Reclaim CPP article discussion

Bill-K

Hi Beckshwarz. I see that Tux900 has posted some better advice while I was writing this post, but I think we agree broadly as regards the way to go. That is an excellent post, Tux - and it sure seems to put the onus firmly on CPP to re-draft the cheque. CPP's original redress offer and subsequent correspondence now seems to prove the continued existence of an unpaid debt, established under the CPP/FCA 'Scheme.'

The rest of my earlier post now follows:-
As a fellow MSE newbie myself, I only humbly offer my own advice from my own experience with CPP Ltd. Do please wait to see if better advice is posted here later.

Presumably you were contacted by CPP and you sent in your claim as per the 'Scheme' - and you subsequently qualified for redress under the Scheme, which was duly sent to you. It doesn't look to me as though there is much hope of getting CPP to send another cheque, but I think what I would do would be to scan a copy of the cheque for your own records - and then return it to CPP and request that they re-draft it. I would add that - as you qualified under the scheme to receive redress, and CPP have previously admitted and agreed that you do - your claim cannot now be considered as disqualified simply because you failed to cash the refund cheque, and it would be unreasonable for CPP Ltd to refuse to re-draft it after you have returned it uncashed and explained the circumstances. If CPP still refuse, then I guess the next step would be to complain to the FOS, as there is nothing to lose by doing so.

But even if the FOS don't uphold your complaint, there is still hope, I believe. In my own recent posts, I have mentioned that I consider the CPP-associated account interest charged each month on the CPP premiums by the lender/card-provider should be refunded for the same reason that this associated interest is ordered to be repaid by both the FCA/FOS and HM Courts Service on claims for PPI and unlawful charges. I have such a claim currently in progress with a card-provider, as the FOS advised me to claim this interest directly from them. It is quite possible that this interest is a larger amount than your original CPP refund offer.

And there could be more. Any CPP premiums paid prior to 14/01/05 are not covered by the CPP Scheme, and were not repaid by CPP for that reason. Again - the FOS have advised me to reclaim these premiums (along with the associated account interest plus a further 8% Statutory Interest) directly from the card-provider, which I have done. I can report that the card-provider has now refunded these earlier premiums plus 8% SI. The claim for the associated interest is still in progress, however.

Bear in mind that pre-2005 premiums are not covered by the CPP 'Scheme,' and therefore the lenders cannot claim any exemptions under the Scheme with respect to these premiums. It may help if I mention that I wrote to CPP Ltd. after receiving their refund, and I asked for further details of how the refund had been calculated. They kindly sent me these, which listed all the CPP premiums paid - including the un-refunded pre-2005 ones. I was then able to base the claim for the pre-2005 premiums on this info, which I did not have until then.

I hope I may have helped.

debtfree_2016

tux900 wrote: »

From the

So, whilst legally there is no time limit (other than the six year statute of limitations) on the validity of a cheque it is common for cheques not to be honoured by banks after six months. However, this does not remove CPP's obligation to settle the debt that they owe you and so if they are not willing to pay by another means (or of course a replacement cheque) then you should raise a dispute. If this fails take it to the FOS.

You *will* win. CPP have agreed they are indebited to you (the fact you have a cheque is evidence of that) and so you have six years within which to persue the resolution of that debt.

Be aware that . The cheque you have is simply an instruction from CPP to their bank to pay you on their behalf. Whilst that instruction may have expired the debt hasn't.

Hi, I am a newbie on this forum! I am also in the middle of drafting a letter to CPP because I discovered a letter yesterday in my junk mail pile with a cheque from CPP. My name was misspelled (hence the reason I dumped mail in junk pile). I've tried to bank the cheque but similar to the stories from previous posts, it was rejected by the bank and especially with the name misspelled. I've contacted CPP but they refused to re-issue the expired cheque.

How would you word such letter? Any advice will be great.

tux900

I'd be inclined to go straight to the ombudsman. You have given them the opportunity to resolve the issue and they have refused hence this avenue is now open to you.

Bill-K

Hi to you debtfree_2016 from a fellow newbie.

Indeed - the FOS is now an option. But in my own humble opinion - like going to court - I believe that going to the FOS should be seen as the last resort, and not the first option. I am sure that the FOS would also agree that we should exhaust every other option before resorting to arbitration of any kind - not least because such arbitration often now takes around 3 years or more to conclude via the FOS.

