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PPI Reclaiming discussion Part II

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  • cobster
    cobster Posts: 67 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hi there. Wonder if anyone can give me some advice. I have had a M&S chargecard which was then changed into an &More card. I noticed that I was being charged for PPI - something that I have never taken out before, indeed all loans have been without PPI. I remember seeing originally on statements about "card protection payment" which I believed to be a scheme where if I lost a card I was covered. Anyhoo, I got in touch with M&S and some letters went to and fro - basically they do not have a copy of my original application form so cannot prove to me that I knowingly opted into PPI (I would imagine it was one where you had to opt out). They also say that as it was in place for such a long time that I obviously knew I had it. I pointed out that having been through two periods of redundancy if I had known about it I definitely would have claimed. I also became self employed back in 2003 so the policy would be useless since then anyway. They turned down my claim. So I took it to the Ombudsman who has written back to say that it looks like I had advice through an Independent Financial Advisor and therefore is outside of their jurisdiction. I want to write back because that is definitely not the case and I feel that they can't have read my form and attached correspondence properly to have come to that conclusion. Any thoughts on how to respond?
  • di3004
    di3004 Posts: 42,579 Forumite
    cobster wrote: »
    Hi there. Wonder if anyone can give me some advice. I have had a M&S chargecard which was then changed into an &More card. I noticed that I was being charged for PPI - something that I have never taken out before, indeed all loans have been without PPI. I remember seeing originally on statements about "card protection payment" which I believed to be a scheme where if I lost a card I was covered. Anyhoo, I got in touch with M&S and some letters went to and fro - basically they do not have a copy of my original application form so cannot prove to me that I knowingly opted into PPI (I would imagine it was one where you had to opt out). They also say that as it was in place for such a long time that I obviously knew I had it. I pointed out that having been through two periods of redundancy if I had known about it I definitely would have claimed. I also became self employed back in 2003 so the policy would be useless since then anyway. They turned down my claim. So I took it to the Ombudsman who has written back to say that it looks like I had advice through an Independent Financial Advisor and therefore is outside of their jurisdiction. I want to write back because that is definitely not the case and I feel that they can't have read my form and attached correspondence properly to have come to that conclusion. Any thoughts on how to respond?

    Hi there Cobster.

    Seems like they have automatically added this without your authorisation, I would request an SAR (Subject Request Assess), its worth paying a cheque payment of £10, I believe there will be templates on this site, any probs let me know, but with this request they will and should send you EVERYTHING, from that actual account from the very first day you were sold this.;)
    The information should arrive within 40 days deadline from on the day they receive the request.
    If you cannot find the template, please let us know, one of us will supply this to you.;)

    I also advise to send this by recorded delivery hun, that way you can track this down on the tracking system on the Royal Mail Website, and of course they cannot deny receiving this, and keep an eye on the calendar, mark the 40 days of when the deadline date is due, but a fortnight before if you have not received it you can also send them a reminder.;)

    Di.
    xx
    The one and only "Dizzy Di" :D
  • leedspete_2
    leedspete_2 Posts: 163 Forumite
    Part of the Furniture Combo Breaker
    cheers mcolak for quick response
  • marshallka
    marshallka Posts: 14,585 Forumite
    pm'd you something m colak. thanks
  • m.colak
    m.colak Posts: 1,087 Forumite
    snash67 wrote: »
    hopefully someone can help me with this. i had/have a lloydstsb credit card. when i ran into difficulties some time ago they closed the account. obviously i still have to pay the outsatnding balance. when i checked my t&c's i noticed that when the account was closed any insurance (ppi) was invalidated, when i challenged this they said no refunds were due but they would stop charging the premiums. question is do i have a claim?

    When the insurance becomes invalid it is at this point that you should not have paid anymore premiums and it is this figure onwards that you can reclaim. Unfortunately your previous PPI was still valid until you breached the terms and conditions of the card. I would investigate the terms and conditions and ensure that yes you were covered in all circumstances originally as this is the only way that you could possibly reclaim your previous premiums.
  • di3004
    di3004 Posts: 42,579 Forumite
    Hi folks.;)

    Just wondering out of curiosity really, but has anyone ever tried requesting a SAR (subject assess request) from the loan providers Insurers ?
    Any luck ?

    I am not sure if these would be of any help or so but can't remember where I read this from but someone was advised to try to pursue their ppi claim through these due to the loan company not being regulated at the time but the insurers was.....:confused: , so I am interested to find out more information on this if possible, cheers folks.;)

    Di.
    xx
    The one and only "Dizzy Di" :D
  • bridle
    bridle Posts: 15 Forumite
    m.colak wrote: »
    When you raised the case did you state about the mis representation act 1967 in relation to the mis sold policy. If you did this would make it welcome finance's responsibility to prove that they didn't mis sell and not your responsiblility to prove that they did.

