PPI Reclaiming discussion Part II

tiggrae

marshallka wrote: »

Hi, we took out a loan with firstplus in Jan 2000 for £17,000 and had ppi added of £4163.30. We paid this off for two years and argued about the ppi but was told it was part of the loan as everyone was told then. We then changed over the mortgage and asked for a settlement figure. The figure was about £24,000 to settle. This was worked out on the rule of 78 which i did not understand. It also included the ppi. I repaid this after arguing this and put it down to experience and now that people are claiming this ppi i sent a letter to firstplus asking for a copy of the original loan agreement as i had no records. They have replied promptly with a copy of this.

I have now sent in a letter stating that we were missold this ppi and that also our settlement figure was worked out using rule 78 which is now thought to be unfair. Does anyone think we have a chance of claiming anything back from these crooks. From what i can understand about the 6 year rule thing it is purely that companies don't keep records after 6 years but firstplus have our records as they have sent me a copy.

Any help much appreciated.

Unfortunately it is the Statute of Limitations Act 1980 which sets the 6 year limit rule

m.colak

linda_susan wrote: »

have been paying ppi on credit card didnot know it was insurance until I read martins column in the paper wrote to tsb they said box was ticked and I should have known dont know what to do next

I have might court case with Halifax on thursday and guess whats it for and what their defense is. Thats right the old ticked box approach. I would recommend obtaining a copy of the said agreement and checking if you ticked the box or if it was a digital tick on it. It makes a lot of difference.

marcus79_2

i did my first letter to HSBC 2 weekes ago now, but i think i may have messed up.....
i took it to the branch manager and placed it in his hands directly thinking it will get into the system quicker then sending it, today as i was starting to have fears about the possibility i may have messed up i phoned them up, upon checking my record they saying nothing showing on the data that i handed anything in, but was told if the manager dealing with it then it wont nesasarily be on the data base yet, i was also told it would take a standard 40 working days to reply back....

ive demanded the manager contacts me tomoz stateing not only am i concerned about this just not going thru system yet but as my personal details are just sitting around some place and feel this is very unsatisfactory service.

So got fingers crossed he hasn't done a job on me, if he has doe's anyone know who has dealt with HSBC before know the actual adress we send these to as obviously the possibility of my local branch playing dumb is quite high now.

Also if anyone has had any dealings with Home Shopping personal finance and HFC bank would be much appreciated as HFC was the company who took the payments when wife bought a laptop on credit and after 4 weeks still waiting for a copy of the agreement thru post, and home shopping finance been waiting 3 weeks for them to get back to me.

Kaia_2

m.colak wrote: »

Hi Kaia sorry for the delay,

The human rights tick box is always a good thing to tick although by law you are already covered by it. Basically what it means that you want the right to a fair trail if required.

As for the joint names it depends on what you are claiming the missold PPI on if you are claiming that the contract doesn't protect you then you can raise the court case in your name with the primary policy holders permission. But in this case remove all wriggle room and put in the primary policy holders name ie your husbands but also include your own. The reason is that if this goes to court the person raising the claim will have to attend and in this case as you say it will be more than likely you will and not your husband.

Baby Luke is now 14 weeks and wonderful with lots of sleepless nights (not really) he usually sleeps 4-5 hours has a feed then back to sleep for 4 more.

Thanks mcolak, the points we are claiming mis-sold PPI on are

- Your salesperson implied that taking out the policy would assist our credit application.

- Your salesperson implied that taking out the policy was essential for us to get the associated credit .
- Your salesperson pressured us to accept the policy ....it was a case of no policy - no loan.
-It was not explained to us that there were certain exclusions within the policy that could affect us
-I paid upfront for the PPI but it was not explained that there were some PPI policies where you could pay monthly
-It wasnt explained that by doing this you were making us obtain more credit on which we would be charged further interest.
-There was over-reliance on information sent through the post, which breaches CCA 1974 and is therefore negligent in line with 1967 Misrepresentation Act. Under CC P18

---

So are you saying it IS possible to put both names in the claimant box?
or do I make a separate note of this.
Re:Baby Luke.....Ahhhh bless him, I cant believe that 14 weeks has passed, I remember being on here the day you announced that you had just become a daddy!

tiggrae

Kaia wrote: »

Thanks mcolak, the points we are claiming mis-sold PPI on are

- Your salesperson implied that taking out the policy would assist our credit application.

