PPI Reclaiming discussion Part II

di3004

mlucyminx wrote: »

hi people,

Havent been on for a few days.

hope you are all well.

Di did you manage to get things sorted with your son at school? Hope so.

Can I do some brain picking please?

We have sent letter to nemo asking for a sar. Sent it on wednesday got reply on friday.

Have asked for sar regarding one party although had joint account on something. they have sent letter back asking if we just want info on the one person. If want info on joint people need written request from other party. At this stage we are just interested in what might be claimable as b/f thinks he may not have had ppi with this loan ( I said thats the point of finding out. you dont often realise you have it). If he requests just his info will they send details of joint loan but just not other party's details? We realise that to persue any claim we will probably need other party's consent

Any advice appreciated.

Hi there and thanks for asking about my son, , he is more settled now its the school hols, and we will be meeting up with the school head, special needs staff and the ed physc on the week the schools go back to see what can be done to resolve these issues.;)

Hun now with Nemo, we had a SAR from them and they done this for both of us as a couple which still cost £10.
I know with many finance firms they expect you to pay £10 per each SAR, but I would make sure with Nemo, just as long as there are 2 signatures on the request.


Editing back in:
Just re-read your post, they had done the same here hun, its stalling tactic, because first of all I had only done a request for hubby, they then wrote back and asked if we would like to add me also is to also sign that letter where they will provide the info for 2 of us for the price of £10.

Don't be surprised if they rang you to ask if they could have their own courier to deliver this for you, it will be more of less the latest day possible, (hopefully, yours will arrive sooner), and its their sales staff that actually deliver them !!!
Hope this helps. xx

maxdp

di3004 wrote: »

brought this here on behalf of a member.;)

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Lloyds TSB loan query
This is my first post so i hope it is in the right place.
My husband took out a loan in August 2003 from Lloyds TSB for £7,838.81 with PPI of £2,076.82 to be paid over 60 months at £254.05 per month. The loan also included £4,327 interest. In November 2004 we found ourselves in financial difficulties so we went to CCCS who arranged a payment plan with Lloyds TSB. We had already paid £3,810.75 in full payments and from December 2004 to November 2006 we paid through CCCS a total of £3,496.89.
We then moved to Pay plan and from December 2006 to now we have paid £6,038.04 a full total of £14,345.68. We received a statement from lloyds TSB stating that we still owed £2,633.99 when we say only £897.32 is left owing.
I sent a complaint letter via the manageress in our local branch (who also agrees with what we owe) and received a reply on Saturday 25 October saying that they will accept £2,249.30 as a settlement figure. Does anyone think that this extra interest is excessive for a total of 3 months over our 60 month term?
From December 2006 to July 2007 8 months payments were paid to Lloyds TSB by Payplan to account details given by Lloyds TSB but the payments were never taken from the loan. I went to my local branch and the manageress took 3 months to trace and payback to the loan £1,443.21 which had been kept in a pending account by Lloyds TSB. We have incurred charges for 'non payment' for this period as well as further interest added again for these 'non payments'.
My husband is now nearly 70 and i am in my early 60's and wanting to retire in the near future.
I want this to be settled before i retire and this is the only thing that is stopping both myself and my husband being debt free. I have tried for over a year to sort this out with Lloyds TSB but they will not listen to what i have to say. I am also trying to claim back the PPI on this loan but they have so far refused to pay this back aswell.
Has anybody got any advice for me....can anyone help??
Many thanks in advance.

Lloyds front load their PPI and interest and I think that in itself is enough for you to make a claim

I am also posting another point which I have found most successful with other PPI claims you may be able to use.

I do not know about CCCS and if you can then claim back PPI so am sure somebody can help.

Anyway this letter with your other comments may help:D
I bring to your attention that I believe the Payment Protection within my account to be voidable under common law.

Your company acted as my agent while placing the insurance business with the insurance provider. You will have received an income from placing this business. The amount of this payment to your company was not disclosed to me.

I bring to your attention that non –disclosure of commission is contrary to common law and I bring to your attention the case of Hurstanger v Wilson in the court of appeal and direct you to section 39 of that ruling, in which it states quite clearly that should a secret commission be paid this is a special sort of fraud and bribery.

In such a circumstance the arrangement would become voidable. I would therefore advise you that I am now in dispute with you regarding this matter and request that you look into this issue as a matter of urgency.

The solution to this situation is to return all payments made on the insurance plus any commission paid to yourselves plus interest.

Your response by return of post is requested. I note that you say that no further correspondence will be entered into unless instructed to by the Financial Ombudsman but in view of the above I am keeping you informed and am today sending this case to the Financial Ombudsman.


I hope this may help in some way. It has for me:D

redrosegirlie

marshallka wrote: »

If you redeem a loan early then you usually have two months interest to pay so look at that as 3 months repayments of 349.83 and take that off leaving 20950.51 and then add two months interest of about £157 per month so £314 and then usually fees for cancelling of around £150.00 so that being about £21415.51 so looks like the fees were more for this than £150... or the interest less and the fees even more...

