PPI Reclaiming discussion Part II

marshallka

The_Manager wrote: »

Who should ask for the subject access request from?

Cardif Pinnacle have on several occasions asked me if I want to cancel, and I have always said no, on the grounds that for the continuation of this complaint, I don't want to let down my side of the agreement. Maybe this is pointless??

It's a fixed price per month - 8 years at £15 per month = approx £1500

Is the Mortgage also for 8 years?? I would pursue the lender for all the details. They usually have details from the point of sale. It is more money and I wouldn't want you spend anything more unless you are adamant that you want to carry the claim through to the courts. If FOS have said that you cannot complain through them then the courts are your only option.

As regards cancelling it this shoud make no difference at all.

The_Manager

marshallka wrote: »

Is the Mortgage also for 8 years?? I would pursue the lender for all the details. They usually have details from the point of sale. It is more money and I wouldn't want you spend anything more unless you are adamant that you want to carry the claim through to the courts. If FOS have said that you cannot complain through them then the courts are your only option.

As regards cancelling it this shoud make no difference at all.

Thanks

That particular mortgage is now finished since I moved house and changed lender earlier this year. However, I am still paying Cardif Pinnacle for the PPI. I will cancel it imminently.

Claiming through the courts - that's a frightening statement to someone who knows nothing of the legal system. How would I pursue that route?

marshallka

The_Manager wrote: »

Thanks

That particular mortgage is now finished since I moved house and changed lender earlier this year. However, I am still paying Cardif Pinnacle for the PPI. I will cancel it imminently.

Claiming through the courts - that's a frightening statement to someone who knows nothing of the legal system. How would I pursue that route?

If its a small claim and it is then through the small claims court. Tiggrae who is on here often could guide you through and there are lots of people who have done it. There is one thing to think about though and that is the limitations act and that its over 6 years since you took this out. Its not impossible though and some judges will listen to the fact that you only just became aware of the misselling.

Just something esle. When you cancel do you get anything back?? Was this just the same amount each month and cancellable at any time rather like Income protection??

Also have you asked for the amounts back from when you actually had no mortgage with them to protect??

naitch1980

Can anyone tell me if they know of anyone who has had their PPI back from EGG?
I took out an Egg loan in 2003 - I can't remember the details, but I have sent a letter requesting a copy of the agreement - And I'm thinking that within that timescale, it is likely that I was missold the PPI to a degree?

I was employed, no poor medical history, I'm not sure if it was a single premium, I'm pretty sure I was told that I wouldn't get the loan unless I got PPI, but I can't see how I can prove it.

In fact, I also recall trying to cancel my PPI and being told I would need to get a new loan in order to do so, to take on the total amount remaining to pay off. Is that even legal?
Should I still try and cancel it now?

Basically, I haven't got a clue!

The_Manager

marshallka wrote: »

Was this just the same amount each month and cancellable at any time rather like Income protection??

Yes.

Thanks again. Very helpful.

tiggrae

The_Manager wrote: »

Thanks

That particular mortgage is now finished since I moved house and changed lender earlier this year. However, I am still paying Cardif Pinnacle for the PPI. I will cancel it imminently.

Claiming through the courts - that's a frightening statement to someone who knows nothing of the legal system. How would I pursue that route?

mis selling has to be made against the person / company who 'sold' you the product. Can I ask when did the mortgage come to an end and why did you continue paying the PPI - if it's a Payment Protection Insurance it was insuring the specific payments you were making to the mortgage company - once that is finished it was basically useless to you. You may also have compromised yourself by not cancelling as in not doing so is saying you actually did want the insurance - therefore, how could it have been mis sold

marshallka

tiggrae wrote: »

mis selling has to be made against the person / company who 'sold' you the product. Can I ask when did the mortgage come to an end and why did you continue paying the PPI - if it's a Payment Protection Insurance it was insuring the specific payments you were making to the mortgage company - once that is finished it was basically useless to you. You may also have compromised yourself by not cancelling as in not doing so is saying you actually did want the insurance - therefore, how could it have been mis sold

Tiggrae, in the posts it says that they did not want to cancel the insurance (after forgetting it still existed) as they thought it would muck up the claim. Thats how i understood it.

Also its a third party that sold the ppi???

The_Manager

tiggrae wrote: »

mis selling has to be made against the person / company who 'sold' you the product. Can I ask when did the mortgage come to an end and why did you continue paying the PPI - if it's a Payment Protection Insurance it was insuring the specific payments you were making to the mortgage company - once that is finished it was basically useless to you. You may also have compromised yourself by not cancelling as in not doing so is saying you actually did want the insurance - therefore, how could it have been mis sold

Thanks for this input.

I also believe that I need to go after the 3rd party intermediary on this one. The mortgage ended around May/June this year when we moved house and changed lender to C&G.

I did not cancel as where there are 2 parties to the agreement (myself and Cardif Pinnacle), I did not want to risk upsetting my own side of the agreement by cancelling it. That's the theory anyway.

I believe that this payment to Cardif Pinnacle is still going out of my bank to this day, but will have to check. The policy number with Cardif Pinnacle is the same as the mortgage account number with Northern Rock.

I only started pursuing this issue in the autumn of last year when I heard Martin talking about PPI on the radio. Prior to this, I had no idea that this PPI was voluntary - it had been sold to me in 2000 on the grounds that the mortgage would be unavailable to me without it, so I had assumed that it was a necesity.

marshallka

naitch1980 wrote: »

Can anyone tell me if they know of anyone who has had their PPI back from EGG?
I took out an Egg loan in 2003 - I can't remember the details, but I have sent a letter requesting a copy of the agreement - And I'm thinking that within that timescale, it is likely that I was missold the PPI to a degree?

I was employed, no poor medical history, I'm not sure if it was a single premium, I'm pretty sure I was told that I wouldn't get the loan unless I got PPI, but I can't see how I can prove it.

In fact, I also recall trying to cancel my PPI and being told I would need to get a new loan in order to do so, to take on the total amount remaining to pay off. Is that even legal?
Should I still try and cancel it now?

Basically, I haven't got a clue!

Yes, seen lots of Egg claimers on here. You need to write a letter of the misselling using the template if you wish and add/delete whatever is necessary to you claim. You then have to give them 8 weeks for a full and final response. After that time if its not the answer that you are looking for then you can make a complaint to the FOS about them.

Send the letter recorded delivery so you have a proof of dates.

You can also request a copy of the agreement from them and this will tell you whether it was a single premium policy. It certainly seems like one in that you needed a new loan to cancel. If it was did it cover the full term of the loan?? Were you aware that there was interest to be paid for the full term of the loan? Did you pay the loan early and only receive a small rebate back. You need to read up on single premiums and think about whether these things applied to you.

di3004

Email sent to the FOS casework department as requested by the person who emailed me from the FOS earlier.

This was to also forward my husband's ref details of his 2 complaints that are still waiting to be passed on too. (For fast track request), then hopefully I should hear something soon.
It was only 2 days ago I sent them my first request about this, so not bad going really in just 2 days for the reply.;)