PPI Reclaiming discussion Part II

marshallka

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

You will have to go the courts route. There are plenty on here that can guide you through. Someone will be along soon i am sure.

tiggrae

chipbeck wrote: »

You've answered a question I was going to ask.

I'm going to go straight down the court route with the wifes debenhams card as it is fro 1996. Plus I'm hoping when a judge sees her evidence and the fact that they don't have any she should win.

Hi Sorry to tell you this but you could find your claim is Statute Barred (ie under the Statute of Limitations you have only 6 years in which to make a claim)

tiggrae

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

what did you put on your particulars of claim and has a hearing date been set yet ?

tiggrae

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.

I think you need to start again with your complaint against Northern Rock, you want all the premiums you've paid to date repaying to you and the remainder knocking off - you clearly have a case for mis selling just stick to your guns - and remember you'll NOT alone, you've always get help and encouragement from on here !!!

tiggrae

**AquariausAngel** wrote: »

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

Good luck, but unfortunately I know them only too well, they won't pay up unless you start court proceedings

tiggrae

akery wrote: »

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.

I would do everything you've said, but unfortunately you'll probably run into the fact that you claim would be classed as statute barred as it's gone beyond the 6 years - but as you've still got the paperwork and they've admitted mis selling on the 2nd loan you may get lucky !

di3004

kpwll wrote: »

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.

Hello there Kpwll,

Sorry to hear of your experience with these.
I was unfortunate like yourself too, and they do not believe in deadlines do they ?:mad:
Mine has now gone to the FOS received the letter from these today to inform me they will be passing on to the adjudicator in due course.

Hubby having same problems too, so email wise they do not always respond and where they do its the same comments such as 'they will get someone to contact as soon as possible', I have saved all emails sent and whatever received, already passed on mine to the FOS with the complaint form and will be doing the same with hubby's too.

Good luck with yours hun, hope this is resolved very soon.;)
Di.
xx

tiggrae

kpwll wrote: »

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.

JUST A NOTE TO EVERYONE - IF YOU'VE MADE A CLAIM AND IT'S BEEN REJECTED IT'S VERY UNLIKELY WHOEVER THE CLAIM IS AGAINST WILL MOVE ON THAT POSITION - SO WRITING A 2ND, 3RD OR 4TH LETTER IS A WASTE OF A STAMP - EITHER TAKE YOUR COMPLAINT STRAIGHT TO THE OMBUDSMAN (IF WITHIN THEIR JURISDICTION TIMEFRAME) OR START PROCEEDINGS - OTHERWISE YOU'RE JUST WASTING TIME !!!!!

marshallka

tiggrae wrote: »

Hi Sorry to tell you this but you could find your claim is Statute Barred (ie under the Statute of Limitations you have only 6 years in which to make a claim)

This statute of limitations really annoys me. If you owe money and its secured then you can be contacted up to 12 years but when its the other way round its 6 years. Again, one rule for one and one for another. Or is it not statute barred if its secured at 6 years???? I would argue that one.

Tiggrae, have you ever known a case where that argument has been thrown in.

tiggrae

marshallka wrote: »

This statute of limitations really annoys me. If you owe money and its secured then you can be contacted up to 12 years but when its the other way round its 6 years. Again, one rule for one and one for another. Or is it not statute barred if its secured at 6 years???? I would argue that one.

Tiggrae, have you ever known a case where that argument has been thrown in.

To date I haven't but that's not to say it hasn't happened. It's the same with bank charges reclaims - limited to 6 years