Thanks marshallka for replying,

There are no cancellation fees.

We have paid £1,049.49 so far leaving £21,443.53 as a settlement figure plus the 28 days interest as a penalty which the RBS are saying come to £21,809.47

This means that 28 days interest is £365.94 which I worked out to be too much. You sort of answered my question by agreeing with me that it should be nearer to £157

I hope this is clear

maxdp

marshallka wrote: »

Maxdp, still not got the email..

Sent twice more plus separate e mail:D

di3004

Marshallka
Have sent ya a short pm hun.......:D

marshallka

Got them now... thanks maxdp. Will have a proper read tomorrow. Had a quick look and looks very interesting..:D

marshallka

maxdp wrote: »

Lloyds front load their PPI and interest and I think that in itself is enough for you to make a claim

I am also posting another point which I have found most successful with other PPI claims you may be able to use.

I do not know about CCCS and if you can then claim back PPI so am sure somebody can help.

Anyway this letter with your other comments may help:D
I bring to your attention that I believe the Payment Protection within my account to be voidable under common law.

Your company acted as my agent while placing the insurance business with the insurance provider. You will have received an income from placing this business. The amount of this payment to your company was not disclosed to me.

I bring to your attention that non –disclosure of commission is contrary to common law and I bring to your attention the case of Hurstanger v Wilson in the court of appeal and direct you to section 39 of that ruling, in which it states quite clearly that should a secret commission be paid this is a special sort of fraud and bribery.

In such a circumstance the arrangement would become voidable. I would therefore advise you that I am now in dispute with you regarding this matter and request that you look into this issue as a matter of urgency.

The solution to this situation is to return all payments made on the insurance plus any commission paid to yourselves plus interest.

Your response by return of post is requested. I note that you say that no further correspondence will be entered into unless instructed to by the Financial Ombudsman but in view of the above I am keeping you informed and am today sending this case to the Financial Ombudsman.


I hope this may help in some way. It has for me:D

maxdp, can I send this to Firstplus or is it the broker you send this to. Tron_ess said the commission was equal liability...

Going to try to find the post again..

Wilson v Hurstanger


A broker negotiating a loan was paid a fee by his consumer clients and a commission from the lender. Although the clients were told about the commission, the broker had breached his fiduciary duty because he did not disclose the actual amount. The lender was held liable to the borrowers as accessory to the broker's breach


Re Hurtanger/Commission - all firms are playing this one close to their chests. They know this unlikely to be under FOS jurisdiction, so they'll almost ignore this unless the complaint is specific on this.
They still have to comply with FSA DISP rules so even if they FOB you off they should still address the issue raised in the complaint - so i'd consider going back on this point alone.
This issue has joint liability! If commission wasn't disclosed by either broker or lender then they are jointly liable to re-imburse you the value of that commission. Problem of course is that this is slightly more legally technically, and considering some firms exposure you may find they'll fight this one all the way.

dreamer33

Right my head is killing and my eyes are sleepy but I have been looking through the SAR given by Freedom Finance, trying to see if I can make up my own case and present it to a solicitor for their thoughts.

I cannot let this go Freedom Finance cannot get away with what they have done.

One thing I asked for ages ago was a copy of all my telephone calls made from Telewest (then) am having to write another letter as need more reports.

I wondered if anyone could answer this question?

Bearing in mind that my credit agreement is unregulated, does the broker still have to give me a certain length of time and not call us before signing the app form?

I often wonder why also the broker who sold us the ppi is no longer working at freedom?(you don't have to answer this bit lol)

marshallka

dreamer33 wrote: »

Right my head is killing and my eyes are sleepy but I have been looking through the SAR given by Freedom Finance, trying to see if I can make up my own case and present it to a solicitor for their thoughts.

I cannot let this go Freedom Finance cannot get away with what they have done.

One thing I asked for ages ago was a copy of all my telephone calls made from Telewest (then) am having to write another letter as need more reports.

I wondered if anyone could answer this question?

Bearing in mind that my credit agreement is unregulated, does the broker still have to give me a certain length of time and not call us before signing the app form?

I often wonder why also the broker who sold us the ppi is no longer working at freedom?(you don't have to answer this bit lol)

Freedom will always tell you the broker no longer works there and yes, they have to still give a 7 day period of no contact. I did not get one either...

Take a rest from this tonight dreamer and come back tomorrow. It is damn stressing. It will eat you up....

maxdp

marshallka wrote: »

Got them now... thanks maxdp. Will have a proper read tomorrow. Had a quick look and looks very interesting..:D

You probably got three now so sorry. If it helps in any way then I am pleased lots of different stuff there but is obviously looking at things from different angle. If it helps then I am pleased:D