PPI Reclaiming successes and failures

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After using the resolver I got a reply from Rescinded. It didn't mention any point but did. Say "We have identified that for a period of time during the course of you credit card account, you were not supplied with or received an incorrect notice(s) of sums in arrears in accordance. With the consumer credit act. You were not liable to pat interest or charges from....".

They sent me a cheque for £251 to return interest and charges.

Its an unexpected reason but I'm now 251 up for spending minimal time to find the relevant details and l fill in the resolver :T

Will be doing the same with all the others I can find.

L

dieselv2

What were you reclaiming: £4,000 loan
Who was the provider: Halifax
How much did you get back: £1,200 (interest I got back was almost as much as PPI)
Did you get it back after a letter or did you go to the Financial Ombudsman: Letter

Saw everything about PPI and a cleaner in my old job mentioned it but said don't go through 3rd parties like he did as took 30%. I wrote my own letter telling them how I took out the loan (in branch) and was pushed PPI even though didn't needed it. Three weeks later got a check and a letter showing how much PPI I had paid/getting back along with the interest

Mersey_2

DavidAGuest wrote: »

I am a clergyman

It didn't strike me until fairly recently that I had been paying PPI when I really didn't need it. In fact when I had applied for other cards in the past I was actually told that clergy didn't qualify for PPI! If you are told in a call that you can't have that card without having PPI you tend to assume the person knows what they are talking about.

I imagine there is nothing else I can do, but I thought it worth posting info about a failure as any information can be useful!

What you were told is a valid complaint reason re mis-selling. Incidentally your evidence is - as the customer - first hand lay oral evidence.


It is neither 'hearsay' nor 'unprovable' as I've explained to Nasqueron previously in detail (and I thought was now understood, as others have also explained why first hand evidence is not hearsay).


Yes, usually the FOS is the final stage in the complaints' process. Although you don't state whether simply an Adjudicator sent you that response, or whether you asked an Ombudsman to deal with the matter. The latter can take months due to backlogs but can be worth pursuing. There are time limits so act speedily if you are still within the timeframe to ask an Ombudsman to reconsider the Adjudicator's final response.


The only other recourse available after this would be to issue in the County Court. Such cases are decided on the balance of probability ie 51%.


Whilst Costs are minimal (ie you can issue proceedings from £35 and handle the hearing yourself), you need to be aware that if you lost you could be liable for the bank's Costs. Although these are limited to fixed Costs of £80 for Small Claim matters such as this.


I wouldn't usually advise someone to do this unless they were experienced, but I imagine a clergyman's credibility would mean they have a greater chance of satisfying the burden.


At the end of the day it's your choice, but I could understand if you pursued the matter on principle as you were told a falsehood.

Nasqueron

Mersey wrote: »

What you were told is a valid complaint reason re mis-selling. Incidentally your evidence is - as the customer - first hand lay oral evidence.


It is neither 'hearsay' nor 'unprovable' as I've explained to Nasqueron previously in detail (and I thought was now understood, as others have also explained why first hand evidence is not hearsay).


Yes, usually the FOS is the final stage in the complaints' process. Although you don't state whether simply an Adjudicator sent you that response, or whether you asked an Ombudsman to deal with the matter. The latter can take months due to backlogs but can be worth pursuing. There are time limits so act speedily if you are still within the timeframe to ask an Ombudsman to reconsider the Adjudicator's final response.


The only other recourse available after this would be to issue in the County Court. Such cases are decided on the balance of probability ie 51%.


Whilst Costs are minimal (ie you can issue proceedings from £35 and handle the hearing yourself), you need to be aware that if you lost you could be liable for the bank's Costs. Although these are limited to fixed Costs of £80 for Small Claim matters such as this.


I wouldn't usually advise someone to do this unless they were experienced, but I imagine a clergyman's credibility would mean they have a greater chance of satisfying the burden.


At the end of the day it's your choice, but I could understand if you pursued the matter on principle as you were told a falsehood.

Yadda yadda yadda

hearsay
ˈhɪəseɪ/
noun
noun: hearsay
information received from other people which cannot be substantiated; rumour.
Law
the report of another person's words by a witness, which is usually disallowed as evidence in a court of law.

