PPI Reclaiming discussion Part II

tiggrae

racheldazo wrote: »

Thanks, the thing is i had cover in place that would of protected me anyway. Any idea on the sort of costs for court? And do you know of anyone that has won?
thanks

the cost of goint to court is based upon the value of your claim - you'de have to work out how much you believe is owed plu 8% statutory interest (you can work this out by using the bank charges forum calculator - you feed in the value of the monthly premiums along with the dates you paid them and it works out the 8% Statutory interest) as soon as the claim is issued M&S would probably request it be statute barred under the Statute of Limitations Act 1980 (ie because it's beyond 6 years) and request it be struck out - you can respond and ask the Judge to let your claim go ahead as you've only just become aware of the possibility you were mis represented to - but as no precedent has been set it's upto each judge to decide whether to let the claim proceed. If it's struck out you'de not only lose the claim issue fee but you also run the risk of having summary costs awarded against you.

marshallka

RWH1981 wrote: »

How do you mean date? the date I first requested details or the date I sent my letter to the ombudsman?

I dont know what a SAR is, I explained to the bank what I was requesting and they said to write them a letter and hand it into this branch. Which I did. I hadnt heard anything back for weeks phone up to get an update on what was going on. They said they had no details of any letter. They then tell me to hand it into another branch, which I did. Dont hear anything for ages again and phone up they again have no record of any letter. They tell me to had it into one of the branches I got the loan from which I do, same again no reply phone up no record of my letter.

A SAR is a subject access request and its all the data information that the firm holds of you. Its costs £10 and you have the right to have this info. Also you have to give them 40 days to provide it. You need to send all correspondence recorded delivery and then you have a proof.

di3004

RWH1981 wrote: »

How do you mean date? the date I first requested details or the date I sent my letter to the ombudsman?

I dont know what a SAR is, I explained to the bank what I was requesting and they said to write them a letter and hand it into this branch. Which I did. I hadnt heard anything back for weeks phone up to get an update on what was going on. They said they had no details of any letter. They then tell me to hand it into another branch, which I did. Dont hear anything for ages again and phone up they again have no record of any letter. They tell me to had it into one of the branches I got the loan from which I do, same again no reply phone up no record of my letter.

Hi there hun
And sorry I should have made this more clearer.

You stated it was 3 months and you still not heard, its a rather long time,
is this local to you by any chance ?

An SAR is a Subject Access request, you pay a charge of a £10 cheque payment where they must by rights supply you with the requested information which will go back as far as 6 years, they must comply to this.

Although if you can get hold of these for nothing then even better.

Within the SAR they must also supply any communication you have had with these, such as emails, telephone calls etc, which may be of some help for proof if this was the case on the sale of you policy.

They have 40 days to supply you with this information.

There is actually a template for this on site somewhere, I will seek this out or hopefully one of the others will read this and add it here for you.

Di.
x

tiggrae

to50ny wrote: »

After making a complaint to the bank of scotland, for mis-selling ppi insurance, which they dismissed my complaint, and forced me to take my complaint to the ombudsman, after he contacted them, they agreed to pay back, the ppi insurance money, plus 8% interest, plus compensation, they agreed to settle within one month, two months later, i`m still waiting, have had no corresponence from them, have phoned them up, but keep getting excuses, have been in touch with the ombudsman, and he said would be writing to them again, that was three weeks ago, now bank of scotland have been taken over by lloyds, does this affect my claim?

Firstly HBOS are taking at least 8 weeks to settle claims instead of the 4 weeks quoted, secondly LLoydsTSB take over should make no difference whatsoever as they are taking over their liabilities as well as assets

tiggrae

RWH1981 wrote: »

How do you mean date? the date I first requested details or the date I sent my letter to the ombudsman?

I dont know what a SAR is, I explained to the bank what I was requesting and they said to write them a letter and hand it into this branch. Which I did. I hadnt heard anything back for weeks phone up to get an update on what was going on. They said they had no details of any letter. They then tell me to hand it into another branch, which I did. Dont hear anything for ages again and phone up they again have no record of any letter. They tell me to had it into one of the branches I got the loan from which I do, same again no reply phone up no record of my letter.

RBS Customer Relations FREEPOST NAT12685 Borehamwood WD6 1BR

Write to them at the above address, tell them you've written two letters to branches and their delay in responding is causing you inconvenience and distress.