    Unfortunatly no i didnt, i did state that they sold me the PPI which was not suitable due to pre-existing medical conditions which there representative was fully aware of me pre-existing medical condition.

    Unfortunatly part of the problem was that the 6 year limit was virtually up so i had to either issue immediatly or loose the right to claim as it was the claim was issued the day before the 6 year limitation.
  • maxdp
    maxdp Posts: 3,873 Forumite
    marshallka wrote: »
    I don't know if i will get told off for this but it is friday and we all need a little cheering up so here goes. For anyone that has ever tried to worm a cat.

    HOW TO GIVE A CAT A PILL

    1. Pick up cat and cradle it in the crook of left arm as if holding a baby. Position right forefinger and thumb on either side of cat's mouth and gently apply pressure to cheeks while holding pill in right hand. As cat opens mouth, pop pill into mouth. Allow cat to close mouth and swallow.

    2. Retrieve pill from floor and cat from behind sofa. Cradle cat in left arm and repeat process.

    3. Retrieve cat from bedroom, and throw soggy pill away.

    4. Take new pill from foil wrap, cradle cat in left arm, holding rear paws tightly with left hand. Force jaws open and push pill to back of mouth with right forefinger. Hold mouth shut for a count of ten.

    5. Retrieve pill from goldfish bowl and cat from top of wardrobe. Call spouse from garden.

    6 . Kneel on floor with cat wedged firmly between knees, hold front and rear paws. Ignore low growls emitted by cat. Get spouse to hold head firmly with one hand while forcing wooden ruler into mouth. Drop pill down ruler and rub cat's throat vigorously.

    7. Retrieve cat from curtain rail, get another pill from foil wrap. Make note to buy new ruler and repair curtains. Carefully sweep shattered figurines and vases from hearth and set to one side for gluing later.

    8. Wrap cat in large towel and get spouse to lie on cat with head just visible from below armpit. Put pill in end of drinking straw, force mouth open with pencil and blow down drinking straw.

    9. Check label to make sure pill not harmful to humans, drink 1 beer to take taste away. Apply Band-Aid to spouse's forearm and remove blood from carpet with cold water and soap.

    10. Retrieve cat from neighbour's shed. Get another pill. Open another beer. Place cat in cupboard, and close door on to neck, to leave head showing. Force mouth open with dessert spoon. Flick pill down throat with elastic band.

    11. Fetch screwdriver from garage and put cupboard door back on hinges. Drink beer. Fetch bottle of scotch. Pour shot, drink. Apply cold compress to cheek and check records for date of last tetanus shot. Apply whiskey compress to cheek to disinfect. Toss back another shot. Throw tee shirt away and fetch new one from bedroom.

    12. Call fire brigade to retrieve the F****** cat from across the road and up a tree. Apologize to neighbour who crashed into fence while swerving to avoid cat. Take last pill from foil wrap.

    13. Tie the little b*****d's front paws to rear paws with string and bind tightly to leg of dining table, get heavy-duty pruning gloves from shed. Push pill into mouth followed by large piece of fillet steak. Be rough about it. Hold head vertically and pour 2 pints of water down throat to wash pill down.

    14. Consume remainder of scotch. Get spouse to drive you to the A&E Department, sit quietly while doctor stitches fingers and forearm and removes pill remnants from right eye. Call furniture shop on way home to order new table.


    5. Arrange for RSPCA to collect mutant cat from hell and call local pet shop to see if they have any hamsters.





    HOW TO GIVE A DOG A PILL

    1. Wrap it in bacon.
    2. Toss it in the air

    I thought it was hilarious.

    Thank you so much for that it has really amused me, have had to go through same with own cats. 1 takes pill in mouth no trouble the other ends up looking as though it has rabies it foams at the mouth for at least half an hour.:rotfl:
    :mad:
  • wildanna
    wildanna Posts: 38 Forumite
    hi can anyone help had my sar back from loans.co.uk got blank credit agreement terms an conditions plus cd with password which i cant open i already sent them the first 2 letters what do i do now thx
  • marshallka
    marshallka Posts: 14,585 Forumite
    wildanna wrote: »
    hi can anyone help had my sar back from loans.co.uk got blank credit agreement terms an conditions plus cd with password which i cant open i already sent them the first 2 letters what do i do now thx
    Ask for an executed copy of the agreement and also tell them that the cd will not open. You need to get back to them on this and threaten to take the complaint to ICO (Information commissioners office). Tell them that does not constitute a true executed agreement. Also were there no other papers?
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