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PPI Reclaiming discussion Part II

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  • m.colak
    m.colak Posts: 1,087 Forumite
    When i get the court letter is it going to be one where i get to put in a counterclaim? I have done one of them before and i never heard anything again. I will do as you say and let the court know the FOS are investigating. Do you think i should put in a counterclaim though with my arguements they are:
    1 the saleman told me the insurances were the law at the point of sale when i queried y they were added
    2 I telephoned and wrote to them within 10 days of the point of sale (i have a copy of the letter sent) saying i wanted all the insurances cancelling and removing as i knew the saleman had lied to me.
    3 The car was returned after 18months as allowed in the agreement but no refunds for ppi have been applied (even though it should have been removed totally) rule 78 thing
    4 commisions were paid between parties for the sales of the insurance but none of this info appears in the credit agreement (wilson and another vs Hurstanger)
    5 The insurances were not sold in my interests, they were useless if i did require a claim as my employment at the point of sale was self employed and the other i had only been in for 5months (t+c says needs to be 12month continuous)
    What do you reckon i have various good issues i think? You have been to court will they eat me alive a little fish and all that?

    Ok the majority of the information is in defence of your case against them raising a CCJ. The counter sue has to be set up by you as a seperate case however you can use the same evidence. Personnally i think they are trying bully boy tactics now that you have told them that you have gone to the FOS and they are trying to get a judgement quick to screw you over. I would advise that you find out as soon as possible (from the company) with which court are they going to file the case with )you should get notification though). I would write a letter informing them that if they persist in this manner you will be:

    1. raising a complaint against them with the OFT in relation to their methods of resolving a dispute.
    2. Informing the FOS and appraising them with the current situation.
    3. Seeking legal advice as to financial compensation, due to the unnecessary stress that the company has put you under.

    See how they swallow that:D ps don't raise a counter case until the FOS investigation is complete else the FOS won't be able to continue an investigation when a court case has been started.
  • rosemahairy
    rosemahairy Posts: 199 Forumite
    m.colak wrote: »
    Ok the majority of the information is in defence of your case against them raising a CCJ. The counter sue has to be set up by you as a seperate case however you can use the same evidence. Personnally i think they are trying bully boy tactics now that you have told them that you have gone to the FOS and they are trying to get a judgement quick to screw you over. I would advise that you find out as soon as possible (from the company) with which court are they going to file the case with )you should get notification though). I would write a letter informing them that if they persist in this manner you will be:

    1. raising a complaint against them with the OFT in relation to their methods of resolving a dispute.
    2. Informing the FOS and appraising them with the current situation.
    3. Seeking legal advice as to financial compensation, due to the unnecessary stress that the company has put you under.

    See how they swallow that:D ps don't raise a counter case until the FOS investigation is complete else the FOS won't be able to continue an investigation when a court case has been started.


    U ur very good thanks so much il get on with all that tonight and keep everyone informed of what happens
    MY Successes = RBS PPI, RBS bank charges, Aqua PPI, Aqua cc charges, HFC PPI, Welcome Finance PPI, Blackhorse PPI Mums Ongoing= Swift Advances PPI, London Scottish PPI, Blackhorse chgs, GE money pyts missing
    :rotfl:Im Feeling fine Debt free 2009!
  • rosemahairy
    rosemahairy Posts: 199 Forumite
    m.colak wrote: »
    Ok the majority of the information is in defence of your case against them raising a CCJ. The counter sue has to be set up by you as a seperate case however you can use the same evidence. Personnally i think they are trying bully boy tactics now that you have told them that you have gone to the FOS and they are trying to get a judgement quick to screw you over. I would advise that you find out as soon as possible (from the company) with which court are they going to file the case with )you should get notification though). I would write a letter informing them that if they persist in this manner you will be:

    1. raising a complaint against them with the OFT in relation to their methods of resolving a dispute.
    2. Informing the FOS and appraising them with the current situation.
    3. Seeking legal advice as to financial compensation, due to the unnecessary stress that the company has put you under.

    See how they swallow that:D ps don't raise a counter case until the FOS investigation is complete else the FOS won't be able to continue an investigation when a court case has been started.

    Do you have any thoughts on me going to get a bit of advise from solicitors? I was thinking about popping to see them stevensons solicitors who are getting a name for kicking yes car credits butt lol. They offer a free half hour consultation thought it might be worth in the mean time taking the paperwork to them and seeing what they think. The FOS say 6-9months to resolve i wont effect the case with them will i if i just ask advise in mean time?
    MY Successes = RBS PPI, RBS bank charges, Aqua PPI, Aqua cc charges, HFC PPI, Welcome Finance PPI, Blackhorse PPI Mums Ongoing= Swift Advances PPI, London Scottish PPI, Blackhorse chgs, GE money pyts missing
    :rotfl:Im Feeling fine Debt free 2009!
  • bb23
    bb23 Posts: 91 Forumite
    m.colak wrote: »
    There is no exact address you have two choices you can either address it too the main office of HSBC or directly mail it too the customer relations department either way they will then pass it on to the correct department and log it is as a complaint.

