PPI Reclaiming discussion

tiggrae

Olives wrote: »

I take it the solicitor will sort the Stay for me. Is that the form n244 that I keep hearing about. ???

N244 is an Application Form - you don't have to be a solicitor to apply (it costs £40 to make an application unless you're exempt from fees) but in your case I would suggest one as you have to get the legal wording correct or the claimant can ask for the application to be dismissed.

Olives

tiggrae wrote: »

N244 is an Application Form - you don't have to be a solicitor to apply (it costs £40 to make an application unless you're exempt from fees) but in your case I would suggest one as you have to get the legal wording correct or the claimant can ask for the application to be dismissed.

Thankyou very much for the advice. It is very much appreciated:D

daynurse

cocker100 wrote: »

Hmmmmm, sounds strikingly similar to my original telephone conversation. Really not sure what is the best advice to give to you, but as they have offered you some sort of rebate, they must think that you have a case! Do they say anything about the total amount payable including all the interest for the ppi? They never mentioned it to me. After listening to it back, are you absolutely sure they pushed you into taking it out and do you think they never disclosed certain information?. If you are, then I would stick to your guns and keep fighting for more. There is something mentioned in one of Martin's template letters about asking them to reconsider the amount of refund "without prejudice" meaning that they cant go back on what they have already offered you.
If I were you, i'd wait to see what tiggrae and m.colak have to say about it before making a decision.

Good luck.:)

i know what you mean about the rebate quotes i thought in my stupidity 78% of the total policy nowhere near that figure

NatashaP

Hi, I've been asked to post this for my mum as she's been having issues with the PPI on her car loan. I didn't know where to post this but as it's in regards to the PPI I think this is the right place!

Basically, she took out the finance on her car in 2005, originally without the insurance. After about a week, a salesman called her and pushed her into taking the PPI, so she agreed. However, in 2006, she was made redundant so decided to claim on the PPI so that the payments would be made for her etc, and at the time it seemed pretty straight forward - she sent off copies of redundancy etc and they told her verbally and in writing that they would begin making the car payments on her behalf for up to a year and that was that, or so she thought.

Last year when the 12 months was nearly up, she called the finance company to arrange to start making the payments herself (she was still out of work at this point hence the reason she had claimed for the full year) the finance company told her only ONE payment had been made and she was 11 months in arrears! :eek: Obviously she was in no position to pay for this and so the whole thing spiralled out of control (she couldn't afford what they wanted her to pay each month) and the car was taken off her and now she will be asked to pay the outstanding balance (which is mostly interest and the insurance repayments that let her down in the first place!)

According to the insurance company, they stopped making payments as my mother never sent in regular proof of job seeking/unemployment which is true, but then she was never made aware that she had to. Another question she asked them was, if they needed this, why didnt they write or call to ask! They just stopped the insurance payouts without telling her. The finance company also failed to get in touch with her and the first she knew about the arrears was when she called after the 12 months were up to start making payments again.

Where does she stand on this one? Can she a) reclaim the insurance payments and b) can she get the default removed from her file and c) can she refuse to pay the balance on this car considering she no longer has it?

Sorry it's very long winded! Well done if you got this far! Thanks in advance for any advice - my mum will really appreciate it!

Kaia_2

Welsh_Adey wrote: »

the policy probably was suitable, but i did not know I had it, therefore how could I have made a claim not knowing that i could.

Same here, useless in all sorts of financial issues didnt even know we had it and didnt know what PPi was till I heard about it from Martin:money: and this site, we pay £250 a month so when hubby was off for 7 months last year we could have had our payments covered.....OR COULD WE????...he still has full pay when off work for up to 12 months.

daynurse

cocker100 wrote: »

. There is something mentioned in one of Martin's template letters about asking them to reconsider the amount of refund "without prejudice" meaning that they cant go back on what they have already offered you.
If I were you, i'd wait to see what tiggrae and m.colak have to say about it before making a decision.

hopefully tiggrae will be on later they have stated offer valid till 28/2

Olives

Kaia wrote: »

Same here, useless in all sorts of financial issues didnt even know we had it and didnt know what PPi was till I heard about it from Martin:money: and this site, we pay £250 a month so when hubby was off for 7 months last year we could have had our payments covered.....OR COULD WE????...he still has full pay when off work for up to 12 months.

