Claiming back PPI once they have refused too

[Scrapper]

Thanks postggj

 

If that is the case should I CCA them? or just send a letter straight away telling the I've gotcha?

 

If the latter is there a template anywhere I can use?

 

I'm lost when it comes to all this stuff that's why I appreciate caggers such as yourself

 

One more thing, would that make the loan unenforceable?

 

So confused

 

Thanks

 

Scrapper Coco

[postggj]

The Loan IS Total Crap

 

TOTALLY UNENFORCEABLE

 

Dont Tipp Them Off Yet

 

Do A Cca Request To Be Sure

[Scrapper]

I love you

[postggj]

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77 TO S.79 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.

 

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.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

[postggj]

I love you

 

I HAVE THAT AFFECT ON PEOPLE :rolleyes:

[Scrapper]

Doing it right now. In the post first thing recorded delivery

 

Thanks matey I really appreciate it

 

Scrapper Coco

[postggj]

Keep Me Updated

[Scrapper]

Will do matey. Your be the first to know

 

Thanks

Scrapper Coco

[Scrapper]

Morning

 

Well sent the CCA as you suggested and this is what cam back this morning.

 

What is interesting there are no terms relating to the PPI and look at page 2. It is totally different to page 2 of what I have in my pocession and mines the original. And if you look really closely the boxes don't line up they are slightly out. Hmmmmmmmmmm..............

 

 

http://i420.photobucket.com/albums/pp284/djackson29/al1.jpg

http://i420.photobucket.com/albums/pp284/djackson29/al2.jpg

http://i420.photobucket.com/albums/pp284/djackson29/al3.jpg

http://i420.photobucket.com/albums/pp284/djackson29/al4.jpg

http://i420.photobucket.com/albums/pp284/djackson29/al5.jpg

http://i420.photobucket.com/albums/pp284/djackson29/al6.jpg

 

 

And as I have already stated in previous posts. They have paid out £3500 in PPI but charged me £6500 so basically making £3000 profit out of me as well as the profit on the loan.

 

I also never recieved anything regarding the distanr selling regulations either.

 

I thought that taking the PPI on the loan covered me no matter what. What is the point in taking out PPI that is calculated over 7yrs not to be covered if you find yourself in a situation like mine.

 

I also see that last year FOS recieved over 50000 complaints about PPI, but they reckon the true figure could be more than double that.

 

So what I am asking are what are my next steps? Do I send them another letter? if so which one? or should I just go straight to FOS.

 

I haven't paid them this month as I can't and they won't get payment next month but strangely I haven't heard a word from them whatsoever and Santander are the worst for chasing as I no when my mrs forgot to pay her Debs card they were on the phone the next day near enough.

 

Thanks as always

Scrapper Coco

[Scrapper]

Bump

[Scrapper]

Bump Bump anyone.

[soslasthope]

Hi I have the same agreement as yours with Allaince and leicester sent a cca request am trying to claim PPI back and see if agreement is legal

 

Sorry I can not help you but I am sure some body will come along soon

[Scrapper]

Hi soslasthope

 

I'm actually trying to have them for mis-selling as I wasn't aware that after I made a claim that I couldn't claim again for 6 months after starting work.

 

As far as I was concerned if I was made redundant then returned to wrok only to be laid off again I could claim again.

 

The copy they sent me says refer to the T&C's overleaf but overleaf doesn't say a word about PPI and the original doesn't say anything either.

 

They haven't been chasing me though even after the rejected my mis-selling complaint.

 

Thanks

Scrapper Coco

[Scrapper]

Well as nobody answered my bump I went straight to FOS and logded a complaint and they are now dealing with it.

 

And my PPI dispute with Mint/RBS is still under investigation after I told them I spoke to one of their employees from my old place of work and she quoted that if I ever need to make a claim in the future just call and they'd be happy to help. I've got the recording from my old employer. They went somewhat quiet when I told them that.

 

Oh and the fact they never sent me the T&C's only the card and the pin under seperate cover. I quoted distance selling regs at them but don't know if that's right.

