PPI Reclaiming discussion Part II

di3004

linda2604 wrote: »

Hi marshallka :A ,

They were £368.46 per month.

Linda2604

Hi Linda
Marshallka will check through this for you as soon as she can hunni.;) :j

di3004

mrssarahh wrote: »

Hi I have copied the above post here for some more advice - thanks very much Di for your help.

In answer to your questions:

He has had the loan for a couple of years I think.

We weren't going to try and reclaim any PPI because it was all done on the internet and I understood it was harder to claim if this was the case.

I was thinking that the next step would be to ask for more information like you said - the letter we received was quite vague, just said what the monthly repayment would be, I would like to know how it is calculated, whether it is a higher APR or for something else.

I'm assuming that what they are doing is giving us a settlement figure on the loan, then taking out another one to pay this off - in which case surely they are getting some of the interest at least twice?

Do you think writing for more information in the first place is the right thing to do?

If you want to request for the info, it may help with your case here.;)
The company should supply agreements if you have not got these, they may charge I think this is £1 for them, and the written breakdown of calculations should be provided to you free of charge.
They may even supply the agreements free of charge.

If you require all the info it would have to be an SAR request, where a charge is made for £10 for this, but they have 40 days to get this back to you, this has all the information of you (hubby) then, on that account, which should include the sale made over the internet etc, phone calls made, just everything.

I will add the SAR template here for you if you want to do this, please let me know, cheers.:D

See what the others have to say about this if you want as they may have other opinions.

dreamer33

marshallka wrote: »

Dreamer, I did the same here too and was told we have always had protection by the law, its just we have to use the courts here. There is always the mispresentation act of 1967 or the Unfair terms in consumer contracts 1999 etc. You may have to think now about using the courts. I know of two that fought Freedom through the courts and both won at the last minute and did not have to attend the hearing...

The only thing is thats got me thinking is the limitations act.

dreamer33

I was just thinking, on my credit agreement should it show the monthly cost of the PPI separate to the monthly payment of the loan.

Its shown as the loan amount then the PPI amount and both of them added together. Then is shows the monthly payment for them both together.

I don't even know if the PPI carries a separate monthly amount?

dreamer33

Have a look at this website if you have already sorry:

http://en.wikipedia.org/wiki/Unjust_enrichment#Determination_of_liability

It is full of info on contract law, its really interesting.

marshallka

dreamer33 wrote: »

The only thing is thats got me thinking is the limitations act.

It can be over ridden sometimes I think by section 32

One of the exceptions to this rule is contained in section 32(1)(b) of the Limitation Act 1980 which provides that, where any fact relevant to a claimant's cause of action has been deliberately concealed from him by the defendant, the limitation period will not begin to run until the claimant has (or could have) discovered the concealment.
Section 32(2) provides that a deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty.

32 Postponement of limitation period in case of fraud, concealment or mistake

(1) Subject to [F1subsection (3)][F1subsections (3) and (4A)] below, where in the case of any action for which a period of limitation is prescribed by this Act, either—
(a)the action is based upon the fraud of the defendant; or
(b)any fact relevant to the plaintiff’s right of action has been deliberately concealed from him by the defendant; or
(c)the action is for relief from the consequences of a mistake;
the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.
References in this subsection to the defendant include references to the defendant’s agent and to any person through whom the defendant claims and his agent.
(2)For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty.
(3)Nothing in this section shall enable any action—

Soemtimes people can win using this section in letters only stating that you will begin court proceedings against them and meaning it. You have to write strong letters and quote the relevant acts to your case. Often they know you have a case strong enough and their solicitors advise them to pay up.

Have you requested the SAR from Firstplus or Freedom Finance??

It is worrying in your case as you became aware of this misselling of the PPI and complained over 4 years ago and then have left it til now and that is why you may have a problem.

I complained about our settlement at the time of requesting the settlement in 2003 so this complaint was over 5 years ago. It was only about the settlement and they never told me it was cause of the PPI being a single premium that carried interest on this as well. They replied in my phone call that it was cause of the rule of 78 being used.

It was only this year that I became aware of what these Single Premiums actually were... another loan on top of your loan and actually cost you over double what the amount on the credit agreement said.

I had the same probs as you but I am going for this unfair rebate against the PPI now with the insurers... they are under the jurisidiction of the the FOS as they came under compulsory jurisdiction... Have to see on this one...


Like I told you Kaia and Marluc both won the Freedom Finance and they are the ones that you need to look back over the posts of. All there letters are on here.

marshallka

dreamer33 wrote: »

I was just thinking, on my credit agreement should it show the monthly cost of the PPI separate to the monthly payment of the loan.

Its shown as the loan amount then the PPI amount and both of them added together. Then is shows the monthly payment for them both together.

I don't even know if the PPI carries a separate monthly amount?

No, it was before 2005..Don't think this started until after 2005

marshallka

Dreamer, I will try and help you on this as much as I can but with the kids being off school its difficult to find as much time as I would like but I will help you as best I can....

Bear with me here..

marshallka

linda2604 wrote: »

Hi marshallka :A ,

They were £368.46 per month.

Linda2604

Haven't forgotton, will do it later for you... I only do this the same way as Tiggrae so don't quote me on this but she claimed for a living .... ???

marshallka

Just a note to anyone trying to claim from another company like using the Firstplus/Barclays Bank thing... and Nat West Royal bank of scotland etc....

To enable you to do this they have to be authorised agents of the companies and you can always find this information on the FSA Register...

We got it wrong on here before but this was told to me by the FOS manager when I asked the other day...about the authorised agent bit...