You may also want to take the opportunity to consider the issues I have previously raised here (see posts #2119 & #2122) as regards associated account interest, which may well be worth several times what you have been offered by CPP Ltd. - but which are being very cleverly 'swept under the carpet.'

seacam

not yet a forum member but have CPP and have written to bank it informs me me they did not sell the policy it it was cpp that sold it. By this time i had passed the matter to Ombudsman Service who advise they will not consider my case due to CPP not being regulated in 2002 the start of my joining CPP

Anilones

beckshwarz wrote: »

[FONT=Arial, sans-serif]I claimed for compensation under the redress scheme and was unknowingly successful. When the letter arrived my dad 'filed' it in a draw and it emerged unopened seven months later. I tried to cash the cheque but it bounced. I then contacted the scheme administrator and this was in his reply[/FONT]


“[FONT=Arial, sans-serif]I am afraid we are not able to issue you a new cheque. This is because our records show six months have passed since the date we issued the cheque. In accordance with the terms of the scheme, your scheme claim has expired and no compensation is due under the scheme”[/FONT]


[FONT=Arial, sans-serif]I have looked at the terms and conditions of the scheme. It is very clearly documented as to what action you should take if you do not agree with the compensation amount but there is no section for ' your dad failed to tell you a letter had arrived seven month ago”.[/FONT]


[FONT=Arial, sans-serif]I am therefore unsure of my next course of action. Should I be commencing 'Dispute Resolution Procedure' or just taking my query to the Financial Ombudsman Service?[/FONT]

How did this go?

I have a very similar situation, it went to my parents' house and was only passed onto me after the six month period. I have contacted both CPP and the Ombudsman with the advice that I need to first contact the CPP scheme adjudicator before the Ombudsman will look into the matter. Does anybody have any experience of contacting the CPP scheme adjudicator? How should the letter be constructed?

kestrel19

I have read the above with great interest as I am having a similar problem with CPP. I was sent a cheque by CPP as a result of my claim but it was sent to a Uk address I use for many mail deliveries as i live in Europe. Not having been back to the UK since last June the letter containing the cheque was only picked up by my wife when she returned to the UK two weeks ago.

She attempted to pay it into my bank which she did successfully only for it to be not honoured three days later. The bank have returned the cheque to me and this afternoon I telephoned CPP from Europe requesting them to reissue the cheque which I understand is in accordance with UK law. After spending ages confirming who i was the gentleman from CPP then informed me that he could not reissue the cheque as the High Court judge who ruled on the CPP Compensation Scheme had stated that CPP were not legally bound to reissue a cheque after 6 months.

I stated to this gentleman that UK law was quite clear in that CPP had a legal contract with me and that they were legally obligated to reissue the cheque. I also stated that i doubted that any High Court Judge could make a one off law that circumnavigated existing law. He was unmoved and I was not impressed by these charlatans. My next course of action will be writing to them and asking that the cheque be reissued in accordance with UK law, failure to do so will leave them in breach of a legal contract.

From what i have read above I believe this to be the correct course of action at this stage.

Maug

I was sent a cheque in May 2014 for over £200 as compensation for CPP after I filled in the form. Unfortunately, it went to my parents' house and I only just received it! I called to see if they could reissue to the cheque but they say it's not possible. From what others have said that seems to be untrue, what's the best way to address it.

At the same time, HSBC are currently processing a claim that I did not submit (I just got a letter through about it), so I'm not sure if it's related. Does anyone have any idea what's going on?

Mummybear1976

Re: Sentinel. I've received my letter to vote so I'm assuming I must qualify in some respect to re-claim re Sentinel. However, I no longer have any paperwork, nor can I remember anything beyond the fact that it was sold to me as an adjunct on an Allders Store Card. I believe the financial institution handling these insurance protections changed more than once whilst I had the card. In the event of my trying to make an insurance claim at one point, I was told that, at that time, I didn't qualify as I worked under the required 16 hours per week so I was mis-sold on two counts as I was not told this at the time of taking out the plan. My problem is that I am unsure exactly how long ago this policy started but I believe it was well prior to 2005. Will I still need to make my own claim separately and, if so, where the heck do I start? Or, does the fact that I've been contacted mean that I'm already in the machinery to re-claim. Thoughts anyone?

Chorlie

After reading Martin's mail last week about CPP, I thought about a product I had in the mid 90's (Sentinel), so I phone Barclaycard up after being passed around a bit, I managed to log a complaint.

That was all on the Wednesday, on Monday I had almost £400 credited to my current account (Barclaycard Refund), wasn't expecting it and haven't received a confirmation letter but can't think what else it could be since I haven't used that card for a couple of years.....

So BIg Result; Thanks Martin.