PPI Reclaiming Discussion Part 5

gramochroi

Have been thinking about Mark's plight all weekend, but think I may have been a bit innocent? Magpie, pls can you tell me if he has verified his status to you? Just would like to know if I need to be a bit more careful where I spend my mental energy!!!!! Have seen him been accused of being a troll a few times on here.

kelty

amersall wrote: »

Write back to them and reject the reasons they gave for not upholding, show that you could pay this card back so had no need of the PPI,good sick pay, savings life insurance etc, tell them also that they cannot put that because they gave you the t&c this does not constitute a "proper sale " of the PPI.

thanks will give that a try .:D

neilatc

Hi there - looking for some advice please... hope someone can help!

I wrote off to one of my current credit card accounts, under section 78 of the CCA to ask for paperwork when I opened my account, to check if I had been getting charged for PPI.

Today I got a reply from them saying:

"We are currently unable to provide a copy of your credit agreement. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues.

Notwithstanding that we cannot currently enforce the agreement, our rights continue to exist under the agreement. You should therefore continue to pay the debt that has accrued on your account.
We can and will continue to take any action short of enforcement, which included reporting to credit reference agencies without also telling them that the agreement is currently unenforceable, demanding payment from you, issuing a default notice to you and instructing a third party to demand payment or otherwise seek to procure payment. We refer you to the case of Philip McGuffick v The Royal Bank of Scotland (2009) EQHC 2386 in which it was held that none of these steps constituted "enforcement" for this purpose.

Please note that the decision in Carey v HSBC (2009) EWHC 3417QB makes it clean than an unfair relationship cannot be said to have arisen between us as a result of the fact that we have not currently complied with section 78 of this Act. To the extent that you seek to allege that an unfair relationship has arisen, such allegations will be opposed.

Yours etc"

What?!?!?!? All I wanted was a copy of the original agreement, to see if I have been paying PPI! Are they saying they do not have this paperwork, so cannot provide it to me? - but that this doesn't mean that our agreement isn't binding?
Thats fair enough - i'm not trying to get out of paying off my credit card debt, but I DO want to know about PPI payments! What should I do next?

Any help would be MUCH appreciated! (sorry for the long message!)

PaulH40

Just a quick one, Okay so I have got my credit report free from experian of course. So how can I tell if I was conned into taking out PPI, as I do not have any other paperwork to prove otherwise? Or do I just go for the scatter gun approach and fill the questionaires in anyway and just hope that the credit card companies are niave enough to cough up anyway?

amersall

What?!?!?!? All I wanted was a copy of the original agreement, to see if I have been paying PPI! Are they saying they do not have this paperwork, so cannot provide it to me? - but that this doesn't mean that our agreement isn't binding?
Thats fair enough - i'm not trying to get out of paying off my credit card debt, but I DO want to know about PPI payments! What should I do next?

Get back in touch with them, they think you want to make this debt unenforceable, explain to then that you want to make a claim for PPI mis sell.

amersall

PaulH40 wrote: »

Just a quick one, Okay so I have got my credit report free from experian of course. So how can I tell if I was conned into taking out PPI, as I do not have any other paperwork to prove otherwise? Or do I just go for the scatter gun approach and fill the questionaires in anyway and just hope that the credit card companies are niave enough to cough up anyway?

You use the last 4 digits at each account on the file, contact the banks and ask if you had PPI, if you did and you were mis sold then put the claim in.

If you have no PPI and just put the claim in you will hold the claims up for people who have PPI and were mis sold.

If you don't think the bank is telling the truth with PPI then send a DSAR request, this will cost £10 per bank and they have 40 days to comply, ask for all info they hold on you not just the agreements, it is possible the bank may not have the data but you won't know until you try.

https://forums.moneysavingexpert.com/discussion/1475553

AlexandraH

gramochroi wrote: »

My eight weeks from their most recent letter is up this week, wonder what if anything I will hear next? Sounds like you got through to them at some stage - do you actually have a number where you can reach them? If so, would be really grateful if you shared it with us all!!

I think the banks need to set aside some money for compensating traumatised postmen/women!!!!

In the end I used the following contact details which I got from the A-Z of banks on another part of the forum:

The Manager,
Service Quality Team,
HSBC Bank plc,
Arlington Business Centre,
Millshaw Park Lane,
Leeds,
LS11 0PP.
0800 881 155

It was actually answered by a real human being who managed to check the details of my claim once I had answered the million or so security questions. I'm afraid it had absolutely no effect on speeding things up and I'm still waiting to hear from them with a revised offer.
Maybe instead of paying out whopping bonuses they could invest in a phone system which works and some counseling for all those posties. I'm pretty sure mine thinks I wait behind the door and snatch the post as it comes through - either that or he thinks I have a very quiet dog!
Good Luck!!

[Deleted User]

neilatc wrote: »

All I wanted was a copy of the original agreement, to see if I have been paying PPI!

Ring them immediately and explain all you wanted the agreement for was to ascertain whether you had PPI. If you don't contact them, you may find your account is suspended because, as Amersall said, they think you are attempting to make the debt unenforceable in court.
While you're on the line, why not simply ask them if PPI was attached to the account?

(It's also pertinent to point out that, if you do have PPI, it will show on your monthly statement)

heyboots

martynjf wrote: »

Hi

i took out 2 loans with PPI through Lloys in around 1998 / 99. I have no paperwork and can't remember the full details. I know any claim is a long shot but does anyone know if I have any chance?

m

dont you have online banking? my online banking goes back 10 years i got some loan numbers from there

[Deleted User]

PaulH40 wrote: »

do I just go for the scatter gun approach and fill the questionaires in anyway and just hope that the credit card companies are niave enough to cough up anyway?

This is definitely NOT the way to proceed. You have to do proper research and provide testimony and evidence (where possible) that any PPI you had was mis-sold. Putting in opportunistic, and likely fraudulent, complaints is unfair to people with genuine complaints who are kept waiting longer as a result of such activity.

Here's the MSE advice article for you to follow:
http://www.moneysavingexpert.com/reclaim/ppi-credit-card-insurance