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PPI Reclaiming Discussion Part 5

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  • amersall
    amersall Posts: 17,035 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    1s10ma wrote: »
    Can anyone please help?
    A friend would like an assistance please?
    He has lots of debts including cc and planning to do an IVA. He earns about £1400 monthly and all goes on paying bills and cc. He has 2 mortgages - both properties are on negative equity.
    He lives in one with his family and let out the other - rent collected is just enough to pay the mortgage.

    The question is, if he goes into an iva, will he lose both properties, as he does not want to end up on the street with his family?

    What is the best way to approach his debt.

    You need to post this here
    http://forums.moneysavingexpert.com/forumdisplay.php?f=159
    They can help you more with this.
  • amersall
    amersall Posts: 17,035 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    And what cappo said :D:o
  • di3004
    di3004 Posts: 42,579 Forumite
    james24575 wrote: »
    Hi

    i wrote to Captial One using the MMT template asking for the org paper work for a credit card we had for 10 years. The account was closed in Jan but they have quoted they're under no obligation to provide documentation, section 78 of the consumer credit act 1974 does not apply.


    I'm smelling a rat but what do i do now.


    Thanks in advance


    Hi and welcome

    As amersall says that is correct, but they may still hold other data on the account if it were still active over the last 6 years.

    You can optionally request for a SAR, with details amersall left if you want to but still continue with a reclaim/complaint by completing the reclaim questionnaire as on step 3 of reclaiming.
    Complete and send to the ones responsible for selling/setting up your account.
    Keep a copy in case you need to refer back to this again at some point.

    With not having the Agreement shouldn't stop you making a reclaim.;)
    The one and only "Dizzy Di" :D
  • abbamoney
    abbamoney Posts: 2 Newbie
    edited 7 April 2012 at 1:32PM
    Does anyone have experience of claiming for non-debt related PPI with MBNA? I have tried searching the forum for anyone who has tried claiming for the cc PPI added to monthly statements that MBNA add. I am unsure if this is PPI optional or not and have about 6 years of possible claims? I'm a newbie to all this so apologies if this is wrong.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    abbamoney wrote: »
    I have tried searching the forum for anyone who has tried claiming for the cc PPI added to monthly statements that MBNA add.
    Here's the link for you to follow:

    http://www.moneysavingexpert.com/reclaim/ppi-credit-card-insurance

    Be aware that credit cards are very much "debt", so it's inaccurate to describe the complaint as "non-debt related" :p
  • Thanks Moneyineptitude - To make my last post clearer I should have said I pay my cc off each month so don't have 'debt' or the 'debt' (if you see what I mean. My PPI over 6 years is probably between £400 - £700 but as I wasn't aware this was an optional insurance I haven't tried to claim it back till now. I looks like MBNA are difficult to claim back from but if I've got a case I may try drafting a letter to them.
  • Octonut
    Octonut Posts: 46 Forumite
    Part of the Furniture Combo Breaker
    I've sent off the FOS questionnaire to MBNA, Barclays Bank, Capital One and Barclaycard and I've had my first response back from MBNA stating they hope to give me a decision within 28 days - I feel quite nervous for some reason now.

    Does anyone else find its obsessional? I keep reading the success thread and daydreaming!
  • cappo
    cappo Posts: 2,121 Forumite
    Octonut wrote: »
    I've sent off the FOS questionnaire to MBNA, Barclays Bank, Capital One and Barclaycard and I've had my first response back from MBNA stating they hope to give me a decision within 28 days - I feel quite nervous for some reason now.

    Does anyone else find its obsessional? I keep reading the success thread and daydreaming!



    Hi Octonut i think we're all the same on here i've got 5 cases in with the fos, my last five and you do wonder whether they will get upheld or not.
  • dai1927
    dai1927 Posts: 41 Forumite
    I recently complained to First Plus about mis sold PPI, my reasons were that i was told that if i didnt take ppi the loan would probably be rejected, also i was not fully explained about the 5 year cash back plan and that if i had been then i would not have taken the loan.

    I took the loan out in 2003 Firstplus sent me a letter to contact the broker on the issue, although i contacted Firstplus and Firstplus only to get the loan and the loan agreemnet is Firstplus letter headed but they insisted it was brokered.

    So i contacted the broker who sent me a letter saying they have no correspondence of me on their system, phoned Firstplus who said it was and take it to the FOS.

    I complained to the CEO and immediately got help from Firstplus who through further investigation found that the loan was actually brokered to HFS who are now Capital One. So they have said to contact them with regard to the claim, again thuogh i have never had any correspondence wit HFS or Capital One.

    So i am now going back to the CEO and will complain yet again and state that Firstplus were the lender and its up to them to chase any 3rd parties as it was Firstplus who took my money and gained interest on it, i am also willing to take legal proceedings and to take this to court if need be.

    Do you think im right to do this.
  • cappo
    cappo Posts: 2,121 Forumite
    dai1927 wrote: »
    I recently complained to First Plus about mis sold PPI, my reasons were that i was told that if i didnt take ppi the loan would probably be rejected, also i was not fully explained about the 5 year cash back plan and that if i had been then i would not have taken the loan.

    I took the loan out in 2003 Firstplus sent me a letter to contact the broker on the issue, although i contacted Firstplus and Firstplus only to get the loan and the loan agreemnet is Firstplus letter headed but they insisted it was brokered.

    So i contacted the broker who sent me a letter saying they have no correspondence of me on their system, phoned Firstplus who said it was and take it to the FOS.

    I complained to the CEO and immediately got help from Firstplus who through further investigation found that the loan was actually brokered to HFS who are now Capital One. So they have said to contact them with regard to the claim, again thuogh i have never had any correspondence wit HFS or Capital One.

    So i am now going back to the CEO and will complain yet again and state that Firstplus were the lender and its up to them to chase any 3rd parties as it was Firstplus who took my money and gained interest on it, i am also willing to take legal proceedings and to take this to court if need be.

    Do you think im right to do this.



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