PPI Reclaiming discussion Part II

marluc

murphy1212 wrote: »

Hi Marshallka

Got a call this morning from FP ref my 'missing phone calls'. The guy basically said that he had traced a further 2 conversations which were not on the cd, just as i thought, and suprise suprise, he confirmed that on both calls i stated that i did not require ppi. He said he has escalated my claim to senior mangement as he fully accepts a my case, ie misold.
He confirmed that an offer would be issued in 7-10 days including intrest, and that he will also phone me with an update accordingly.
I shall report back with more when i have the offer

Hi well done.
I hope that you are successful. Well done!!!!:beer:

marluc

Laini wrote: »

sent letter by email to FP last night just got an email at 4pm to say they were looking into it and would respond to it before end of june.:wall::wall::wall::wall:
STILL NO POST FROM THEM!!:mad::mad::mad:

Hi Laini
Don't give up hope.!!!!!!
You can quote lots of stuff at them just read some previous posts on here. There are lots of very helpful and knowledgeable people on this forum. I know it's hard, but keep in there.
Lots of luck

tiggrae

pamril1 wrote: »

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?

Hi unfortunately, as you were paid out on the PPI you cannot claim for a mis sold policy.

tiggrae

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 there, don't be worried, YB have paid up on going to the FOS

tiggrae

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

you have to request a settlement figure from them - this will include the amount of rebate against the PPI - you'll then have to decide whether you believe it to be fair or not.

tiggrae

marluc wrote: »

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,

did you serve this letter on them and really you should have put that you are requesting this information under Civil Procedure Rule 18 - Request for Further Information and end the letter yours sincerely as it's addressed to a specific individual - small point but it all goes to how seriously a professional firm of solicitors will take you !!!

tiggrae

marluc wrote: »

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.

Hi Marluc, could you explain the following - is there some wording missed out?

" A company is negligent in line with Misrepresentation Act 1967 s2(1) as breached Cosumer Credit Act 1974. "

shazz

tiggrae wrote: »

you have to request a settlement figure from them - this will include the amount of rebate against the PPI - you'll then have to decide whether you believe it to be fair or not.

Have only just been told a letter arrived this morning

The amount outstanding is £7698.96
insurance rebate is £592.02
interest rebate is £704.77

is that a fair rebate as the total amount of loan protection was £2,088.00.

thanks

sarahc5388

shazz wrote: »

Have only just been told a letter arrived this morning

The amount outstanding is £7698.96
insurance rebate is £592.02
interest rebate is £704.77

is that a fair rebate as the total amount of loan protection was £2,088.00.

thanks

24 x 34.80 = 835.20 - what you have paid
36 x 34.80 = 1252.80 - what you would pay for next 36 months

rebate of 592.02 - where's the rest??? does that seem fair to you?? add the 2 totals together and see what you get!

littleoldme_2

hi wondering if any one can help

i got a computer from comet in 2001
financed by household bank

in 2002 my partner got computer from comet
financed by household bank he took ppi

a couple of months later household bank called us in
they said it would be better to put both account together into one, which at the time sounded ok .

now when they did this i had payed mine for a year so they calculated what was left and added to new account (they payed off one account using the other), with my partners i think he had only made about two payment they took what he had to pay and the whole amount for the ppi and added it to new account.
what i want to know is should they have taken the whole amount for the ppi ??
the ppi should have been over the whole term of the original loan (which only lasted a few months)as household payed off first with the new account?

i have gotten myself confused with it all , and not sure if they were right or not

thanks