PPI Reclaims not covered by the FOS

tiggrae

PaulinWeston wrote: »

The claim is for £500 - the reason they are trying to have it allocated to the multi track is simply because (IMHO) they want to deter me from progressing because I will have to stump up the hearing fee (although if it goes into multi or fast track I can get representation under a CFA - so all is not lost)

The "point of law" they are arguing is that, under the CCA section 56 (1)b, they act as a fudiciary for the goods sold (i.e the car) - not the PPI that was sold alongside it.

you need to complete the Court's Allocation Questionaire and put down that there is no reason to have it allocated to anywhere other than the Small Claims Track, also are they trying to have this 'struck out' - you have to be so careful with court claims - if they get it struck out you could be liable for their costs as it hasn't reached the small claims court yet

tiggrae

boring wrote: »

:mad:[EMAIL="humilty6@googlemail.com"]humilty6@googlemail.com[/EMAIL]
CREDIT CARD PPI
Thanks to the previous post's, that have motivated me to take action.

If I am in the wrong place please re direct me, AM I WRONG TO BE ANGRY, :mad:AND FEELING AN IDIOT
I am now retired.
In 1998 I took out a credit card with **** bank, in Feb this year my account was transfered to *****, which is part of the same company, my cedit limit was £2000, in all that time to date, I have not been in arrears, I have paid it by direct debit for 11 years as I never had the cash to settle,I cant beleive I did it.
Last week I called the CARD company and said that I cant pay £60 per month now, and could they freize the interest, and pay less, I was told, sorry we cant freeze the interest, but they may be able to give me lower rate and sent me a form so as to list all my out goings.and say what I can afford to pay.
£2000 card loan, and paying insurance I was told I would have to have, and no mention that I could get my insurance elsewhere neither. still have £1900 debt on the card and have made payments to approx £7500 and still owe ££££££s.

BINGO I answered the telephone last friday to hear a recorded message YOU CAN CLAIM for miss sold ppi, for loads of reasons, realising I more than qualify here I am , a company told me that he could get my PPI insurance back and a lot more, but did not mention any cost.
NOW
I cant find my agreement
the card company asked if I would like to cancel my Insurance, I SAID NOT JUST NOW
I asked her to confirm that I have allways had PPI from commencement, she hedged she cant see those details, I told her she must have that information as I am still a customer, she puffed and said "let me look", 20 seconds and she said since the start, Nov 1998, I nearly had a heart attack.
I think I want to pursue it myself, I feel it is now war. GREEDY PIGS.
If a reader of this can encourage me, it would be great, I may be 67 but I am not dead yet.
Any Idea how much I could get would be good, I understand it is all what if.
By the way I live in the South of UK
Kind Regards
Boring

yes, definately go for it - if you were told it was compulsory or didn't know you had it then it was definately mis sold

stereo_mike

Just a quick question open to all; has anybody actually submitted a claim to court which has gone the whole way and they have actually won in relation to mis-sold PPI, or have used a 3rd party which has taken a case to court on your behalf, where it has not been settled outside of court??

The only reason I ask, is that as you are probably aware, I deal with a lot of ambulance chaser company's, some of which are actual Solicitors and some which are just claim management firms, however, I am finding that even Solicitors do not actually take a claim to court, in fact one solicitor actually submitted a claim to me using a template letter from this site!!!

I therefore feel that people should be made more aware that these company's do no more than what a client could do themselves, and the client gets to keep all their redress, instead of losing on average nearly 30% of it in fees by using a 3rd party.

It really does seem that 3rd parties do nothing more than make a complaint, then go to FOS. If it is anymore technical than that, they just leave it due to the potential costs involved.

