PPI Reclaiming discussion Part II

sarahc5388

Darth_chaffinch wrote: »

If you credit card has had PPI added, but you've always been in the red, can you still claim?? Egg have said today that because I never actually 'paid' for my reclaimed PPI that I cannot claim interest?

Any ideas please?!?

Not sure what you mean? have you successfully claimed the PPI back?

sarahc5388

marshallka wrote: »

hey sarah, you are taking over from m colak here. Keep it up:beer:

can i pm you something to have a look at?

alleybabes

marshallka wrote: »

The misrepresentation act 1967. Negligent misrepresentation is what people are using.

info here

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Primary&PageNumber=60&NavFrom=2&parentActiveTextDocId=1185735&ActiveTextDocId=1185735&filesize=10126


the only plain english i can use for these people is robbing b******s. That plain enough. No seriously, these acts do my head in. I think i actually understand things and then ask someone at the FOS or FSA or trading standards and i have got it all wrong.

the thing is i find it so complicated and just having a bad day i suppose,i feel im gona lose

Darth_chaffinch

Egg applied PPI to my c.card ever since I was in a DMP with the CCCS 3 yrs ago (which should have been cancelled when my account went into arrears), so the PPI payments were added on top of my arrears. Egg have repaid all the PPI over the period of my DMP, but will not pay 8% interest as it was never 'my money'??

Does this explain it??

sarahc5388

alleybabes wrote: »

the thing is i find it so complicated and just having a bad day i suppose,i feel im gona lose

chin up! we all have bad days :grouphug: (this looks rude but it's a group hug - it cheered up the last person I sent it to - hopefully it will work on you too!)

sarahc5388

Darth_chaffinch wrote: »

Egg applied PPI to my c.card ever since I was in a DMP with the CCCS 3 yrs ago (which should have been cancelled when my account went into arrears), so the PPI payments were added on top of my arrears. Egg have repaid all the PPI over the period of my DMP, but will not pay 8% interest as it was never 'my money'??

Does this explain it??

So you never actually paid any PPI? but they charged you interest on it? -ahhh - you entered a DMP and because of this Egg added PPI? The PPI payments + interest has been added to your arrears - as you have to pay the arrears then it was your money

tiggrae

marshallka wrote: »

tiggrae, i asked earlier about the thing i was told by the ICO about data. I said that the phone calls that i had from firstplus on tape kept being blanked when i spoke about things i need for evidence and that the ones where i say about the ppi and not having any documentation about it are not on the tape. The ICO then said that "they wouldn't want to incriminate themselves would they". I thought the whole thing of asking for a sar was for evidence. Also i spoke to FIrstplus today and said to them that they have had a letter from the FOS to which they replied "we will send the information that he has requested to him". I then said that they cannot send any information to him that they have not sent to me. Am i correct or can the FOS request different things.

the ombudsman can request whatever they see fit in order to assess a complaint, they may be the same as you've requested or different - however, he will only be looking at the issue of an unfair rebate NOT at the mis selling angle, so I suspect they won't ask for any telephone conversations. If you decide to go to court of the mis selling, you can make a court order for them to produced everything they have

tiggrae

alleybabes wrote: »

the thing is i find it so complicated and just having a bad day i suppose,i feel im gona lose

There are 3 types of misrepresentation, fraudulent, negligent & innocent - in reclaiming for mis selling it is Negligent Misrepresentation you need to go for

this is the important bit -

• Negligent misrepresentation at common law occurs when the defendant carelessly makes a representation while having no reasonable basis to believe it to be true. This type of misrepresentation is relatively new and was introduced to allow damages in situations where neither a collateral contract nor fraud is found. It was first seen in the case of Hedley Byrne v. Heller [1964] A.C. 465 where the court found that a statement made negligently that was relied upon can be actionable in tort. Lord Denning in Esso Petroleum Co. Ltd. v. Mardon [1976] Q.B. 108 however, transported the tort into contract law, stating the rule as:

if a man, who has or professes to have special knowledge or skill, makes a representation by virtue thereof to another…with the intention of inducing him to enter into a contract with him, he is under a duty to use reasonable care to see that the representation is correct, and that the advice, information or opinion is reliable

• Negligent misrepresentation under Statute, enacted by the Misrepresentation Act 1967. When dealing with a negligent misrepresentation it is most lucrative[5] (joint with fraudulent misrepresentation, Contributory Negligence notwithstanding[6]) for an action to be brought under statute law as the burden of proof that is required passes to the person who made the statement.

So it is for the person who made the negligent statement to prove that the statement was either not one of fact but opinion and that "had reasonable ground to believe and did believe up to the time the contract was made that the facts represented were true"[7] - the so-called innocent defence.

Darth_chaffinch

The PPI was added to my balance, interest was paid by me on the balance.

marluc

YEOSAL wrote: »

Hi

Was it a single premium policy? Just asking as you have not said if there was any interest charged on it over the term of the loan.

I have not received any documents yet, due in today and postie already been. Not sure whether they are going to use any as they are going for time barred. No sign of the documents that I requested with cpr 18 either but not due til 17th. I sent my docs yesterday by special delivery. Am hoping they are going to look at them and settle. Fat chance, I am not that lucky!!

When is the deadline for them submitting documents? Your court hearing is after mine so thought they must still have time?

Sally x

Hi,
Don't know whether you have been reading my posts, but FF solicitors had until 9th June to submit documentation to the court and to me.
In the meantime however, the solicitor has phoned and emailed me to see if I will reach an out of court settlement.
Today, as we speak ie 12th June, FF solicitors have still not submitted any documentation. But they have come up with my request of £4575 which is what I asked for yesterday via email. Their original offer was £1000. They will do everything so as not to go to court, they know they will lose.
Hope this has been of some help Sally. You will win as they know they will lose. Stick at it.
Take care.