Claiming back PPI once they have refused too

[Scrapper]

Hi CB,

 

I thought that as well so I have queried it with them. Since they ruled in my favor I have also queried why they are not forcing A&L to continue with my claim instead of just reimbursing me as my actual complaint was about being unable to claim again not requesting my premiums back.

 

Let's wait and see what happens.

 

Thanks

 

Scrapper Coco

[Scrapper]

Hopefully now I've got FOS on board I can do a deal and get the outstanding loan paid off as if A&L had allowed me to make a further claim the loan would be all paid off in 3 payments time.

 

It's not my fault they messed up so it shouldnt be my responsibility to have to find the extra cash to repay the outstanding loan when they should have cleared it by allowing another claim for unemployment.

 

Thanks

 

Scrapper Coco

[Scrapper]

Hi all

 

Need some urgent advice

 

Santander have agreed to compensate me in line with FOS guidelines but this doesn't help my situation.

 

Thank you for your email dated 10 January 2011.

To clarify my previous letter, should you choose to accept the offer by signing the settlement form Santander will then contact you outlining the exact terms of its proposed settlement. I am sorry if this was at all unclear.

The redress offered by Santander is in line with the Financial Ombudsman Service guidance regarding offers in cases where PPI has be mis-sold. You can find this guidance on our web-site at http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi/redress.html.

The aim of the redress is to place you back in the position you would have been had you not taken out the PPI policy. In your case the redress would include the following;

 

• A calculation of the monthly payments that you have actually paid towards the overall loan in excess of those you would have needed to make, if the original loan had been sold without the PPI policy.
  
• A restructing of your loan going forward, so that the amount you owe, the monthly repayments, the terms and the charges reflect those that would have applied, if the original loan had been sold without the PPI policy.
  
• The cancellation of the PPI policy - with any rebate in premiums being set against the outstanding balance of your loan
  
• The addition of 8% interest pa to any excess payments you have made - from the time each payment was made to the point that Santander pays them back to you.
  

I am afraid that I cannot provide exact figures, these would only be calculated by Santander once you had accepted the proposed offer.

The offer has been made as a good will gesture and is not an admission of guilt.

Should you decide not to accept the offer you have the right to ask an ombudsman to look at your case.

Please do no hesitate to contact me if you, or your advisor, have any questions regarding the offer.

 

 

My original complaint was about them not making it clear that I couldn't make a further claim and basically having me over. FOS agreed with me. Having since been laid off again I require them to carry on paying the loan payments. Just refunding the difference and cancelling the PPI doesn't help me one bit. In fact it will make things worse as I will have no means of paying them the required amount each month and you can bet they will hound me and default my account at the first oppertunity that's for sure.

 

Furthermore if they had allowed me to make another claim the entire loan would have been repaid by the time the insurance ran out. They may not admit liability but surely by just making the offer goes some way to admitting not all was above board and legal?

 

All commments and serious help welcome as I don't know what to do next.

 

 

 

Thanks

Scrapper Coco 8)

[Scrapper]

bump

[Scrapper]

Bump bump

 

Really need some help as I have go to make a decision by the 19th Jan

 

Thanks

Scrapper Coco 8-)

[citizenB]

I think all you can do is point out the reasons that you feel unable to accept the offer/decision made as in post #78 and ask for an ombudsman review.

 

The annoying thing is that you dont know what the offer will be because Santander havent given you any figures. Is there any chance that by restructuring etc the loan will be cleared or reduced to an amount that you could afford ?

[Ace of Spades]

I have been reading this with interest.

 

How can Santander expect you to accept an offer when you don't know what it is?! Muppets...

 

Good luck!

[citizenB]

I have been reading this with interest.

 

How can Santander expect you to accept an offer when you don't know what it is?! Muppets...

 

Good luck!

 

The FOS are sending out these blind decisions on a regular basis, AoS... I love your avatar

[Scrapper]

Morning CB & AOS

 

Thanks for your help with this. That is exactly what I thought. I have asked twice for figures now but have been advised they will only supply them once I accept the offer. Like hell I will sign anything.

 

I'm going to send them this. Short and sweet but to the point.

