PPI Reclaiming discussion Part II

bathgatebuyer

di3004 wrote: »

Brilliant - good luck hunni.:D .

Di.
x

Cheers The 15th is pay day for me and I usually spend the first weekend after it paying bills and things online. Today I finally got round to sending letters to Halifax and Sainsburys that my accounts should be 'on hold' at the moment as there is an ongoing dispute (one in court and one with the FOS) and according to the Administration of Justice Act 1970 and the OFT Guidance on Debt Collection, they should not be adding charges or interest while the account is in dispute. I've been making token payments to make sure they don't do what the Halifax did when I was pursuing my bank charges reclaim and serve a default on me as that took about 6 months and being taken to the brink of a breakdown to resolve. So, I'm at least fending off their Collections Team and bad info going to CRAs (as the whole HBOS organisation don't know their CCAs, OFT Guidance or legislation from their elbows!

So, if they pay me back the interest that has accrued in the time that these two accounts have been in dispute, I should see £200 or thereabouts refunded to my credit cards. I'm not counting on it though as nothing is straightforward about dealing with HBOS.

marshallka

bathgatebuyer wrote: »

Thanks to Tiggrae, I've now prepared my Request for Further Information using CPR 18. Most of it relating to looking for copies of info as to how HBOS manages documents and procedures in place to ensure compliance with legislation over mis-selling. Also asked for a CCA under the 1974 Act which actually has the prescribed terms in it, as what they've sent me doesn't.

Are you after the exact makeup of loan contract .

Regulations 1983 ("the 1983 Regulations") which set out specific
requirements as to the form and content of regulated agreements made
prior to 31st May 2005.

M colak emailed me these so if you need a copy just let me know.

di3004

neverendingdebt wrote: »

Hi i have a claim in with lloyds for PPI and have received a standard reply saying no but mentioning that they were not under the financial ombudsman when my loan was taken out (2002) but having a look at the terms and condition of our PPI is states on it that if we wanted to make a comlaint we can complain to the financial ombudsman. Does any one know how can this be if they were not covered by them.

Hi there hun.
Do not leave this there, I'm sure the FOS can look at this, the FOS have already recieved both mine and hubby's complaints regarding ppi against Lloyds TSB which is now waiting for allocation to the adjudicator, or they would have sent my documents back to me by now.
Our complaints are about the year 2001 and 2004.

Unless someone can correct me otherwise, but when we received the final response from Lloyds TSB they also disclosed the leaflet (Financial ombudsman), if they do this hun go for it but I would go for it anyway.;)

All the best
Di.
x

marshallka

neverendingdebt wrote: »

Hi i have a claim in with lloyds for PPI and have received a standard reply saying no but mentioning that they were not under the financial ombudsman when my loan was taken out (2002) but having a look at the terms and condition of our PPI is states on it that if we wanted to make a comlaint we can complain to the financial ombudsman. Does any one know how can this be if they were not covered by them.

That is strange. Was that a recent copy of the terms and conditions that you have requested or a copy that you had from the original loan?

Were Lloyds members of GISC at the time of your loan??

neverendingdebt

Thanks you for the replys. The T&C were attached to the Borrowers Advanced Copy we got back in 2002. Not sure though if it refers to a complaint with the actual underwriters Financial Isurance Company Limited rather than Lloyds. The document is rather faded but it clearly gives the address for the FOS. As for the GISC i am sure I have seen that written on one of the documents we, will go looking for it I am currently surronded by paperwork.

marshallka

If Lloyds were members of GISC and your insurance complaint is within 6 years then you should be able to go to the FOS with your complaint.

I would definately ring up the FOS and ask if Lloyds were GISC members and also at what date it was. (they will tell you straight away)

Post the date on here too, it might help other people.;)

marshallka

We need our own GISC register on here from information gathered from our complaints to FOS.

di3004

I am baffled about the Lloyds TSB issue above, because my mine in is right now is in with the FOS, and when we received our final response (mine & hubby's) they had added on the letters that if we were not satisfied and that was their final response we had a right to complaint to the financial ombudsman service.....:rolleyes: , so I'm sure they were covered to even send this with a leaflet.;)
(or have i mis-read the post) ?:rolleyes:

marshallka

di3004 wrote: »

I am baffled about the Lloyds TSB issue above, because my mine in is right now is in with the FOS, and when we received our final response (mine & hubby's) they had added on the letters that if we were not satisfied and that was their final response we had a right to complaint to the financial ombudsman service.....:rolleyes: , so I'm sure they were covered to even send this with a leaflet.;)
(or have i mis-read the post) ?:rolleyes:

I think they HAVE to tell you that you have a right to complain. I remember reading it on the complaints thing on the FSA site. All companies have to give you a leaflet and the option to complain. I can just see half of them sniggling away when they KNOW you don't have a leg to stand on.:mad: :mad: (Dispute Resolution FSA)

MTAJ

di3004 wrote: »

Hi there.

I see what you saying hun and realistically the repayments will not come down by that much, unfortunately which is very disappointing, where you will still be paying back at a high cost.

May I ask when you had this loan and who with ?

If you believe you were mis sold the ppi you could try to also reclaim this back, they obviously pushed the ppi amount in with the loan as a front loaded policy.

I would try to think back to when you had this loan, any documents you have on this check it out, if you assumed the ppi had to be taken to have the loan then obviously you can also class this as mis sold.

There is some explanations on here where above it states in red "reclaim £1.000's", check through that list and if you think you have grounds to reclaim I would go for it.
And not only that if successful this will bring down quite a chunk off your loan, as you loan is still in force.;)

If you want further help & info hun, get back and we will help guide you from here.;)

Di.
x

Thank you for the reply, I got the loan in sept 07 from a company called Blemain I dont think I could say it was misold. They didnt say I couldnt have the loan without the policy so im not sure what to do with this. It covers me for 3 years out of 5 but you still pay for 5 years and its a lot of money for that two years Can I do anything about it being this loan when the interest is calculated upfront?