PPI Reclaiming discussion Part II

angelwillow

They will never admit to any wrongdoing tho...........they seem to think they are above that........

Laini

k80hav wrote: »

I've been avidly viewing over the past few weeks after looking at the PPI reclaim article and this is my first post so here goes.

I too have a Firstplus loan for £30k with the PPI cover costing £7,437, I had no idea that this only covered me for 5 years and that we would pay over £14k for this insurance over the life of the loan.

I claimed misselling from Firstplus but they will take no responsibility as the loan and the insurance was sold to me by Personal Loan Express.
Firstplus claimed to have forwarded my complaint to PLE but after no response for 6 weeks, I wrote directly to PLE and had a reply after 2 days from the Adminstrators of PLE (they went into adminstration in April 2008).

Now I am stuck - our loan agreement says Firstplus (with PPI box preticked) and the insurance document says Firstplus and is underwritten by Barclays Dublin.
I am tempted to go to the FOS but I am not sure whether they deal with companies in administration. PLE's website and telephone number still operates.
Would be really grateful for anybodies take on what to do next.

Contgratulations to all who have been successful and good luck to those still fighting.

this has just been posted on another site I thought this might interest you.
http://www.fscs.org.uk/

The above are a regulator who will cover for compensation from various firms if the firms cannot meet these needs, it could be that the company are no longer running, or dissolved etc.
By using these you do normally have to go through the normal channels first, you can also check on the site if that firm is one of those not running anymore, then if the company cannot help, it is recommended if liquidised to try to redress through the liquidators and so on, if these cannot help then the FSCS will try to help to compensate you.
Worth checking through.
This will also depend if the FOS (financial ombudsman will help) to

Laini xx:j

MWH1

grizzlycat wrote: »

Hello,

Hoping some of you lovely people will be able to provide some advice regarding my LPI situation.

I took out a £10,000 loan with Lloyds TSB last year via telephone. During stages I was asked whether I wished to take out a PPI policy, I declined.

I was then told that they could only offer the loan if I took out LPI as I had "insufficient insurance protection" to meet payments. I do not have life insurance nor any other form of illness insurance, etc. I've been baking with Lloyd's for over 10 years, and had a smaller loan (£5,000) with them prior to this agreement - repayments were met every month over a 3 year period.

I am self employed alltough the policy seems to state that I would be eligible for the same cover as an employed person. However, it's the way in which the loan and LPI policy were sold as an "all or nothing" - that the LPI was mandatory given my circumstances.

I have downloaded the relevant template letter but wanted to check whether a lender has the right to to demand a LPI on a loan they are offering if there is no life, health insurance, etc in place?

Any advice would be greatly appreciated!

Cheers
Mark

If they do not respond positively to your letter, it seems you'll need to get hold of the recorded conversations you had when making your application. You will be able to find a fantastic SAR (subject access request) letter created by Laini on page 21 of this thread. Send this off with a cheque for £10.00 which they are entitled to charge and post by recorded delivery. They do have 40 days to respond to these requests. If it's worth it to you and you're not going to miss £10 I suggest getting the ball rolling now.

MWH1

Horace wrote: »

Sort of pleased sort of not.

I wrote to Amex a little while ago about the RPI that I have had to pay since I took out the card in 2003. Their insurance people have written to me today to tell me that they just applied the policy to my card as it was considered to be part of the card and advised me that I had had 28 days to cancel it and I didn't - I remember being given 28 days to cancel the card but I needed it at the time so didnt cancel it - no mention was made of the RPI which I was unaware of at the time.

Stupidly, I did try and see if I could reclaim some of it when I was made redundant last year, however, although I wrote to them and they sent me a form I never bothered with it and so never made the claim.

They are now saying that they will not give me a refund but they have cancelled the policy so I don't need to keep paying out for it, They were also keen for me to approach the Financial Ombudsman - which I will do, because I think it is extremely unfair that not only was it applied to my card in the first place but the fact that they refuse to refund me even part of the money that I have paid.:mad:

Be very wary of Amex because they don't keep records, they have been able to tell me that I took my card out in 2003 and admitted to me that they do not keep records longer than 4 years.

Question, do you think it worth me taking the case to the Financial Ombudsman despite asking for information about claiming and not following through with the claim?

Advice would be gratefully received.

Hi Horace. Sounds like Amex are going to make a nuisance of themselves. You say they have stated in writing that they just added PPI to your card. i think there are a few regulatory bodies that would be interested to hear about that! You made a tentative enquiry about reclaiming, but because you haven't gone through with it, your request to reclaim all PPI is still valid. If you haven't already, send off the second template letter on this site explaining that you are dissatisfied - get them to give you their full and final response. Also, I'm sure it is law that company's have to retain records for 6 years (not 4!). If you draw a blank with them after that, it's time to go to the FOS.

YEOSAL

YEOSAL wrote: »

Hi all
Just returned from two weeks away and trying to catch up with reading the posts. Gonna take some time by the look of it!!

I have recevied a court date for LLoyds TSB for 26th June so now panicking as I did not think it would be so soon. Got to get my documents together and sent off by next Wednesday.

