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PPI Reclaiming discussion Part II

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  • walkingstar
    walkingstar Posts: 16 Forumite
    m.colak wrote: »
    Ok this is the reason's you could take them to court:

    1.You had a diagonised medical condition that wasn't covered under their terms and conditions.
    2.Failure to action a cancellation of policy.

    This is all information that you can confirm if you send a SAR request to them. This will give you the original terms and conditions with which you can prove that you weren't covered in the event of a reoccurance of the illness. The documentation you should receive back should also include copies of any correspondance that you sent them, however you my find yourself arguing the case of wether they received the cancellation or not, unless you did it over the phone and have asked for transcripts of telephone conversations. Check Laini post on this thread i think its #219 for a good copy of a SAR request.

    I wrote to them to cancel it the second time, i think i have a copy somewhere but file is at work. If i can find it and submit with the rest of the paperwork will this do the trick as i really dont want the stress of going to Court
  • m.colak
    m.colak Posts: 1,087 Forumite
    niemowle wrote: »
    hi m.colak, thanks first for your reply
    the date of my first payment was 28/11/05 and the ettlement figure was £1814.72
    thanks
    niemowle

    Its a shame i can't insert this printout for you but will give you the hard copy now:

    Loan Amount: £2000.00 Loan Interest: £1016.00
    PPI Amount: £517.61 PPI Interest: £262.99

    First Payment: 28/11/05
    Last Payment: 26/01/07

    Total Paid to Date: £822.77 Settled Figure: £1814.72
    Amount Remaining: £1159.91
    PPI Rebate: £405.46
    Loan Interest Rebate: £796.49 PPI Interest Rebate: £206.01
    Amount Overpaid £248.05

    PPI Reclaim Report
    Number of Payments Made: 13
    Amount of PPI Paid: £112.15
    Amount of PPI Interest Paid: £56.98
    8% Interest On PPI: £27.06
    Total PPI Reclaim: £196.19

    Point to note although you had overpaid by £248.05 the courts might find this as an acceptable administration fee.

  • m.colak
    m.colak Posts: 1,087 Forumite
    I wrote to them to cancel it the second time, i think i have a copy somewhere but file is at work. If i can find it and submit with the rest of the paperwork will this do the trick as i really dont want the stress of going to Court

    Yes include it with your paperwork as this refers to the fact that they haven't even refunded you the original PPI which you have paid whch is against the recent FSA guidelines. The thing to remember is that court doesn't have to be stressful. You will talk and make your point and then they will make theirs and to be blunt 9/10 times they don't even turn up unless it is a large settlement.
  • kamikazi_2
    kamikazi_2 Posts: 5 Forumite
    m.colak wrote: »
    Ok have done the calculations again:

    monthly payments: £125.60
    amount of interest: £536.20
    difference: £24 per month paid

    thanks you have been a great help:D
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    I wrote to them to cancel it the second time, i think i have a copy somewhere but file is at work. If i can find it and submit with the rest of the paperwork will this do the trick as i really dont want the stress of going to Court
    I'm presuming you're going to court because you can't take the seller to the FOS - if you're going the court route please be VERY specific on the Particulars of the Claim on the N1 Claim form - you need to specify under which legislation and case law you're bringing your action !!!!! This is SO important

    Hi just read back on your previous posts - to be perfectly honest what I would do is request a stay be placed on your court proceedings and take your complaint to the Financial Ombudsman - as it's lombard they are covered by RBOS jurisdiction - they will take a long time to respond but it's so much easier and a lot less stressful then the court route - if you get the law or one thing wrong your claim can be struck out !!!!
  • sarahc5388
    sarahc5388 Posts: 260 Forumite
    I took out a loan from Barclays in march 04. Agreement states:
    Cash Loan Premium Loan
    Amount of Loan £14000 £2335.63
    Total charge for credit £2625.28 £437.81
    Total amount payable £16625.28 £2773.44
    Monthly repayment £346.36 + £57.78 = £404.14
    Number of repayments 48 48

    'You may end this agreement at any time, if the cash loan, premium loan or barclayloan protection is ended then the whole agreement will end. You may then take out a new loan application for any outstanding balance and for any further money that you require. We will assess any new application on the day it is made.

