PPI Reclaiming discussion Part II

sarahc5388

sarahc5388 wrote: »

Update - got a reply back today (how fast was that - we only sent it on Sat and their reply was dated yesterday!) they are stating that as we have provided no further evidence? can they not read as I said previously - sent another copy of martins 2nd letter on Sat morning adding to it that the salesperson stated that because he had PPI on the 1st loan and that he was renewing it, he had to have it on the new one, how can they investigate this so quickly - suggestions on next step please - haven't actually got a SAR for this one, do I request one or should I just escalate and ask them to look into it again?

Sent the letter on Sat 7 Jun, they have sent a reply dated Mon 9 Jun 08 - Post office track and trace says my letter to them was delivered on tue 10 jun 08 - how can they reply before they got the letter?

I have included this in the next letter:

References:

A. Your xxxxxx dated 9 Jun 08.
B. My letter to you dated 7 Jun 08.

Thank you for your very very swift response at Reference A, to my letter (Reference B, copy enclosed)) which you received on Tue 10 Jun 08. I would like to reiterate the following:

Should I cut and paste the post office page showing when it was delivered?

RavenRae

I've just pulled out my loan agreement with MBNA and it does not have Insurance Advance (PPI) on it, but I have been charged for "total credit charge for the loan". I'm assuming I can not claim against this?

shazz

hi everyone,

i am after a little bit of advice regarding ppi on a loan.

My husband is currently thinking of settling a loan that we have with northern rock now they have given us a settlement figure but what we want to know is can we reclaim some of the ppi seeing as we are going to settle the outstanding balance of the loan.

The ppi amount we pay monthly is £34.80 and we have paid 24 payments with 36 payments left.


thanks in advance.

shazz

MWH1

MclarenGurl wrote: »

I've just pulled out my loan agreement with MBNA and it does not have Insurance Advance (PPI) on it, but I have been charged for "total credit charge for the loan". I'm assuming I can not claim against this?

This appears to be the interest you have been charged for borrowing. Have a double check, but I think if PPI had been applied to the loan you would have another box (like on my credit agreement) which says "Total charge for credit for insurance loan £x"

MWH1

sarahc5388 wrote: »

Where can i get a SAR - looked at post 219 but nothing there

Hi Sarah. I found Laini's SAR on page 21 of this thread - it is extremely thorough. Apologies if you have got this sorted already.

RavenRae

MWH1 wrote: »

This appears to be the interest you have been charged for borrowing. Have a double check, but I think if PPI had been applied to the loan you would have another box (like on my credit agreement) which says "Total charge for credit for insurance loan £x"

Thank you so much, you've confirmed what I thought :beer:

sarahc5388

shazz wrote: »

hi everyone,

i am after a little bit of advice regarding ppi on a loan.

My husband is currently thinking of settling a loan that we have with northern rock now they have given us a settlement figure but what we want to know is can we reclaim some of the ppi seeing as we are going to settle the outstanding balance of the loan.

The ppi amount we pay monthly is £34.80 and we have paid 24 payments with 36 payments left.


thanks in advance.

shazz

were you mis-sold the PPI in the first place - if so you should go for it all! If not - they SHOULD offer you a rebate - but you will need them to give you a breakdown of what you are actually repaying - you can ask them this when you ask for the settlement figure, actually ask them how much PPI they will be refunding. If you don't mind me asking - how much was the loan for and how much was the PPI - it should state all this on your agreement

sarahc5388

cornflakegirl wrote: »

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)

Have you sent them a 2nd letter yet?

marluc

Hi everyone.:beer:
Sorry I didn't reply yesterday, but had a very, very, very long day.
To keep you all up to date, I still have not had the documentation form the solicitiors acting on behalf of Freedom Finance. In the meantime I contacted the court where the case is to be heard, by email, as I got home "out of hours" and again today. However, I did receive an automated email from the court, to say that the email had been received. I have kept a copy of this ( paranoid or what)?
However, today, I received an email from the solicitors asking me for a breakdown of my figures, as submitted to the court on June 9th, which is more than in my original claim. Since then though I have had court costs.
This is my reply. Don't know whether it helps anyone, but I fully intend to go to court if needs be.
Dear Mr Kennedy
I refer to my email of 10/06/08 and your email of 11/06/08 where you request a breakdown of my claim of £4314.01.
You will have received by now all my documentation, which I had to also submit to Birkenhead County Court. If you care to study the page showing PPI application form – we requested a loan for £15000 – the total loan was for £19140 –that in itself is a surplus of £4140 which I should not have paid as I did not need the PPI – I was mis sold the PPI. I have also incurred the following court costs: of £100 to file a claim, £35 to complete the allocation questionnaire and £300 to proceed to a court hearing making a total of £435 payable to the Court. In theory, I have had to pay a total of £4575 needlessly. This is without the statutory 8% interest that a court would award, if I was to succeed in my case.
Consequently I am now requesting a refund of £4575 which I will be submitting to Birkenhead County Court tomorrow as the total amount that I am seeking to reclaim from Freedom Finance.
In the meantime, I request the full documentation that Freedom Finance is to use in the Court case on July 1st 2008. This is further to the request that I made on June 10th to you at Walker Morris Solicitors – acting on behalf of Freedom Finance.
You may also wish to read the Competition Commission’s Report of June 5th 2008 which stated that lenders faced little or no competition when selling PPI. I will also be submitting this document to Birkenhead County Court in my claim.
As your firm of solicitors has yet to provide documentation to Birkenhead County Court, I am able to do this.
As stated in my email of 10/06/08, I wish to be in a position of where I was previously, when acquiring a loan for £15000 without the added PPI, which I could have purchased elsewhere for a fraction of the cost, had I needed it, which I didn’t and the further costs incurred by me as a result of your client’s refusal to repay the PPI.
Yours faithfully,

marluc

cornflakegirl wrote: »

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)

Hi Cornflake girl.
Please read an earlier post of mine - where I said that " A company is negligent in line with Misrepresentation Act 1967 s2(1) as breached Cosumer Credit Act 1974. " A clause in the contract which states that a signature indicates full acceptance is not valid where it would be unlikely that the customer would have the skill and inclination to go through the fine detail" See the case of Howard Maine v A Ogden 1975.
I appreciate that I do not know the background to your case, but this may help.