PPI Reclaiming successes and failures

babsywabsy

Sorry, shall I delete this post? I posted as I thought it was a failure, then today saw the 1990 ppi thread.

juscruising

What were you reclaiming: Credit card
Who was the provider: Capital One
How much did you get back: £150
Did you get it back after a letter or did you go to the Financial Ombudsman: Sent a letter.

What were you reclaiming: Credit card
Who was the provider: MBNA
How much did you get back: £1898
Did you get it back after a letter or did you go to the Financial Ombudsman: Sent a letter.

What were you reclaiming: Store Card
Who was the provider: Dorothy Perkins
How much did you get back: £174
Did you get it back after a letter or did you go to the Financial Ombudsman: Sent a letter.

What were you reclaiming: Catalogue
Who was the provider: Shop Direct
How much did you get back: £2168
Did you get it back after a letter or did you go to the Financial Ombudsman: Sent a letter.

What were you reclaiming: Loan
Who was the provider: Citi Financial
How much did you get back: £278
Did you get it back after a letter or did you go to the Financial Ombudsman: Sent a letter.

My claim story is the same for all of them, I sent off letters, within a few weeks from each received responses saying my complaint was upheld. The only slightly different one was MBNA, who called me to ask how I was sold the PPI, then within a week sent a letter confirming they had also upheld my complain.

only_mee

Was clearing out a shed, there was a box, inside the box was a briefcase.This wasn't disturbed in 20 years.
Inside was an agreement with lloyds, so i made a claim and got just over 1k back.

Tracey25

HI Need some advice quick.

I was mis-sold PPI when i bought a car. The credit application form already had the PPI box pre -populated and was never discussed. This was in 2000.

In 2012 i found the credit application and started to investigate using Martin format. This only got me so far, as I went to the dealership direct. They stated they did not sell PPI, and from there i went through the Ombudsman and they said that the could not find the right entity of business who would have sold the policy to me as the business had changed and could not be sure who would be liable, even though i did contact the finance co direct and they stated it was the dealership! So frustratingly I stopped, and due to close family bereavements i didn't picked it up again in 2016.

This is when i used a PPI collections company, just to see if they would get anywhere with it. Again they tried the dealership, who kept saying it was the finance company, due to the pre-populated tick in the application that came direct from the finance company.

So i looked into this further, discontinued with the PPI claims company and decided to take direct action with the finance company again.

I was in correspondence with them and they stated again it was the dealership, however if i could not get paid, they would assist and intervene.

Then nothing.
So I got a solicitor to send a final demand letter, and the reply back was they would 'look into it'

Time passed and i then did a MCOL to the finance co.

Had no reply from the County Court Claim and in January decided to issue a CCJ.

Behold, they made contact. Spoke to my Solicitor and said they would look into it, as they wanted the CCJ removed.

The next thing i have a big London law firm throwing legal jargon at me, and said that their client had not received the claim, and therefore i should remove the CCJ, as i was timed barred.

So we are now at the stage where i had a hearing last week and the Judge withdrew the CCJ, however stated that he couldn't reasonably withdraw the claim, and that i should get advice on if this matter is Statue Barred, as he said this is a grey area. Plus the finance Co has not filed a defence!

The London Law firm have said that i should withdraw my claim and pay the coast awarded to them, if not they would have me for 'unreasonable behaviour' and that my claim is statute barred, as i should have claimed 6 year from 2000, or 3 year from knowledge. Which i did, and believe my case is ongoing from there, but they are telling me i am out of time.

Obviously there is a lot me i can say, but if anyone know of any cases, or points of law that can help defend my case i would be so very grateful,

Unfortunately i do not have the money to get full legal assistance, but thought this could be a great place to start getting info.

Thanks in advance

dunstonh

I was mis-sold PPI when i bought a car. The credit application form already had the PPI box pre -populated and was never discussed. This was in 2000.

That is important info as it means you bought before regulation started in January 2005. Car dealers didnt become regulated until January 2005.

even though i did contact the finance co direct and they stated it was the dealership!

Logically, it would have been the dealership. They sold the you the car and car finance is bought via car dealers (not banks as they do personal loans).

So we are now at the stage where i had a hearing last week and the Judge withdrew the CCJ, however stated that he couldn't reasonably withdraw the claim, and that i should get advice on if this matter is Statue Barred, as he said this is a grey area. Plus the finance Co has not filed a defence!

