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PPI Reclaiming discussion Part II

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  • lea76
    lea76 Posts: 209 Forumite
    Part of the Furniture Combo Breaker
    Hi

    I hope somebody can give me some advice please?

    I took out a secured loan through Priority One in 1999. we borrowed £6900 and it was from First National but we had to take out the PPI or we couldnt have the loan. We remortgaged the house and on the day the money was being transfered the solicotor phoned us and said she need to pay the secured loan off with the new mortage which we said was fine but we had to pay £11k back even though loan was repaid 5 years early:eek: We had no choice but to pay this but it has always annoyed me, as they told me a few months previously that we could settle in full for £6k, where this extra £5k came from I dont know.

    So i thought i would try and claim some of the PPI back, but I have no paperwork. I have found out First national is now GE Money so i wrote for a copy of the CCA. they sent it to me but its not signed by me, my OH or them . I wrote back asking for a refund due to mis-selling but they say i am not entitled to one because we could have cancelled at anytime and the case is now closed unless i want to make a complaint!

    SO....what do i do? Is it worth trying to re-claim the PPI, can i find out why my redemption fee was £11k and did i legally have to pay that when they dont have a signed agreement???

    Please help, thank you for reading this, i know i have waffled!!:o
  • Just came off the phone with GE Money to ask why I didn't receive a refund on my PPI after setterling early and was told it was up to me to cancel the Policy myself even though the loan was paid off, I then asked what use is a policy if I havn't got a loan any more and they supprised me even more when they said even though the Loan was paid off I could still claim on others Loans using that policy. News to me.

    Sending of a SAR now and then it looks like it will have to look into taking them to court.
    Reclaimed £25.00 Morgage Fee with Halifax:j
    Reclaimed £3200 PPI from Halifax (HBOS):j
    Reclaimed £3016 PPI from Welcome Finance :j
  • marluc
    marluc Posts: 160 Forumite
    tiggrae wrote: »
    hi the allocation questionaire is easy - just remember it's the court asking you where you want the case to be held and what Court track you want your case to go down - Small Claims, Multi or Fast Track - always go for the Small Claims Court even if it's over £5000. You won't be calling any expert witnesses so just leave that blank.

    Also on your particulars, If I were you I'd pull the bit out about CPR 18 and send it to their solictors by serving it on them - I'd also request the following information from them

    All procedures in place at the time of the Sale of the Policy to ensure they conform to good practice in the sale of PPI and your client is not guilty of the following poor practices as identified by the FSA:
    · Controls in place to prevent the risk of inappropriate sales: around half of the firms failed to take reasonable steps to ensure that customers did not buy policies on which they could not claim or which provided only very limited cover;
    · Controls in place for non-advised sales: about half of the firms selling on a non-advised basis did not have adequate systems to stop their staff giving advice or were providing information that amounted to giving advice;
    · The systems in place to assess customer suitability for ppi product;
    · There was an over-reliance on product documentation given to the customer at the expense of explaining the policy to the customer orally: most firms selling by telephone did not give sufficient information on exclusions;
    · Procedures in respect to the quality and timeliness of product and price disclosure;
    · The level and structure of inducements and Sales staff targets; and
    · Training of sales staff, particularly the person who sold me the policy;
    · Management Information regarding compliance monitoring. Any Internal Audit reports into the sale of PPI.
    :beer:
    Hi Tiggrae
    Went to CAB as you suggested, but they couldn’t help me, as they didn’t have an appointment available for another 2 months!
    Thanks to you, I have now posted off Court Questionnaire (phew) and written to Freedom Finance’s solicitors. You are a marvel. All I have to do now is wait and see what happens.
  • marluc
    marluc Posts: 160 Forumite
    I know that you are getting excellent advice from Tiggrae, but just to offer you some moral support. Do take the Court route. I have done and Tiggrae has been great. I did it as a matter of principle.
    Hope all goes well.
  • lea76
    lea76 Posts: 209 Forumite
    Part of the Furniture Combo Breaker
    Just came off the phone with GE Money to ask why I didn't receive a refund on my PPI after setterling early and was told it was up to me to cancel the Policy myself even though the loan was paid off, I then asked what use is a policy if I havn't got a loan any more and they supprised me even more when they said even though the Loan was paid off I could still claim on others Loans using that policy. News to me.

