PPI Reclaiming discussion Part II

tiggrae

isthisamiracle wrote: »

Please can anyone give me a little direction about were to go next. I have sent and recieved a letter back from abbey, regarding a complaint for mis-selling based on the sales person on the telephone were I made the application advising me to take ppi. I signed the agreements that were sent to me following the telephone call to take out ppi. They are refusing to refund my ppi, but will cancel it following my request. They say I was given the correct information, no evidence to say they would have not followed their procedure and that I signed the document , which was optional and had not informed them within the time limit or since to say I was unhappy with it. They say they have not got a recording of the conversation on tape has they do not keep recordings for longer than necessary. (The loan started nearly a year and half ago.) They have requested if I am not happy to go to the Finacial Ombudsman. What do I do now!

go to the Financial Ombudsman !! You can download a complaint form from their website

tiggrae

pumpkin25uk wrote: »

wrote to the bank last year ago trying to claim back my ppi on a credit card, the bank wrote back to me and basically the letter said no chance, so i took it to the F ombudsman,after 12 months of waiting i got this letter from F ombudsman, this morning. the bank of scotland is accepting no liability for mis selling me ppi on a credit card.
however they are making a goodwill gesture, which goes like this=
"pay compensation equivalent to the total of the amounts you have paid in respect of the ppi premuims and interest charged to you on the loan of any amount to pay these premiums."
"pay to you interest at 8% simple per annum on the amounts you have paid in respect of the premiums from the date each payment was made to the date the compensation is paid."
if i would like to accept this offer please sign and date form enclosed.
is that a fair offer and can i celebrate!!

problem is i'm not sure exactly how much is owed, the credit card was taken out about 10 years ago, are the halifax likely to pull a fast one. how can i find out an exact figure owed to me?
appreciate any feedback thanks

I don't think they would in front of the ombudsman, but what you can do is request a breakdown when they give you a final figure

tiggrae

dave3761 wrote: »

Thank you Di

I have all my paperwork luckily it's just a bit daunting when you take on these big companies and it's really good to see the support everyone gives to each other on here. I have sent the very first template letter which basically just outlines my complaint and why I feel it was mis sold. We'll see what they say but I am not going to give up on this, 12grand is the figure without interest god knows how much they will take if you include the interest. Unbelievable! I can't afford to kiss goodbye to 12k without a fight. So sleeves up and here we go!!!!

Will post when they eventually bother to reply.

Dave

you can attack on either one of two fronts - either the mis selling angle (which if you win you're entitled to statutory interest on top) are on the cashback - asking them what contract term are they relying upon by which they haven't given you YOUR money back - if there is a contact term you can state you believe it to be an Unfair one under the Unfair Consumer Contract Terms Regulations 1999. As it's 5 years ago I'd make it a combined complaint - thereby, if you don't win on one you have the option to pursue the other - otherwise you could fall foul of the 6 year statute of limitations

pinksteven

This is my first ever posting on the forums so please let me know I have posted in the wrong place?

I have a loan with Marks & Spencers on which I took out PPI cover, I can't recall the exact conversation I had with the customer service executive..

After reading Martins email about reclaiming PPI, I decided to have a go myself so wrote to Marks and Spencers using the templates provided on this site.

I have now received a letter stating they are not going to repay because:

They have listened to the telephone conversation and confir that the advisor asked a series of questions in order to establish if I was eligable for ht einsurance. The advisor then went on to state the the insurance was included in the quote.

When discussing the insurance the advisor gave a full explanation of what the policy covered you for and your cancellation rights. Full cancellation details were given on the loan documents. By signing the overall loan agreement, & the appropriate insurance section you therefore confirmed that you had read and understood all the T's & c's of the cost of PPI and interest.

On this basis we could not look to refund the premiums I paid as the advisor was fully compliant on the call..

Sorry if that was a bit long winded?

Does anyone know where I now stand? Is this the end of the case or can I still try and reclaim? Also can I now cancel my monthly PPI?

Hope someone can help?

:beer:

Pinky

di3004

pinksteven wrote: »

This is my first ever posting on the forums so please let me know I have posted in the wrong place?

I have a loan with Marks & Spencers on which I took out PPI cover, I can't recall the exact conversation I had with the customer service executive..

After reading Martins email about reclaiming PPI, I decided to have a go myself so wrote to Marks and Spencers using the templates provided on this site.

I have now received a letter stating they are not going to repay because:

They have listened to the telephone conversation and confir that the advisor asked a series of questions in order to establish if I was eligable for ht einsurance. The advisor then went on to state the the insurance was included in the quote.

When discussing the insurance the advisor gave a full explanation of what the policy covered you for and your cancellation rights. Full cancellation details were given on the loan documents. By signing the overall loan agreement, & the appropriate insurance section you therefore confirmed that you had read and understood all the T's & c's of the cost of PPI and interest.

