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PPI Reclaiming discussion

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  • m.colak
    m.colak Posts: 1,087 Forumite
    LISAW wrote: »
    THANKS!!

    Man,

    I hope all these calls are recorded, im sure i could take them to court for impersonation of honest people!!! :rotfl:

    Appreciate your help with a very new family x

    LISA your a nice person so do me a favour copy all those nice letters LTSB sent you telling you that they were talking to the FOS. Then post them to the FOS at the end of the day you have lost nothing and i do believe that they are taking you for a ride. Raise the complaint now online and then send the document first class with the reference number you receive for the complaint. Highlight in the letter that LTSB have been stalling you for several weeks now and you would like a definent answer that your case is being looked into.
  • m.colak
    m.colak Posts: 1,087 Forumite
    Goodnight everyone will check in throughout the day tomorrow if i can help anyone i will do. Keep your chin up and keep fighting and maybe one day you'll get loads of:

    :j :j :j
  • AllNancy
    AllNancy Posts: 284 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I have posted about Barclays before and tried to claim from them but they refused so I'm going to try again........as I think it won't be long before seriously considering bankruptcy.

    I had a Barclay card and PPI on which I claimed when I had an accident then in 2004 I cleared the card. In the same year I retired. On receipt of a new card ....but same account number,I received a phone call from them re the PPI and asking whether I wanted to continue because of my age and as I wasn't covered for unemployment as I was retiring,I decided to cancel. This didn't happen. Their argument is that I just continued with the account therefore the PPI just continued. It is now cancelled.

    They claim that they don't keep recordings so it's my word against theirs but I've read on here that they have to. Can someone fill me in on this please?

    I also in 2004 cleared my Egg Account. I still have the account number. How do I get hold of any info re the PPI?

    I really need your help guys as I have struggled to keep going financially but the walls are closing in, work is petering out and my debts are greater than my income.

    I go through phases of feeling suicidal and then start to fight back again....this is one of those times.


    AllNancy
    Nancy 16 Membership No 147
    BR 21st.May 2008.......Discharged November 2008
    :j...so what?....... It's Life!
  • m.colak
    m.colak Posts: 1,087 Forumite
    AllNancy wrote: »
    I have posted about Barclays before and tried to claim from them but they refused so I'm going to try again........as I think it won't be long before seriously considering bankruptcy.

    I had a Barclay card and PPI on which I claimed when I had an accident then in 2004 I cleared the card. In the same year I retired. On receipt of a new card ....but same account number,I received a phone call from them re the PPI and asking whether I wanted to continue because of my age and as I wasn't covered for unemployment as I was retiring,I decided to cancel. This didn't happen. Their argument is that I just continued with the account therefore the PPI just continued. It is now cancelled.

    They claim that they don't keep recordings so it's my word against theirs but I've read on here that they have to. Can someone fill me in on this please?

    I also in 2004 cleared my Egg Account. I still have the account number. How do I get hold of any info re the PPI?

    I really need your help guys as I have struggled to keep going financially but the walls are closing in, work is petering out and my debts are greater than my income.

    I go through phases of feeling suicidal and then start to fight back again....this is one of those times.


    AllNancy

    OK don't get yourself upset. Sit down with a nice cup of tea (not patronizing). Start by listing your cards and your accounts working backwards from today. For each of those cards and loans which were active within the last six years send a registered letter requesting your customer credit agreements on those accounts also request copies of all phone conversations relating to loan applications made. This is basically requesting information about yourself which they must release to you under the Data Protection Act (Information of a personnal nature relating to you). Now armed with this information start drafting out letters of how you were mis sold espcially relating to either the Misrepresentation ACt 1967 (They negligently mis sold you a product which was not in your best interest to have) or the Credit Consumer Act 1999 which refers to company's over relying on postal documentation rather than explanations. Also reference calls of application were you can highlight tone or lack of information provided. If you don't receive the information within 40 days then go to the information commisioner and raise a complaint against the company. Once the 40 days are up either progress the claims through the FOS or FLA (check the FISA website to confirm whom were members of what) or via MCOL. Don't get into protracted phone calls with the companies *i repeat don't do it* get them to correspond via letter as it will save you a lot of trouble and grief. Lastly everyone on this thread has been in the same boat and we all are behind you 100 percent so don't get down start fighting back.:A
  • Melly31
    Melly31 Posts: 109 Forumite
    Hi, any help anyone can give asap would be so very much appreciated.......
    My partner sent in the PPI reclaiming letter in August 2007, its still ongoing but the reclaiming centre within the Yorkshire bank (based in Glasgow) have stated that the reason why they have not dealt with my partners PPI claim yet is because they are awaiting copies of the 3 loan agreements from our local branch.
    So we sent our local branch a subject access rules letter asking for these (they all date back to beginning of 2004 but unfortunately whenever partner has taken out a new loan to repay existing debt & borrow more he throws old loan agreement away), they immediately debited the £10 fee but the 40 days was up yesterday & still no loan agreements!
    When partner rung them they said that because of the bank charges court case (yes i know it's nothing to do with PPI) they are not going to send them out!
    I went mental (3 different members of staff at Yorkshire bank stated this!) & got partner to ring them back, he asked to speak to a manager, none where available so 1 is apparently ringing him back tomorrow.
    Any words of advice he can use would be greatly appreciated (or next steps etc).
    I'm livid; why on earth take the £10 fee if they are not going to send the doc's?
    What does the bank charges court case have to do with PPI & asking for copies of your loan agreements?
    Surely the data subject access rules still specify that these documents should be sent out regardless of the court case etc?
    Sorry to ramble on but i'm so mad!

