PPI Reclaiming discussion Part II

m.colak

tiggrae wrote: »

This is the rules for CPR 18 - I think the solicitors will be referring to is 1.2 - ie has to be concise, but there is nothing I've seen about not being allowed under the small claims track, I've had letters back where it says the information requested is disproportionate - however, if a defendent has put a claimant to 'a strict burden of proof' then I would argue information regarding good practice procedures over the selling of insurance are part of this (ie if they can't prove good practice procedures how can they say an insurance was sold properly ?)

PRELIMINARY REQUEST FOR FURTHER INFORMATION OR CLARIFICATION
1.1 Before making an application to the court for an order under Part 18, the party seeking clarification or information (the first party) should first serve on the party from whom it is sought (the second party) a written request for that clarification or information (a Request) stating a date by which the response to the Request should be served. The date must allow the second party a reasonable time to respond.
1.2 A Request should be concise and strictly confined to matters which are reasonably necessary and proportionate to enable the first party to prepare his own case or to understand the case he has to meet.
1.3 Requests must be made as far as possible in a single comprehensive document and not piecemeal.
1.4 A Request may be made by letter if the text of the Request is brief and the reply is likely to be brief; otherwise the Request should be made in a separate document.
1.5 If a Request is made in a letter, the letter should, in order to distinguish it from any other that might routinely be written in the course of a case,
(1)state that it contains a Request made under Part 18, and
(2)deal with no matters other than the Request.
1.6 (1)A Request (whether made by letter or in a separate document) must –
(a)be headed with the name of the court and the title and number of the claim,
(b)in its heading state that it is a Request made under Part 18, identify the first party and the second party and state the date on which it is made,
(c)set out in a separate numbered paragraph each request for information or clarification,
(d)where a Request relates to a document, identify that document and (if relevant) the paragraph or words to which it relates,
(e)state the date by which the first party expects a response to the Request.
(2)(a)A Request which is not in the form of a letter may, if convenient, be prepared in such a way that the response may be given on the same document.
(b)To do this the numbered paragraphs of the Request should appear on the left hand half of each sheet so that the paragraphs of the response may then appear on the right.
(c)Where a Request is prepared in this form an extra copy should be served for the use of the second party.
1.7 Subject to the provisions of paragraphs 3.1 to 3.3 of the Practice Direction to Part 6, a request should be served by e-mail if reasonably practicable.

I would like to add to this that yes CPR 18.1 does actually relate to small claims as well as was told by the district judge in my case (which was small claims) to utilise the ruling to get the information i was requesting at the hearing. So if the Judge says its so i guess it must be.

m.colak

marshallka wrote: »

M colak, how can you tell if things are missing from your SAR. My print outs are sort of numbered and they were sent out of sequence. (naturally). I have grouped these together and note that quite a few numbers are missing from the sequence. Can this happen. I know i am nit picking at this but i have to do. Who can tell (and more importantly who can prove) if everything is included in the SAR.

I would write back to the company requesting further clarification on the inconsistances. Explaining that the SAR was concise and asked for all correspondance and information pertaining to your account and as there seems to be sequental numbers missing you wish for clarification on what these documentations were. If they refuse to disclose such information i would then seek redress via the information commisioner as it is a breach of the data protection act.

wildanna

m.colak wrote: »

Hi everyone am looking after junior (alseep) whilst my darling wife has gone out for a dress fitting for a bridesmaid outfit. Can i help anyone?

hi matt today iwas advised by citizens advice to cancel direct debit for HFC bank loan thats the one thats with the fo since jan and to cancel ppi payments they said yes put in writing can i still claim the ppi i have paid having financial difficulties many thx

m.colak

angelwillow wrote: »

Anyone got any more advise to add? SAR and then FO?

Ok Angelwillow you need to get the SAR together and from that point then we can start working towards getting your money back. At the moment it sounds that you have a case for mis selling. However can you clarify several points:

1. Is the loan still active?
2. Have you utilised or claimed the PPI?
3. When did you take the loan out?

If you start the SAR paperwork and answer those few questions i'm sure we can start giving you some more precise and meaningful advice

marshallka

m.colak wrote: »

I would write back to the company requesting further clarification on the inconsistances. Explaining that the SAR was concise and asked for all correspondance and information pertaining to your account and as there seems to be sequental numbers missing you wish for clarification on what these documentations were. If they refuse to disclose such information i would then seek redress via the information commisioner as it is a breach of the data protection act.

Already got the letter typed m colak. thanks again:D What can the ICO do if they say that they HAVE sent everything to them. Can they check at all. I know they have kept things back.

wildanna

cflarry wrote: »

I have started writing my first letters to the loan companies: First Plus, Loans.co.uk, Endeavour finance and First National, yes, have been a serial loaner!!!

First Plus/Loans.co.uk - waiting for SAR from Loans.co.uk and final reply from First Plus before I ring FO! as none are taking my complaint seriously.

First National - still havent had a reply from my first letter

Endeavour Finance - waiting for copies of my redemption settlement

My question is can I go to the FO with three:cool: seperate complaints from these sharks?

hi am sending my sar off to FIRSTNATIONAL/LOANS.CO.UK keep me updated how you go on and i will

m.colak

marshallka wrote: »

Already got the letter typed m colak. thanks again:D What can the ICO do if they say that they HAVE sent everything to them. Can they check at all. I know they have kept things back.

Its the difference between lying to you and lying to a governement body

m.colak

wildanna wrote: »

hi matt today iwas advised by citizens advice to cancel direct debit for HFC bank loan thats the one thats with the fo since jan and to cancel ppi payments they said yes put in writing can i still claim the ppi i have paid having financial difficulties many thx

Yes you can cancel the PPI and still reclaim the amount that had be sold to you previously. Make sure however that when you cancel your PPI that the payments decrease as if they don't then you have been on the end of a single premium PPI scam. Meaning you paid the PPI & Interest first of all on your loan.

rosemahairy

wildanna wrote: »

hi matt today iwas advised by citizens advice to cancel direct debit for HFC bank loan thats the one thats with the fo since jan and to cancel ppi payments they said yes put in writing can i still claim the ppi i have paid having financial difficulties many thx

I too have a loan with HFC bank and got into financial difficulty so canceled my direct debit and rang them to arrange a reduced payment (a debt management pro gramme) Hfc actually totally re wrote the loan for me upon doing this my interest rate went from 35% to about 19% think it was my payments were over 100 month to now 23. I put to them that i wanted the ppi back as it was no use to me (self employed etc) and was not optional. After weeks of letters back and forth their final response was they would not refund the ppi. My ppi claim off HFC is now with the ombudsman. I am very hopeful because they have been fined by the FSA for miss selling and also when i did my request for all my documentation think its called a SAR they sent me someone else's loan agreement and bank details. Good job i am an honest lass eh. When i told them of their mistake they said it was human error lol. I hope this will go in my favour when the ombudsman looks at it. I would defo recommend trying to claim from HFC as they have been fined and investigated and proved to be crap

wildanna

m.colak wrote: »

Yes you can cancel the PPI and still reclaim the amount that had be sold to you previously. Make sure however that when you cancel your PPI that the payments decrease as if they don't then you have been on the end of a single premium PPI scam. Meaning you paid the PPI & Interest first of all on your loan.

IT IS A SINGLE PREMIUM SHALL I NOT CANCEL IT:eek: