PPI Reclaiming discussion Part II

BigNige

They must be covered by someone? Surely trading standards? And if they offer credit or other facilities arent they supposed to be covered by regulations? I am sure there is redress somewhere.

You should speak to your CAB. It sounds like a clear cut case of theft

tiggrae

di3004 wrote: »

Marshallka or Tiggrae

Going through this FOS complaint form now regarding Endeavour and there are 2 questions I would like to ask, and wonder if you could just advise me here before I continue.

The FOS has already added the date 30 Nov 2005, and as you know they also request a date for when you first realise there might be a problem - this bit they did not add.

For this one, I did not know about these rebate issues until recent months so do I just actually write July 2008 of this year of when we first complained ?
Cheers.

Also as I have not received a final response, the last letter they did send me in August this year to them that was their final response, as you know they did not take their time to look at it which was why I resubmitted a letter letter.
The letter asks if I have received a final response but to the 2nd letter I have not and the deadline of 8 weeks are that of tomorrow, so should I tick yes or no here, thx.;)

Di.
x

yes - put july '08 and as for receiving a final response - leave blank and put see below - add into 'please give other details' that you've initially made a complaint about mis selling but changed it to unfair rebate but Endeavour appear unable to read and that they appear to be ignoring the later complaint - add in that you've given them the statutory 8 weeks to respond. Also, send a copy of the form to endeavour as a 'courtesy'

BigNige

Has anyone ever tried to tackle Barclaycard Loans for their mis-sold PPI? I have been told to cancel it I must close the loan down and make a new application for a new loan, new credit check etc etc. I think this is completely wrong. Also, I don't believe I get all of the PPI rebate back if I cancel mid-policy.

Has anyone else had any joy with getting Barclaycard to settle? I have been successful with Abbey so far, and they were very apologetic, but Barclycard seem to be very unhelpful

tiggrae

racheldazo wrote: »

Thanks for your info, i have emailed M&S this morning and asked them to look at it again, and said that i would take further action with it. I only realised about a month ago that i had paid ppi on my loan, and then when checking my insurance policies realised that i had alternate cover. I will wait and see what they say, as the letter i received wasnt a final response, would you advise court? As really i dont know too much about it, and if it did go to court wouldnt want to look a WALLY by not knowing anything about the grounds they are refusing on.
Oh tiggrae just calculated what it is worth and its £5654.47!!
thanks again for your valuable info

if you decide on court action as I'm certain m&s won't move on this keep your claim below £5000 to ensure allocation to the small claims track - if not again you could be liable for costs if allocated elsewhere

di3004

I agree with BigNige

There had to be someone to turn to regarding a complaint hunni, like what BigNige said The Trading Standards are one of those that can be quote useful here or maybe the CAB.

What about GISC by any chance or would they not cover these Cat firms ?? if you let me know the name of the CAT hun we shall see what we can find out because to my knowledge they all have their own terms & conditions.;)

tiggrae

pinknico wrote: »

Tiggrae if you see this would welcome your input.

La Redoute aka Redcats put Account cover on my account un asked and will not refund premiums as this is 2000 they are covered by no one.

If I wanted to go to court could I just claim from 2002 monthly payments to get round the 6 year limitations ?

Their replies for not upholding are a joke and if they had been covered it would be an open and shut case in my favour. Plus they have no signed agreement.

no sorry, good try but if you're claiming mis selling you have to make your claim based upon the actual date the mis selling (or mis representation) actually took place

di3004

tiggrae wrote: »

yes - put july '08 and as for receiving a final response - leave blank and put see below - add into 'please give other details' that you've initially made a complaint about mis selling but changed it to unfair rebate but Endeavour appear unable to read and that they appear to be ignoring the later complaint - add in that you've given them the statutory 8 weeks to respond. Also, send a copy of the form to endeavour as a 'courtesy'

Thank you so much Tiggrae hunni, I left it blank just in case and have done just that what you suggest.:D
A big thanks to you again.;)

Will sent off a copy for Endeavour too, cheers hun.

nothingwitty

Further to my posting yesterday regarding Bank of Scotland's non compliance with my SAR, I've written to the court and copied the HBOS litigation manager.

My name and address

My phone number

22nd September 2008

The Court Manager
Address of Court


CC: Forename Surname, Litigation Solicitor, HBOS Legal Retail

Dear Sir or Madam,

Claim Number ********

I refer to my current action against Bank of Scotland Plc.

