PPI Reclaiming discussion Part II

m.colak

Clairel29 wrote: »

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

If you have both the response and the request for the information (letters) then the next step is to contact the information commisioner, if you haven't had these in a written format then you need to obtain these now!!!!. They are with holding information pertaining to your person and therefore you have a right to view/have a copy of said information under the data protection act.

m.colak

marshallka wrote: »

I had a firstplus loan back in 2000 and paid it back early in 2002. I was bullied into buying the ppi and when we settled we paid well over the amount of the actual loan after repayments of 2 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.

Unfortunately the statuate of limitations isn't in your favour on this one. The law states that you can only reclaim in the last six years i'm sorry about that but i don't know what other advice i could give. If you do decide to continue you are probably best sending it the way of a no claim no fee company as then they do all the leg work and if you get anything back its a bonus. I don't think the FOS will get involved in this case either unless the company absolutely abused their position. I'm sorry about having bad news but thats the only advice i can give.

The_landscaper

Hi I am looking for advice please.......

Hmm has anyone successfully claimed against Egg, only I am sure that I have been miss-sold PPI…..?

I am a landscaper a self employed landscaper…..

But take a look at this and tell me I haven’t been miss-sold these are my details…. Minus the account numbers ……


Egg Accounts


First date of Egg Card Application March 2001
First Application for a 1st loan £1500 October 2001

Payment Protection amount£84.14



Second Application for a Loan/ balance Transfer
December 2002 Principal loan amount £3520

Payment Protection amount£516.35
Total borrowed £4036.35




Third Application for a loan/balance transfer

July 2003 Principal loan amount £5776.00

Payment protection amount £847.28
Total borrowed £6623.28


Fourth Application for a loan/balance transfer

January 2004 Principal loan amount £6243.00
Payment protection amount £531.90
Total borrowed £6774.9

Fifth Application for a loan/ balance transfer
December 2004 Principal loan amount £6347.00
Payment Protection£536.19
Total Borrowed £6883.19

Now If I am not wrong in the a 2 year period I have paid £2515.86 paid PPi Cover now I am not brilliant with figures and clerical work, but what I can tell you is that each loan was a balance transfer from a visa credit card…..

If anyone cares to give me advice I would be grateful as to me it looks like Egg has charged me PPi every time I have had a loan to pay off a balance transfer ……..3 times in fact in a 2 year period there may be many who have done the same and I hope that any advice will be useful to others ………

TwinsMum_2

Well it has been just over a week since I won my case through the FO against FirstPlus/Central Trust, still no news on the amount I am expected to receive or what difference it will make to my loan figures. I have contached both companies and no one knows anything about anything,oh well just keep waiting I guess, they have tried to give me another loan though stupid people. Keep you updated.

m.colak

The_landscaper wrote: »

Hi I am looking for advice please.......

Hmm has anyone successfully claimed against Egg, only I am sure that I have been miss-sold PPI…..?

I am a landscaper a self employed landscaper…..

But take a look at this and tell me I haven’t been miss-sold these are my details…. Minus the account numbers ……

Hi mate send a letter to egg stating that you believe that you have been disproportionally rebated and will take the matter to the FOS if the matter isn't investigated by the company and a portional rebate is not immediately creditted to you (give them 28 days to respond). If you get no response then immediately fill in the FOS online form stating that you believe you have been disproportionally rebated by egg (and possibly miss sold PPI) get the complaint number and then send in all the documentation. It might take a little while for the FOS to act however if they are found guilty then expect compensation as well.

marshallka

m.colak wrote: »

Unfortunately the statuate of limitations isn't in your favour on this one. The law states that you can only reclaim in the last six years i'm sorry about that but i don't know what other advice i could give. If you do decide to continue you are probably best sending it the way of a no claim no fee company as then they do all the leg work and if you get anything back its a bonus. I don't think the FOS will get involved in this case either unless the company absolutely abused their position. I'm sorry about having bad news but thats the only advice i can give.

I have actually spoken to the FOS and they have told me that when (if) if get a final response from Firstplus then to ring them for more help. I told them the dates of the loan and the time we repaid it. I will try them first before anything otherwise if what you are saing is true then i was mislead by the FOS. I heard yesterday something about "7 years". What was this about.

Clairel29

m.colak wrote: »

If you have both the response and the request for the information (letters) then the next step is to contact the information commisioner, if you haven't had these in a written format then you need to obtain these now!!!!. They are with holding information pertaining to your person and therefore you have a right to view/have a copy of said information under the data protection act.

Hi

Thanks.

Sorry to be stupid but who is the information commissionier?

Yes I have all of this in writing.

Thanks
Claire

katiekittykat

I have had no reply to my letter asking them if the letter i got was the banks final decision on this matter or that indivuals - i got no reply? no what?

xxx

m.colak

marshallka wrote: »

I have actually spoken to the FOS and they have told me that when (if) if get a final response from Firstplus then to ring them for more help. I told them the dates of the loan and the time we repaid it. I will try them first before anything otherwise if what you are saing is true then i was mislead by the FOS. I heard yesterday something about "7 years". What was this about.

http://www.lawcom.gov.uk/docs/cp151apa.pdf

The only thing i can think the FOS can do in that case is bring it to bear that the company worked in a negligent way (hard to prove but its their choice) under section 14B which then extends the 6 year period to 15 years. Hope this helps. It worth reading through the whole of the appendix just to see what points you believe you would be covered under.

For everyone reading this is the appendix to the Limitations Act which gives reasons for extending the normal 6 years deadline.

m.colak

Clairel29 wrote: »

Hi

Thanks.

Sorry to be stupid but who is the information commissionier?

Yes I have all of this in writing.

Thanks
Claire

Hi the information commisioner is the person whom up holds all your rights for the information pertaining to yourself under both the Freedom of Information Act and also (and more importantly) Data protection Act. Just google the name information commisioner for more information.