Statute barring makes sense as it was more than 15 years ago. Whilst there is no 15 year rule on the regulated complaints process. There is with courts. Although it requires the defendant to request it.

Obviously there is a lot me i can say, but if anyone know of any cases, or points of law that can help defend my case i would be so very grateful,

There are not many court cases that succeed. Partly as a) the time bar for legal action (which doesnt exist under the FCA complaints process but does in the courts) b) regulation didnt start until January 2005. So, sales before that date cant breach FCA (then FSA) guidelines as they didnt come until January 2005. So, you would need to say what breaches of consumer law existed and be able to prove that and c) most people can use the FCA regulated complaints process at no cost. So, no need to use the courts.

In your case, the main issue is that you appear to have taken legal action against the wrong firm. The whole issue over PPI is not the product itself but how it was sold. You took the lender to court when you should have chosen the seller of the product and that is the car dealer. However, the car dealer would almost certainly invoke the timebar.

I can see why the finance company lawyers have come back at you with unreasonable behaviour. Why did your solicitor tell you to go after the finance company when it wasnt the finance company that sold it? Starting legal action against the wrong company has consequences.

Nasqueron

Why did you sign a contract with PPI pre-ticked if you didn't want it?

[Deleted User]

Nasqueron wrote: »

Why did you sign a contract with PPI pre-ticked if you didn't want it?

I think the OP inferred that he only realised he had paid PPI when he "found" the credit application in 2012. He obviously didn't read the Agreement before signing or since.

Tracey25

It was never discussed when signed.

Plus the form for the credit application was under the finance comapny, and the box for PPI was pre-populated, as such the dealership had no say in the PPI insurance matter either, and there was nothing on the credit form stating that PPI was the dealers responsibility.

The finance co did say that if i had no joy from the dealership they would resolve the issue, but have not.

Hence the reason for taking the finance Co to court, and not the Dealership is due to the pre populated PPI already on the form from the finance Co. Plus i have letters from the dealership stating they did not sell the PPI.

Its due to the Lack of co-operation from the finance Co that i am at this stage at all.

The debt is only £2k and even the Judge at last week's hearing said it was a grey area, otherwise he would have struck the claim out as the defendant had requested.

I will be speaking to a solicitor tomorrow, but in the meantime, i am being pressured by the defendants high charging solicitor from London to withdraw the claim and pay cost! The fact they have instructed such an expensive law firm in relation to the actual debt is ridiculous.

[Deleted User]

Tracey25 wrote: »

It was never discussed when signed.

That doesn't absolve you from responsibility if you then failed to read the Agreement you signed.

Tracey25 wrote: »

the form for the credit application was under the finance comapny, and the box for PPI was pre-populated, as such the dealership had no say in the PPI insurance matter either

The fact remains that the dealership (mis)sold you the policy. Your logic here is seriously flawed.

Tracey25 wrote: »

The finance co did say that if i had no joy from the dealership they would resolve the issue

By closing your complaint I assume?

Tracey25 wrote: »

i am being pressured by the defendants high charging solicitor from London to withdraw the claim and pay cost!

Bluntly put, I don't think you are going to win here not least because you've taken the wrong firm to court. As Dunston said above, only very rarely have people won PPI complaints in court.

Tracey25 wrote: »

The fact they have instructed such an expensive law firm in relation to the actual debt is ridiculous.

They obviously regard your complaint as vexatious and without foundation.

Nasqueron

Moneyineptitude wrote: »

I think the OP inferred that he only realised he had paid PPI when he "found" the credit application in 2012. He obviously didn't read the Agreement before signing or since.

The point I am making is if the form from finance came back with a pre-ticked box, why sign it if you don't want it or why not cancel it? These are the questions the FOS or a court would ask. If you don't want it, it's logical to refuse to accept it or cancel it immediately, doing it 20 years (or whatever it is) later would look to a neutral like a try it on case.

If the sales process was the same as when I got my car we agreed the finance details, then they applied and I came back a few days later to sign it all - yes it was all pre-printed but only on the terms I had agreed beforehand. The salesman added GAP insurance and made a fuss about cancelling it after they did the finance so I simply cancelled it in writing a few days after and got a refund