PPI Reclaiming discussion Part II

m.colak

howburn wrote: »

Hi I need some help. My Wife had a car loan with Black Horse Finance before we were married and it has since been paid off in full. We have no details of the loan or the aggrement as it all got thrown out as we were so pleased to get it paid off. I think there may have been PPI on this loan. She also defaulted on one or two payments and I think she may have been charged for them. I have sent two letters to
Black Horse Limited
25 Gresham Street,
London
EC2V 7HN
one on the 29 Febuary and a reminder on the 8 april 2008, asking for all relivant details of the loan and its aggrement, and in particular to PPI and any extra charges she may have incured. I used one of the SAR letters from this site as yet we have had no reply.
what do I do now?
Thanks in advance Dave.

First of all did you send the letter registered??. If so you can check to see if it was received. If it was received they have 40 days to respond with the information and that time limit isn't quite up yet. You could send a hastener letter to them refering to the pervious letter and the fact that you know the £10 cheque has been cashed.

Laini

Anne.Jade wrote: »

It's on the right under a box where you sign for the loan, you have to sign twice, once for the loan and once for the PPI

FirstPlus are crafty b*****s. I asked for copies of my conversations that took place during my applications and I've just had a letter from them today enclosing conversations where the loan and ppi had already been agreed and they were just calling to complete. These are no good to me - I want to hear how pushy they were! I'm claiming that the policy shouldn't have included life cover as I had adequate cover with my death in service but they state that they recommended the insurance based on a lack of other insurance that the PPI did cover. It's not my fault they didn't have a suitable policy!

What does anyone else think, should I keep pushing?

just to reply and say thanks but a bit baffled!!
Are you talking about First Plus loan agreement cos we only signed once saying this is a credit agreement stating -sign it if you want to be legally bound by the terms.
I know they changed it between 2005 and 2006 cos someone else said the had applied and it did have a tick box in 2005 but then when they re applied in 2006 it didnt have a tick box (like ours)

I am looking into it as I am waiting for my SAR with all information on it.
will keep you posted

thanks again
Laini xxx:A

Kaia_2

m.colak wrote: »

Well the problem is that you can't force them into doing anything unless you prove without doubt that they mis sold. The SAR would give the needs and demands questionnaire as well as provide with any documents and memo sent between companies in reference to your loan. I understand what you mean that you loathe to give up at £10. You only choice is to take to the FOS with your complaint and hope they will speedily look into it. If you haven't had their final decision then write back and ask is this their final position on the matter, as you are currently pursuing advice whether to take the matter to court or not (You might be considering it who knows).

Hi mcolak
When I first wrote to broker for details they said they had none as they only kept them for three yrs so...I had to write to the lender, they sent me a copy of the Customer Credit Agreement and statements but nothing else....so none of the details as mentioned above.
As you know I have already issued my claim at the court....it is too late now to send a SAR.
Any advice please ....
Kaia
I just thought I needed the CCA and all my statements

m.colak

Kaia wrote: »

Hi mcolak
When I first wrote to broker for details they said they had none as they only kept them for three yrs so...I had to write to the lender, they sent me a copy of the Customer Credit Agreement and statements but nothing else....so none of the details as mentioned above.
As you know I have already issued my claim at the court....it is too late now to send a SAR.
Any advice please ....
Kaia
I just thought I needed the CCA and all my statements

Hi Kaia up late again i see;)

I only suggest getting the SAR if you don't have all your information or believe your case could be made stronger. I will say something though it's called CPR 18.1. Its Court Proceeding Rules 18.1 which stipulates that once a case has been raised at court then under that Rule you can request any information you think is pertenant to the case including the details of the person whom sold you the loan/product in the first place;) (of course you can't use this barr the court case) so you can still ask for you SAR plus any additional information you want. Although remember the standard charge on a SAR request is £10 (i included it for good measure so there was no excuse's). I also did this because i knew it would tie up their legal department and waste more of their vaulable time and resources and would probably pay out just for me to go away:rolleyes:.

TwinsMum_2

I have received my cheque from FirstPlus for £2083.00, £250.00 to follow for 8% interest. A huge thank you to M.Colak for helping me through this and all the others who have offered support I will stay onboard to see if I can help others. Over £9000 came off loan for misold PPI awaiting new monthly payments.:beer: :beer: :j :j :T :rotfl:

marluc

Morning everyone.
My court date has come through against Freedom Finance for the 1st July. (I had a sleepless night last night). I didn't realise I have to pay £300 to the court by the end of May
Anyway, my main worry and questions for advice off this brilliant forum are.. the court letter states to send copies of all documents to all parties. Does this mean to Freedom Finance and their solicitors as well as court? This may sound stupid, but what documents? The ones I have from when I took out the loan or do I include the relevant sections from the Acts that i quoted on MCOL eg Misrepresentation Act etc and do they mean all the letters that I wrote to Freedom Finance to try and get PPI back? Should they be sent recorded delivery?
Tiggrae did suggest previously that i should request from the solicitors -all procedures in place at the time of sale of policy to ensure they conform to good practise. I did write to them, but have heard nothing. Will they have to forward to me that info?
I'd be very grateful for any help on this one. Thanks in advance.