If possible, some advice would be welcome on my list of documents below.
Copy of loan agreement and terms and conditions
All letters of correspondence with LLoyds TSB
Copy of Misrepresentation Act 1967
Banking code of conduct (applicable in 2000)
Limitation Act 1980 (one case I found Vincent Cunningham v Friends Provident - relates to an endowment case, but I thought it might be useful)
Quote for alternative PPI cover (to be obtained online)
OFT - 8th Dec 2005 - Super complaint for PPI Selling
Copies of my tax return (to show continuous income)?
Doctors letter confirming date of broken leg and hernia op (this to show that I could have claimed if I knew about policy)

Any comments or recommendations would be great. If anyone has any court cases that I could quote would be great!

Lombard Direct now put in defence, but I may apply for a stay or cancel it as have made big mistake I think. Got a few days in which to sort that out so had better get one thing done at a time.

I am wondering how come a large number of people got success with reclaiming so easily, sometimes with only one letter. I am feeling really pessimistic about this now.

Sally

Please, please, please - any help???

On another note, has anyone got a calculator like Martins? I need a date that goes back to May 1998.

Ta x

m.colak

YEOSAL wrote: »

Please, please, please - any help???

On another note, has anyone got a calculator like Martins? I need a date that goes back to May 1998.

Ta x

Whats wrong yeosal it looks like you have got all the information you just need to make sure that you reference it properly when it comes to the court trial. I suggest you consult what your points for raise the case and then start organising the information (or highlighting the specific parts) which pertain to your case as for a calculator? What are you trying to calculate?

YEOSAL

m.colak wrote: »

Whats wrong yeosal it looks like you have got all the information you just need to make sure that you reference it properly when it comes to the court trial. I suggest you consult what your points for raise the case and then start organising the information (or highlighting the specific parts) which pertain to your case as for a calculator? What are you trying to calculate?

Thanks for replying. I am just panicking and dont want to lose. I would rather get everything totally sewn up. Should I put in the complete text of the Acts, or just an extract? Are you saying I should highlight the points of each document that I will be refering to? Found ABI code of practice which I am going to chuck in too. Am worried I am putting too much in and going to get a real grumpy judge.

I sent a request under CPR18 for ppi training and bonuses etc, same as MARLUC, but the date in which they have to provide the information by is a few days after when I have to submit documents so unsure whether I need to speak to the court about including them after the deadline.

YEOSAL

m.colak wrote: »

Whats wrong yeosal it looks like you have got all the information you just need to make sure that you reference it properly when it comes to the court trial. I suggest you consult what your points for raise the case and then start organising the information (or highlighting the specific parts) which pertain to your case as for a calculator? What are you trying to calculate?

Calculator is for Lombard Direct. Their defence is in and they say my calculations are incorrect. Not sure if it is the fact that Martins calculator did not go far enough back so I had to put in a few months worth of payments at the earliest date on the calculator.

May have to drop case as have been foolish as over 5k before Section 69 interest.:eek: There are some puzzling items in their defence too, basically saying I have to prove their misrepresentation as they cannot admit or deny what was discussed on the phone.

Kaia_2

marluc wrote: »

:j Hi, really pleased about your dad and the offer from FF. Well done
The solicitors were certainly busy on Friday. He offered me £2000 and then had to ring FF to see if they would up their offer. When he rang back literally, 10 mins later he said that there is a strong possibility of me losing and to save Freedom Finance incurring any more costs, with getting witness statements???? they were offering me 70% of my claim as that is what most court claims award, according to the solicitor? Is that true? I was under the impression that if you won, you received the full amount and court costs plus interest at 8%?
Anyway, the new offer from Freedom Finance is £3200 which he was desperate for me to accept. I said I would think about it.
However, Monday 9th June is the deadline for both parties to give to the court the evidence etc that they will be relying on in Court. The court date is July 1st. So I am going to wait till 9th June to see what comes through the post from the solicitors.
With me it is a matter of principal, that these companies are getting away with ripping people off.
I hope I don't lose, otherwise I'll have to take out another loan to pay the costs! he! He!:rotfl:
We'll see what happens.

Thanks for your message x
Well, they certainly were busy on Friday werent they:D , Marluc, I told them I wanted to be put back into the position I would be in if I hadnt been made to take out the PPI and that I wouldnt settle for anything less.
We only want whats fair, and that is not to be left out of pocket.

Remind me again what was the total amount of your claim ,I seem to recall off hand that it was just under the 5k, was it?

I am so pleased you are getting a response as well, I just wish Marshallka could get a result from Freedom as well.
Let me know what happens on Monday and I will do the same, meant to have a call mid- morning .

Kaia_2

m.colak wrote: »

Tell them that you will accept the offer on the table under the condition that the remaining balance is settled against the account. Then you win on both counts (ie the amount is under the £5k small claims and you get a nice big cheque and you get money off your loan). Then state that you want this confirmed by email and the paperwork sent immediately for you to sign. No stalling.

My loan is still active, there is a balance still of 15K, I dont understand what you mean, they wont pay this off for me....I wish !