PPI Reclaiming discussion Part II

di3004

Just to update you folks on my Credit Card PPI complaint.

Received the letter this morning, now just waiting for it to be passed onto the Adjudicator.
I don't expect this to be done with soon though, due to the volume of complaints they have to deal with, but will keep you updated of the progress anyway.;)

Di.
xx

di3004

ninjastriker wrote: »

I never got a copy of the term & conditions, I only had it read out to me when i activated my card back in December. But I am already in the middle of claiming the others, sent a letter over a week ago.

I'm just waiting to hear back from them, these are my big ones as its over a few years. the capital one i am not bothered either way.

But with capital one i wanted to see what my best options is, considering i was aware what it was i just didn't think at the time due to worries with money at the time.

Hi there Ninjastriker,

I'm sure they should have sent you the Terms & Conditions of this despite how this was sold, besides if you wanted to cancel you would need to know how, and have the chance to view these on paper in order for you to know the conditions of this product.
In my opinion you were not given the chance to cancel anyway, because there is a cooling period and a time limit to cancel the actual PPI product.

My hubby is in the same position here, but sold the credit card in the bank, he did not sign anything PPI was not even mentioned, he received his statement which was late coming through the post and the policy details were not posted until 2 months after.
Right now he is still waiting for a reply from LLoyds, he asked them to reconsider the complaint by giving them 14 days to do so, meanings the first response he received they deny this was mis sold but open for further investigation if there is anything else he can add to support this, for them to reconsider this.

Your letter was basically a standard fob off, which both me and hubby received.
Mine is now with the FOS, as we have exhausted all options here now.

Oh hubby was not sent an agreement either.

I would write to them again and add further information, even if they state they given you advice, you state you have not received no T&C's on this product do you did not know your rights if you wanted to cancel.
They should have sent you both the policy booklet/information and t&c's.

Good luck.
Di.;)

Hawkwind_2

If anyone has any experience in these things I could use some advice. I took out a loan with northern rock for £25,000 with ppi (£11,500) over the internet. When you were on the acceptance screen it had a tick box for both the loan and the ppi which I took as meaning it was a requirement with the loan. this was in 2004. In 1997 I was diagnosed with a non-malignant brain tumour which although treated remains to this day which means I would have been excluded from pre-existing conditions. At no time was I asked in the internet application whether I had any pre-existing conditions. I have written once back in 2006 by recorded delivery to northern rock which was never replied to. I have also explained this to them over the phone and at the time they stated they could restructure without the ppi but I would have to settle the difference outstanding on the loan (£4000 I didnt have) and that the loan would be at a new rate which meant my repayments would remain the same. My concern is a I am on a dmp if I try and fight this can they insist the loan is repaid in full. As i work for a bank (please dont hate me lol) a ccj or court judgement against me could cost me everything. I hate the current situation and that I am paying for a policy which is basically worthless but if I gamble with this it could cost me everything.can anyone advise the best course of action?

p.s. if anyone is in financial difficulties when I speak to them the first thing I suggest is to contact a dmp via the cab, cccs etc and to come to this website so I am trying to be one of the goodguys.

marshallka

Hawkwind wrote: »

If anyone has any experience in these things I could use some advice. I took out a loan with northern rock for £25,000 with ppi (£11,500) over the internet. When you were on the acceptance screen it had a tick box for both the loan and the ppi which I took as meaning it was a requirement with the loan. this was in 2004. In 1997 I was diagnosed with a non-malignant brain tumour which although treated remains to this day which means I would have been excluded from pre-existing conditions. At no time was I asked in the internet application whether I had any pre-existing conditions. I have written once back in 2006 by recorded delivery to northern rock which was never replied to. I have also explained this to them over the phone and at the time they stated they could restructure without the ppi but I would have to settle the difference outstanding on the loan (£4000 I didnt have) and that the loan would be at a new rate which meant my repayments would remain the same. My concern is a I am on a dmp if I try and fight this can they insist the loan is repaid in full. As i work for a bank (please dont hate me lol) a ccj or court judgement against me could cost me everything. I hate the current situation and that I am paying for a policy which is basically worthless but if I gamble with this it could cost me everything.can anyone advise the best course of action?

p.s. if anyone is in financial difficulties when I speak to them the first thing I suggest is to contact a dmp via the cab, cccs etc and to come to this website so I am trying to be one of the goodguys.

Just write a letter to them for misselling and then if they say it was sold ok then you can argue and get a final response and then take it to the FOS. They are trying to get you to pay all the remaining ppi by the looks of it and you are telling them it was missold and would not of covered you for pre existing and i think you are right. Send your letter recorded again and this time they will have to respond. Tell them you are going to make a complaint to the FOS. They were registered under the FSA in 2001 for insurance.

wildanna

Laini wrote: »

right
can yo give me a run down of what you have done so far -I hv a blonde memory -sorry
then we will plan our next move
TTFN
Laini xx:j

already sent them the 2 standard letters then sent for the sar only got back blank credit agreement a copy of terms and a cd with password that wont even open dont know wat to do now plz help many thx

**AquariausAngel**

tiggrae wrote: »

you need to start court proceedings - MINT always pay up - go onto the Bank Charges reclaim for a template of the County Court claim form - use the on-line service MCOL (money claim on line) it's cheaper and I can guarentee they'll pay up

Hi Tiggrae, not sure if you saw my last post:

Thanks for getting back to me - I will have a look at mcol now. I'm a bit frightend of the thought of court proceedings as I didn't want to go down that route to be truthful. Would another letter do the trick or the FOS? I will read up on this info before I decide though!

