PPI Reclaiming discussion Part II

bathgatebuyer

Dear all, I've now returned my AQ to the court in my claim against HBoS (Halifax credit card) and I've also submitted the Small Courts Mediation Return saying that I would be willing to try this to resolve the ongoing dispute. Apparently there's 5 weeks or so given for the parties to try mediation which I'm keen to do as this may encourage the Halifax to take this seriously as opposed to fobbing me off which they have been doing thus far.

cscarlsson

tiggrae wrote: »

when did you take out the loan / ppi ?

We took out the loan on 22nd January 2007.

bathgatebuyer

Elsie2 wrote: »

marluc wrote: »

Hi all. Just wanted to let you all know that following my court hearing on Tuesday, i waited from 9.30 until 12.30 before seeing the judge and despite him being lovely he wouldn't hear the details of the case as he believed the statue of limitations applied. I was allowed to put across my argument about why i disagreed and i tried to explain the act i understood it but he advised very nicely that as far as he was concerned, it was outside the 6 years even though i exlpained that between the last payment made in September 2002 and the date of my first letter to the bank being in November 2007, i believed this was within the 6 years. He advised however that as far as he was concerned, although i had made a payment in September 02, the debt itself hadn't been acknowledged by the bank and that he was also using the start of the court process rather than when i had initiated the complaint with the bank as the final date (loan taken June 01-court process started March 08). So, long story short, the bank won. The judge did say however, that he was grateful he didn’t have to adjudicate the case as he could completely understand the bitter taste that was in my mouth and although it wouldn’t directly help me, the current OFT ruling will help people in the future. Ah well, live and learn.

Elsie, gutted for you. I think it's a complete negation of their resposibiliies to the customer for any bank to behave in this way towards their customers something which highlights them for the unscrupulous sharks they are.

I'm interested in what your experience was with the Limitations Act as my claim against the Halifax is in relation to PPI I was paying until 2006 on a still live account, but for which the CCA was signed in May 01. They say that the Limitations Act is in force as it is longer than 6 years ago, and therefore, they shouldn't be liable for anything arising out of this.

Does the recent payments of premiums as well as my awareness of the mis-sale in 2006 negate this? Would be interested to hear your and other MSEr's comments.

Thanks in advance.

GhostHunter_3

I know I have posted this elsewhere but as this seems to be a more relavant thread to get replies I thought I would try in here as decision time is running out. Sorry, I do also have other similar threads but the questions are different.

HELP ME PLEASE! I need some advice urgently as don't know what to do or where I stand.

I have been on Incapacity Benefit since November 2007, it was made long term in January this year (review in November 08). I have 4 Credit Cards all of which I have been keeping up minimum repayments using savings I had put aside for a rainy day.

However these savings became depleted a month or so ago and I am now struggling to find the minimum repayments and being hassled by the Credit Card Companies.

Other than the 4 credit cards and the Lloyds Loan (see other post if needs be entitled: Lloyds TSB - aarrgghh please help me!), I also have a couple of 'finance loans' from past essential purchases made at Currys, all on-top of the day to day household and shopping bills! CCCS arn't much help as I have explained.

I am having to repay everything on an income based on Working Tax Credit and Incapacity Benefit each month. We do get help with rent and council tax thankfully, but not enough to free up finances even more. Husbands self emplyment doesnt bring in enough peanuts.

I dont mean for anyone to take pity on me its just I don't know what to do and just want to sort my debt problems out responsibly (as I am not an ostrich) for a better finacial retirement!

I have explained to them all what I said above and they have almost all offered to help in 2 ways which are:

1 - Go on a repayment plan, where they can look into freezing interest and taking an agreed set monthly repayment based on my finacial circumstances.

or

2 - Fill in a claim for PPI. Which I don't understand what will happen if it is accepted.

I now have the forms from the Credit Card companies to proceed with both. However I am a little overewhelmed by what choices I should take and what consequences they could / would have for me or my credit files.

