PPI Reclaiming discussion

kellyanne

Just wondering if one of the experts (Tiggrae) could help me a bit. Waiting for response from Barclayloan. PPI was single premium policy (before 2005) and i was led to believe that i would be more likely to get the loan approved if i took the ppi. Having realised how expensive it was and being in serious debt at the time I tried to cancel in around 2005. They said if you cancel your payments are hardly reduced anyway so it isnt worth it, blah, blah. Anyhow, we refinance through Barclays eventually and paid that loan and overdrafts. No refund was received at that point at all. Sent 1st letter which they said polite no but we will discuss it further if you are not happy. The letter side stepped all of my issues and never mentioned that i was 'blackmailed' into taking it out for fear of refusal, only 'our staff are traine dto asses your need for ppi etc etc'. I sent a second letter off - still trying to be polite but clearly stating i was not happy with that and that they had not fully dealt with my concerns and that i would take it further if necessary. They have said they will give a final response by 7th February, but i am desparate to know one way or another. I dont know what the chances are as it is my word against theirs.

And just like to say thanks for previous friendly and warm advice from others on this thread - think i will stay away from other threads on this site though - dont really appreciate being called an idiot because my finances arent perfect and that i am sometimes a bit half soaked about it all!!

tiggrae

mac_saver wrote: »

Hi thanks, I have looked at the template letter and having composed 2 letters using it I just dont think I am putting enough content down to state my case. Although they rebated me a little over £2000 when we paid the loan of, it doesnt come close to the £5000 we paid for the PPI in the first place, but I am not sure as to how much of the initial fee we are entitled to . I have phoned them to test the water and eventually after pressing them they revealed how much the PPI cost us because they conveniently left that of the final paperwork that we signed (con merchants).
Having claimed bank charges and currently claiming card charges thought I had this claim lark sussed!!!!!:rotfl:

Hi there, are you wanting to reclaim for mis selling or the fact they only rebated you £2000 on early redemption - the 2nd one is easier to go for as the FSA themselves have stated partial refunds to be unfair under the unfair consumer contract terms regulation 1999

tiggrae

kellyanne wrote: »

Just wondering if one of the experts (Tiggrae) could help me a bit. Waiting for response from Barclayloan. PPI was single premium policy (before 2005) and i was led to believe that i would be more likely to get the loan approved if i took the ppi. Having realised how expensive it was and being in serious debt at the time I tried to cancel in around 2005. They said if you cancel your payments are hardly reduced anyway so it isnt worth it, blah, blah. Anyhow, we refinance through Barclays eventually and paid that loan and overdrafts. No refund was received at that point at all. Sent 1st letter which they said polite no but we will discuss it further if you are not happy. The letter side stepped all of my issues and never mentioned that i was 'blackmailed' into taking it out for fear of refusal, only 'our staff are traine dto asses your need for ppi etc etc'. I sent a second letter off - still trying to be polite but clearly stating i was not happy with that and that they had not fully dealt with my concerns and that i would take it further if necessary. They have said they will give a final response by 7th February, but i am desparate to know one way or another. I dont know what the chances are as it is my word against theirs.

And just like to say thanks for previous friendly and warm advice from others on this thread - think i will stay away from other threads on this site though - dont really appreciate being called an idiot because my finances arent perfect and that i am sometimes a bit half soaked about it all!!

Hi there, in my experience Barclays will not pay up - but even though your loan was pre 2005 you can take your complaint to the Financial Ombudsman because they are a bank they already came under their jurisdiction before 2005 - it's only 'independent' lenders who didn't - On the point of their word against yours, well the Misrepresentation Act 1967 under Negligent Misrepresentation the onus is upon them to prove they didn't misrepresent to you rather than you having to prove they did

tiggrae

Sail wrote: »

Hi
Just been refused a claim under the PPI I have with MBNA so am about to request refund as mis-sold. My question is, if I ask for refund of premiums will MBNA stop my credit card or even change the rate? I have an outstanding balance which is at a 'reasonable' rate.
Thanks
Sail

they shouldn't do - they are obliged to treat you fairly - but there are no guarentees in life !!!

kellyanne

Sail wrote: »

Hi
Just been refused a claim under the PPI I have with MBNA so am about to request refund as mis-sold. My question is, if I ask for refund of premiums will MBNA stop my credit card or even change the rate? I have an outstanding balance which is at a 'reasonable' rate.
Thanks
Sail

And just to add - in other cases they state that things should continue as normal unless the relationship between you and the provider has irrevocably broken down - this has been the case with some bank charges reclaims where the banks have closed accounts. You requesting what is owed should not jeopardise your relationship with them.

m.colak

Hi ya all hope everything is going well. I see Tiggrae is giving out good advice as usual. Will hang round in the background if anybody needs any help.:D

kellyanne

M Colak - would appreciate your comments on this too if you have anything to add. Thank you.

andyauk

tiggrae wrote: »

You wouldn't be able to go to the FOS as they were not within their jurisdiction at the time the policy was sold - therefore, as GT says your only route would be the County Court

OK, so understand that I need to follow the court route, I have looked on the internet and can see that there are some companies who will do this on a no win no fee basis, has anyone had any experience of these companies?

I know that I could do the court route myself but feel it would be easier for someone to do this on my behalf

thanks

m.colak

kellyanne wrote: »

M Colak - would appreciate your comments on this too if you have anything to add. Thank you.

Unfortunately have had no dealings with Barclay's except when i was younger so unlike Tiggrae i can't comment on what their reaction might be. However i whole heartedly agree with Tiggrae flush them out with the good old 1967 Misrepresentation Act and see them squeal. Again if Tiggrae says they will fight then fight them you must. I would advise taking them through the courts if your case is good else again you'll have to go via the FOS. The onus on you start looking through the terms and conditions of the PPI and look for area's where you weren't covered (self employed) or had insurance already etc. This is going to be where you need to hit them.

If you don't have a copy of your terms and conditions then address the bank and ask them for it. If they won't provide or can't provide then hit them with the information commisioner then follow up with a court case stating this as a fact or omission of blame on their part.

m.colak

andyauk wrote: »

OK, so understand that I need to follow the court route, I have looked on the internet and can see that there are some companies who will do this on a no win no fee basis, has anyone had any experience of these companies?

I know that I could do the court route myself but feel it would be easier for someone to do this on my behalf

thanks

Don't do it.... Unless the claim is so large that you need a solicitor go via the MCOL website https://www.moneyclaim.com . This puts you through the small claims procedure but for a smaller fee than if you need solicitor's. The other company's can take up to 50% of your claim from you when it might be a very simply case.