I wrote back to MINT the other day asking for the rest of the money inc interest but said I would accept the £72.00 if they were willing to settle quickly (I asked for £88.00 plus interest initially and they sent me £16.00 - the difference between £20 and £12 I had been charged twice) I'm hoping they will just give me the £72 which I can put against my other credit card rather than have to go through the courts as it's not a huge amount!

I just hope it goes my way! Will let you know

akery

I originally posted this on 13th June but nobody commented, so I thought I’d give it another try! Any help/comments would be greatly appreciated.

I have just had a PPI reclaim request rejected by Alliance & Leicester on the following basis:

“Due to the Data Protection Act, we are required to retain customer data for no longer than 6 years from the date the account was settled. After 6 years records are destroyed, we are therefore unable to investigate the issues you have raised, as the data is no longer available.

Current FSA regulations are that any complaint concerning suitability should be lodged with the company responsible within 6 years of the event, unless he has referred the complaint to the firm within that period.”

The loan was started in August 2000 and was settled in August 2001. Although this is over 6 years ago, as I still have a copy of the loan agreement I signed at the time the loan was taken out, I tried to reclaim as per the guide on this website, namely that:

“If your policy ended over six years ago and you have the paperwork: Reclaim, although your chances of success are reduced, as it will depend on what you can remember about the sale.”

The loan in question was replaced by a further Alliance & Leicester loan, which they have already admitted to mis-selling and have paid out my reclaim. There is no real difference with regards to how the loans were sold – the paperwork for both looks the same and I wasn’t aware I had taken out the insurance with either loan until the subject of PPI mis-selling came to light in the media.

I’m not sure what, if anything, I should do next?

With regards to what I can remember about the sale, I can send them a copy of the paperwork which proves that the loan was sold with PPI, I can also prove to them the period the loan ran for. In addition, I can highlight the fact that the replacement loan was mis-sold. However, is this likely to change their mind?

The closing paragraph of their rejection letter says that my complaint will remain open for 8 weeks, so does give me the option to try again.

bridle

Hi All,

I took out 3 loans from welcome finance in 2002 and as this was before there registration with the financial ombudsman i cannot take the complaint to them.

As the 6 years was drawing very close i had to issue my claim before the 6 years was up.

Welcome are defending the case, the ppi on all 3 loan amounts total £1343.16. + £483.90 interest

My main claim is that the ppi was missold due to me having a pre-existing medical condition and also that i was told by sales woman that the insurance was no longer optional and that i had to have the ppi or no loan and was also told if i cancel the ppi they will increase the interest rate.

They are saying as i cant prove this and i signed the agreements and all there agreements say ppi is optional and therfore my claim will not suceed.

The saleswoman also never once mad it clear that i would be paying interest on the ppi amounts.

Does anyone have any advice or tips so i can get back the money as it looks like they are gonna win yet they were the one who ripped me off.

Thanks

Wayne

di3004

bridle wrote: »

Hi All,

I took out 3 loans from welcome finance in 2002 and as this was before there registration with the financial ombudsman i cannot take the complaint to them.

As the 6 years was drawing very close i had to issue my claim before the 6 years was up.

Welcome are defending the case, the ppi on all 3 loan amounts total £1343.16. + £483.90 interest

My main claim is that the ppi was missold due to me having a pre-existing medical condition and also that i was told by sales woman that the insurance was no longer optional and that i had to have the ppi or no loan and was also told if i cancel the ppi they will increase the interest rate.

They are saying as i cant prove this and i signed the agreements and all there agreements say ppi is optional and therfore my claim will not suceed.

The saleswoman also never once mad it clear that i would be paying interest on the ppi amounts.

Does anyone have any advice or tips so i can get back the money as it looks like they are gonna win yet they were the one who ripped me off.

Thanks

Wayne

Hi there Wayne.

I am in that position here too hun, my loan with Endeavour were taken out in 2004 they were not regulated where the FOS will not look into these cases, it was that of Jan 2005 where the FSA regulators came in and some firms were then regulated by GISC before that, but not all. If yours was under GISC then hun, this can be looked at by the FOS, I would double check your paperwork.;)

Endeavour were the providers of the product, but it was arranged by a third party broker 'click financial' who were not regulated either, but these have since dissolved in 2006 (Click that is), I have found out by going through the paperwork that endeavour were linked to HSBC group and Click were linked to the HFC bank where these were regulated from DEC 2001, so I am now going to pursue through these and see what happens.

Not sure if you have had the chance to go through these threads Wayne hunni but there are ways around this before thinking of the court route, you will recieve good advice from these helpful lot here who will advise you on your best options to take.;)

Have you checked through all the paperwork any linked companies, you may be able to pursue through them if regulated.

If you go back on one of my threads, about Endeavour, maybe a page or 2 away I have been given some excellent advice, Tiggrae has the link for section 75, CCA act 1974, may be worth you checking on that.;)

I'm sure someone will get back to you on this, but don't give up, we will get there in the end, no matter what.;)

Di
xx

kpwll

Hi di3004,
I had a Final Response letter from Lloyds that, like your's, stated if there was any other information etc to get back in touch with them. This I did, my 'reconsider letter', (all 8 pages of it) I also gave a time limit, which was passed, then sent an email, which was ignored. I then phoned them, to be told that they do not have to take notice of time limits set by their customers.
Eventually, after more emails and phone calls, I received another letter from them basically telling me NO in the same way as the first letter and not answering any of the points that I had asked them to reconsider. BUT the 1 thing to be aware of is that they considered the first letter to be their Final Response and due to their very slow reply I only had a matter of days to contact the FOS. So check what they say in their reply and be prepared to keep on at them for an answer.