings! Lady Dementia beckons!!
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