PPI Reclaiming discussion Part II

tiggrae

di3004 wrote: »

Good.;)
So should I also enclose anything to do with "unfair terms in consumer contracts 1999" ?

Isn't that on that link I added earlier ?
Cheers hun, my head is all over the shop now lol......:o

it's the Unfair Consumer Contract Terms Regulations 1999 and it's section 5.1 if you want to put that down

BigNige

di3004 wrote: »

Hi there Bignige

I would definitely 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?

I cannot find the agreement anywhere, which is really annoying. Abbey bent over backwards for me when I first complained, as I threatened to go to the FO. I received a settlement within 9 weeks. I have not tried Barclaycard Loans yet, but they were being very difficult when i said I wanted to cancel the policy

Thanks for your advice

tiggrae

racheldazo wrote: »

Hi Tiggrae, just wondering what do you think i should do with regards M&S loan 2000, the ppi value to me is £5500 roughly, should i wait and see what there reply is, as the letter i received from them wasnt a final letter, i have emailed them to ask them to look at it again. Do you know roughly what the cost of the court would be for a small claims? And do you think it would be worth taking to court?
thanks for your help
Rachel

the following are the costs of filing complaint

up to £300 £30
£300.0 - £500 £45
£500.0 - £1 ,000 £65
£1,000.0 - £1,500 £75
£1,500.0 - £3,000 £85
£3,000.0 - £5,000 £ 108
£5,000.0 - £ 5,000 £225

There's also the cost of filing an allocation questionaire and if it goes to a hearing - as for whether you should go ahead - well really only you can answer that - depends upon your determination and resolve !!!

di3004

BigNige wrote: »

I cannot find the agreement anywhere, which is really annoying. Abbey bent over backwards for me when I first complained, as I threatened to go to the FO. I received a settlement within 9 weeks. I have not tried Barclaycard Loans yet, but they were being very difficult when i said I wanted to cancel the policy

Thanks for your advice

No problem, your very welcome.
I would get back to them if you can and request a copy of your agreement, you have a right to this.;)

And get reclaiming to Barclaycard.
There is a reclaiming/complaint template letter on this site if you require this to help guide you through this.;)
Check on here for mis selling reasons etc, templates on that link too.
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

nothingwitty

tiggrae wrote: »

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

Thank you Tiggrae. Useful advice as always!

I wrote to their solicitor on 9th Sep and made her aware of the non compliance. I also wrote to her on Friday last saying that I was reporting HBOS to the ICO. I sent this letter to the court hoping it would be put on file. Despite the fact the HBOS cashed my £10 fee on 6th August I have had nothing from them. I made clear in the SAR that it was part of a claim and provided the claim number. I am reluctant to adjourn the claim and would prefer to see them in court and hear the judge ask them to explain why they have withheld evidence! Everything I sent has been sent registered post so they cannot claim they did not receive them... I'm at the point where if I lose, I lose. It's been a year. What I really want is to see them in court - maybe I will bring Martin along with me!!!

Once again, many thanks

tiggrae

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

yes have settlement from bc, they can request a new loan be taken out but it must be at the same rate and you should be in no way financially disadvantaged by cancelling the insurance

BigNige

di3004 wrote: »

No problem, your very welcome.
I would get back to them if you can and request a copy of your agreement, you have a right to this.;)

And get reclaiming to Barclaycard.
There is a reclaiming/complaint template letter on this site if you require this to help guide you through this.;)
Check on here for mis selling reasons etc, templates on that link too.
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

Thanks so much. This is so helpful.

Next stop, getting my overlimit charges refunded!!!

di3004

BigNige wrote: »

Thanks so much. This is so helpful.

Next stop, getting my overlimit charges refunded!!!

You go for it hunni, keep at them, you will get there in the end.:D

Just yell here anytime okay hun.

And the very best of luck!

Di.
x

tiggrae

nothingwitty wrote: »

Thank you Tiggrae. Useful advice as always!

I wrote to their solicitor on 9th Sep and made her aware of the non compliance. I also wrote to her on Friday last saying that I was reporting HBOS to the ICO. I sent this letter to the court hoping it would be put on file. Despite the fact the HBOS cashed my £10 fee on 6th August I have had nothing from them. I made clear in the SAR that it was part of a claim and provided the claim number. I am reluctant to adjourn the claim and would prefer to see them in court and hear the judge ask them to explain why they have withheld evidence! Everything I sent has been sent registered post so they cannot claim they did not receive them... I'm at the point where if I lose, I lose. It's been a year. What I really want is to see them in court - maybe I will bring Martin along with me!!!

Once again, many thanks

ok but just a point - if you do request information as part of a claim you should do it under CPR 18 (Civil Procedure Rule 18) Request for Further Information and always write - please find attached / please see below my request for further information under CPR 18, by way of service upon you.

The 'Serving' of documents is an important part of the claim

tiggrae

BigNige wrote: »

Thanks so much. This is so helpful.

Next stop, getting my overlimit charges refunded!!!

do you know how much they are - if so I wouldn't bother asking for them back just take your claim to the county court - they pay back straight away