PPI Reclaiming discussion

infoleacher

Thanks very much for that tiggrae

smitchy73

Hi all,
Thanks for all the info so far, I'm sending off a letter to First Reposnse for a claim, various Insurance's required due to my credit scoring £1327.28 + charges of £667.12, plus hopefully I'll get the 8% on top of this. Accepted due to requiring a car after baby born, didn't require the insurances as I work for the government and have full sick pay etc, didn't require breakdown Insurance as I had it with my Insurance.
Have used letter one, and will post further if I have any joy.
Oh, claiming under, stated/implied taking out the policy was essential for me to get the associated credit, AND, concerned that the sales assistant(car dealer) that sold me the policy has no financial background and the policy was not sold to me in my best interests.
Cheers all.

stikiuk

tiggrae wrote: »

Hi if you felt the PPI was compulsory then write (using the template letter) and tell them you were mis sold the whole policy - have you a copy of your terms and conditions when you originally took out the policy ?

I have written to them (using the template), they replied saying they were looking into it !

Yes i have a copy of the original policy. x

FrugalJo

Letter 1 posted end of October. Fob off letter received this morning. Denying mis-sold, stating they provided necessary information and documentation etc.

Letter 2 in the post tomorrow morning.

tiggrae

stikiuk wrote: »

I have written to them (using the template), they replied saying they were looking into it !

Yes i have a copy of the original policy. x

OK a few things.

Firstly the statutory notice they are threatening you with - I understand (please anyone correct me if I'm wrong) they have to get a court order to do this - if they commence proceedings you can the apply to have what's known as a Stay applied whilst you resolve the issue of the mis selling. If they ring again tell them that they have to have a court order and if they go to court you'll apply be applying for a Stay - tell them to stop ringing and harrassing you as it's a breach of your human rights - not sure it's true but worth a try !!!

Two, you've been mis sold the policy and you're dealing with the mis selling. In the meantime examine your policy - does it state anywhere that they will not refund the PPI upon early redemption of the loan - if it does then the FSA (financial services authority) have stated no refund or partial refund terms to be unfair under the Unfair Consumer Contract Terms Regulations of 1999. Go onto the FSA web site type in ppi and the 5th or 6th item has the FSA ruling - send them a letter copying that in, stating their wanting the £961 (and sending it to a debt collector) is unlawful as the term they are using to claim the money is unfair under the UCCTR and you want it cancelling !!!!

Hope that helps

michellew_2

OK, spoke to Carolynne our complaints exec today and she said their offer of £3092 was a final offer so I have rang the ombudsman and they are sending the forms out for me to fill in - I want the whole lot now plus interest - should be well over £8k altogether. I was prepared to accept £6k but she said they would not look at it again unless told to by the ombudsman - wait for the next instalment folks...........:D

tizzyrosa

gt568 wrote: »

When I started my claim I was still paying the PPI. As part of the complaint process they asked me to cancel it. Get the letters sent!

OK! Thanks...will do!

Help48x

I have not been delinquent in any payments to Capital One but am in a financial crisis so I have to get them to agree to freezing interest etc on my account. Does anyone know if this will make a difference to my claim for mis-sold PPI?

Also, in response to another poster on this site, I too had PPI applied to my account with Argos card services depite my refusal to accept it due to a full disclosure of a pre-existing condition. They said that they only had a record of me saying I had cancer but didn't think that necessarily meant that I opted out!! I am still at odds with them over this but they're playing the silent card at present. I suppose that they want to drag the matter out for as long as possible in the hope they will save money, or that I may snuff-it!. Unfortunately for them, I am still here!

Argos card services can wait but I am really concerned about Capital One's attitude to my request for refund of PPI if I reveal my financial situation.

Advice desperately needed!

X

stikiuk

Thanks so much for ypur help Tiggrae. Will do as you suggest and let you know how i get on. x

stikiuk

tiggrae wrote: »

Two, you've been mis sold the policy and you're dealing with the mis selling. In the meantime examine your policy - does it state anywhere that they will not refund the PPI upon early redemption of the loan -

Ok it says
"Please note the right of termination mentioned in box 2.2 only applies to that part of the agreement which relates to the purchase of the vehicle. The excerise of your right of termination will have no effect on your obligation to pay the insurance instalments."

Does this mean they would not refund the PPI upon early redemption ?
Thnx