Tracey V HFC (Marbles) PPI

[traceyb918]

I've just written my 1st letter to Marbles re mis-sold PPI.:confused:

[pompeyfaith]

Good Luck if you need any help you know where we are.

 

Regards

 

Leon

[cherylmarie]

Im also just starting out with HFC (Beneficial Finance) so good luck to both of us!!

[pompeyfaith]

Indeed cheryl

 

As i said if you need help just shout our way and we will do all we can to help up the caggers

 

Regards

 

Leon

[traceyb918]

Thank you, il need help when i start getting letters. I've ask a copy of my CCA and then i'm going to try and get my PPI back i paid it for 5 years and didnt even realise i had taken it out, abit silly!

[pompeyfaith]

Ok tracey when you get a reply just remove any personal stuff and post the reply on here.

 

The easiest way to do this is scan the document and upload it to photobucket.com then post the link to that document in your message.

 

Having done that we can help you but do remember to remove ant personal details like account numbers your address etc.

 

Regards

 

Leon

[traceyb918]

ive not received any reply from Marbles should i send another letter??

[pompeyfaith]

What was the date you sent this letter, if it was the 1st november 08 i would allow another 2 days for postage.

 

What type of letter did you send was it a formal letter of complaint to ask for refund.

 

Was it an S.A.R letter if it was one of these the statutory time limit for reply is 40 days.

 

If it was a CCA request that is 2 weeks ( calender ) plus 2 days for postage.

 

Do you have a Scanner can you post your letter on here removing personal details so i can give you a more informed response ?

 

Regards

 

Leon

[traceyb918]

Thanks for being so quick i sent this on the 1st

 

Recorded Delivery

HFC Bank (Marbles)

PO Box 3615

B3 2RJ

Dear Sir/Madam

 

Re:− Account/Reference Number

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I look forward to hearing from you.

 

Yours faithfully____

[pompeyfaith]

Ok Tracy

 

The letter you sent will only get you a copy of your credit agreement as you want all the details regarding the PPI i.e the premium paid upfront and the interest paid etc i would send off a PPI S.A.R letter enclosing the statutory fee of £10 link to template below just adapt it to suit your needs.

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/118145-r-subject-access-request.html

 

If this is a credit card and the PPI was paid monthly on the outstanding balance you will need is all the statements issued to you.

 

This template is suitable for credit card PPI and single premium PPI send it recorded delivery and get a receipt of posting allow the 40 days for a reply plus 2 days postage 42 days in total

 

Regards

 

Leon

[traceyb918]

Thank you

 

Today I received in the post a copy of the "priority Application for which was signed in 2002 and some statements, is that acceptable as a copy of the cca??

[pompeyfaith]

No it is not that is an application and not a credit agreement.

 

A priority application does not enforce an agreement it merely shows you have applied for a credit agreement.

 

It does look like they have not got an agreement which means they cannot enforce an agreement.

 

I would send off that S.A.R letter and see what that throws up.

 

Regards

 

Leon

[traceyb918]

Thank you, i've just printed off my SAR will send it recorded on monday.x

[pompeyfaith]

Ok Tracey thats fine remember you have to allow them 40 days + 2 for postage that is statutory as it gives them the time to do a search for all documents they hold on you.

 

Remember to get a receipt of posting then they cant say they have not received it.

 

By my calculation taking into consideration Xmas and new yr they have until the 2ND Jan 09 to supply.

 

I have this thread in my subscribed threads so i will check back then and we will take it from there.

 

If i dont hear from you until the 2nd Jan have a very merry xmas and a happy new year.

 

Although i am around if you need help with anything else.

 

Regards

 

Leon

[traceyb918]

Thank you x

[traceyb918]

Hi Leon

 

What do you think my grounds for being mis-sold was?, I'm starting to worry that maybe i dont have any i was just a bit stupid and didnt realise for 5 years i had it, and thats not really a good arguement, if i was off work for any length of time my employer would have paid me. I think when i applied for the credit card online the box must have been pre ticked because it's something i dont tend to take out.x

[pompeyfaith]

Ok Tracey No problem your grounds for mis-selling of PPI can be any of those below I think numbers 2,3,4,6,8,10,and 13 will apply to you and maybe 7,9 and 11

 

1 You were not in work or self employed at the time of sale

 

2 You were told that you had to take the PPI out at the same time as the loan or not at all

 

3 You were not asked whether you had any other insurance which would cover the loan

 

4 You were not told you could buy PPI elsewhere to cover the loan

 

5 You were sold a policy which had age restrictions which you fell outside of

 

6 You were led to believe that Payment Protection Insurance was compulsory

 

7 You were told that you would stand more chance of getting the loan if you took the Payment Protection Insurance

 

8 It was not explained to you that there were certain exclusions within the policy that could affect you

 

9 You were pressured into buying the PPI

 

10 You paid upfront for the PPI but it was not explained that there were some PPI policies where you could pay monthly

 

11 Your PPI was an upfront premium and you repaid the loan early and received no refund

 

12 You increased your loan and the PPI was increased automatically

 

13 The Terms & Conditions of the small print were not fully explained to you

 

May i also sugest you read this link as it will give you a good insight into the mis-selling of PPI

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/61081-ppi-some-notes-claimants.html

 

Regards

 

Leon

[traceyb918]

Great Stuff!

[pompeyfaith]

You are more than welcome now go hit them where it hurts in there pocket.

 

Regards

 

Leon

[traceyb918]

Do you think i should send the account in dispute letter as they haven't provided the cca??

[pompeyfaith]

Yes i would Tracy

 

Also did you send of the S.A.R Letter as you will get a copy of the agreement though that plus any other documents they hold on you.

 

Regards

 

Leon

[traceyb918]

Hi Leon

 

yes i sent the SAR letter recorded last week. Il send the account in dispute letter tomorrow. x

 

Thank you

[traceyb918]

Received a letter in the post this morning Marbles requesting £10 PO (which I sent them) and my passport and a form to fill out SAR form all filed out and sent recorded along with my defult/dispute letter.

 

Tracey, (I'm putting all this on the post just to remind me of what stage i'm at)

[traceyb918]

I've started getting phone calls from HFC today what should I say to them?

[traceyb918]

Had 4 calls today, anyone???