m.colak

TwinsMum wrote: »

I have received my cheque from FirstPlus for £2083.00, £250.00 to follow for 8% interest. A huge thank you to M.Colak for helping me through this and all the others who have offered support I will stay onboard to see if I can help others. Over £9000 came off loan for misold PPI awaiting new monthly payments.:beer: :beer: :j :j :T :rotfl:

:T:T:TCongratulation Twinsmum i am very happy for you :beer:

m.colak

marluc wrote: »

Morning everyone.
My court date has come through against Freedom Finance for the 1st July. (I had a sleepless night last night). I didn't realise I have to pay £300 to the court by the end of May
Anyway, my main worry and questions for advice off this brilliant forum are.. the court letter states to send copies of all documents to all parties. Does this mean to Freedom Finance and their solicitors as well as court? This may sound stupid, but what documents? The ones I have from when I took out the loan or do I include the relevant sections from the Acts that i quoted on MCOL eg Misrepresentation Act etc and do they mean all the letters that I wrote to Freedom Finance to try and get PPI back? Should they be sent recorded delivery?
Tiggrae did suggest previously that i should request from the solicitors -all procedures in place at the time of sale of policy to ensure they conform to good practise. I did write to them, but have heard nothing. Will they have to forward to me that info?
I'd be very grateful for any help on this one. Thanks in advance.

All information to may require to quote or utilise during your case should be sent to the solicitors of freedom finance and the court. Anything you think you'll need to quote includeing Acts etc also include as it will save the judge looking up the relevant Acts. All corresspondance between you and freedom finance which you will be quoting as evidence again include. Basically your whole case but remember to include a statement of fact - ie what has happened what you have done and what freedom finance have done. (Not what you think and use your evidence in support of the statement.)

Anne.Jade

Laini wrote: »

just to reply and say thanks but a bit baffled!!
Are you talking about First Plus loan agreement cos we only signed once saying this is a credit agreement stating -sign it if you want to be legally bound by the terms.
I know they changed it between 2005 and 2006 cos someone else said the had applied and it did have a tick box in 2005 but then when they re applied in 2006 it didnt have a tick box (like ours)

I am looking into it as I am waiting for my SAR with all information on it.
will keep you posted

thanks again
Laini xxx:A

Yeah, I had two loans with them as mentioned earlier and both Agreements are the same with the separate box to sign for the PPI, they may have changed it as you said as I think yours was after my two.

Had another look at the CD they sent me and actually the second application loan conversation was on there. I actually said to the guy "no I don't want the insurance, I am sure I could get it cheaper elsewhere" he then said "all I can say is that you won't get your premiums back after five years" so I said "ok I'll have it then". Don't know about you but I think that was pushy and made me feel that I couldn't say no. Also I was doubly covered on the life insurance side as I had life insurance and death in service benefit.

I also think that I may report FirstPlus to their regulating body for letting me have a loan over 25 years when I was due to retire in 17 years, I'm going to threaten them with this anyway as I don't think they are allowed to do that. When I remortgaged with Halifax they wouldn't let me have it over a longer term and asked how I would pay it when I retired. The Firstplus rep didn't care. I mentioned it in my letter to FP but they have totally ignored that point in their reply. This is the conversation they haven't sent me but I remember it well.

When you apply for a SAR do you just refer to it as a SAR or do you have to specifically say what information you want from them?

m.colak

Anne.Jade wrote: »

Yeah, I had two loans with them as mentioned earlier and both Agreements are the same with the separate box to sign for the PPI, they may have changed it as you said as I think yours was after my two.

Had another look at the CD they sent me and actually the second application loan conversation was on there. I actually said to the guy "no I don't want the insurance, I am sure I could get it cheaper elsewhere" he then said "all I can say is that you won't get your premiums back after five years" so I said "ok I'll have it then". Don't know about you but I think that was pushy and made me feel that I couldn't say no. Also I was doubly covered on the life insurance side as I had life insurance and death in service benefit.

I also think that I may report FirstPlus to their regulating body for letting me have a loan over 25 years when I was due to retire in 17 years, I'm going to threaten them with this anyway as I don't think they are allowed to do that. When I remortgaged with Halifax they wouldn't let me have it over a longer term and asked how I would pay it when I retired. The Firstplus rep didn't care. I mentioned it in my letter to FP but they have totally ignored that point in their reply. This is the conversation they haven't sent me but I remember it well.

When you apply for a SAR do you just refer to it as a SAR or do you have to specifically say what information you want from them?

If you check a couple of pages back you'll see that a SAR template is included from Laini (Thank you Laini:D). Use this and it will state that you basically request everything.

I have sent you the PPI calculator.