PPI Reclaiming discussion Part II

maxdp

pinknico wrote: »

Hope you don't mind me asking but how are you going for unenforceable, is it straight forward?

Quite controversial on this Forum I think. OH Was persuaded by bank to take out Business Loans and PPI etc and cause had trouble paying back increased amount plus CCards etc etc all with PPI.

Sent it to a company and claiming 16000.00 plus interest etc which was the whole loan.

You have to be careful who you go with etc because there are sharks out there but am with company who I understand have been featured in Which Magazine so fingers crossed.

Only went for PPI but the company noticed that there were irregularities with paperwork.:D

tiggrae

singlep wrote: »

shamrock7 wrote: »

You would not be able to win on the Unfair Rebate rules but you could win on Unfair Contract terms in so far as the firm did not act in your best interests in accordance with agency law and the Misrepresentation Act. You have to challenge the validity of the loan that paid the premium and not the ppi itself as that is out of jurisdiction.

This is now about the 3rd time I've put this !!!

according to the FOS you can go to them for 3 types of complaint against PPI - for them not payment out (due to small print etc), mis selling or disputes over refunds of premiums (ie an Unfair Contract Term which does not allow for a fair refund on cancellation or early redemption)- they will look at any of the 3 if the business concerned came under their jurisdiction at the time the EVENT took place - whether that be mis selling, or an early refund !!!! If in doubt contact the FOS to see when the firm came under their jurisdiction. I've had claims go through against banks who have paid unfair rebates back to clients pre January 2005.

Marshallka - when I put about 'consideration on a case by case basis' this wasn't referring to the FOS, this was referring to the a County Court Judge's consideration of whether they will allow the application of Section 14a of the Limitation Act 1980 to extend the 6 year limitation period due to negligence.

tiggrae

lauren2889 wrote: »

Hi,

I posted this on another thread but now realise that this is the right place and hope someone knowledgable can help!

I just rang lloyds to cancel my PPI, the guy I spoke to didn't sound very happy that I was cancelling it.

So now I'm going to try and reclaim my PPI because I only work 5.5 hours a week and if I'm understanding right, you need to be working over like 8 hrs a week for it to be valid. Please correct me if I'm wrong!

But the question I wanted to ask was on the PPI template letter you have to put the address of the people who sold you the card/insurance. Do I put Lloyds' general address or the branch I got it from?!

Sorry if the answer seems really obvious! Thanks

you would have to check the individual terms and conditions of your policy but it's actually normally over 16 hours a week - for it to be mis sold those are the number of hours you worked at the time of selling which could be different now.

marshallka

tiggrae wrote: »

singlep wrote: »

This is now about the 3rd time I've put this !!!

according to the FOS you can go to them for 3 types of complaint against PPI - for them not payment out (due to small print etc), mis selling or disputes over refunds of premiums (ie an Unfair Contract Term which does not allow for a fair refund on cancellation or early redemption)- they will look at any of the 3 if the business concerned came under their jurisdiction at the time the EVENT took place - whether that be mis selling, or an early refund !!!! If in doubt contact the FOS to see when the firm came under their jurisdiction. I've had claims go through against banks who have paid unfair rebates back to clients pre January 2005.

Marshallka - when I put about 'consideration on a case by case basis' this wasn't referring to the FOS, this was referring to the a County Court Judge's consideration of whether they will allow the application of Section 14a of the Limitation Act 1980 to extend the 6 year limitation period due to negligence.

OK thanks tiggrae, i just wondered if you could actually tell us where this bit about unfair rebate and the actual date the rebate was given comes from so we can give the info to singlep.

tiggrae

frustratedmanc wrote: »

Hi Everyone,

Slightly frustrated with Natwest!

3 letters to request credit card ppi info and keep getting a list of cc changes late and over limit charges only.

2 letters in July requesting a copy of a loan agreement so I can claim back PPI on a personal loan, they have written back saying it is now closed and they require 6 pieces of additional info to find it.

Is anybody else claiming PPI back off Natwest?

think there is a little too much emphasis on SAR's on here - you don't need one if you're claiming mis selling - just make your claim if rejected take it to the FOS if within their jurisdiciton - if not than request a SAR if you're considering court action - this isn't bank charges you don't have to work out the value you're reclaiming before making a claim

SAR's take far too long AND WILL JUST FUSTRATE YOU - YOU DON'T NEED ONE !!!

pinknico

pinknico wrote: »

I have another question regarding PPI that I would like some help with please. In my demands and needs section it says that one of the reasons I was offered this PPI was because of the hospitalisation part, loan gets paid for that month and daily after 7 days. But in the small print at the back it says hospitalisation is only for those aged 65 to 70. I am 38 and my husband is 44. Where do I stand with this ?[/quote

Does anyone else know for definate if this is mis selling just to be sure thanks.

tiggrae

marshallka wrote: »

tiggrae wrote: »

OK thanks tiggrae, i just wondered if you could actually tell us where this bit about unfair rebate and the actual date the rebate was given comes from so we can give the info to singlep.

there's confusion here about unfair rebates under CCA 78 and unfair contract terms - I never go for CCA 78 it's too confusing I always state the rebate is an unfair contract term under the UCCTR 1998

di3004

We should hear something by the end of this week from Endeavour, I will post up when I hear.;)
This is a complaint - unfair rebate, fingers crossed this will be resolved once and for all.;)


Anyway, just to let you folks know sorry not about reclaiming discussion, but on BBC1 at 8:30pm this evening there is a programme on called "trawlermen", I assume we all have this, my brother in law should be on there as he is the "air pilot" that gets involved with the filming, although he is flying the helecoptor.

He also appears in the "flying gardener" etc and many more on Tv.

He is soooo lucky because he gets the opportunity to fly film stars, singers, you name it the important people, but its a private company he works for, so in case anyone want a chill for half hour later have a browse on the channel and time above.:D

marshallka

tiggrae wrote: »

marshallka wrote: »

there's confusion here about unfair rebates under CCA 78 and unfair contract terms - I never go for CCA 78 it's too confusing I always state the rebate is an unfair contract term under the UCCTR 1998

Is this a statement that you could use to FOS or is this for the courts. Singlep says any complaint about insurance can be taken to FOS and agrees there but states that the sale date is still the date that FOS has to go by. If you are only referring to courts its a different matter but what does FOS have to go by???

Surely as well FOS understands we are not legal eagles and that we do not have to state the laws applicable at the time and know what we are claiming. We got stung by PPI and we can't claim for misselling but want something back in that we want a fairer refund making. Should that be enough or do we have to state these UCCTR's etc to them for them to be able to look.

tiggrae

di3004 wrote: »

We should hear something by the end of this week from Endeavour, I will post up when I hear.;)
This is a complaint - unfair rebate, fingers crossed this will be resolved once and for all.;)


Anyway, just to let you folks know sorry not about reclaiming discussion, but on BBC1 at 8:30pm this evening there is a programme on called "trawlermen", I assume we all have this, my brother in law should be on there as he is the "air pilot" that gets involved with the filming, although he is flying the helecoptor.

He also appears in the "flying gardener" etc and many more on Tv.

He is soooo lucky because he gets the opportunity to fly film stars, singers, you name it the important people, but its a private company he works for, so in case anyone want a chill for half hour later have a browse on the channel and time above.:D

the lucky !!!!!! !!! - I started to learn to fly a helicopter but I suffer from terrible motion sickness and they vibrate like hell - after nearly throwing up over Wetherby Race Course acouple of times (and paying £200 for the priviledge !!!! :eek: ) I gave it up as a bad job !!!