- Your salesperson implied that taking out the policy was essential for us to get the associated credit .
- Your salesperson pressured us to accept the policy ....it was a case of no policy - no loan.
-It was not explained to us that there were certain exclusions within the policy that could affect us
-I paid upfront for the PPI but it was not explained that there were some PPI policies where you could pay monthly
-It wasnt explained that by doing this you were making us obtain more credit on which we would be charged further interest.
-There was over-reliance on information sent through the post, which breaches CCA 1974 and is therefore negligent in line with 1967 Misrepresentation Act. Under CC P18

---

So are you saying it IS possible to put both names in the claimant box?
or do I make a separate note of this.
Re:Baby Luke.....Ahhhh bless him, I cant believe that 14 weeks has passed, I remember being on here the day you announced that you had just become a daddy!

yes, you can have joint claimants -

Kaia_2

angelwillow wrote: »

G.E not budging that the sales person in the shop didn't tell me ppi was optional -yeah I know but I wasn't as 'clued up' as I am now.
F.O not interested as they didn't regulate them then (2004) and my experience with FLA and bank charges is that they are useless - pretty much 'Will you (G.E) pay it back? No? Oh OK then' end of story.
Is court my only option now and if so what are my chances likely to be?

My loan , like yours was pre 2005 when they became regulated, but I wouldnt let that stop me trying to get MY money back, go down the court route, it seems frightening the thought of it, but all the stories I hear are success ones.Yes, its great if you could go to the FO but because some of us cant , you shouldnt let it stop you.
Everyone on here is great helping each other through every step of the way.....At the end of the day it is YOUR money and you have been deprived of it...I SAY.....GET IT BACK!!!
Dont let them get away with it!!:money:

angelwillow

Thanks for the vote of confidence - just not sure I could make a strong enough case to stand up in court. Basically it was lack of knowledge that led me not to question it at the time.

margo123

jessicad wrote: »

Hi All

I am reclaiming PPI on my MBNA credit card, they have sent me their final response including a copy of the application form I originally filled in which shows the box ticked. My argument is that i didn't understand that I was accepting an optional policy, how much it would cost me, tat I had a right to cancel and I didn't need it anyway as i already had cover elsewhere.

Should I now go to the FOS?

thanks

By all means go to FOS, but I warn you that I have been waiting since January to "be assigned a case worker".

Clairel29

Hi

Well I have received my 2nd response back from Capital One, and guess what no further on.

Not sure if you remember, but my 1st letter from them was admitting that I was one of the people that had not been sent the correct information re PPI. They also said that I had not cancelled PPI even though it was on my monthly statements. They also said that as I applied on the internet then I had 'ticked' the box.

So I wrote back to them asking for copies of my signed documentation.

They have come back and said they are not providing me with any further information, and this is their final response.

So my question is do I now put this with the FO and is their any general template that I can use.

Thanks
Claire

marshallka

I had a firstplus loan back in 2000 and paid it back early in 2003. I was bullied into buying the ppi and when we settled we paid well over the amount of the actual loan after repayments of 3 years. I have written to firstplus about this and not got a reply yet. It was only last week. I have just spoken to the FOS too and asked their views with the loan being paid over six years ago. I know firstplus have got details of the loan as i first requested the credit agreement copy from them. They sent that back. Anyway the FOS said i should not need to request a SAR as i am asking for the ppi back plus interest. I asked if i get no joy from them could they get involved and he said they would take details. I have asked about the rule of 78 being used to calculate the settlement figure and he said that would of been in the terms and conditions. I posted a thread on here about this rule and someone replied that "they could argue the whole loan". Its a company that takes this matter on for you. I don't want to involve a company at the moment as i don't know what worstplus are going to write back with. Does anyone think i stand a chance on this one. Help appreciated. Like i say its over six years ago.