    The Manager, Service Quality Team, HSBC Bank plc, Arlington Business Centre, Millshaw Park Lane, Leeds, LS11 0PP.

    thank you

    can you read my letter and let me know if its a strong claim. I personally feel it is, especially as my statement shows it all very clearly in black and white the amounts going in then the lump sum being taken straight back out
    i purchased an 10k loan but they put 12k in and took 2k out all on the same day

    I purchased Payment Protection for a loan from you in August 2003 but now believe that I was mis-sold this policy for the following:

    This is due to the fact that I was not given the correct information when the policy was sold to me, as your salesperson implied that taking out the policy would assist my credit application.

    I was in a lot of debt problems and I remember your salesperson was very pushy in selling me the policy so that I felt I could not say no, they also did not tell me that the policy was optional.


    Unless you can satisfactorily justify to me that the policy was fair and reasonable I am requesting a full refund of all premiums. I can see by my old statements the total ‘Loan Protection’ is £2268.27 that was taken as a lump sum at the start of the loan. As I believe I have been deprived of this money I also expect 8% statutory interest which brings the total PPI cover plus interest to the amount of £2449.72. I have attached a print out of the statement from September 2003.

    I look forward to a full and prompt response to this letter and for the matter to be concluded within eight weeks or I shall be contacting the Financial Ombudsman to investigate my complaint.
    Debt at start (Aug 2003): £13,500 >>Debt Now (Aug 2013): £3,104
    HSBC charges WON (april 07): £1,103.00
    HSBC PPI WON!!! (July 08): £1,166.00
    HFC PPI WON!!! (August 08) £2,100
  • m.colak
    m.colak Posts: 1,087 Forumite
    bb23 wrote: »
    thank you

    can you read my letter and let me know if its a strong claim. I personally feel it is, especially as my statement shows it all very clearly in black and white the amounts going in then the lump sum being taken straight back out
    i purchased an 10k loan but they put 12k in and took 2k out all on the same day

    I purchased Payment Protection for a loan from you in August 2003 but now believe that I was mis-sold this policy for the following:

    This is due to the fact that I was not given the correct information when the policy was sold to me, as your salesperson implied that taking out the policy would assist my credit application.

    I was in a lot of debt problems and I remember your salesperson was very pushy in selling me the policy so that I felt I could not say no, they also did not tell me that the policy was optional.


    Unless you can satisfactorily justify to me that the policy was fair and reasonable I am requesting a full refund of all premiums. I can see by my old statements the total ‘Loan Protection’ is £2268.27 that was taken as a lump sum at the start of the loan. As I believe I have been deprived of this money I also expect 8% statutory interest which brings the total PPI cover plus interest to the amount of £2449.72. I have attached a print out of the statement from September 2003.

    I look forward to a full and prompt response to this letter and for the matter to be concluded within eight weeks or I shall be contacting the Financial Ombudsman to investigate my complaint.

    It looks good mate can't really say much more than keep us posted really.
  • joeandy
    joeandy Posts: 83 Forumite
    m.colak wrote: »
    was it requesting the SAR or was it just the PPI reclaim letter? On what grounds are you claiming mis selling?
    claiming on the grounds that he is self employed. sent the letter stating this and asked for a full refund unless they can prove the policy is of use to him in these cicumstances. he never spoke to anyone at the time of taking out the policy so how would he know if he was covered or not. thanx again
  • m.colak
    m.colak Posts: 1,087 Forumite
    joeandy wrote: »
    claiming on the grounds that he is self employed. sent the letter stating this and asked for a full refund unless they can prove the policy is of use to him in these cicumstances. he never spoke to anyone at the time of taking out the policy so how would he know if he was covered or not. thanx again

    Ok i have to ask the question was he covered for being self employed as there are occasionally policies which would have covered him. If you have the terms and conditions what prove otherwise then great. I would try and get a copy of the online application form where it asks if he is self employed or not and then you have evidence that your needs were definantly not looked after.
  • mlucyminx
    mlucyminx Posts: 201 Forumite
    hi there,
    Im begging some advice if anyone can help.

    I am trying to claim ppi from blemain finance. they have sent me the usual final response saying they didnt mis sell. they have said that because i payed the loan up early I can cancel the policy and may be entitled to a rebate.

    The premium was sold on a single premium basis and was to run for 3 years of a 10 year loan. I took the loan out in August 2006 and paid it up in august 2007.

    My question is this.
    If i cancel the policy and get a rebate can i still go to FOS to claim back for mis selling. and also, if the loan is paid up how can there still be a policy?

    Sorry if i sound a bit dim but i really dont understand this
  • marshallka
    marshallka Posts: 14,585 Forumite
    m colak, just rang the FOS about my second claim and they say at least for now that it is in their jurisdiction (although they have not looked at it yet). They say that ppi and banking are two separate issues with them and my second complaint is about banking. I have asked if they can at least let me know one way or another asap whether they can help as i will have to get help elsewhere (although i feel that i should not have to). They are just awaiting my letter i posted yesterday and then the case will be looked at in the next couple of weeks (not resolved of course) but at least they have listened to me. I feel a bit better now:o
  • joeandy
    joeandy Posts: 83 Forumite
    m.colak wrote: »
    Ok i have to ask the question was he covered for being self employed as there are occasionally policies which would have covered him. If you have the terms and conditions what prove otherwise then great. I would try and get a copy of the online application form where it asks if he is self employed or not and then you have evidence that your needs were definantly not looked after.
    would i get a copy of this by writing to the bank. i have the booklet with a quick guide to the insurance it states you must either be employed,retired or meet the non-employed person(actively choosing not to work) criteria. doesnt mention anything about self employment
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