Halifax are still saying they can't 'locate' the credit agreement. That's because there is one. I agreed the arrangement over the phone and they bothered to send me anything to sign. They are still refusing to pay back the ppi. What do I do now??

I am repaying a loan through a DMP and think I may have been missold ppi. I sent a SAR to Barclays who have now written back saying they are unable to locate any substantive information regarding my former banking arrangements but this may change as they make further enquiries. The informatioin from the banks systems begin to decay after a period of 3 years from the closure of the last account and after 6 years very little data remains!! This loan was taken out in 1999 but in 2001 I entered a DMP with CCCS and have been repaying through them ever since. I can't understad why they are saying that the account is closed and why they have't got any of my information. They have not produced my data within the required time and it looks like they can't produce anything anyway. What should I do? I'm inclined to ring the CCCS and tell them to withold payment until Barclays can produce some documentation. I don't even know how much I still owe them - I think it's probably only about £1500 now. Can anyone advise?

I am also attempting to get back ppi from GE. I entered into a DMP and the ppi was cancelled. Once my payments reached the minimum amount required to pay GE re-started my ppi without my consent. They have now written back to say that they have evidence of the account being part of my DMP but say when an account falls into arrears the cover is suspended and when the account is up to date the insurance is re-instated!

I have received a reply from Halifax - again they deny any mis-selling but state they have been unable to retrieve a copy of my credit agreement. From what I've read here this means the debt is unenforceable. Do I write to them to tell them that it's unenforceable and that I am stopping payment until they produce the credit agreement? Has anyone done this? I don't really want to end up court. I don't have the best credit history in the world so would prefer not to make it any worse. If anyone can help I would be most grateful.

After nearly 6 months Barclays have finally got round to providing a response to my complaint. The was taken out in 2005 and I was sold ppi in branch. They have told me that it is their policy to advise customers of the benefits of ppi and they have set procedures advisors must follow. They have sent me a copy of a Statement of Demands and Needs which they say was completed at the time. I can't remember to be honest. This shows that I told them I was in full time employment, I didn't have insurance for repayment of borrowing in the event of unemployment, I didn't know whether I was covered in the event of sickness, I didn't have cover in the event of accident and I have not consulted a doctor, received treatment in the two years. However, I did tell them that I had an existing medical condition which was stable providing I took my regular medication. I was told this was fine. Reading the t & c which they sent me (can't remember if I received them at the time) it states it excludes conditions for which you had symptoms, consulted a doctor or received treatment in the 2 years before policy started or in the case of chronic, back or psychological conditions, 5 years. They were also aware that this was a consolidation loan to pay off existing debts. Any help gratefully received.

thanks to much help from this site I have received a refund of £485.25 for the ppi that was applied to my loan. They refused to send me a cheque so the refund was taken off the balance of what I still owe but hey it's still a success!

that's great thanks Lula.

I do have statements and I've been paying roughly £35 a month for the last year. I have had treatment for a back injury a few years ago and also had a few other medical problems for which I have had treatment, so in the case of illness it probably wouldn't have covered me. Also, I am employed by a local authority so am paid in full for 6 months and then 6 months half pay if I am unable to work through sickness. My employer also provides disability and death cover. So I really didn't need the ppi. If they don't have a credit agreement and it's unenforceable what does this mean?

I applied for a credit card over the phone and was more or less bullied into taking ppi. I have written to the company asking for refund of premiums paid and have cancelled the insurance. They have written back and stating not mis-sold and assured me the advisor would have followed the correct procedures giving me the relevant information. They provided me with a copy of a letter they sent me afterwards stating that my application has been accepted but they don't have a copy of my credit agreement. THis is because they never sent me one and I never signed anything. I have written again asking for my agreement and a copy of the telephone call. This was 2 weeks ago and have not heard back from them yet even though I gave them 14 days to respond. My question is where do I stand on the fact that there is no properly executed Credit Agreement?

I have written again to the Halifax asking to provide me with proof that their representative acted appropriately and have also asked again that they send me a copy of my credit agreement. I don't think that they will provide this so I'm sure I will end up having to go to the ombudsman.

