PPI Reclaiming discussion

mariab8817

Hi Guys

I need a little guidance please. Next have said that I have paid £944.92 PPI since I opened my account:j BUT, they claim that from 1988 through to 1993 they operated an opt-out scheme!! They also claim that for the same years they asked customers if they wanted to opt-out on their monthly statements!!! They state in letter one that PPI became regulated by the FSA in Jan 2005 and any policies sold before that date were not subject to FSA rules. In letter two they state that Next are not regulated by FSA rules for insurance sales and so the FOS will not deal with me if I wish to complain to them!!!!

I am really confused with regards to FSA rules surely Next in that case should not of being adding ppi to customer accounts? As I don't ever remember signing for PPI and its not mentioned on their terms and conditions nor have I statements back to those years for back up (how many would have)? should I chance the FOS afterall they can only say NO and then I could go down the line of the courts? I have now cancelled the PPI last month but even that was an event in itself!

I would be soooo grateful for any advice/guidance any of you could give me.

Kind regards

Maria x

tiggrae

googleman10 wrote: »

Hi Everyone...

Unfortunately I am in need of my guidance on what to do.

To cut a long story short, I wrote to GE Money regarding First National on the 19th October 2007. They sent me their acknowledgement to the letter and promised to respond within 4 weeks.

By Christmas Eve, I received no response and so advised them they were in breach of the FSA regulation on 8 weeks for a response. However as I could not refer the matter to FOS (First National complaints have to go through FLA), I would refer the matter to them but would make a seperate complaint to FOS regarding the 8 week failure to response.

FOS have today advised me that this ruling only applies to items which are governed. As my PPI was not governed by their ruling at the time of sale, the FOS cannot take up complaint regarding failure to respond within 8 weeks either...!

It is now almost 11 weeks and still keep getting the system generated response to each letter I send advising they will respond within 4 weeks! FOS have advised to take GE / First National to court.

I have cited to GE Money in my complaint, mis-selling and misrepresentation of product in line with Misrepresentation Act 1967, advised policy served no purpose as they would not allow me to claim in 2003 because of a previous history of condition prior to inception of policy in 1999, although still paying for insurance now as they refused to cancel.

What action should I take through County Court and how do I go about this? Can I include my costs incurred for taking them to court? Can I include the 8% interest loss for money which could have been invested elsewhere.

Any help gratefully appreciated as I have given GE until first full week in Jan 2008 to settle before taking court action.

Thanks everyone!

You can make a claim through the County Court on Money Claim on Line MCOL or by completing an N1 Claim form and forwarding it to your nearest County Court (see HMCS - Her Majasties Court Service) - you should include the 8% which you're entitled to under the County Courts Act of 1984, if you win the defendant is obliged to pay your court fee. Just one point, how much is your claim for approx. including the 8% interest ?

gigsy

I have been looking through my old CC statements and noticed that on the Capital one card I have been paying PPI. I will start the process to claim it back but I defaulted on this card and have an arrangement where by I pay them £1.00 per month. I am worried that if I start the process they would cancel the arrangement and then start getting funny with me. Has anyone had any experience of this and should i be worried? ps, I am also thinking about reclaiming the charges from them too!!!! (of which there are lots)

senior1

hiya

i have sent off my letter re my ppi to the halifax which i got the response that a desion will be made in 8 weeks as this date has nearly esplasped for the 31.12.07 -i was informed by them that they are still looking into this which could take another 8 weeks- has any one had this further letter stating this is going to take longer also can i now go to the finacial ob with this

many thanks

nic xx

niemowle

i have sent my letters ( as i said it earlier)to barclays Dublin address, it is actually the insurance company (Barclayloan) instead to my local bank brunch and some one answered me that they did the same, some one advised as well to give them a ring,question is do i ring the Dublin guys or my bank ? and other thing is that only 10 days passed since i ve sent my letters, i cannot sleep...help

ALIBOBSY

Having claimed some bank charges and now in the process of claiming some PPI back and some credit card charges and can safely say the banks will delay and try to fob you off at every stage so you need to be patient. I personally wouldn't ring as I prefer to have everything in writing in case you need to take the complaint further to court/the fos. Good luck
ali x

tiggrae

gigsy wrote: »

I have been looking through my old CC statements and noticed that on the Capital one card I have been paying PPI. I will start the process to claim it back but I defaulted on this card and have an arrangement where by I pay them £1.00 per month. I am worried that if I start the process they would cancel the arrangement and then start getting funny with me. Has anyone had any experience of this and should i be worried? ps, I am also thinking about reclaiming the charges from them too!!!! (of which there are lots)

Hi they shouldn't cancel your arrangement. On your credit card charges, I wouldn't even bother writing and asking all they ever offer is the charge minus the current £12, just start court proceedings and they'll pay up in full plus the court fee

gigsy

tiggrae wrote: »

Hi they shouldn't cancel your arrangement. On your credit card charges, I wouldn't even bother writing and asking all they ever offer is the charge minus the current £12, just start court proceedings and they'll pay up in full plus the court fee

Thanks as always. I'll ask for all my statements and work it all out.
Have just sent of for all my info from Egg. spoke to them earlier and I had 2 cards and apparently 3 loans, one of which had PPI till the end and the other 2 had ppi which was cancelled after 5 months and paid into the loan. I settled all of these in 2005. Looking forward to seeing the info as I can't remember even having three loans not to mention the PPI.

googleman10

tiggrae wrote: »

You can make a claim through the County Court on Money Claim on Line MCOL or by completing an N1 Claim form and forwarding it to your nearest County Court (see HMCS - Her Majasties Court Service) - you should include the 8% which you're entitled to under the County Courts Act of 1984, if you win the defendant is obliged to pay your court fee. Just one point, how much is your claim for approx. including the 8% interest ?

Hi Tiggrae

I estimate it is in the region of £1500 give or take.

I am wondering whether or not to do a Subject Access Request first of all to get all figures correct as this would mean they would have to provide me with a copy of all statements going back on the rolling credit to inception. Do you think this is a good idea?

Kind regards

Elsie2_2

More good news to share. First Direct credit card had refused to give a refund so I used Martin's letters and they offered me the premiums only. I then wrote back stating that I wanted the interest back which took the amount I was asking for from £590 odd, to £720 odd. Letter received today offering the full amount including interest. Woohoo. Though I'd share.