 

Thanks

Scrapper Coco

[postggj]

hi scrapper

 

just catching up

 

how is it going

[Scrapper]

Hi postggj

 

I sent the cca request and they came back with whats in post #34

 

it's the same as I have apart from page 2. Look at what they sent and what I have. Me thinks some cut and pasting has taken place. Still soesn't excuse them not sending the T&C's for the ppi. It also state please see T&c's for PPI overleaf. Well I can't see anything that says I can't claim again unless I've worked for 6 months since the last claim ended. Can you?

 

Also nothing with regards to PPI T&C's which is what I thought would happen as I never got them either I know that for a fact.

 

I also know for a fact that I never got anything relating to distant selling.

 

As I've stated before I file everything and I'm abit OCD and no where everything is. Wife hates it

 

I've sent a complaint to FOS and they are going to investigate but is there a letter I could send them in the meantime as I mean business.

 

They mis-sold me that loan and they aren't going to get away with it.

 

Strange thing is I haven't paid them this month because I can't but I have not heard a word from them.

 

Thanks

Scrapper Coco

[postggj]

has the fos given you a case number yet

 

the fos are upholding all claims against welcome at the moment with £200 comp as well

[Scrapper]

Yes they have given me a claim number.

 

Did you look at my page 2 and then the one they sent me?

 

Do you think it is strange?

 

Thanks

Scrapper Coco

[postggj]

give me a few days to go over the docs

[Scrapper]

Thanks matey

 

Off to a 40th now so speak later

 

Regards

Scrapper Coco

[Scrapper]

Hi

 

I'm wondering whether I should use this against them as well.

 

Alliance & Leicester fined £7m for mis-sold loan insurance on unsecured loans

 

Would I also be right in saying that he agreement is improperly executed due to the fact that the insurance was a charge for credit and therefore interest should not have been added to this as part of the loan under CCA 9 (4) and using the London North Securities Ltd case law.

 

 

Thanks

Scrapper Coco

Edited June 1, 2010 by Scrapper

[Scrapper]

Afternoon

 

I'm going to send them this little beauty

 

 

I write in response to my recent CCA Request dated 6th May 2010. I thank you for your information. After reading the information it has now come to my attention, that the loan account no: xxxxxx, which I took out on the 3rd May 2006 had payment protection insurance applied to it which I requested.

 

The loan was for £22,000 plus £4,471.76 charge for credit/ interest. The payment protection insurance was calculated by you at £5,452.18. Total amount of money payable £33,032.16 over 7 years and I would assume unless otherwise directed by you that 5.5% interest on the PPI of £1108.22 was included into the interest applied to this loan. This is the case on the documents provided and the original in my possession. The insurance policy No: of the payment protection insurance is xxxxxxx. I have never received any PPI policy or terms and conditions regarding this policy. I have only received a copy the application form which I requested in form of a CCA Request and this differs to the copy I have in my possession.

I am extremely disappointed that your company have conveniently failed to send me any copies of the PPI terms and conditions for the loan. This was the case also when I originally applied for the loan.

 

I am also somewhat what confused as to the statement pertaining to the PPI cover as the application in my procession clearly states that the terms relating to the product can be found overleaf. Can you please explain where exactly?

 

As I cannot find any information overleaf to what you are relating to I would like to draw your attention to the following:

 

According to the UTCCRs, a standard term must be expressed in plain and intelligible language. A term is open to challenge if it could put the consumer at a disadvantage because he or she is not clear about its meaning - even if its meaning could be worked out by a lawyer. If there is doubt as to what a term means, the meaning most favourable to the consumer will apply. If you require further clarification please refer to the office of fair trading website.

This being the case, and no terms and condition relating to the PPI policy can be found overleaf I would suggest that the above statement would come into force and you would be required to make further payments to my loan account.

 

When I took the loan with your company, I was not given offered a full and detailed explanation of payment protection insurance and was lead to believe by your company that I would be covered for the term of the loan if I was to become unemployed or ill.

