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PPI Reclaiming discussion Part II

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  • murphy1212
    murphy1212 Posts: 13 Forumite
    Marshallka

    Thanks for your reply. The loan was taken out in November 2006 and fully settled March 2008. It was a single up front premium on the loan of approx 6.5k, of which in the early settlement they said i have already been refunded a partial rebate of approx £1200.00.

    I am certainly going to speak to this guy and request a copy of my conversation
  • Ploddy
    Ploddy Posts: 86 Forumite
    m.colak wrote: »
    Again this is rubbish and PPI is optional at all times. Just because another company put PPI has nothing to do with some other company providing you the money to pay said loan off. I would right this in the letter stating that you were mis informed on the loan application on the requirement for PPI relating to the previous loan.

    That's what I thought, cheers. :beer:

    Does anyone know where this is written on a website or official government document so I can direct my back to it.

    Ploddy
  • marshallka
    marshallka Posts: 14,585 Forumite
    murphy1212 wrote: »
    Marshallka

    Thanks for your reply. The loan was taken out in November 2006 and fully settled March 2008. It was a single up front premium on the loan of approx 6.5k, of which in the early settlement they said i have already been refunded a partial rebate of approx £1200.00.

    I am certainly going to speak to this guy and request a copy of my conversation
    There is a template letter somewhere on here for a SAR. I have just tried to find it for you and can't locate it at the moment. You are certainly in a better position than some on here (myself included) with regards to dates. Don't just ask him for a copy get the full documents to back up your claim. You have to pay £10 for it and then you get everything.

    There are lots on here to help you along the way. Just ask.

    Good luck

    one here

    I know this is not a template but this is the sort of thing you send



    Dear

    Re: Account number:

    In the first part under the Data Protection Act 1998:

    Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, please supply me with a complete list of transactions and charges relating to the above accounts held with you since they were opened.

    Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my business with you.

    If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.


    For the avoidance of any and all doubt, I reiterate:

    I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on any/all types of media in any relevant filing system (microfiche included).

    If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

    Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge.





    I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

    I enclose the statutory maximum fee of £10.00 to access ALL data held by XXXXX about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

    You have 40 days in which to comply with this request.

    This communication has been sent Recorded Delivery so I can ensure compliance on these issues within the legislative timeframes.

    Yours Sincerely






    Enc:
    Postal Order for £10. Specifically for DPA/SAR request – not to be credited to any account.
  • alleybabes
    alleybabes Posts: 92 Forumite
    m.colak wrote: »
    ok don't worry to start with. This is simply a delaying tactic usually. Go with all your paperwork on the day and make sure you have details such as how much a typical days pay is and how much it cost you to travel including any other incidental costs (this is so you get at least your expense's back). Hold in there 9/10 times the judge will aknowledge the fact that they responded to the judgement but make sure that you highlight the fact that they have had ampall time to respond to the case previous. Worst case is the judgement will be stayed and they will be given another 14 days to get a defence together for an actual court case. Its at this point you start asking for the details of the person whom sold you the loan and what training they had received in relation to the selling of the insurance (make sure you quote CPR 18.1 at them (request for information pertaining to your case)).

    thanks m colak they acknowledged the claim so they had 28 days to reply,the solicitor sounded quite threatening in the letter and said to avoid further unecessary costs being incurred seek my agreement to the judgement being set aside,and thier client filing a defemce to the claim, what difference does it make if i agree/ do you think they just want to scare me into believing i wont win? thanks m colak you are a great help
  • homer_j_3
    homer_j_3 Posts: 3,266 Forumite
    As per a previous post of mine, I have posted the information about getting more back than PPI with the illegal contracts that many of you have.

    http://forums.moneysavingexpert.com/showthread.html?p=11127491#post11127491
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • suzy83
    suzy83 Posts: 105 Forumite
    Hello Guys,

    I would like to ask the following question to see whether i can claim PPI.

    Its a long story however i will try to get to the point.

    Got a loan with my ex boyfriend (Big Mistake there!) the PPI was spread over the term of the loan. We borrowed 20k and with the PPI total £24k not including interest. Now that we have seperated and he left me with the loan to pay. I kicked off !!! and sent letters to the loas company saying could i pay half my liability. Took 12 months to win this agreement.

    Anyway the loan has been paid off on my side but he has to pay his half. I was just looking through the paperwork the other day and noticed that the PPI was only covered for the first named person, which is my ex. So if i lost my job that ment i wouldn't have been able to have claim. This is not what they told me when we took the loan out. They said if either one of use became ill or lost our job it would be covered.

    Do anyone think i can claim?

    Thanks,

    Sue xx
    Bank Charges refunded from Halifax £2600
    Bank Charges refunded from halifax joint account £554
    Credit Card Charges refunded £300 plus interest
    I'm proud to be dealing with debt!!! :T
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    I have just sent off my first claim letter to Cahoot. I paid of my loan a month or so ago. I tried to access my account online but it has totally closed down now so I can't find my figures. I took the loan out in September 2004 and it wasn't until about a year ago when I set up to view my account online that I realised I was paying over £50 a month PPI. More than I was paying in premiums!!! No wonder my balance wasn't reducing!!!
    My original loan was around £5000 which we topped up with another £1000 a year or so later. Can anyone give me some idea of a ball park figure I should claim for?
    I think it could be roughly 3 years @ £50 a month plus interest at 8% = £1800 plus £144. Does this make sense to anyone??
    When you're talking about 8% interest I presume you mean statutory interest ? you don't work that out as a lump sum, it's worked out on a daily rate basis from the day you made your premium payment - the easiest way to work it out is to go onto the bank charges forum and use the calculator on their - it'll work it out for you !!
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    spacey2930 wrote: »
    can anyone help me with my dilemma?
    i have recently contacted Black Horse Motor Finance to request the return of my PPI however they have told me that i cannot use the OFT as the PPI was taken out before they were regulated by them
    can anybody help me with an alternative authority or service to help me with this please?
    You're left with the County Court route !!!
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    murphy1212 wrote: »
    Hi, first post on here, just need a bit of advice

    sent off my initial letter to FP on the basis of a single policy being mis-sold and today got a 3 page letter back stating that because i agreed to the policy at the start of the loan this wasnt going to be upheld!!
    I actually remember the sales person stating that the loan could not be taken out unless i used their insurance, but they say they have recorded documentation stating my acceptance.They have said it was all clearly confirmed to me at the time and a breakdown was advised!
    Finally, the guy at FP, Craig Silver, has said that he will keep the file open for 8 weeks if he dosent hear from me the case will be closed, however he has also said that if i am not happy i can go to the FOS, but before that option becomes available i can call him!

    Any help would be greatly appreciated

    Thanks
    take your complaint to the Financial Ombudsman - you can download the form from their website - they are currently taking 6-9 months to review a case but it's alot less stressful then the county courts !!!
  • homer_j_3
    homer_j_3 Posts: 3,266 Forumite
    Cannot help you with PPI but one thing that I did wonder is does the loan show as zero/settled on your credit file?

    I would not see why you could not put a claim in as you have repaid the PPI too but will have to see what other people think on this one.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
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