I have also looked into getting help with the CCCS but their reccomendations didnt suit me and didn't seem to help me either! Basically I was given 2 options, one was to go bankrupt the other was to pay just £1 as a token gesture on a 'low start payment plan'. Choice 1 would affect my husband's business and my future employment (I was previously also Self Employed with my husband). The second option, although giving me more money to live on would make paying off my debts longer and more expensive, and more hassle from Crdit Card Companies.

Anyway back to my choices Repayment plan vrs PPI claim?

I have just had a :eek: scary thought whilst typing this that I am not even qualified for PPI (even though I have been paying all 4 policies since accepting the Credit Cards) due to the fact that not only was I Self Employed at the time but the condition I am on Incapacity Benefit for at the moment was a pre-existing condition, prior to the policy start date.

There goes any idea of reclaiming mis-sold PPI. :mad:

As some may note I also have PPi on a loan from Lloyds TSB and am again unsure if this is still valid anyway. If I have arrears on a loan due to Direct Debits being cancelled in error am I still covered by PPI?

Sorry if this is confusing (thinking by fingers lol), tried to keep it simple.

Can anyone help me here?

Thanks

marshallka

di3004 wrote: »

Here I checked out a bit of info regarding Click Finance:


http://www.bview.co.uk/listing/0924949/Click-Finance-Ltd

When pressing on some links of there's it does not disclose a lot as this is regarding an Equifax report.

Is it click finance or click financial limited??

marshallka

GhostHunter wrote: »

I know I have posted this elsewhere but as this seems to be a more relavant thread to get replies I thought I would try in here as decision time is running out. Sorry, I do also have other similar threads but the questions are different.

HELP ME PLEASE! I need some advice urgently as don't know what to do or where I stand.

I have been on Incapacity Benefit since November 2007, it was made long term in January this year (review in November 08). I have 4 Credit Cards all of which I have been keeping up minimum repayments using savings I had put aside for a rainy day.

However these savings became depleted a month or so ago and I am now struggling to find the minimum repayments and being hassled by the Credit Card Companies.

Other than the 4 credit cards and the Lloyds Loan (see other post if needs be entitled: Lloyds TSB - aarrgghh please help me!), I also have a couple of 'finance loans' from past essential purchases made at Currys, all on-top of the day to day household and shopping bills! CCCS arn't much help as I have explained.

I am having to repay everything on an income based on Working Tax Credit and Incapacity Benefit each month. We do get help with rent and council tax thankfully, but not enough to free up finances even more. Husbands self emplyment doesnt bring in enough peanuts.

I dont mean for anyone to take pity on me its just I don't know what to do and just want to sort my debt problems out responsibly (as I am not an ostrich) for a better finacial retirement!

I have explained to them all what I said above and they have almost all offered to help in 2 ways which are:

1 - Go on a repayment plan, where they can look into freezing interest and taking an agreed set monthly repayment based on my finacial circumstances.

or

2 - Fill in a claim for PPI. Which I don't understand what will happen if it is accepted.

I now have the forms from the Credit Card companies to proceed with both. However I am a little overewhelmed by what choices I should take and what consequences they could / would have for me or my credit files.

I have also looked into getting help with the CCCS but their reccomendations didnt suit me and didn't seem to help me either! Basically I was given 2 options, one was to go bankrupt the other was to pay just £1 as a token gesture on a 'low start payment plan'. Choice 1 would affect my husband's business and my future employment (I was previously also Self Employed with my husband). The second option, although giving me more money to live on would make paying off my debts longer and more expensive, and more hassle from Crdit Card Companies.

Anyway back to my choices Repayment plan vrs PPI claim?

I have just had a :eek: scary thought whilst typing this that I am not even qualified for PPI (even though I have been paying all 4 policies since accepting the Credit Cards) due to the fact that not only was I Self Employed at the time but the condition I am on Incapacity Benefit for at the moment was a pre-existing condition, prior to the policy start date.

