PPI Reclaiming discussion Part II

marshallka

tiggrae wrote: »

I don't think I've explained it well - the FS&M Act 2000 was brought in in an attempt to stop frauds happening in the first place by having a regulator or watchdog in place - a fraud is still a fraud either before or after the Act - for example the Maxwell brothers were imprisoned for fraud during the 1990's as were Directors of the Guiness Corporation for insider dealing - financial companies have been 'allowed to get away with it' because no one was looking over their shoulder and people believed they wouldn't be cheated - as a population we're becoming slowly more sevvy and less trusting -

You can write almost anything into a contract, then say well you signed it !! Hence the Unfair Consumer Contract Terms Regulations 1999 - it always pays to read the small print - it's a Contract, but most people have never been bothered - that's why they've been cheated !!!

what protection would i have had before the markets act as mine was jan 2000 and this did not come out until later that year.

sparky0107

Hi everyone,
Can you good people point me in the direction of a letter accepting refund as part payment, without prejudice, as I want to continue claiming back the rest of the money.

Thanks in advance

tiggrae

marshallka wrote: »

what protection would i have had before the markets act as mine was jan 2000 and this did not come out until later that year.

either breach of the Unfair Consumer Contract Terms Regulations 1999 or the Consumer Credit Act 1974, or Misrepresentation Act 1967 - you've always had the protection - but you only have the option to take your claim to the courts rather then to the FOS - and in a court of law you have to get everything legally correct or your claim can be thrown out on a technicality - that's the big difference

sarahc5388

sparky0107 wrote: »

Hi everyone,
Can you good people point me in the direction of a letter accepting refund as part payment, without prejudice, as I want to continue claiming back the rest of the money.

Thanks in advance

Have they sent you a letter offering you a refund?

tiggrae

sparky0107 wrote: »

Hi everyone,
Can you good people point me in the direction of a letter accepting refund as part payment, without prejudice, as I want to continue claiming back the rest of the money.

Thanks in advance

try this


WITHOUT PREJUDICE

PRIVATE & CONFIDENTIAL
Our Ref:

Your Ref:

Their Address



11 June 2008

Dear Sirs,

Re.: Account Ref. No.

With regard to the above referenced case number and in respect to your letter dated ?? ?? 2008, and the offer made therein; at this point in time I am willing to accept a part payment against my claim, however, I wish to make it clear, I reserve the right to continue my claim against you for the full amount of £???, plus interest.


Kind regards

Yours faithfully

marshallka

tiggrae wrote: »

either breach of the Unfair Consumer Contract Terms Regulations 1999 or the Consumer Credit Act 1974, or Misrepresentation Act 1967 - you've always had the protection - but you only have the option to take your claim to the courts rather then to the FOS - and in a court of law you have to get everything legally correct or your claim can be thrown out on a technicality - that's the big difference

I have today received a letter from the FOS saying my case is going before an adjuicator. (although the loan was taken out january 2000 and ended april 2003 but its about unfair rebate and rule 78). Does that mean they will look at it now. Surely they would not allocate an adjudicator otherwise.

Also about the commission thing. Should we have been told about this commission of £850 paid to the broker for the loan (not the ppi by the look of it).

If there has been no disclosure- the agent will have received a secret commission. This is a blatant breach of his fiduciary duty but additionally the payment or receipt of a secret commission is considered to be a form of bribe”

pamril1

Back in 2003 my OH bought a car and the very pushy salesman told him he had to take out ppi. The finance itself was through black horse.
In 2004 my OH fell out of work and the ppi covered a few months payments 3 at most. Anyway unable to keep up payments and black horse not accepting lower payments he defaulted, the car (which was broke beyond repair just out of warranty so had not been used for ages!) was repossessed and there ensued much legal action and us deeper in debt after having to remortgage to cover everything.
Although we don't have the paperwork with the original cca etc I am thinking about requesting this and also a SAR to look into the possibility of reclaiming the ppi as I remember it was added as a lump sum at the beginning of the agreement. But as he had payments made for 3 months through the ppi where do we stand?

sparky0107

sarahc5388 wrote: »

Have they sent you a letter offering you a refund?

Hi sarahc5388,
It's a different reclaim, for my brother, hes had a partial refund on card PPI, but would like to carry on for the full amount

chrisrawl

Hello to all from a newbie, first post of many I hope on my quest to helping my girlfriend out of her debt problems.


A question to all you good people... I am about to start in an attempt to reclaim PPI for a LTSB loan. The problem we have is that my girlfriend stopped meeting the monthly repayments and the loan sum is now being collected by a debt collection company.

Can I legitimately claim the PPI back from LTSB even though they no longer have the debt, so to speak. They cut short the loan as I understand because my girlfriend was failing to make repayments and passed a lump sum on to a debt collection company.


Has anyone encountered this situation?

Thanks in advance.

cornflakegirl

Ok I am scaredas i have been knocked back by Yorkshire Bank. I believ i was missold PPI back in 2003, totalling about 2 grand.They have said they are not taking it any further due to the fact that i signed the paperwork etc..and that basically its my fault. I am now takig it to the FOS and am worried as i havent seen many cases go this far. Can anyone help or advise me please?? Thanks

( sorry posted in other section but it was the wrong one)