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PPI Reclaiming discussion Part II

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  • marshallka
    marshallka Posts: 14,585 Forumite
    tiggrae wrote: »
    I really don't think you can claim breach of Fiduciary Duty, that is the highest standard of care in the English Courts and is usually reserved for a person acting as a Trustee. The fiduciary duty is a legal relationship between two or more parties (most commonly a "fiduciary" or "trustee" and a "principal" or "beneficiary") that in English common law is arguably the most important concept within the portion of the legal system known as equity

    What they owed you in tort is a Duty of Care, you have to be careful what you put in writing as it can be seen as Libeless
    I have googled "fiduciary duty" here

    Fiduciary duty

    People who occupy positions of trust (fiduciaries) have specific obligations to those people who place their trust in them and must:
    • ensure that they have the necessary knowledge to perform their duties
    • disclose any limitations, conflicts of interest or issues that would prevent them from performing their duties appropriately
    • comply with any legal and professional requirements that relate to their roles, and also with any relevant ethical guidelines
    • not take unfair advantage of their relationship (e.g. misuse information) in a way that could have adverse effects for those who place their confidence in them.
    This fiduciary duty has similarities to the implied duties that we have under employment contracts.

    I thought it was "fiduciary duty"?????

    http://legal-dictionary.thefreedictionary.com/fiduciary+duty
  • murphy1212
    murphy1212 Posts: 13 Forumite
    Finally after having my claim passed to senior management 2 weeks ago and after me phoning the same guy in their complaints dept every day since, i phoned again today to which he said he was just about to phone me, he informed me he has received back from management confirmation that he is issuing a letter to me today with an offer of a full refund of ppi plus intrest paid and incurred to date, all i have to do is sign the acceptance form, return back to them and a cheque will be issued by return!!!

    :beer: :beer: :beer: :beer: :beer:

    Thanks for all the assistance on here, especially Marshallka, just keep going, and good luck to all!!!
  • cmac
    cmac Posts: 129 Forumite
    murphy1212 wrote: »
    Finally after having my claim passed to senior management 2 weeks ago and after me phoning the same guy in their complaints dept every day since, i phoned again today to which he said he was just about to phone me, he informed me he has received back from management confirmation that he is issuing a letter to me today with an offer of a full refund of ppi plus intrest paid and incurred to date, all i have to do is sign the acceptance form, return back to them and a cheque will be issued by return!!!

    :beer: :beer: :beer: :beer: :beer:

    Thanks for all the assistance on here, especially Marshallka, just keep going, and good luck to all!!!
    Well done it just shows keeping at them pays off in the end congratulations:j
  • marshallka
    marshallka Posts: 14,585 Forumite
    murphy1212 wrote: »
    Finally after having my claim passed to senior management 2 weeks ago and after me phoning the same guy in their complaints dept every day since, i phoned again today to which he said he was just about to phone me, he informed me he has received back from management confirmation that he is issuing a letter to me today with an offer of a full refund of ppi plus intrest paid and incurred to date, all i have to do is sign the acceptance form, return back to them and a cheque will be issued by return!!!

    :beer: :beer: :beer: :beer: :beer:

    Thanks for all the assistance on here, especially Marshallka, just keep going, and good luck to all!!!
    I am so pleased for you, Well done and get and post on the success thread. :beer: :j :beer: :j
  • owls57
    owls57 Posts: 5 Forumite
    Hi

    yesterday I received correspondence from HSBC (after going to FO) to say that they were going to uphold my complaint and have agreed to pay back £6,902.19 PPI for a top up loan that I took out in Nov 2004 and settled last year (what a result). However I am now in a dilemma as to whether I should reclaim for my original loan which I took out in the summer of 2003, I did not do this at the same time as I did not have any of the documents but I have since read on this site that you can ask the bank for these details as long as it is not over 6 years ago. Has anyone else done this any suggestions would be most welcome.

    Regards
  • marshallka
    marshallka Posts: 14,585 Forumite
    owls57 wrote: »
    Hi

    yesterday I received correspondence from HSBC (after going to FO) to say that they were going to uphold my complaint and have agreed to pay back £6,902.19 PPI for a top up loan that I took out in Nov 2004 and settled last year (what a result). However I am now in a dilemma as to whether I should reclaim for my original loan which I took out in the summer of 2003, I did not do this at the same time as I did not have any of the documents but I have since read on this site that you can ask the bank for these details as long as it is not over 6 years ago. Has anyone else done this any suggestions would be most welcome.

    Regards

    Was it the same set up as the one you have won. If it was i would claim again. When i look at some people on this site they have lots of different claims going on. Just do the same again. Good luck.
  • marshallka
    marshallka Posts: 14,585 Forumite
    Just a thought to all you claimers..... I hope you are all taking out another kind of protection for in case you do get ill or something happens in the future employment wise. I protect our mortgage with a income protection insurance but its a monthly payment, cancellable at any time and no exit fees and also they asked about medical things before and we KNOW what is excluded. We don't pay an apr on it but if anything happens (god forbid) we are protected. (as much as these things CAN protect you as i know from watching programmes that a lot of claims are rejected by even the best companies).
  • cmac
    cmac Posts: 129 Forumite
    marshallka wrote: »
    Just a thought to all you claimers..... I hope you are all taking out another kind of protection for in case you do get ill or something happens in the future employment wise. I protect our mortgage with a income protection insurance but its a monthly payment, cancellable at any time and no exit fees and also they asked about medical things before and we KNOW what is excluded. We don't pay an apr on it but if anything happens (god forbid) we are protected. (as much as these things CAN protect you as i know from watching programmes that a lot of claims are rejected by even the best companies).

    Well said and very good point what I`m doing is building up a slush fund of what we were paying in PPI to all the companys and i`ve started a savings account with Halifax at 10% its only for 1 year and you can put up to £500 a month in it. So at least if something does happen we`ll have a bit of cash to hand, and at least I feel in control of it.
  • vicnob
    vicnob Posts: 3 Newbie
    Hi there,
    This is my first post on this forum and I need some advice about reclaiming PPI insurance that I took out on my Credit card many years ago. When I first applied to the Halifax for a credit card I was told that I had to take out repayment insurance in order to get the card.
    I have been self employed for over 30 years and the Halifax knew this when I applied
    Since watching Martins programme on TV, I now realise that I have been paying for a product that will never be of any use to me as I`m self employed!!

    I have written to them twice but they have totally ignored me.

    What can I do?
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    vicnob wrote: »
    Hi there,
    This is my first post on this forum and I need some advice about reclaiming PPI insurance that I took out on my Credit card many years ago. When I first applied to the Halifax for a credit card I was told that I had to take out repayment insurance in order to get the card.
    I have been self employed for over 30 years and the Halifax knew this when I applied
    Since watching Martins programme on TV, I now realise that I have been paying for a product that will never be of any use to me as I`m self employed!!

    I have written to them twice but they have totally ignored me.

    What can I do?
    hi - are you reclaiming because they told you you had to have it or due to being self employed, if it's the latter you'll need to check your terms & conditions because if you're paying Category 2 NI you could actually be covered.
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