There goes any idea of reclaiming mis-sold PPI. :mad:

As some may note I also have PPi on a loan from Lloyds TSB and am again unsure if this is still valid anyway. If I have arrears on a loan due to Direct Debits being cancelled in error am I still covered by PPI?

Sorry if this is confusing (thinking by fingers lol), tried to keep it simple.

Can anyone help me here?

Thanks

Sounds like you are in trouble but a trip to Citizens Advice might be worthwhile to you. Don't go to one of the debt companies from the internet as a lot of these are after making "something" from you.

Where you say the ppi on a loan from TSB. If it was still in force then surely you would be using it or applying to use it for your incapacity. If you were already on incapacity then you did not need it or is it in your husbands name?

You can make a claim for misselling of the ppi but when was the loan taken out and we need a bit more info about the loan/ppi. Dates, whether it was an upfront payment, how long it lasted. There are plenty that can help here with that aspect of your query but as regards the debt advice then i would get someone from Citizens Advice to take a look.

di3004

marshallka wrote: »

Is it click finance or click financial limited??

Its been known under both hun, but there is also a company called Click group, who have taken over these, (different management).;)

tiggrae

cscarlsson wrote: »

We took out the loan on 22nd January 2007.

You should have no trouble taking your complaint to the Financial Ombudsman Service then, just download a complaint form from their website

tiggrae

marshallka wrote: »

Sounds like you are in trouble but a trip to Citizens Advice might be worthwhile to you. Don't go to one of the debt companies from the internet as a lot of these are after making "something" from you.

Where you say the ppi on a loan from TSB. If it was still in force then surely you would be using it or applying to use it for your incapacity. If you were already on incapacity then you did not need it or is it in your husbands name?

You can make a claim for misselling of the ppi but when was the loan taken out and we need a bit more info about the loan/ppi. Dates, whether it was an upfront payment, how long it lasted. There are plenty that can help here with that aspect of your query but as regards the debt advice then i would get someone from Citizens Advice to take a look.

To be honest, I'd go for the freezing of the interest and a repayment plan, I don't think you'll be able to make a claim against your ppi so I'd cancel the PPI elements and reclaim against them all as they should never have been sold to you due to your pre-existing condition - also when you were self employed did you pay any National Insurance ?

GhostHunter_3

Sounds like you are in trouble but a trip to Citizens Advice might be worthwhile to you. Don't go to one of the debt companies from the internet as a lot of these are after making "something" from you.

Where you say the ppi on a loan from TSB. If it was still in force then surely you would be using it or applying to use it for your incapacity. If you were already on incapacity then you did not need it or is it in your husbands name?

You can make a claim for misselling of the ppi but when was the loan taken out and we need a bit more info about the loan/ppi. Dates, whether it was an upfront payment, how long it lasted. There are plenty that can help here with that aspect of your query but as regards the debt advice then i would get someone from Citizens Advice to take a look.

Hi Citizens advice cant help much their hands are tied. CCCS Are free and dont make off anyone, they were reccomended by CAB and on here not only by others but by MSE advice.


Im a little scared to cancel the PPI incase I will ever need it (this sounds really stupid thinking of it now) what happens if I have no PPI insurance and I cant pay??! Looks like I am going to claim or cancel it anyway.

Lloyds loan is my responsibility even though its a joint loan I have to re-pay it. Therefore I was put foward for PPI (unknowingly at the time).

PPI is paid monthly I assume on top of the loan repayment - how would I figure out whethr its ongoing or lump sum payment for PPI?




:beer:

tiggrae wrote: »

To be honest, I'd go for the freezing of the interest and a repayment plan, I don't think you'll be able to make a claim against your ppi so I'd cancel the PPI elements and reclaim against them all as they should never have been sold to you due to your pre-existing condition - also when you were self employed did you pay any National Insurance ?

Hi Yes I was paying NI for myself whilst self employed.

Many many thanks. :T

H