PPI Reclaiming discussion Part II

lemonhead_4

tiggrae wrote: »

if do have a successful claim they'll probably want to pay it off the debt rather than to you, but making a claim for mis selling should not affect your arrangement

Thanks for that, im happy for them to take it off what i owe them, just means less to owe, so will give it a go

crysta1010

Hi

4 years ago I wanted to remortgage by £20,000 but wasn't able to, but was able to have a £20,000 Secured Loan along with my normal mortgage payment. I then remortgaged to Abbey 2 years later which obviously paid the £20,000 secured loan off.

I can't find the paperwork for any of this, just have my mortgage account numbers with them. I'm trying to remember about this but would I have been sold ppi for this and would it be worth sending a letter to A & L requesting they look into it.

Help much appreciated.

marshallka

crysta1010 wrote: »

Hi

4 years ago I wanted to remortgage by £20,000 but wasn't able to, but was able to have a £20,000 Secured Loan along with my normal mortgage payment. I then remortgaged to Abbey 2 years later which obviously paid the £20,000 secured loan off.

I can't find the paperwork for any of this, just have my mortgage account numbers with them. I'm trying to remember about this but would I have been sold ppi for this and would it be worth sending a letter to A & L requesting they look into it.

Help much appreciated.

I had no paperwork from firstplus and it was 8 years ago and 6 years ago we settled. I just requested a copy of the loan agreement. I just put the names it was in (myself and my husband) and the address it was attached to.They got back within a week.

rosemahairy

alleybabes wrote: »

Hi i am in the same boat i have taken hfc bank to court and i dont understand the jargon either! it says they have 14 days to reply, what happens if they dont agree with my claim? sorry to be thick but its all new to me has anyone else used moneyclaim online? can they explain to me what happens thanx

i had to do a court reply shoes on other feet and basically if i didnt reply in 14 days it went in their favour automatically for the monies they requested. They can reply with an arguement against it or even counter claim as i did. They will inform you of their response you then you can then pursue it. Hopefully they will just not reply to the court and you have won.... let me know i can see me taking hfc to court even they been fined for miss selling they refuse to give me my ppi back

m.colak

Hi just thought i'd clear up a few questions about the court route. The defendant has 14 days to file a defense. This means that they acknowlege the claim and intend to defend the case. At this point don't worry too much. Once it gets to twenty eight days from the original filing of the case you can apply for a judgement for default if they haven't filed a defense. If they defend the claim then the case will be transferred to your local county court for a judge to decide (may require a court appearance depending if you are using a solicitor or not). If they haven't responded and you file a judgement by default then they have a additional 14 days to have the judgement stayed. If they still haven't done this then you can apply for a court warrant and the baliffs will be sent in to recover the money. If they apply to get the judgement stayed then again you may be attending court to settle the case.

In most case's the banks don't turn up to court because it costs them even more money plus they could end up setting a precedence for all other following case's.

m.colak

Kaia wrote: »

Thanks tiggrae...
Today I have started to fill in the MCOL form, havent got a clue what to put in the section particulars of claim as it has to be no more than 1080 words on up to 24 lines only.
Please do you have any links /info I could use.
Also the loan is in JOINT names, I am the one dealing with it all, filling in forms etc but who should be named claimant...O/H is the one in full time employment and was the one covered for PPI ,although a Joint policy I was only covered for LIFE ins.
And lastly should you tick the box about the Human Rights Act 1998 or not?
Many thanks again !
Kaia x

Hi Kaia,

Basically you want to summaries the main points of the case, pretty much the same that you put in the first letter you sent to the bank asking for your money back. The other main point you have to make sure you include is the paragraph which relates to wishes to claim back the statuatory interest which is included in a link on the form. You basically copy the paragraph in the link into your text and work out what the daily rate of interest accured will be that is (total reclaimed/(0.08/365)) rounded up to the nearest penny. If you want to include compensation its up to you but be warey about it as you might not get it and it may prejudice your case.

ctanner

I am in the process of reclaiming PPI from a loan I have with Nationwide. After a series of letters back and forth, my case is now with the Financial Ombudsman.

My circumstances have changed and I'm looking into consolidating things into one loan, but I'm concerned I will affect my case if I pay off the Nationwide loan before the outcome of the Ombudsman's review/before I've had a final decision regarding the PPI.

The question is, if they think I am due money back as a result and instruct Nationwide accordingly, will it make a difference if the loan is paid off or could I jeopardise the outcome?

m.colak

crysta1010 wrote: »

Hi

4 years ago I wanted to remortgage by £20,000 but wasn't able to, but was able to have a £20,000 Secured Loan along with my normal mortgage payment. I then remortgaged to Abbey 2 years later which obviously paid the £20,000 secured loan off.

I can't find the paperwork for any of this, just have my mortgage account numbers with them. I'm trying to remember about this but would I have been sold ppi for this and would it be worth sending a letter to A & L requesting they look into it.

Help much appreciated.

Hi you can ask any financial instituation for copies of you customer credit agreements going back at the most 6 years (statuate of limitations) they have to provide them by law and if they can't/won't inform the information commisioner immediately for him to kick buttock.

m.colak

ctanner wrote: »

I am in the process of reclaiming PPI from a loan I have with Nationwide. After a series of letters back and forth, my case is now with the Financial Ombudsman.

My circumstances have changed and I'm looking into consolidating things into one loan, but I'm concerned I will affect my case if I pay off the Nationwide loan before the outcome of the Ombudsman's review/before I've had a final decision regarding the PPI.

The question is, if they think I am due money back as a result and instruct Nationwide accordingly, will it make a difference if the loan is paid off or could I jeopardise the outcome?

Hi if you end up settling the debt early ensure that you send appropriate copies of the settlement figures to the FOS so that they can ensure that you have had an appropriate rebate/refund of the monies owed or at least you haven't had a disproportionate rebate. Send a covering letter to the FOS detailing what actions you have taken and that the matter still isn't settled to your satisfaction.

Kaia_2

m.colak wrote: »

Hi Kaia,

Basically you want to summaries the main points of the case, pretty much the same that you put in the first letter you sent to the bank asking for your money back. The other main point you have to make sure you include is the paragraph which relates to wishes to claim back the statuatory interest which is included in a link on the form. You basically copy the paragraph in the link into your text and work out what the daily rate of interest accured will be that is (total reclaimed/(0.08/365)) rounded up to the nearest penny. If you want to include compensation its up to you but be warey about it as you might not get it and it may prejudice your case.

hi mcolak
Thanks for that...
What about the Human Rights box? tick or not?
And the other thing ....our loan is in joint names
I am the one filling in all the forms and dealing with it etc, but hubby is the first named on the loan ....who should I put as the claimant ? Can I put it as myself?
Thanks x
How is little Babycolak doing....? Ahhh bless x