PPI Reclaiming discussion Part II

snupys

thanx agaain 4 info ,as i wrote sent template letter 8wks has expired no reply if fsa not successful can i take 2 court as last resort what are the chances of success .

di3004

snupys wrote: »

thanx agaain 4 info ,as i wrote sent template letter 8wks has expired no reply if fsa not successful can i take 2 court as last resort what are the chances of success .

Hi there.

Yes if you are unable to go to the FOS then court is another option here.;)

Tiggrae, Marshallka will be here at some point and maybe able to point you in the right direction from here.;)

Good luck!
Di.
x

bathgatebuyer

Having broken new ground with this whole court thing, it's all a bit of a learning experience. I've scribbled down some thoughts today for the CPR 18 request and wonder what everyone thinks?

Please note that this is a formal request for further information in accordance with Part 18 of the Civil Procedure Rules.

1. The defendant is requested to provide details of their internal procedures in order to ensure compliance with the Association of British Insurance (ABI) Regulations for the sale of insurance as at XX May 2001, along with details of any external audits or quality assurance assessment of these procedures undertaken. Letter of Xrd October 2008 from XXXXXXXof Halifax Customer Relations refers;

2. The defendant is requested to provide details of their internal procedures for the management of documents – particularly credit card application forms – as at XX May 2001, along with details of any external audits of quality assurance assessment of these procedures undertaken. If this is not available, notification should be given immediately to both the defendant and the Court in accordance with the Civil Evidence Act 1995;

3. The defendant is requested to provide details of their internal procedures in order to satisfy the Money Laundering Regulations 2007

4. The defendant is requested to provide a true copy of the original application form document dated XX May 2001, rather than the scanned copy provided thus far, and outline the measures taken in respect of this document to ensure compliance with those document management procedures outlined in 2 above from the date of application in xx May 2001;

5. The defendant is requested to confirm the measures taken to train all staff involved in the handling of application forms, and the scanning and storage of documents;

6. The defendant is also requested to provide a true copy of the Consumer Credit Agreement relation to this account. For the avoidance of doubt, this must incorporate the prescribed terms and conditions outlined within section 60 (1) of the Consumer Credit Act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)

7. The defendant is requested to confirm the legal status of Halifax Insurance Ireland within the HBOS Group;

8. The defendant is requested to confirm whether commission was paid between Halifax Insurance Ireland and Halifax Plc at the time of the sale in May 2001;

9. The defendant is requested to confirm those actions undertaken to investigate the concerns raised by the claimant in correspondence to Customer Relations dated XX that the ‘Application Form’ provided by the defendant in response to the request for the Consumer Credit Agreement for this account is not in the claimants handwriting;

10. The defendant is requested to confirm whether those measures taken in 8 above are aligned to their policies and procedures for investigating complaints of suspicious activity. The defendant should also provide a copy of the results of any external audit undertaken in respect of this issue;

11. The defendant is request to confirm the number of complaints it has received in relation to the mis-sale of Payment Protection Insurance, and the numbers of cases which it has settled following referral to the Financial Ombudsman Service;

12. The defendant is requested to provided strict proof that the extensive terms and conditions relating to this PPI policy were provided to the claimant;

13. The defendant is requested to provide a copy of any eligibility or benefits and needs questionnaire in assessing whether the claimant would benefit from the PPI cover provided;

14. The defendant is requested to provide confirmation as to any internal procedures it has to ensure compliance with the Administration of Justice Act 1970 as well as the Office of Fair Trading Guidance Note on Debt Collection from 2003.

I trust that you will be able to provide this above requested information within the next 28 days.

Again, would welcome any thoughts before I send this off to Howard and his cronies at the Halifax.

As an aside, I wonder if they Halifax were so tardy when investigating the £7,500 which went missing from their chief exec's account through ID fraud!

di3004

bathgatebuyer wrote: »

Having broken new ground with this whole court thing, it's all a bit of a learning experience. I've scribbled down some thoughts today for the CPR 18 request and wonder what everyone thinks?

Please note that this is a formal request for further information in accordance with Part 18 of the Civil Procedure Rules.

1. The defendant is requested to provide details of their internal procedures in order to ensure compliance with the Association of British Insurance (ABI) Regulations for the sale of insurance as at XX May 2001, along with details of any external audits or quality assurance assessment of these procedures undertaken. Letter of Xrd October 2008 from XXXXXXXof Halifax Customer Relations refers;

2. The defendant is requested to provide details of their internal procedures for the management of documents – particularly credit card application forms – as at XX May 2001, along with details of any external audits of quality assurance assessment of these procedures undertaken. If this is not available, notification should be given immediately to both the defendant and the Court in accordance with the Civil Evidence Act 1995;

3. The defendant is requested to provide details of their internal procedures in order to satisfy the Money Laundering Regulations 2007

4. The defendant is requested to provide a true copy of the original application form document dated XX May 2001, rather than the scanned copy provided thus far, and outline the measures taken in respect of this document to ensure compliance with those document management procedures outlined in 2 above from the date of application in xx May 2001;

5. The defendant is requested to confirm the measures taken to train all staff involved in the handling of application forms, and the scanning and storage of documents;

6. The defendant is also requested to provide a true copy of the Consumer Credit Agreement relation to this account. For the avoidance of doubt, this must incorporate the prescribed terms and conditions outlined within section 60 (1) of the Consumer Credit Act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)

