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PPI Reclaiming successes and failures
Comments
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- What were you reclaiming: Loan
- Who was the provider: Barclays
- How much did you get back: £4010
- Did you get it back after a letter or did you go to the Financial Ombudsman: Got it back after sending letters. Didnt have to take it to FO
We had received 3 letters from Barclays saying they were looking into it but hadn't received an outcome.. or so we thought!
As we had heard nothing, last night I decided to fill out the Financial Ombudsmen claim form, on doing so I needed the date of the start of the loan and so logged on to the Barclays account (which we don't use anymore since paying the loan off) and to our delight saw £4000 credited to our account on the 28th September!! £3000 PPI repayment an £1000 interest repayment.
We were ecstatic, what a wonderful surprise. Having just moved into our first home together we hadn't yet updated our address with Barclays and so the letter had obviouly been sent to my Partner's parents address and so we had no idea it was coming. Such a coincidence they paid on the 28th Sept and 2 days later thought we should chase it up! We are looking forward to going to collect the letter now!
My partner also had an Egg loan which we paid off and we had sent them the letters too, however they replied saying they refused to pay out but I have completed the FOS complaint form and will be taking it further on the basis that when he took the loan out he was told that if the credit application was refused it would look bad on his credit rating, but that if he took PPI it would assist his credit application making it less likely to be refused and so again he was tricked into taking it.
I now understand from MSEsite that Egg do this in the hope we won't bother taking it any further (which to be honest we probably wouldn't have if we hadn't had the success with Barclays) but now we have had such success with Barclays, again we have nothing to lose!
Never in a million years did we think anything would come of those letters we sent of in January this year but we thought it was worth a go. Nothing ventured....
We are so very glad we did and wouldn't have done it wouldnt have done it if it hadn't been for Martin Lewis - Thank you so very much. Its going straight in the wedding fund!0 -
Kiggz66685 wrote: »
- What were you reclaiming: Loan
- Who was the provider: Barclays
- How much did you get back: £4010
- Did you get it back after a letter or did you go to the Financial Ombudsman: Got it back after sending letters. Didnt have to take it to FO
We had received 3 letters from Barclays saying they were looking into it but hadn't received an outcome.. or so we thought!
As we had heard nothing, last night I decided to fill out the Financial Ombudsmen claim form, on doing so I needed the date of the start of the loan and so logged on to the Barclays account (which we don't use anymore since paying the loan off) and to our delight saw £4000 credited to our account on the 28th September!! £3000 PPI repayment an £1000 interest repayment.
We were ecstatic, what a wonderful surprise. Having just moved into our first home together we hadn't yet updated our address with Barclays and so the letter had obviouly been sent to my Partner's parents address and so we had no idea it was coming. Such a coincidence they paid on the 28th Sept and 2 days later thought we should chase it up! We are looking forward to going to collect the letter now!
My partner also had an Egg loan which we paid off and we had sent them the letters too, however they replied saying they refused to pay out but I have completed the FOS complaint form and will be taking it further on the basis that when he took the loan out he was told that if the credit application was refused it would look bad on his credit rating, but that if he took PPI it would assist his credit application making it less likely to be refused and so again he was tricked into taking it.
I now understand from MSEsite that Egg do this in the hope we won't bother taking it any further (which to be honest we probably wouldn't have if we hadn't had the success with Barclays) but now we have had such success with Barclays, again we have nothing to lose!
Never in a million years did we think anything would come of those letters we sent of in January this year but we thought it was worth a go. Nothing ventured....
We are so very glad we did and wouldn't have done it wouldnt have done it if it hadn't been for Martin Lewis - Thank you so very much. Its going straight in the wedding fund!
Absolutely wonderful !:j:j
Well done and Congratulations.
:beer::T:beer:
Also with the wedding, all the very best.:beer:The one and only "Dizzy Di"0 -
FROM BBC NEWS WEBSITE:-
A decision by a county court judge could mean thousands of borrowers being able to renege on their debts. Judge Jacqueline Smart at South Shields county court has decided that the MBNA credit card company cannot demand the repayment of a customer's debt.
It tried to force Mrs Lynne Thorius to repay the £8,000 she owed on her card.
But the Judge decided there had been an unfair relationship between Mrs Thorius and MBNA because of the way she had been sold payment protection insurance.
'Massive ramifications'
Mrs Thorius's case was pursued on her behalf by a claims management firm Cartel Client Review, based in Manchester, and the law firm Consumer Credit Litigation Solicitors.
Carl Wright of Cartel Client Review said the court decision was a landmark judgement.
"This will have massive ramifications for consumers up and down the country," he said.
But MBNA downplayed the importance of the court decision.
"The judgement went against MBNA for a number of reasons," a spokeswoman said.
"In principle, because the deputy district judge felt that MBNA had not on this occasion provided the appropriate documents to the customer and as such was not able to rely on the clauses MBNA would ordinarily seek to rely on in these cases," she explained.
"The case is a county court case and each case is decided on its own merits and on the factual circumstances of each case. This does not set any legal precedent," said MBNA.
'Secret commission'
The credit card in question was branded with the logo of Sunderland football club and was sold to Mrs Thorius in the club's shop in 2002.We have been using this argument for some time but lenders have been settling outside the courts to avoid publicity
Carl Wright, Cartel Client Review
The PPI policy was strongly recommended by MBNA to her at the same time, to pay off her account if she fell ill or was made redundant.
But, critically, she had not been told that MBNA would be receiving regular commission payments from the insurance provider ITT London & Edinburgh, a subsidiary of the Aviva insurance group.
Judge Smart agreed with the argument of Mrs Thorius's barrister, Paul Brant, that this "secret" commission meant the credit card deal was unfair and therefore in breach of the Consumer Credit Act.
