PPI Reclaiming successes and failures

boycey01

maryspecial wrote: »

Hi boycey, im delighted halifax have upheld your cc ppi. Congrtulations! Im sure the calculations will get sorted when they look at it! It gives me a little hope when i had almost given up! Can you remind me when you put your complaint in?? I remember reading about it weeks ago. Ours went inmid may and we're patiently waiting to hear. Had little hope as i havent read anyone getting anything from halifax credit card ppis.

Thanks again

Thanks maryspecial

I submitted my complaint in January 2011. I think they are hurrying through the complaints now to get them sorted so I hope you haven't got to wait much longer.

When they uphold your complaint (i've got a feeling they will) just make sure you check the calculations because i've had all 3 of mine upheld by Halifax now and they have underpaid me on all of them. I'm not leaving it. The redress team are meant to be ringing me tomorrow so I hope to get these sorted

Good luck and keep us updated

boycey01

di3004 wrote: »

In case I missed any since earlier today, well done to all Winners!:beer:
Had a lovely day with my family for my birthday, stuffed up with cake now lol .

Niggly, lovely Avatar by the way.;)

Happy birthday for yesterday Di. Glad you had a lovely day :beer:

DrSqueeze

DrSqueeze wrote: »

Success!

I sent a letter to the CoOp Bank in May, stating the reasons why I felt the PPI had been mis-sold and asking for a refund.

Today, I received a letter advising that they've upheld my complaint, and offering me a settlement of just over £4,000.

No questionnaire needed, one letter and a 39p stamp was all it took.

Got the cheque in the post yesterday, banked it within 30 minutes

tifosi

DrSqueeze wrote: »

Got the cheque in the post yesterday, banked it within 30 minutes

Nice!

Enjoy your summer

tifosi

citibird27 wrote: »

Hi There...

Thank for responding...I have sent a SAR offf now, but seems like the original might be lost, the addres was wrong for a start!! ( Little eager with the cut and paste keys, perhaps?:rotfl:)

If it cannot be enforced, what does that mean, exactly?

( Sorry to sound sooo dim....):o x

Not a question of being dim, just experience!

If they cannot enforce it means they cannot go to court and force you to pay the debt (via a baliff/charging order or similar)

As stated in my comment, the automatic unenforceability only applies to agreements executed (signed and dated) prior to Apr 2007 because the law surrounding the key part (Consumer Credit Act 1974, Section 127(3)) changed after that date - obviously in your case you are well inside that date

So, you have a clear choice

In your shoes, I would look at it like this:

Do you have a good credit history? if the answer is YES, carry on paying normally and forget everything I've said as a clean credit file is important for many things (Mortgages, etc)
If the answer is NO and you have a default or lots of late payment markers it is worth considering whether you want to carry on paying - if you refuse to pay, there will be NOTHING they can do other than make empty threats via Debt Collection Angecies -

Despite the many threats, such collectors VERY rarely show up in person, and even if they do you can tell them to "politely go away" as, without a court order, they have no right to take action against you and if they are on your property (driveway/path/etc) they are tresspassing if you ask them to leave

BUT you need to be crystal clear they do not have an original signed agreement before you consider the above

At the end of the day, it's a personal choice for you - if you are the sort of person that isnt easily fazed by empty threats in letters, you have nothing too lose

If you decide not to pay, the default will sit on your credit file for 6 years, but if you already have a default and decide to pay, it will still take 6 years for the default to be removed

This, in my opinion, is where the credit rating systems fall down as there is nothing to encourage somebody who has already had a default placed on their file by a lender paying the debt - they may as well just ignore the threat monkeys (DCA's) and just wait the 6 years for it to drop off

citibird27

tifosi wrote: »

Not a question of being dim, just experience!

If they cannot enforce it means they cannot go to court and force you to pay the debt (via a baliff/charging order or similar)

As stated in my comment, the automatic unenforceability only applies to agreements executed (signed and dated) prior to Apr 2007 because the law surrounding the key part (Consumer Credit Act 1974, Section 127(3)) changed after that date - obviously in your case you are well inside that date

So, you have a clear choice

In your shoes, I would look at it like this:

Do you have a good credit history? if the answer is YES, carry on paying normally and forget everything I've said as a clean credit file is important for many things (Mortgages, etc)
If the answer is NO and you have a default or lots of late payment markers it is worth considering whether you want to carry on paying - if you refuse to pay, there will be NOTHING they can do other than make empty threats via Debt Collection Angecies -

Despite the many threats, such collectors VERY rarely show up in person, and even if they do you can tell them to "politely go away" as, without a court order, they have no right to take action against you and if they are on your property (driveway/path/etc) they are tresspassing if you ask them to leave

BUT you need to be crystal clear they do not have an original signed agreement before you consider the above

At the end of the day, it's a personal choice for you - if you are the sort of person that isnt easily fazed by empty threats in letters, you have nothing too lose

If you decide not to pay, the default will sit on your credit file for 6 years, but if you already have a default and decide to pay, it will still take 6 years for the default to be removed

This, in my opinion, is where the credit rating systems fall down as there is nothing to encourage somebody who has already had a default placed on their file by a lender paying the debt - they may as well just ignore the threat monkeys (DCA's) and just wait the 6 years for it to drop off

Thank you so much, not just for the detailed response, but for the clear and simple way you explained it...

I will check that they don't have the original..but it is food for thought!

Cheers, and thanks again...:A

di3004

DrSqueeze wrote: »

Got the cheque in the post yesterday, banked it within 30 minutes

Well done!:D:beer::T

di3004

boycey01 wrote: »

Happy birthday for yesterday Di. Glad you had a lovely day :beer:

Aww thanks hon, and I did have a wonderful day, cheers x:beer::A

di3004

citibird27 wrote: »

Hi Di,

I ahve not been able to check on posts much this week...but see that it was your birthday...

Hope the day was wonderful, you deserve it...

Citibird:):):) x

Thanks honey, I did have a lovely day, it was so nice.:A:beer: x

di3004

citibird27 wrote: »

Thank ( again..:) ) Di,

The accounts are till active, just set up a long time ago...the copy of the agreement was just a standard set of terms and conditions, could have been from any account...

There is absolutely nothing with a signature on it..I will take your advice and contact Commissioners office,:A

Thanks again...

Citibird x

Hiya

Yes see what the ICO have to say, hope they will be of some help to you, fingers crossed x:A