PPI Reclaiming discussion Part II

sparky0107

Morning all,
Can anyone point me in the direction of the CCA request template letter please.
Thanks in advance

tiggrae

Sooboo wrote: »

I am currently sick and receiving a large monthly PPI payment towards my HSBC credit card balance. I think I was probably mis-sold the PPI policy years ago. If I put a claim in for mis-selling does anyone know if I have a leg to stand on since they are now paying out on this policy.
Thanks in advance

No, if they are paying out then you can't reclaim

tiggrae

supaspark31 wrote: »

I have loans with HFC and HSBC, but because of money problems I had to go to CCCS to help me make the payments on monies owed.
I was sold PPI with these loans.
I am a type 1 diabetic, and quite sure that neither of these companies asked me about any medical conditions that I had at the time of taking out the loans.
Would you say this is grounds for reclaiming the PPI on the loans

Defiantely

homer_j_3

Kaia wrote: »

I have had a reply from the OFT today regarding the prescribed terms on a Customer Credit Agreement pre 2005.....

The Consumer Credit (Agreements) Regulations 1983 ("the 1983 Regulations") sets out the form and content for most regulated loan agreements made prior to 31st May 2005.

The 1983 Regulations require personal loan agreements to state (inter alia):
· the amount of credit
· the total charge for credit (TCC) if it is not variable – or the rate of interest and other charges if the TCC is variable. Where a broker fee forms part of the TCC it must be included in the calculation of the TCC, though there is no requirement to explicitly state the brokers fee in the agreement.
· the total amount payable if the TCC is not variable
· the timing of repayments
· amounts of repayments
· the APR
· any variable rate or items

You should check that your agreement complies with these and other relevant requirements of the 1983 Regulations but you should also note that there is nothing in the CCA or its Regulations that requires the creditor to disclosure a broker’s commission.

I trust this helps clarify the issues you have raised in your email. If you have any further questions on the general requirements of the CCA, I would suggest that you seek advice from your local Trading Standards Service (TSS) in the first instance; they can be found at http://www.tradingstandards.gov.uk/. If you have any specific queries which your local TSS cannot answer, your local TSS may refer the query to us - but we can only deal with questions of interpretation on the legislation.

They are quite correct in saying that there was no requirement to disclose the broker commission in their laws. It is because of this why people will have claims.

There is a law going back to 1925 which all lenders failed to realise (or realised but thought it was not important) which states that they had to.

Their tough luck, our good luck..

homer_j_3

marshallka wrote: »

Just noticed on my signed "application for the loan" that we have filled in the amount of loan £17,000 over 10 years. (120 months) totalling £280 per month.

The ppi box has a tick in by them and they have filled in mortgage details.

Then on the actual agreement it adds the ppi and the term of the loan is 160 months. 40 extra months. This is because the ppi has been added and they have kept the repayments around £280 but for doing that its added an extra 40 months onto the loan. Is this a flaw.

We applied for a 120 month loan and repayments were £280 and got a loan over 160 with repayments of £280 because of this.

Surely if we had asked for this then a new arranged application would of been sent out to sign.

I would say that this could potentially have a claim there for an unenforceable loan. Without the reviewed paperwork, its difficult to see though.

It is becoming clearer by the day that a lot of these loans being sold have been sold by some very unscrupulous sales people.

marshallka

homer_j wrote: »

I would say that this could potentially have a claim there for an unenforceable loan. Without the reviewed paperwork, its difficult to see though.

It is becoming clearer by the day that a lot of these loans being sold have been sold by some very unscrupulous sales people.

Also i note that there computer printed documents there is one for employment details for my husband and it is no-one we have ever heard of. There is another one with his real employment on too but listen to this......

When i rang back in 2003 i distinctly remember a phone call (when i complained about receiving no literature about the ppi or rule of 78) whereby i was told that my husbands earnings were £10,000 more on their paper than they actually were. I argued this at the time. We gave p60's and wage slips in and i was self employed. I mentioned this again recently during a phone cal and then in my subsequent phone call i was asked where my husband was employed. His correct employment is detailed on one print out but i think now that this was added at the time of that phone call and that the salesperson of the loan had upped the income and made a false claim for employment details.

I can't wait for my SAR from Freedom Finance if they were actually involved. Can they refuse me this. Firstplus have ommitted the two phone calls (most of the others there) that i actually state that i received no literature and the print outs are written in short language. I have contacted the commissioners office and they have told me i am entitled to ask for these in a language understandable to myself. I have written again to Firstplus for this.

Disgusted_57

Direct Auto Finance
Sent off first letter, got standard reply, sent off second letter, still waiting for response. In the meantime have read several interesting articles on this forum, and DAF are not covered by the FOS, or are members of the FLA.
The only option appears to be the court route, they are slippery characters but I have had enough of this company, and I will not let this go, I will have my day in court with them.

tiggrae

marshallka wrote: »

Also i note that there computer printed documents there is one for employment details for my husband and it is no-one we have ever heard of. There is another one with his real employment on too but listen to this......

When i rang back in 2003 i distinctly remember a phone call (when i complained about receiving no literature about the ppi or rule of 78) whereby i was told that my husbands earnings were £10,000 more on their paper than they actually were. I argued this at the time. We gave p60's and wage slips in and i was self employed. I mentioned this again recently during a phone cal and then in my subsequent phone call i was asked where my husband was employed. His correct employment is detailed on one print out but i think now that this was added at the time of that phone call and that the salesperson of the loan had upped the income and made a false claim for employment details.

I can't wait for my SAR from Freedom Finance if they were actually involved. Can they refuse me this. Firstplus have ommitted the two phone calls (most of the others there) that i actually state that i received no literature and the print outs are written in short language. I have contacted the commissioners office and they have told me i am entitled to ask for these in a language understandable to myself. I have written again to Firstplus for this.

Under the provisions of the Data Protection Act 1988 they must provide you with any information they hold about you

tiggrae

Disgusted_57 wrote: »

Direct Auto Finance
Sent off first letter, got standard reply, sent off second letter, still waiting for response. In the meantime have read several interesting articles on this forum, and DAF are not covered by the FOS, or are members of the FLA.
The only option appears to be the court route, they are slippery characters but I have had enough of this company, and I will not let this go, I will have my day in court with them.

Hi there, it really depends upon when you took out the loan / ppi as to whether DAF were covered by the financial services authority / FOS

tiggrae

sparky0107 wrote: »

Morning all,
Can anyone point me in the direction of the CCA request template letter please.
Thanks in advance

CCA ? Consumer Credit Agreement ? all you need to do is write and request a SAR Subject Access Request, you'll probably find a template on the Bank Charges forum