Any thoughts would be grately appreciated.

maxdp

Thanks for highlighting that stereo mike,

katglasgow

My DH had a letter today from Blackhorse offering him all PPI back plus 8% interest, as a goodwill gesture without accpeting any liaility. The loan was taken out before balckhorse came under the FOS, but on the advice of others here, I [FONT=&quot]persevered[/FONT] with my letter 2 and have received this offer. I am very grateful to everyone else for posting their stories and advicw which I have found very helpful and we are pelased with the result. Thanks xx

di3004

katglasgow wrote: »

My DH had a letter today from Blackhorse offering him all PPI back plus 8% interest, as a goodwill gesture without accpeting any liaility. The loan was taken out before balckhorse came under the FOS, but on the advice of others here, I [FONT=&quot]persevered[/FONT] with my letter 2 and have received this offer. I am very grateful to everyone else for posting their stories and advicw which I have found very helpful and we are pelased with the result. Thanks xx

Fantastic :T:T:j:j
Well done to you and Congratulations.:beer:

This will also help others as well, cheers so much.;)Xx

marshallka

katglasgow wrote: »

My DH had a letter today from Blackhorse offering him all PPI back plus 8% interest, as a goodwill gesture without accpeting any liaility. The loan was taken out before balckhorse came under the FOS, but on the advice of others here, I [FONT=&quot]persevered[/FONT] with my letter 2 and have received this offer. I am very grateful to everyone else for posting their stories and advicw which I have found very helpful and we are pelased with the result. Thanks xx

Brilliant news and so helpful and gives encouragement to others too. Well done.:T:beer:

marshallka

stereo_mike wrote: »

Just a quick question open to all; has anybody actually submitted a claim to court which has gone the whole way and they have actually won in relation to mis-sold PPI, or have used a 3rd party which has taken a case to court on your behalf, where it has not been settled outside of court??

The only reason I ask, is that as you are probably aware, I deal with a lot of ambulance chaser company's, some of which are actual Solicitors and some which are just claim management firms, however, I am finding that even Solicitors do not actually take a claim to court, in fact one solicitor actually submitted a claim to me using a template letter from this site!!!

I therefore feel that people should be made more aware that these company's do no more than what a client could do themselves, and the client gets to keep all their redress, instead of losing on average nearly 30% of it in fees by using a 3rd party.

It really does seem that 3rd parties do nothing more than make a complaint, then go to FOS. If it is anymore technical than that, they just leave it due to the potential costs involved.

Any thoughts would be grately appreciated.

Only just read this stereo mike. I have not seen any "court" related PPI claims on here for a long time. I know ages ago people did post about courts but only upon doing it themselves and like you say, half the time claims companies AND solicitors only do what you can do for yourself. There is a thread about Loancheck and although they always claimed that these cases would be sorted within about 9 months everyone posting on here are still waiting 2 years later. No-one to my knowledge has ever posted winning. They do however claim to get back MORE than just the PPI.

PaulinWeston

I went to court over my PPI claim with Volkswagen Finance. I took out a car loan with a volkswagen franchise in 2003 and was mis-sold PPI. The loan was written on a Volkswagen Financial Services agreement.

When it came to complaining, I found that my complaint was against VWFS (not the dealer), but that at the time the agreement was signed, they were not regulated by the FOS (and the FLA were useless) - so I took the claim to court.

The other side tried to have the claim struck out (time barred) - and I argued (and won).

They then tried to have the claim transferred to the multi track (so that they could claim costs against me) - and I argued (and won) that too!

I claimed for the return of the premium, plus interest at 13% (the same rate as the car loan) - and got the lot back! (plus the court fee).

marshallka

PaulinWeston wrote: »

I went to court over my PPI claim with Volkswagen Finance. I took out a car loan with a volkswagen franchise in 2003 and was mis-sold PPI. The loan was written on a Volkswagen Financial Services agreement.

When it came to complaining, I found that my complaint was against VWFS (not the dealer), but that at the time the agreement was signed, they were not regulated by the FOS (and the FLA were useless) - so I took the claim to court.

The other side tried to have the claim struck out (time barred) - and I argued (and won).

They then tried to have the claim transferred to the multi track (so that they could claim costs against me) - and I argued (and won) that too!

I claimed for the return of the premium, plus interest at 13% (the same rate as the car loan) - and got the lot back! (plus the court fee).

Hi Paul, hope you are well or bearing up at least.

Well done for taking it through the courts and well done for winning. Its very brave...:T