PPI Reclaiming discussion Part II

m.colak

mlucyminx wrote: »

have just re-read martins advice again and i forgot to send a copy of my original letter with the secong copy. would i be as well doing this again saying further to your telephone request and add a footnote stating all corrospondence through letter only?

sorry to be a pain but i want to get this right

No you don't have to send the letter again as you referenced the first letter in your second. Don't worry about not including the part about all correspondance by letter footnote. All you do is just say, if they phone again, that you are unwilling to discuss the matter on the phone unless they are willing to settle immediately otherwise all communication from this point on is to be by written format only. It stops you getting phone calls and stressed when they deliberatly try and upset you.

m.colak

nova wrote: »

Hi, lm wondering if anyone can help. lm trying to reclaim ppi from a store card with creation financial services,they said l cant be refunded as l ticked the employed box (which they did on my behalf) l did say l was a housewife and full time mum but the shop assistant said dont you do any work? l replied only help out occassionally in a friends salon in return for a hair cut and she said well we'll put that down then you'll get the store card (which l really didnt want anyway) If l had try to claim on ppi (which l would'nt because l was'nt working) they would have refused.So where do l stand, it looks like they're saying l was lying when l was in fact conned into it. ls it my word against theirs,or should l forget it, the refunds would infact clear the card or shall l try mcol?
Thanks in advance

Hi nova long time no speak too. For your store card you possible remember a watchdog program not so long ago about the lack of training that stores get. Again i would approach this from the GISC stand point get the information from them when they became regulated ask for the information relating to training received by the employee and when they became licensed to sell insurance and then carry on from there.

m.colak

homer_j wrote: »

Clearly you are spending a lot of time on this and helping people out with the reclaim. I am just thoughtful of this and the sites aims in trying to level the playing field with these big companies etc.

I believe that people may be missing a trick here and you are right in the sense that the approach that has to be made and whilst you refer to the bank charges, the current case aim was to seek clarification on whether these charges fell foul of certain laws (in its simplist level of explanation).

Where we are talking about the CCA 1974, this kind of case has already happened and I believe that there is sufficient evidence to prove on this site and other consumer sites that these loans can be unenforceable.

Where natural caution appears is where the person who is trying to enforce these laws which make their agreements unenforceable do not have sufficient expertise and confidence to do this.

With regards to lenders acting as intermediary - I also believe that there is case law which backs up what I said there too.

My point and recent inclusion of this post is purely because one of my clients has asked me to help them put a claim in for their unsecured loan bit on their mortgage. My investigations into this matter brought a lot of information to my attention which I can only say "shocked" me to the fact that these lenders have gotten away with so much upto now.

Clearly these things are never simple and I understand that even the most consumer savvy person will struggle to ensure success in this area but I believe that a result could be made with proper legal advice.

I completely agree there is a good possibility that many people can actually check to see if their loan was actually legal or not, and yes i believe they can receive legal advice if they believe they could possible challenge the loan on its legal application. However as i've tried to point out all i'm trying to give advice on this site is towards that of PPI reclaim and possible unfair rebates. I am not a legal wizard and although have researched these elements quite in depth (and still am researching as you can never have too much ammunition). I personally don't believe in claiming back or attempting to get money out of company which i'm not intitled too. I agree if i have mis sold PPI then the money is mine or if the company have not applied a proper rebate then yes the money is mine.

I don't agree with attempting to not pay back a service that i have needed or wanted ie the loan. If i had a unsecured loan at 17.9% (Which i have but not at that rate!!!) i am quite willing to pay that money back and i don't think its right trying to get out of paying for it. Sorry Moral Issue there and thats my personal opinion.

homer_j_3

Yes the moral issue of not paying back things is a strong one that I agree with but I also believe in paying back what was agreed to. Which a lot of agreements normally take more than what was agreed.

If you were told that you could borrow 10k and then added ppi on top incorrectly and also put in 3k too much interest then that is just the same.

Anyway, I will leave you to your PPI help and if anybody wants to discuss what I have said, I am more than happy to look at any post that they want to make.

m.colak

homer_j wrote: »

Yes the moral issue of not paying back things is a strong one that I agree with but I also believe in paying back what was agreed to. Which a lot of agreements normally take more than what was agreed.

If you were told that you could borrow 10k and then added ppi on top incorrectly and also put in 3k too much interest then that is just the same.