7. The defendant is requested to confirm the legal status of Halifax Insurance Ireland within the HBOS Group;

8. The defendant is requested to confirm whether commission was paid between Halifax Insurance Ireland and Halifax Plc at the time of the sale in May 2001;

9. The defendant is requested to confirm those actions undertaken to investigate the concerns raised by the claimant in correspondence to Customer Relations dated XX that the ‘Application Form’ provided by the defendant in response to the request for the Consumer Credit Agreement for this account is not in the claimants handwriting;

10. The defendant is requested to confirm whether those measures taken in 8 above are aligned to their policies and procedures for investigating complaints of suspicious activity. The defendant should also provide a copy of the results of any external audit undertaken in respect of this issue;

11. The defendant is request to confirm the number of complaints it has received in relation to the mis-sale of Payment Protection Insurance, and the numbers of cases which it has settled following referral to the Financial Ombudsman Service;

12. The defendant is requested to provided strict proof that the extensive terms and conditions relating to this PPI policy were provided to the claimant;

13. The defendant is requested to provide a copy of any eligibility or benefits and needs questionnaire in assessing whether the claimant would benefit from the PPI cover provided;

14. The defendant is requested to provide confirmation as to any internal procedures it has to ensure compliance with the Administration of Justice Act 1970 as well as the Office of Fair Trading Guidance Note on Debt Collection from 2003.

I trust that you will be able to provide this above requested information within the next 28 days.

Again, would welcome any thoughts before I send this off to Howard and his cronies at the Halifax.

As an aside, I wonder if they Halifax were so tardy when investigating the £7,500 which went missing from their chief exec's account through ID fraud!

Well done, in my opinion this is fantastic !:T :beer:

Good luck and well done to you again.;)

Di.
x

marshallka

snupys wrote: »

thanx , i ave 3 ppi s with wellcome 1st for car finance i took out in 99 which i think maybe out of date.2nd loan 15k 04 settle 06 3rd 27k 07 sent letter no reply on each occation i was told no ppi no loan i ave being self employed 9yrs

As Di has stated here you should be able to go the the FOS with this complaint but be warned there is a big waiting list there now. I would state that you had the 3 loans and think that you were missold the ppi on all three. You will have to state a date on the form for the FOS. This is the date that you are making a claim for. I would write the date of the one that you know is within jurisdiction of the FOS as they could throw it out as being out of date etc but i would mention the other loans too.

Also if you have written and not had a response from them but can prove that you have written to them over 8 weeks ago then you have no need to wait for their response now and can make your complaint straight away.

Good luck

di3004

Wonder if the postman will arrive tomorrow with some letters I've been waiting for ?:rolleyes:

Did not have anything at all last Saturday, in fact none of my neighbours did:rolleyes: . We only have 17 houses in my street.

Sorry if I missed ya Marshallka hun.....I keep missing you again.... .

Now tomorrow if I don't get that one letter I may need a bit of info from you hun, is that okay ?:D thanks hun.:A .

Di.
xx

Busta_3

di3004 wrote: »

Wonder if the postman will arrive tomorrow with some letters I've been waiting for ?:rolleyes:

Did not have anything at all last Saturday, in fact none of my neighbours did:rolleyes: . We only have 17 houses in my street.

Sorry if I missed ya Marshallka hun.....I keep missing you again.... .

Now tomorrow if I don't get that one letter I may need a bit of info from you hun, is that okay ?:D thanks hun.:A .

Di.
xx

Hi di, thanks for that newbie hint about refreshing the page only discovered that myself recently, so yea useful to those new people......im hoping the post man will come with some good news, its coming up to 3 weeeks now from since ive heard from adjudicator and as you said im sitting back now waiting to hear what halifax/BOS will say!!!!;) xxx

di3004

Busta wrote: »

Hi di, thanks for that newbie hint about refreshing the page only discovered that myself recently, so yea useful to those new people......im hoping the post man will come with some good news, its coming up to 3 weeeks now from since ive heard from adjudicator and as you said im sitting back now waiting to hear what halifax/BOS will say!!!!;) xxx

Hi there Busta.....:D
How are you hunni ?;)

I hope you hear soon from the adjudicator.
I always kept in touch by email and fair play to them they did always get back the same day or maybe the day later.

If you check your letters from these you may have been supplied with the adjudicators email contact, there's no harm in emailing them.;)
Good luck hunni.;) :j .

Oh yes, I did note that some were signing off without realising there was replies left, even though it was also a little while before I knew about refreshing the page lol.....:D .

Di.
xxx

Busta_3

di3004 wrote: »

Hi there Busta.....:D
How are you hunni ?;)

I hope you hear soon from the adjudicator.
I always kept in touch by email and fair play to them they did always get back the same day or maybe the day later.

If you check your letters from these you may have been supplied with the adjudicators email contact, there's no harm in emailing them.;)
Good luck hunni.;) :j .

Oh yes, I did note that some were signing off without realising there was replies left, even though it was also a little while before I knew about refreshing the page lol.....:D .

Di.
xxx

Hi hun, im ok thanks. Hope your well and enjoying the bank hols.

speak to you soon.

xxx

pinknico

Good Luck with the post today Di ! x (and anyone else waiting )