This point could potentially undermine many other agreements where PPI has been sold by the lender alongside a loan.
These include car finance deals, other personal loans and even mortgages.
"This practice is believed to be widespread and formed part of the Competition Commission's decision to prohibit the co-sale of PPI with credit in its report published on 29/1/09," her solicitors noted.
"This point is likely to affect many thousands of individuals within England and Wales," they added.
Repayments
The main ground on which Judge Smart said Mrs Thorius's credit card debt was unrecoverable was because MBNA could not provide a copy of the original signed loan agreement, which is also a requirement by the Consumer Credit Act.
The Judge ordered the company either to repay Mrs Thorius's PPI premiums and interest, or the value of the commissions it had received which so far has been undisclosed.
The PPI premiums, which rose each month as the credit card debts increased, amounted to £2,500 over the time the card had been in use.
The claims management industry which has emerged in the past few years has been highly controversial.
Many firms advertise in newspapers and on television, encouraging people to come forward to write off their debts.
This year the authorities, such as the Office of Fair Trading (OFT), Ministry of Justice (which regulates claims management firms) and the Solicitors Regulation Authority, have warned firms not to make exaggerated claims about their ability to get debts written off because of apparent technical errors in the lenders' paperwork.
Appeal?
Since April 2007 more than 100 such firms, or those advertising for people to pursue personal injury claims, have been shut down by the OFT.
But the South Shields ruling appears to open up a new and genuine line of attack for claims firms.
"We have been using this argument for some time but lenders have been settling outside the courts to avoid publicity," said Mr Wright.
MBNA applied for leave to appeal, which was rejected, but it may now apply directly to a higher court for permission to appeal.
Or it may be able to appeal if it can find the original loan documentation.
Only when higher courts have decided the issue will the legal ramifications, and the effects on lender and borrowers, be clear0 -
(Was Kazc but won't let me log in !!)
Hi Di,Marshallka & everyone else who helped us.
Finally received a letter from Capital One today that £7029.00 should be in our bank account within the next four days (YES!!!!)
Thanks to everyone for your support and guidance over the last twelve months especially Di and Marshallka - we could not and would not have done this without you both.
Thanks again and good luck to everyone - Don't give up even though you feel like it sometimes ! It is worth all the sleepless nights in the end !
Kazc x
Thanks also to Martin as I wouldn't have known anything about PPI had I not been told about this website.0 -
(Was Kazc but won't let me log in !!)
Hi Di,Marshallka & everyone else who helped us.
Finally received a letter from Capital One today that £7029.00 should be in our bank account within the next four days (YES!!!!)
Thanks to everyone for your support and guidance over the last twelve months especially Di and Marshallka - we could not and would not have done this without you both.
Thanks again and good luck to everyone - Don't give up even though you feel like it sometimes ! It is worth all the sleepless nights in the end !
Kazc x
Thanks also to Martin as I wouldn't have known anything about PPI had I not been told about this website.
Hi hun
Hope your well.;)
Wow that is fab news, thanks for letting us know.
Absolutely brilliant hun, well done and Many Congratulations.
:beer::T:beer:
So happy for you, and your very welcome.:AXxxThe one and only "Dizzy Di"0 -
What were you reclaiming: PPI
Who was the provider: MBNA
How much did you get back: £600
Did you get it back after a letter or did you go to the Financial Ombudsman: Got it back after sending one letter. Didnt have to take it to FO
My misses got back her PPI from MBNA Wednesday 23/09/09 after I sent one letter on her behalf. However MBNA rather cheekily credited a mere 247 pounds in lieu of CC charges, to her account, even though total reclaim is 1,944.00 pounds. I've written another letter to them quering their actions.0 -
What were you reclaiming: PPI
Who was the provider: MBNA
How much did you get back: £600
Did you get it back after a letter or did you go to the Financial Ombudsman: Got it back after sending one letter. Didnt have to take it to FO
My misses got back her PPI from MBNA Wednesday 23/09/09 after I sent one letter on her behalf. However MBNA rather cheekily credited a mere 247 pounds in lieu of CC charges, to her account, even though total reclaim is 1,944.00 pounds. I've written another letter to them quering their actions.
As regards the one where they have short changed you, did you have to accept anything in writing? If not and they just credited then you could always get a complaint in at FOS if they do not give the whole lot back. I hope it does not have to go that far though and you get it back without the need.
Good luck0 -
What were you reclaiming: PPI
Who was the provider: MBNA
How much did you get back: £600
Did you get it back after a letter or did you go to the Financial Ombudsman: Got it back after sending one letter. Didnt have to take it to FO
My misses got back her PPI from MBNA Wednesday 23/09/09 after I sent one letter on her behalf. However MBNA rather cheekily credited a mere 247 pounds in lieu of CC charges, to her account, even though total reclaim is 1,944.00 pounds. I've written another letter to them quering their actions.
Well done to you.
:beer::T:beer:
Good luck with the query as well.;)The one and only "Dizzy Di"0 -
- What were you reclaiming: PPI on 2 loans
- Who was the provider: Both HFC
- How much did you get back: £4500
- Did you get it back after a letter or did you go to the Financial Ombudsman: Sent one letter using template from this site
- And then write your brief reclaim tale
Two down three more to go!!!
winner!! winner!! chicken dinner!!!!!:beer:0 -
- What were you reclaiming: PPI on 2 loans
- Who was the provider: Both HFC
- How much did you get back: £4500
- Did you get it back after a letter or did you go to the Financial Ombudsman: Sent one letter using template from this site
- And then write your brief reclaim tale
Two down three more to go!!!
winner!! winner!! chicken dinner!!!!!:beer:
Hello, welcome, and Congratulations and Well done.
:beer::T:beer:The one and only "Dizzy Di"0
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