Person X reporting what they were told by person Y is hearsay by every definition of the word. I point this out every time and yet you still repeat this nonsense definition of your own that nobody else uses.

Even if we pretend it's not hearsay and we take it as fact, there is no evidence anyone can provide that proves what was said. Unless you have a recording device which both parties agree to use at the start, there is no evidence of this conversation and thus there is no weight to it. As the law in the UK is "he who asserts must prove" there is literally no worth to a "he said she said" style complaint because there is no proof it happened

Mersey_2

Precisely. If we reported what the OP had told us, yes, that would indeed be hearsay. Indeed any other third party including the OP's wife would be hearsay.


An OP stating - in a complaint to the FOS or to a County Court or Tribunal - what was said to them on the 'phone would not be. I really don't understand why you continue to fail to comprehend that.


Far from my being in the minority, this is the position in civil claims on a daily basis - as indeed others pointed out to yourself when you were in the minority of one last time you raised your view.


Re proof (which I also explained to you previously), it is on the balance of probabilities in civil matters, ie 51%, so no recording devices are required. The claimant provides their lay oral evidence and the bank/defendant theirs. The Courts then determine whether the burden has been discharged after hearing both sides.


You do not have to 'prove' anything in the way you appear to believe. Beyond reasonable doubt is the criminal burden and does not apply to civil matters.


If what you contend was the position, then no claimant would ever be allowed any evidence of their own, even though they were the other party in that original conversation. That would be bonkers beyond belief! Equality of arms does not mean only one side is allowed to provide their say.

belladr

Thanks Martin . I had assumed that because I had paid off my mortgage 8 years ago, I was too late to claim PPI, and no longer had any papers. Then I read your email, used your template letter. There were several phone calls from the bank , and I had to give details of my health and my self-employment. I got a letter telling me to go to a branch to present proof that I was the person I said I was, and showing that I was the recipient of my husbands estate - it was a joint mortgage. I am now awaiting the compensation to enter my bank account of just under £5,000! once again, thank you Martin!

steve_swift

Natwest PPI. I took out a 10k loan with natwest and was told I had to take PPI out on the loan in order for it to be accecpted . I distinctly remember this as I filled in the application online and then was told I needed to have a meeting with someone at the bank in order for it to be approved. As I was self employed at the time they needed extra proof of income etc. This loan I paid back in full just over a year later as took a larger loan out to pay off other CC debts. The total amount I presume included the PPI. The second loan I was told by Natwest that PPI would not cover me and they made me take out income protection. I am still paying this loan. Would I have a chance to claim PPI back on the first loan and is income protection still a form of PPI?


Thanks

Nasqueron

steve_swift wrote: »

Natwest PPI. I took out a 10k loan with natwest and was told I had to take PPI out on the loan in order for it to be accecpted . I distinctly remember this as I filled in the application online and then was told I needed to have a meeting with someone at the bank in order for it to be approved. As I was self employed at the time they needed extra proof of income etc. This loan I paid back in full just over a year later as took a larger loan out to pay off other CC debts. The total amount I presume included the PPI. The second loan I was told by Natwest that PPI would not cover me and they made me take out income protection. I am still paying this loan. Would I have a chance to claim PPI back on the first loan and is income protection still a form of PPI?


Thanks

Was this a personal loan or business?

steve_swift

Nasqueron wrote: »

Was this a personal loan or business?

Both were personal loans.

Judithgoudy

I submitted a PPI claim to NatWest bank on 23.1.17 using the Resolver tool. I had an acknowledgement immediately via text message. On 26.1.17 I had another text to say they were writing to me with their decision. On the 31.1.17 I received 3 letters from NatWest.
In total I have been offered just over £4000. My original loan was taken out in 1994!! It turned out my loan formed part of a consolidated loan chain and I was made offers on each of 3 loans.
It was so worth the couple of hours digging out the paperwork for the original loan and the half hour it took to fill in the online form. Don't pay someone else to do this! Thanks so much MSE!!!