Also, tell them what you want to complain about (ie mis selling) you can only go to the FOS if you have made a complaint to the Company concerned - if information has not been provided then you've got to take that complaint to the Information Commissionaire

You don't need a copy of an agreement to make a complaint as long as you're sure you had PPI on the agreement and it was mis sold you really don't at this stage need the detail

di3004

Postie just been and gone but nothing, just junk mail.:rolleyes:

Even though I know I will not hear anything now on the final day tomorrow from Endeavour I am gathering all the evidence I have to get photocopied etc ready to go with that FOS form tomorrow.:D

Going through it just to make sure I don't miss anything.

marshallka

di3004 wrote: »

If you have not heard by this afternoon, maybe give them another ring.;)

When they were dealing with my Nemo complaint I must admit I emailed them at least a few times a week.....:o due to anxiety.
Its very frustrating I know because all you want is a simple answer.;)

I hope you hear from them with some good news for a change hun.

Just rang the FOS about my co-op ones and had to leave a message as its voicemail as usual. Still no reply to my emails either:mad: .

I have also asked about Firstplus and they say its going to be looked at and they have requested info from Firstplus.

I then asked about a complaint about the settlement in that we requested settlement figures and the last two we had there was a £477 difference and yet we had made 18 months repayments of near on £300 per month. She seemed sympathetic to this and has told me to send this in as another complaint. I told her i wanted it be about settlement of the loan and nothing about the PPI as nowhere in my terms and conditions was there the words of use of the rule 78 in settlement and that we would owe more than we borrowed. I told her my contract actually mentioned that i would receive a statutory rebate of the loan on early settlement and I think if this means rule 78 then its an unfair term. Perhaps tiggrae can advise me how i would make this complaint. I think its utccr 1999 in that this is


A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith it causes a significant imbalance in the parties rights and obligations arising under the contract to the detriment of the consumer.

It was not written in a term that was understandable to us.


Would this be a type of complaint that the ombudsman would be able to look into.

di3004

marshallka wrote: »

Just rang the FOS about my co-op ones and had to leave a message as its voicemail as usual. Still no reply to my emails either:mad: .

I have also asked about Firstplus and they say its going to be looked at and they have requested info from Fristplus. I then asked about a complaint about the settlement in that we requested settlement figures and the last two we had there was a £477 difference and yet we had made 18 months repayments of near on £300 per month. She seemed sympathetic to this and has told me to send this in as another complaint. I told her i wanted it be about settlement of the loan and nothing about the PPI as nowhere in my terms and conditions was there the words of use of the rule 78 in settlement and that we would owe more than we borrowed. I told her my contract actually mentioned that i would receive a statutory rebate of the loan on early settlement and I think if this means rule 78 then its an unfair term. Perhaps tiggrae can advise me how i would make this complaint. I think its utccr 1999 in that this is


A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith it causes a significant imbalance in the parties rights and obligations arising under the contract to the detriment of the consumer.


Would this be a type of complaint that the ombudsman would be able to look into.

Wow so are you relieved to hear this news at last then hunni.....;) .

I am aware that the Endeavour claim of mine may have been calculated by using the rule of 78
me and calculations do not work.......:o

M Colak had done this for me before and states something like just over £3K plus interest etc I should try to reclaim back.

tiggrae

marshallka wrote: »

Just rang the FOS about my co-op ones and had to leave a message as its voicemail as usual. Still no reply to my emails either:mad: .

I have also asked about Firstplus and they say its going to be looked at and they have requested info from Firstplus.

I then asked about a complaint about the settlement in that we requested settlement figures and the last two we had there was a £477 difference and yet we had made 18 months repayments of near on £300 per month. She seemed sympathetic to this and has told me to send this in as another complaint. I told her i wanted it be about settlement of the loan and nothing about the PPI as nowhere in my terms and conditions was there the words of use of the rule 78 in settlement and that we would owe more than we borrowed. I told her my contract actually mentioned that i would receive a statutory rebate of the loan on early settlement and I think if this means rule 78 then its an unfair term. Perhaps tiggrae can advise me how i would make this complaint. I think its utccr 1999 in that this is


A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith it causes a significant imbalance in the parties rights and obligations arising under the contract to the detriment of the consumer.

It was not written in a term that was understandable to us.


Would this be a type of complaint that the ombudsman would be able to look into.

That's right - Section 5.1 of the UCCTR '99 - as for whether the Ombudsman can look at it for settlement of loans - can't answer that one - you'de probably be better asking on the loans forum

and don't say it was written in a way that wasn't understandable - your complaint is because the terms were pre-written and they're unfair as the calcuation of any refund is balanced in the favour of First Plus rather then you as a consumer

rachey6th

Hi again, I sent request of info, complaint and PPI request to Beneficial by recorded delivery on 3rd September. I received a letter from their complaints department on 16th Septemeber stating they are dealing with my complaint. Lets see if it gets me anywhere. I will keep you posred. Rachx