Anyway, I will leave you to your PPI help and if anybody wants to discuss what I have said, I am more than happy to look at any post that they want to make.

Sorry i didn't want to make you feel unwelcome you are always welcome mate:D . The PPI interest though is always calculated seperately and by law has to be shown seperately as an amount. Therefore on an agreement you should see loan amount, loan interest, PPI amount and PPI interest.

nova

m.colak wrote: »

Hi nova long time no speak too. For your store card you possible remember a watchdog program not so long ago about the lack of training that stores get. Again i would approach this from the GISC stand point get the information from them when they became regulated ask for the information relating to training received by the employee and when they became licensed to sell insurance and then carry on from there.

Hi m.colak,thanks very much for that. No l have'nt been on here properly for a while everything had to go on hold because my Mum was ill in hospital where she had a tummy operation for an ulcer then she caught that awful C.diff bug thing and eventually died from it, so have been coming to terms with all that and helping my Dad out as He continues to care for adults with learning difficulties that he and mum did together. Hope you've been keeping ok and Baby must be getting huge now!!

m.colak

nova wrote: »

Hi m.colak,thanks very much for that. No l have'nt been on here properly for a while everything had to go on hold because my Mum was ill in hospital where she had a tummy operation for an ulcer then she caught that awful C.diff bug thing and eventually died from it, so have been coming to terms with all that and helping my Dad out as He continues to care for adults with learning difficulties that he and mum did together. Hope you've been keeping ok and Baby must be getting huge now!!

I'm very sorry to hear about your mum Nova you have my deepest sympathies and regrets. My Wifes grandfather died last week and have the funeral next week, a really great guy but unfortunately it was his time (97). Baby is now 15 weeks old and still growing think he's going to be taller than me in the end 6'4" at least. Give me a shout if you need anything or if you just need a friendly ear.:grouphug:

nova

m.colak wrote: »

I'm very sorry to hear about your mum Nova you have my deepest sympathies and regrets. My Wifes grandfather died last week and have the funeral next week, a really great guy but unfortunately it was his time (97). Baby is now 15 weeks old and still growing think he's going to be taller than me in the end 6'4" at least. Give me a shout if you need anything or if you just need a friendly ear.:grouphug:

Oh Thanks, that's really sweet of you, everybody's been very supportive and it really does help. My baby (now 20!!) is 6'4 and he was really upset about my mum but trying to put an arm round him for comfort was a bit tricky as lm only 5'4'!!
That's a fab age to get to 97,hope funeral goes ok. x

Elsie2_2

Hi all. I've been reclaiming now for the last 18 months or so. I started with my bank charges and moved on to my PPI.

I have been trying to claim my first direct ppi back for a few months and they have sent the usual letters refusing to pay etc. I started a small claims case online and received a copy of their defence a couple of weeks ago asking the court if the case could be stayed. I replied stating the inaccuracies within their response and asked the court not to agree for the case to be stayed and as a result, i received a letter from my local county court yesterday giving me a court date for July. Small victory to me.

First Direct were the only company whilst in was claiming bacnk charges that allowed it to get to the stage of receiving a date from the court. They did however, settle with me by means of a cheque 4 days prior to the court date. I wonder if they plan to do this again. The monies i am asking to be refunded is the largest of all the claims i have started, at £2300, so i wonder if this is also making them want to fight it more.

I have no problem whatsoever in attending court if they so wish, but hopefully it won't get that far. :rolleyes: Has anyone else had similar experiences with First Direct?

marshallka

m.colak wrote: »

Hiya,

Their right of course (to a limit of right). If they are unregulated then you could possibly enquire when they became members of the GISC as they were the previous body before the FSA and if they adhered to their guild lines. If they did then could they provide records of the training given to the persons selling said PPI to yourself in reference to the Loan and a complete breakdown of said training. If they can't or will not provide said details then under law this is in contri to the Finance and Marketing Act 2000 paragraphs 25 through 27 where it states that the contract is null and void if sold by an unauthorised person (Whom the person selling the Insurance Premium to you would have been).

how do i find out if they were members of the GISC. I note someone from this forum said they were not and never had been.

Have googled this and everytime i click on where it says GISC website something comes up car insurance.

Have i lost already

this is the site i am clicking it from
http://www.c-i-p.co.uk/gisc.htm