As I applied for the card over the phone I didn't sign anything at the time and I don't remember them ever sending me anything to sign either. They initially sent me one those pre-approved letters, saying I could have the card. I then phoned them, they said I could have the card as I was pre-approved, they got me to agree to the ppi and that was it. A couple of weeks later the card arrived.

Hi It's actually a credit card and it was taken out in May 2007.

Hi I wrote to Halifax asking for a refund of ppi as I felt it had been mis sold. It was sold over the phone and although I informed the advisor that I had adequate cover through my employer, they still managed to get me to sign up for their insurance!! (How dumb am I?) I asked for a refund as I felt pressured into buying their insurance when I didn't want or need it. Also, the advisor did not explain that it wouldn't cover any pre-existing medical conditions. I have requested a copy of the credit agreement. Have received a reply from Halifax which states having investigated my complaint it appears the sales process was followed correctly. The advisor would have explained details of the policy and would have recommended that I read the documents. Unfortunately, a copy of my credit agreement is not available. They have sent me a copy of a letter they sent to me which confirms the application details for the ppi and informs me to read the policy terms and conditions. So basically they have told me to get lost. I know I have write back to them but am not quite sure of what to say. Can anyone help?

I have successfully reclaimed about £500 of ppi on a loan. However, the letter received today says that they have credited it to my loan account. Can they do this without my permission? Can I request that they actually send me a cheque? Also, they haven't paid interest on this money. Should I write back asking for the interest as well or accept the offer as it stands. I'm a bit nervous about pushing it too far as I am paying back this loan through a DMP. Thanks:)

I was wondering if I can claim late payment charges on a loan. I'm in the process of claiming back charges from credit card companies and the ppi on a loan but do the same rules about charges apply to loans?

Thanks for getting back to me. I'm not planning on going away. I'll quote S32 at them and see what they say. I get the feeling that these banks seem to think that we're stupid and they rely on people not being aware of their rights.

Thanks for the reply. That's great news. The loan is with Barclays and hasn't been sold to a debt collection agency. I don't have the original paperwork so if I do a SAR I assume they should send me a copy of anything I signed? My husband also had a loan with Barclays taken out in 2000 over a 8 year term. This was paid off early when he took out another larger loan with Barclays in 2005. I have written to the bank stating that the ppi was mis-sold due to the fact the my husband has a pre-existing medical condition. The bank have written back and have stated 'that it is reasonable to expect customers to raise an issue within a reasonable time. By postponing making your complaint, our positon has been prejudiced and the level of any investigation could have been compromised. Where a complaint relates to an alleged breach of duty outside six years, it is considered time barred under the status of limitations.' They have also advised that when the loan was paid prior to maturity a refund of the unused premium was obtained and credited to the loan in order to reduce the balace outstanding. We've got no idea of how much was repaid, we did not receive any breakdown of figures. I have written back asking for a breakdown of figures and confirmation of my husband's authority to pay the refund to the loan account (surely as it was his money he should have given his permission for them to pay it to the loan account?) I have also stated that as the loan end in 2005, they should still have all the documents relating to this account. I feel we're going to have a fight on our hands with this one so any help gratefully received.

Hi I took out a loan in 2000 over a term of 5 years but in 2002 due to financial difficulties I started a DMp with CCCS and am still repaying the loan. My question is that although I took out the loan over 6 years ago, can I still reclaim ppi as the end of the loan was officially less than 6 years ago. thanks for your help

I have just received yet another fob off letter from the Halifax. The thing that has made me so cross is that it is more or less word for word the same as the last letter they sent me. They have completely ignored the points I raised with them. I am so cross. They have just stated that they subscribe to ABI rules, they have processes in place to provide explanation of the contract and sent out relevent literature. I would have been advised to read literature and it was my responsibility to check the policy was suitable. They have no record of me expressing concerns in relation to a pre-exisiting medical condition. They can find no evidence to suggest that I was not eligible for the cover, blah blah blah. The ppi relates to a credit card which was applied for by post. They have sent a copy of the application and i did tick the ppi box. Any ideas?

Hi This is my first time posting but have been lurking around for awhile. What a fantastic site. I've written to various banks and credit card company's re charges and ppi and am in the process of fighting with most of them. It's great to have somewhere to come to for advice and support as I feel I'm in for the long haul with most of them.