On this basis we could not look to refund the premiums I paid as the advisor was fully compliant on the call..

Sorry if that was a bit long winded?

Does anyone know where I now stand? Is this the end of the case or can I still try and reclaim? Also can I now cancel my monthly PPI?

Hope someone can help?

:beer:

Pinky

Hi there.;)

Personally I would ask them for your own copy of the telephone conversation, they may be trying to scare you off and not realising that you may think of asking for a copy.

If there is a problem with them not giving this, I know many would sent a subject access request (SAR) but this will cost you £10 in cheque payment.
Its entirely up to you but if you have ALL the paperwork on hand already that should be fine and will save you a tenner.
I found very useful information on some of my SAR's which I feel will help me when I go to the FOS route if I have to, one complaint has already gone in to the FOS, waiting for some response on others, but have also won a few cases since last year.

If you do have all the paperwork, just write back and request that they send you a copy of the telephone recordings for your ease of mind.
If they do not do this then it would make me think its all made up what they said !

Did they state it was their final response ?

If its the first letter hun, its more than likely a standard fob off template they use, so don't give up.;)

Others here will also advise you of your best options here.

Good luck.
Di.
xx

di3004

pumpkin25uk wrote: »

wrote to the bank last year ago trying to claim back my ppi on a credit card, the bank wrote back to me and basically the letter said no chance, so i took it to the F ombudsman,after 12 months of waiting i got this letter from F ombudsman, this morning. the bank of scotland is accepting no liability for mis selling me ppi on a credit card.
however they are making a goodwill gesture, which goes like this=
"pay compensation equivalent to the total of the amounts you have paid in respect of the ppi premuims and interest charged to you on the loan of any amount to pay these premiums."
"pay to you interest at 8% simple per annum on the amounts you have paid in respect of the premiums from the date each payment was made to the date the compensation is paid."
if i would like to accept this offer please sign and date form enclosed.
is that a fair offer and can i celebrate!!

problem is i'm not sure exactly how much is owed, the credit card was taken out about 10 years ago, are the halifax likely to pull a fast one. how can i find out an exact figure owed to me?
appreciate any feedback thanks

Hi there.
Normally the ombudsman will request a copy of their calculations.;)

When winning my case they did this and the FOS will or should check this for you.
If you unsure, perhaps a phone call or email to the FOS or whoever is dealing with the complaint may be able to reassure you on this.;)

Well done anyway, in fact I have one in with the FOS right now regarding my CC PPI.;)

Di.
xx

pumpkin25uk

thanks for the replies, i shall get on to the ombudsman mon morning. still in a bit of a tiz, this has been going on for nearly a year, the money couldnt have come at a better time!:j

di3004

pumpkin25uk wrote: »

thanks for the replies, i shall get on to the ombudsman mon morning. still in a bit of a tiz, this has been going on for nearly a year, the money couldnt have come at a better time!:j

Yes it does seem to have taken a good while I agree, my loan PPI case was also over a year by the time the money was paid out.
Fingers crossed it will be soon enough for you.

I know a letter before action can be used, (LBA), but before I sent mine I made sure it was okay with the FOS first, and they requested a copy for their records.
Maybe you could also check on this with your ombudsman and see what he has to say.;)

All the best
Di.
xx

m.colak

sparky0107 wrote: »

Hi everyone,
Got the response below from m.colak regarding post for my brother. Does anyone know if there is a template letter which covers the reclaim of the application assessment, which apparently they should not have charged my brother?

Originally Posted by sparky0107
Morning everyone,
Finally got my brother on board with reclaiming, hes received his SAR back from igroup, on the paperwork there is a "brokers" fee of £1500 & also a "lenders application assessment & competion cost" of £500. Does anyone know what this means?

Thanks in advance

m.colak replied with

Hi Sparky,

the brokers fee means that they are liable and responsible for the mis-sold ppi policy and it means that when you reclaim you send all letters to them. The application assessment is purely a loan setup fee and you should NOT have paid this as additional as they had already received a brokerage fee and as such weren't involved in the actual processing of the loan.

Once again thanks in advance for any help.

Also found the Associates are now owned by citibank, thans di

Hi sparky,

I don't think there is any documentation on this. However i would write to the company and ask for clarification. Surely the application comes into the brokerage fee else why are you paying them a broker fee in the first place. Its usually one or the other not both. Hope this clears it up a little better.

m.colak

dazzer26 wrote: »

thank you agin for you help the second loan included a further advance to settle some other debt so am i right in thinking they have withheld the rebate information in order to lend it back to me as part of the further advance if i had got the rebate as a cheque then the second loan would have been 11k less than it was.

Yep you are spot on. If you had been told of the rebate no doubt you wouldn't have needed to borrow as much therefore its non-disclosure. I don't know how you would go about fighting this as you have already accepted the money and therefore possibly you could see you actually received more than they originally quoted.