    Sending of a SAR now and then it looks like it will have to look into taking them to court.


    Whats a SAR?
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    lea76 wrote: »
    Whats a SAR?
    It's a Subject Access Request or a SADR Subject Access Data Request, basically it's where you can request details held against you under the Data Protection Act
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    lea76 wrote: »
    Hi

    I hope somebody can give me some advice please?

    I took out a secured loan through Priority One in 1999. we borrowed £6900 and it was from First National but we had to take out the PPI or we couldnt have the loan. We remortgaged the house and on the day the money was being transfered the solicotor phoned us and said she need to pay the secured loan off with the new mortage which we said was fine but we had to pay £11k back even though loan was repaid 5 years early:eek: We had no choice but to pay this but it has always annoyed me, as they told me a few months previously that we could settle in full for £6k, where this extra £5k came from I dont know.

    So i thought i would try and claim some of the PPI back, but I have no paperwork. I have found out First national is now GE Money so i wrote for a copy of the CCA. they sent it to me but its not signed by me, my OH or them . I wrote back asking for a refund due to mis-selling but they say i am not entitled to one because we could have cancelled at anytime and the case is now closed unless i want to make a complaint!

    SO....what do i do? Is it worth trying to re-claim the PPI, can i find out why my redemption fee was £11k and did i legally have to pay that when they dont have a signed agreement???

    Please help, thank you for reading this, i know i have waffled!!:o
    It really depends whether you paid off your loan within the last 6 years. If so then there are two court options 1. either for not having received a refund on the PPI for repaying early, which is under the FSA have stated is unfair under the Unfair Consumer Contract Terms Regulations 1999, this a link to what the FSA have to say on the subject Refunds of Single Premium Payment Protection Insurance.

    2. Or for the mis selling which is Negligent Misrepresentation under the Misrepresentation Act 1967. In all honesty the UCCTR is the easier one to go down
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    Just came off the phone with GE Money to ask why I didn't receive a refund on my PPI after setterling early and was told it was up to me to cancel the Policy myself even though the loan was paid off, I then asked what use is a policy if I havn't got a loan any more and they supprised me even more when they said even though the Loan was paid off I could still claim on others Loans using that policy. News to me.

    Sending of a SAR now and then it looks like it will have to look into taking them to court.
    see my post to Lea76 at post #108
  • DebtMagnet
    DebtMagnet Posts: 210 Forumite
    Part of the Furniture Combo Breaker
    tiggrae wrote: »
    Not at all - you can still take your claim to the county court !!!!

    Well many thanks again tiggrae. I do believe I have a case so what the heck....I'll give them a fight.

    I'll now go through the info on here again to see how to go about it the right way.

    Thanks again
    DM
  • DebtMagnet
    DebtMagnet Posts: 210 Forumite
    Part of the Furniture Combo Breaker
    marluc wrote: »
    I know that you are getting excellent advice from Tiggrae, but just to offer you some moral support. Do take the Court route. I have done and Tiggrae has been great. I did it as a matter of principle.
    Hope all goes well.

    Thanks for the support marluc, much appreciated!!

    Reading your other posts I can see our cases are different so the advice you have been given (for filling in allocation questionaire etc) is probably not relevant. I'll have to do some more research on here first as I really have no idea on what I'm doing and have never taken anyone to court either same as you (although I did nearly take Lloyds to court over bank charges before they paid up:D )

    I shall post back when I am ready to take it further and will no doubt have a million questions.

    Cheers,
    DM
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