I wish to make you aware that I sent a Subject Access Request to Bank of Scotland on 26th July, which was received by Bank of Scotland on 30th July (evidence follows). The cheque for £10 which accompanied the Subject Access Request was cashed by Bank of Scotland on the 6th August. As I received no reply to my Subject Access Request, I then faxed and posted a non-compliance letter to Bank of Scotland on 9th September, advising that Bank of Scotland had failed to honour its statutory obligations to provide the requested information. To date my request has still not been obliged.

I find it particularly disappointing that Bank of Scotland has failed to respond to my request. As you will be aware, a date has now been set for the set-aside hearing regarding my claim. Bank of Scotland’s failure to comply with their statutory obligations is now impacting on my preparation for the hearing, which I find distressing and grossly unfair. I am aware that I can pursue a Court Order to secure the information being withheld but am concerned that this would not be issued in advance of my court date of 29th October. Please also be aware that I have copied the litigation solicitor at HBOS (Forename Surname) on every correspondence regarding my Subject Access Request yet have not been made aware of any action on her part to rectify this situation.

I am therefore somewhat at a loss as to what I should do as I cannot fully prepare my case without the requested information.

I wish to enter the above for your information.

Should you wish to discuss any of the above, I can be contacted on ***** ****** ******.

Yours faithfully,

Me





TIGGRAE - Would very much appreciate your thoughts on my letter. di3004 and marshallka have been very kind and offered their opinions but I gather you work in the field and therefore would appreciate your thoughts also...


xx

di3004

BigNige wrote: »

Has anyone ever tried to tackle Barclaycard Loans for their mis-sold PPI? I have been told to cancel it I must close the loan down and make a new application for a new loan, new credit check etc etc. I think this is completely wrong. Also, I don't believe I get all of the PPI rebate back if I cancel mid-policy.

Has anyone else had any joy with getting Barclaycard to settle? I have been successful with Abbey so far, and they were very apologetic, but Barclycard seem to be very unhelpful

Hi there Bignige

I would definately try and have read that some have succeeded and some have not like them all really, so if you think you have a claim here hun then go for it, its well worth a try.

Have you still the copy of the agreement?

tiggrae

nothingwitty wrote: »

Further to my posting yesterday regarding Bank of Scotland's non compliance with my SAR, I've written to the court and copied the HBOS litigation manager.

My name and address

My phone number

22nd September 2008

The Court Manager
Address of Court


CC: Forename Surname, Litigation Solicitor, HBOS Legal Retail

Dear Sir or Madam,

Claim Number ********

I refer to my current action against Bank of Scotland Plc.

I wish to make you aware that I sent a Subject Access Request to Bank of Scotland on 26th July, which was received by Bank of Scotland on 30th July (evidence follows). The cheque for £10 which accompanied the Subject Access Request was cashed by Bank of Scotland on the 6th August. As I received no reply to my Subject Access Request, I then faxed and posted a non-compliance letter to Bank of Scotland on 9th September, advising that Bank of Scotland had failed to honour its statutory obligations to provide the requested information. To date my request has still not been obliged.

I find it particularly disappointing that Bank of Scotland has failed to respond to my request. As you will be aware, a date has now been set for the set-aside hearing regarding my claim. Bank of Scotland’s failure to comply with their statutory obligations is now impacting on my preparation for the hearing, which I find distressing and grossly unfair. I am aware that I can pursue a Court Order to secure the information being withheld but am concerned that this would not be issued in advance of my court date of 29th October. Please also be aware that I have copied the litigation solicitor at HBOS (Forename Surname) on every correspondence regarding my Subject Access Request yet have not been made aware of any action on her part to rectify this situation.

I am therefore somewhat at a loss as to what I should do as I cannot fully prepare my case without the requested information.

I wish to enter the above for your information.

Should you wish to discuss any of the above, I can be contacted on ***** ****** ******.

Yours faithfully,

Me





What do you guys and gals think???

xx

sorry but I think you're addressing it to the wrong place - you should be sending the letter to their solicitors - did you send the SAR request to their solicitors by way of service upon them - if not they could argue they know nothing about it especially if it wasn't served upon them as part of the claim!

You could send the letter to them and send a copy to the court with a covering letter asking them to place it on the court file and ask for an adjourment - you should really make a formal application to have the claim adjourned but that would cost £40