Most PPI you can still claim if on full pay. as long as you can prove he was signed off with sick notes from doc. This was what our PP

tiggrae

NatashaP wrote: »

Hi, I've been asked to post this for my mum as she's been having issues with the PPI on her car loan. I didn't know where to post this but as it's in regards to the PPI I think this is the right place!

Basically, she took out the finance on her car in 2005, originally without the insurance. After about a week, a salesman called her and pushed her into taking the PPI, so she agreed. However, in 2006, she was made redundant so decided to claim on the PPI so that the payments would be made for her etc, and at the time it seemed pretty straight forward - she sent off copies of redundancy etc and they told her verbally and in writing that they would begin making the car payments on her behalf for up to a year and that was that, or so she thought.

Last year when the 12 months was nearly up, she called the finance company to arrange to start making the payments herself (she was still out of work at this point hence the reason she had claimed for the full year) the finance company told her only ONE payment had been made and she was 11 months in arrears! :eek: Obviously she was in no position to pay for this and so the whole thing spiralled out of control (she couldn't afford what they wanted her to pay each month) and the car was taken off her and now she will be asked to pay the outstanding balance (which is mostly interest and the insurance repayments that let her down in the first place!)

According to the insurance company, they stopped making payments as my mother never sent in regular proof of job seeking/unemployment which is true, but then she was never made aware that she had to. Another question she asked them was, if they needed this, why didnt they write or call to ask! They just stopped the insurance payouts without telling her. The finance company also failed to get in touch with her and the first she knew about the arrears was when she called after the 12 months were up to start making payments again.

Where does she stand on this one? Can she a) reclaim the insurance payments and b) can she get the default removed from her file and c) can she refuse to pay the balance on this car considering she no longer has it?

Sorry it's very long winded! Well done if you got this far! Thanks in advance for any advice - my mum will really appreciate it!

this isn't a ppi mis selling issue it's just sheer incompetance on the part of the insurance company - she needs to make a formal complaint to the Financial Ombudsman service - let them sort it out - any legal attempt to request her to pay the balance can be Stayed through the county court whilst the FOS investigate her complaint, she needs to request the default is removed as well as requesting compensation for further stress caused - these insurance companies cannot be allowed to blight peoples lives through their negligence!!!

SUFC

SUFC wrote: »

Hi, i got a loan out over 5 years with Black Horse a couple of years ago & paid it off after 6 months. I have now noticed the single premium PPI i didn't want but was cohersed into is in my husbands name only, even though the loan was in my name only???? How would that work then???? Do you think i have a claim for mis sold? Thanks SUFC

Tiggrae, can you answer me this one please. Thanks.

Kaia_2

Tiggrae.....
Did as you suggestedand in my 3rd letter reminded them of the findings of the FSA, pointing out the 4th point especially and the last as you had said, Re: the reliance on documentation etc.
Then I "borrowed" some useful bits of another post....ie......

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.
I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.
If you dispute that I am entitled to a refund of these payments, I request that you forward within the above mentioned time scale, a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6(c), and failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.
If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.
After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

Reply received this morning....

As explained in our previous correspondence your loan was completed in ** July 2002 which was prior to regulation by the FSA which is only applicable to cases after the 15th January 2005.
At the time of your application the Payment Protection was sold on a non-advised basis, therefore all documentation was provided to yourself and it was your decision whether you proceeded with the PPI.
Unfortunately as over 5 years has passed since your loan completed we do not have any written records pertaining to your application as we are only required to keep them for 3 years.
Therefore I must reiterate that i am unable to uphold your complaint.
Yours sincerely
*****
Compliance Officer.


Is this right, are they only obliged to keep them for 3 years?
PLEASE....what should I do next ?