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PPI Reclaiming discussion

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  • AllNancy
    AllNancy Posts: 284 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    m.colak wrote: »
    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


    I have written my letters asking for details under the Data Protection Act.

    I noticed when re reading the refusal letter from Barclays the following:

    Quote

    Your monthly statements have included PPI premiums and you have been eligible for life and hospitalisation benefit since the age of 65.I regret that I cannot listen to the telephone conversations you have referred to as call recordings are not retained indefinitely. Unquote

    From what I have read so far..........this info on the calls is incorrect?

    I retired at 65 and was therefore not covered for unemployment which should have been flagged up?



    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
    Kaia wrote: »
    thanks for that
    If the £2021.33 was added at the start of the loan, does this really mean that I would be paying interest on this for the whole 15 years of the loan?

    In a word yes. More than probably that the PPI was a single premium payment and your first payments would have just paid the PPI off plus the insurance for the term meaning that by the first 8 eight payments you might actually have started paying off the loan.
  • m.colak
    m.colak Posts: 1,087 Forumite
    Can anyone help with my questions on posts #3394 and 3395?

    Also,excuse me for being stupid,but where about on the FISA site to I find out who is regulated by who?

    FISA Members

    Black Horse Ltd
    Blemain Finance Ltd
    Endeavour Personal Finance Ltd
    Firstplus Financial Group plc
    Future Mortgages Ltd
    GE Money Home Lending
    Money Partners Ltd
    Nemo Personal Finance Ltd
    Paragon Personal Finance Ltd
    Picture Finance Ltd
    Swift Advances plc

    If you go on the FLA website and click on consumer finance directory then you could possibly find your company here also.

    Matt
  • m.colak
    m.colak Posts: 1,087 Forumite
    jennyred wrote: »
    any ideas anyone????

    Hi no don't refinance as you don't have to go via the FOS or FLA and raise the complaint as then they will force them to restructure the loan taking into account what you have already paid and removing the PPI
  • m.colak
    m.colak Posts: 1,087 Forumite
    devon-tony wrote: »
    Hi yes we both have full life cover to the value of £250,000 with barclays, but was never asked if I had life cover and hence this PPI occured

    was also not told that the policy would only last 5 years but be paying double for it over 20 years

    the debt is due to be cleared in the next month or so as the house is being sold, hoping this wont complicate things, but no choice as the house has to go.

    I know its difficult to calculate but surely if I can get somewhere with the claim that it was wrongly sold, then the refund Im after is huge

    monies paid towards the insurance is about £5000 so far, but the way I see it that is if the PPI hadnt been taken then my settlement figure instead of being £93k should have been closer to £73k

    somehow I dont feel Im ever going to win this, but Im going to die trying

    Ok you were definantly mis sold in this case. What i would do is pass this through the FOS or FLA whoever you think is appropriate in this case. The fact the house is being sold doesn't matter as the fact is you have already being paying PPI for a long period of time. This means at least when the case is settled you will get a large refund however when the house is sold i would also send this information on as the rebate that you get will probably be disproportionate anyway.
  • m.colak
    m.colak Posts: 1,087 Forumite
    ncw6776 wrote: »
    Help again?
    I cant find my last thread so will give a quick recap but wondered if anyone could help.
    £4800 on an Egg Credit Card
    Missed payments so my debt was passed to Capquest.
    Capquest offered me a settlement figure which I paid on 31st Jan of £4200.
    Reclaimed my Card Insurance from Egg at the beginning of Feb who said they owed me £700 which they paid into my Egg card account.
    Checked on line and Egg have only paid out £100 claiming I still owe them £600.
    I have called Egg and faxed them the letter I have from Capquest saying the account has been settled. Egg have said although they wouldnt have chased me for the £600 and the debt was settled they are still entitled to the £600 back.
    Can anyone help? Is there anything else I can do? If I had closed my Egg account as soon as the debt was clear with Capquest I would be £600 better off. Do I just put this down to claiming at the wrong time and move on?
    Any advice would be appreciated.

    Personally i would fight them as when they passed their debt onto another firm they reliquished all claim on any other monies. How the account was charged PPI was a contributing factor in the case of being in debt and therefore they are responsible. If you take them to court via MCOL it will cost you approximately £50 (which you will get back) but cost them a couple of thousand to fight (solicitor's fee's), what do you think they will do settle for £700 or pay £2000.
  • m.colak
    m.colak Posts: 1,087 Forumite
    juliedawn wrote: »
    They will not budge on giving us the refund by cheque.I'm really annoyed because other people have had theirs by cheque.Now emailing the MD.

    Hi look at this link:

    http://www.fisa.co.uk/downloads/CCA%201974.pdf

    Paragraph 70 and the words you are looking at is payable. This means that they give you money not they can dictate the method of payment. Consumer Credit Act 1974.
  • m.colak
    m.colak Posts: 1,087 Forumite
    AllNancy wrote: »
    I have written my letters asking for details under the Data Protection Act.

    I noticed when re reading the refusal letter from Barclays the following:

    Quote

    Your monthly statements have included PPI premiums and you have been eligible for life and hospitalisation benefit since the age of 65.I regret that I cannot listen to the telephone conversations you have referred to as call recordings are not retained indefinitely. Unquote

    From what I have read so far..........this info on the calls is incorrect?

    I retired at 65 and was therefore not covered for unemployment which should have been flagged up?



    AllNancy

    Well if the loan went past the age of 65 this should have been noted and they should have asked additional questions on how you were expecting to repay after this age. As for the telephone question the limitation act stipulates that any information held on you dealing with contracts should be held for 6 years and therefore if they haven't got this then they are in breach of this.
  • AllNancy
    AllNancy Posts: 284 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    m.colak wrote: »
    Well if the loan went past the age of 65 this should have been noted and they should have asked additional questions on how you were expecting to repay after this age. As for the telephone question the limitation act stipulates that any information held on you dealing with contracts should be held for 6 years and therefore if they haven't got this then they are in breach of this.


    Thank you very much. No they didn't ask. No phone calls apparently!!!


    It's nice to feel in control .

    Thanks again.

    AllNancy
    Nancy 16 Membership No 147
    BR 21st.May 2008.......Discharged November 2008
    :j...so what?....... It's Life!
  • Hi, I have taken out a loan with beneficial finance but cancelled the ppi in the hope of finding at a cheaper rate online from an independent company.
    Can anyone recommend a good place go for this?
    I tried MLs articles on the subject but not quite what i'm looking for.
    Thanks
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