    I paid my first monthly payment in May 04 I paid my last monthly payment on 3 dec and cleared the loan fully 6/7 dec 05, after making 20 payments of £404.14, the settlement figure was £10269.69.

    can anyone give me any advice? as i am confused as hell! Don't understand what the premium loan is about???
    LTSB PPI - £770 ish for dad
    LTSB PPI for dad - £1800 for dad
    Barclays PPI claim for self-£2204
    Dads home insurance - reduced by £200 a year "WE DO NOT LIVE IN FLOOD AREA AND I DON'T SEE WHY WE SHOULD PAY FOR THOSE THAT DO - I WANT TO SPEAK TO YOUR SUPERVISOR"!

  • tiggrae
    tiggrae Posts: 1,771 Forumite
    sarahc5388 wrote: »
    I took out a loan from Barclays in march 04. Agreement states:
    Cash Loan Premium Loan
    Amount of Loan £14000 £2335.63
    Total charge for credit £2625.28 £437.81
    Total amount payable £16625.28 £2773.44
    Monthly repayment £346.36 + £57.78 = £404.14
    Number of repayments 48 48

    'You may end this agreement at any time, if the cash loan, premium loan or barclayloan protection is ended then the whole agreement will end. You may then take out a new loan application for any outstanding balance and for any further money that you require. We will assess any new application on the day it is made.

    I paid my first monthly payment in May 04 I paid my last monthly payment on 3 dec and cleared the loan fully 6/7 dec 05, after making 20 payments of £404.14, the settlement figure was £10269.69.

    can anyone give me any advice? as i am confused as hell! Don't understand what the premium loan is about???
    it's a loan + ppi by the look of it
  • sarahc5388
    sarahc5388 Posts: 260 Forumite
    so what would i be claiming back?? i've looked at this million times and can't work it out - all help and advice greatly appreciated
    LTSB PPI - £770 ish for dad
    LTSB PPI for dad - £1800 for dad
    Barclays PPI claim for self-£2204
    Dads home insurance - reduced by £200 a year "WE DO NOT LIVE IN FLOOD AREA AND I DON'T SEE WHY WE SHOULD PAY FOR THOSE THAT DO - I WANT TO SPEAK TO YOUR SUPERVISOR"!

  • tiggrae
    tiggrae Posts: 1,771 Forumite
    sarahc5388 wrote: »
    so what would i be claiming back?? i've looked at this million times and can't work it out - all help and advice greatly appreciated


    Amount of ppi £2335.63
    Total charge for credit £437.81
    Total amount payable £2773.44
    Monthly repayment £57.78 x 20 = £1155.60

    You paid £1155.60 in your 20 installments, but the settlement figure will have included the remainer of your premiums - they might have given you a small rebate but I doubt it. In any event you don't really need the full figures, as it's barclays make your claim, they'll deny it, so then take it to the Financial Ombudsman - if they uphold your complaint they'll make barclays work out how much they owe you
  • sarahc5388
    sarahc5388 Posts: 260 Forumite
    tiggrae wrote: »
    it's a loan + ppi by the look of it

    why is premium loan and barclayloan protection mentioned as separate things? if it's the same thing?
    LTSB PPI - £770 ish for dad
    LTSB PPI for dad - £1800 for dad
    Barclays PPI claim for self-£2204
    Dads home insurance - reduced by £200 a year "WE DO NOT LIVE IN FLOOD AREA AND I DON'T SEE WHY WE SHOULD PAY FOR THOSE THAT DO - I WANT TO SPEAK TO YOUR SUPERVISOR"!

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