    Mel
  • m.colak
    m.colak Posts: 1,087 Forumite
    Melly31 wrote: »
    Hi, any help anyone can give asap would be so very much appreciated.......
    My partner sent in the PPI reclaiming letter in August 2007, its still ongoing but the reclaiming centre within the Yorkshire bank (based in Glasgow) have stated that the reason why they have not dealt with my partners PPI claim yet is because they are awaiting copies of the 3 loan agreements from our local branch.
    So we sent our local branch a subject access rules letter asking for these (they all date back to beginning of 2004 but unfortunately whenever partner has taken out a new loan to repay existing debt & borrow more he throws old loan agreement away), they immediately debited the £10 fee but the 40 days was up yesterday & still no loan agreements!
    When partner rung them they said that because of the bank charges court case (yes i know it's nothing to do with PPI) they are not going to send them out!
    I went mental (3 different members of staff at Yorkshire bank stated this!) & got partner to ring them back, he asked to speak to a manager, none where available so 1 is apparently ringing him back tomorrow.
    Any words of advice he can use would be greatly appreciated (or next steps etc).
    I'm livid; why on earth take the £10 fee if they are not going to send the doc's?
    What does the bank charges court case have to do with PPI & asking for copies of your loan agreements?
    Surely the data subject access rules still specify that these documents should be sent out regardless of the court case etc?
    Sorry to ramble on but i'm so mad!

    Mel

    Simply put they have commited fraud they have accept money for a service they are refusing to provide. Immediately contact the information commisioner and get him involved. Yes you are intitled to copies of your customer credit agreements but you didn't need to send the £10.
  • ANY_CHANCE wrote: »
    Hi Joanne it looks ok to, me perhaps one of our experts could comment for us?
    I struggle with writing the letters and whether to include things like:

    contracts of good faith ... the lender being in a stronger position to know the truth failing in duty of disclosure - misreprisentation...
    FSA commenting on selling of PPI - firms over relying on documents
    Giving poor advice on PPI
    Not having systems in place for checking suitability of the insurance
    Poor price disclosure
    Unfair consumer contract terms and regulations 1999

    or just to stick to the templates


    Thanks Anychance! I will send it off and let you know hoe I get on!
  • I am writing to ask if you may be able to help us. We took out a loan through Freedom Finance in 2003. We now have to go through the Court route we believe, can you offer any advice?
  • m.colak
    m.colak Posts: 1,087 Forumite
    kachar21 wrote: »
    I am writing to ask if you may be able to help us. We took out a loan through Freedom Finance in 2003. We now have to go through the Court route we believe, can you offer any advice?

    If you have exhausted all other options then yes the court route is the only way left. Make sure you have all your documentation and response's from the company as well as any additional notes you have. Its less hassle for you to do this online through the MCOL website (if less than 5k). Don't use any company claiming no win no fee as the paperwork they carry out is no different to that you already have done. Make sure you tick the box for that you want the statuatory interest added and also include the paragraph from the website relating to this. Then site back and wait for them to defend. If they acknowledge but don't defend then you can apply for a judgement by default (after 28 days of the issue date). This means that you can serve a warrant to the company and send the bailiff's in.

    Common mistake:

    Filling in the first form put your address in twice as its only asking for the cliamant's name and address and then correspondance address. A few people have made a mistake of putting the defendant in on this page and it means basically your raising the court case against yourself.
  • Have to laugh Worst Plus has struck again! After they decided that I would accept their crap offer of settlement they cancelled my insurance, paid the money into my loan and re-structured my payments. I complained and they put it all right again - apparently. Well they obviously haven't as they've taken the direct debit of the reduced amount. So I rang the guy up (who fair enough has been helpful and very nice) and he assured me all was okay but can't explain why the DD amount is wrong. I've left him trying to make sense out of it!

    On the plus side they are REDUCING THEIR INTEREST RATES!!!!!! From April my payment will be less per month - though I haven't received the letter stating this (he just told me on the phone). He made no comment on the FOS form I kindly sent to him for reference though :D
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