 

I have thought that for the last 4 years or more. It has only become apparent to me after the recent coverage by the media, and following the recent OFT and FSA investigations regarding the mis-selling of PPI by finance companies and my attempt to make a second claim for redundancy that this isn’t the case at all. It has also been brought to my attention that Alliance & Leicester have been fined £7 million pounds for such underhand tactic when selling PPI cover on unsecured loans whether it is in person or online.

 

I believe that I have been gravely mis-led and have been mis-sold this expensive insurance.

 

I am frankly shocked that you have operated my loan account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

 

Your responsibilities

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

When I took the loan with your company, I was not offered a full and detailed explanation of payment protection insurance nor was I sent any information relating to the terms and conditions of the PPI cover and was led to believe by your company that I would be covered for the term of the loan. Even though I have made a serious complaint and a CCA request you have still failed to supply me with any terms and conditions relating to the PPI and the only reference available is your statement referring to the contents overleaf to which there are none. You have failed to abide by the regulations that are set out to protect both parties and I have reported you to FOS.

 

No attempt was made to ascertain if the product provided was fit for purpose, suitable for my needs or if indeed it at all. No inquiry was made as whether I had pre-existing insurance for accident, illness or unemployment. I was not given a copy of the insurance policy nor were any rights to cancel explained. I believe you manifestly failed in your fiduciary responsibilities, your duty of care.

 

Secondly, I understand under the Consumer Credit Acts and following a House of Lords judgment that you are not allowed to make a loan conditional on taking PPI unless you include the costs of PPI as part of the charge for credit and not the credit itself.

 

You did not do this. You added it to the total for credit and then charged me further interest on the premium on top of the interest for the loan. This is unacceptable.

 

Finally I believe insurance contracts are contracts uberrimae fidei (contracts of the utmost good faith) which imposes on you a “duty of disclosure of all material facts because one party is in a strong position to know the truth.” Inter alia, I believe that you should have disclosed to me that the type of policy you sold me, a single payment premium, did not give a pro-rata refund in event of early settlement. I believe you should have made it clear to me that the policy generated large profits for you. You failed to do this. I believe that you have also therefore failed in your duty of disclosure. Your failure to disclose is misrepresentation at common law.

 

 

Your concealment of the act of mis-selling has prevented me from asserting my right until now. I believe that there are strong grounds for action against you under common law, statute and consumer regulations.

 

The original premium was £5,542.18 added to the loan amount on the 3rd May 2006. I know that interest at 5.5% was added to this amount. Interest £1108.22. Total amount £6650.40. The Statutory 8% interest (S69 of the County CourtAct) allowed by the Courts will amount to £532.03 Making the total amount payable at the Court Stage £7,182.43

My targets to resolve this matter

I am writing to ask you to refund all the premiums paid together with interest equal to your APR at the time under the accepted principle of mutuality and reciprocity regardless that I have already made a successful claim or continue with the PPI payments on the loan as you have clearly failed with your legal responsibilities to supply me with all the relevant information required when I took out the PPI cover for the loan.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive this payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that this time frame is sufficient for a large company such as yours with its dedicated staff and departments. After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Yours faithfully,

 

Scrapper Coco

Edited June 7, 2010 by Scrapper

[citizenB]

So, you had already made a claim on the policy ?

[Scrapper]

Yes I had, but got laid off again. Went to make another claim and they said I couldn't.

 

Told them I cant pay them then and haven't heard from them since

 

Scrapper Coco

[Scrapper]

Also the original I have and the copy they sent me makes no reference at all to what the terms of the PPI are so I assume I should be covered for the term of the loan full stop not just 12 months.

 

I am in this position because of the banks and their actions. Not once but twice in less than 2 years. Then they try and hide behind terms that are not even on the documents they sent me.

 

So that is mis-selling in my book. If I have a case then great if I don't then they will have to wait for their money and that's the bottom line.

 

Thanks

Scrapper Coco