PPI Reclaims not covered by the FOS

mp1

I recently wrote to my bank sending a template letter requesting my original credit agreement and all other subsequent agreements going back to around 1998 so I could make a PPI claim. I recently received a letter back from my bank saying under the CCA we will act on a s77(1) or s 78(1) if the regulated agreement has not ended. We will also comply with a subject access request made under the DPA but that will not include providing personal data contained in manual archive files as these files are not structured in a way that they are a relevant system for purposes of the DPA. As your request relates to loans that have ended we have no obligation to provide the information yo request. Accordingly the fee yo enclosed has been returned.

Where do I stand, am I entitled to these copy agreements and can I make a claim without them?

mp1

dunstonh

Where do I stand, am I entitled to these copy agreements and can I make a claim without them?

S77/78 refers to debts that are still outstanding only. Not debts that have been repaid.

The subject access request will give you info that is in a relevant filing system and hasnt been destroyed. It may not include long filed documents that are not linked to a computer filing system for example.

When you say claim, do you mean claim or complaint? Assuming complaint, then you dont need your agreements. You just state your mis-sale reasons for each complaint you have.

Be aware though that if the debt is repaid, the documents destroyed and you have no records of your own, then they will not pay out. They can only pay out where they have information.

Loublou1

Hello All

Im hoping you folks can offer some advice

In 2004 We took out a black horse loan with PPI - we have pursued a claim of mis-selling. When we took out the cover we were told it covered Unemployment etc etc. A year into the loan my husband went self employed, little did we realise that he was now not covered for unemployment, the cover automatically changes to critical illness cover. None of this was explained to us at the time. We have filed a complaint and have had what seems to be a standard letter saying GO AWAY. According to the FOS we cannot claim with them because black horse were not regulated by them until 2005. Lloyds TSB GI who underwrite our ppi were authorised by FSA in 2001. Does that mean we can put a claim against Lloyds for a refund of PPI.

I know you lovely people on here seem to have loads of knowledge in the above, so would very much appreciate any advice you can give, especially who I need to write to next etc etc. The loans was initially for over £25k.

Many thanks folks

Louisa

dunstonh

the cover automatically changes to critical illness cover.

This does not sound likely. The unemployment cover would have been under a short term insurance policy offered by a general insurance company. Critical illness cover is long term insurance which is offered by life assurance companies.

I suggest you look at the policy you have and what it covers. If you are wrong on the cover and putting complaints in about something you dont have or doesnt apply then it weakens your position.

valzy

Today i got my response from the FLA telling me they cant help after Blackhorse have refused to pay me out. Im going to keep at it until they do something, i was missold the ppi and forced to task this as i had bad credit.:(

di3004

valzy wrote: »

Today i got my response from the FLA telling me they cant help after Blackhorse have refused to pay me out. Im going to keep at it until they do something, i was missold the ppi and forced to task this as i had bad credit.:(

Contact the FOS instead, if you let the FOS know you have tried the FLA avenue, they may suggest the underwriter/insurer instead, and will then be able to take the case on, as its possible these would have been regulated and they will also check the liabilities of the underwriter to the lender/broker, good luck.

magpiecottage

Who was the insurer for the policy sold by Black Horse?

rockstar44

I have 2 storecards, Dorethy Perkins & Debenhams, which I have had since about 1996, both of which had PPI on them up until April when I tried to reclaim this from Santander. As they were so old (Pre 2005) I followed the advice on this site & decided to use a Claims Company. I've given them all the information & someone from the company phoned me today to say that PPI cannot be reclaimed from Storecards anymore. Has anyone else heard anything similar or do you think they've just decided it might be abit too much like hard work? I've successfully reclaimed over 12k from MBNA & HBOS so i know I've got a solid case for mis-selling! Any advice?

amersall

If you have valid reasons for mis sell then give FOS a ring and find out what route you need to take now and send the complaint in.

You are correct,the claims co wont touch this as it is not "easy money" too much like hard work,go for it and see what happens.

Make sure you have it in writing that the claims co wont touch this,and you need to make clear to the card company and FOS that you are doing this claim and they must only deal with you,otherwise, if you win,the company will be notified and they will take their %.

rockstar44

That's what I'll do, thanks for the advice.