 

Feel free to add anything you like

 

I have been advised that I should request an Ombudsman's review on this matter as I am unable to make an informed decision without Santander presenting me with the exact figures.

 

How can I be expected to accept something that has not been presented to me in writing?

 

Even with the information in front of me and Santander willing to make an offer I would still be at a financial disadvantage and possibly open to legal action from Santander should I ever find myself unemployed in the future given the PPI will be canceled.

 

This doesn't resolve my original complaint of being unable to make a further claim until such time I find employment or any future claims while the loan is still active.

 

 

Thanks

Scrapper Coco 8-)

[citizenB]

Looks fine to me, Scrapper. It lays out your position quite clearly.

[Scrapper]

Afternnon all,

 

This is the somewhat unhelpful responce I received from FOS today.

 

Talk about the blind leading the blind.

 

Thank you for your email dated 18 January 2011, I am sorry for the delay in my reply.

I confirm that we are not in a position to provide you with figures at this stage. The Financial Ombudsman Service's approach to redress in cases does not focus on quantum, it is designed to put you back in the position you would have been had you not taken out a PPI policy at all. I have set out the approach that we use to work this out in my previous emails, and it is available on our web site. I can confirm that the redress you have been offered by Santander fulfils this aim.

If you accept the offer, and therefore the ombudsman service's approach, and then the figures given by Santander are not to your satisfaction, we can step in and check them. However, if you choose not to accept this methodology then we will not be able to provide you with the resolution you are looking for and you may wish to pursue this complaint via the courts.

I acknowledge that you are complaining that you could not claim for a second period of unemployment. However, having examined your case and applied industry knowledge, I do not consider that you would have been able to claim for a second period of unemployment had you had any other policy available on the market at this time. I say this because it is standard industry practice to require that there is a six month period between successive claims, as there was only four months between the end of your first claim and the potential start of a second you would not be entitled to claim.

Should you continue to feel that you are unhappy with the approach used, you are entitled to request that an ombudsman review your case. I would like to point out at this stage that the current waiting time may take up to one year.

 

So many questions but don't know where to start.

 

Thanks

Scrapper Coco8-)

[Scrapper]

Bump bump

 

Any ideas what steps to take next?

 

Thanks

Scrapper Coco 8-)

[Scrapper]

BUMP

 

Anyone?

 

Thanks

Scrapper Coco 8-)

[Scrapper]

Bump Bump

 

Could really do with some advice / help with this please

 

Thanks

Scrapper Coco 8-)

[Scrapper]

bump bump bump

 

 

Got this today so really need some advice ASAP

 

Further to my email dated 18 January 2011, I understand that you wish to seek legal advice before deciding how to proceed. However, it is now four weeks since I sent you my original offer letter, and I have yet to receive a response from you.

Please could you provide a timescale within which you intend to be in a position to make a decision. Alternatively, please advise me whether you wish to accept the offer at this point in time. If I do not hear from you by 9 February 2011, I will assume that you no longer wish to pursue this complaint and I will arrange to close my file.

 

 

Thanks

Scrapper Coco 8-)

[Scrapper]

I'm going to send them this.

 

As I pointed out in my previous email I am considering an Ombudsman's review but until I receive confirmation on which course of action to take I cannot make an informed decision.

 

I understand the redress offered by Santander is in line with the Financial Ombudsman Service guidance regarding offers in cases where PPI has be mis-sold but this is not in line with my original complaint and is completely flawed as I cannot be expected to accept something without firstly knowing what is being offered.

 

Given that Santander are willing to make an offer without prejudice doesn't excuse the fact I shall be seriously out of pocket due to their actions not mine.

 

I opted for this policy in good faith yet as I understand it Santander are being allowed to walk away from what they have done due to the sheer fact that they accept your ruling without prejudice.

 

Taking the Ombudsman's guidance into account and the information in front of me, and what I have already made clear. I will be seriously financially disadvantaged and there is a very serious possibility I will be open to legal action from Santander given the payment made to the loan account will not be sufficient enough to cover the current arrears and me being unable to make up the difference as I am still unemployed.

 

This doesn't resolve my original complaint of being unable to make a further claim until such time I find employment or any future claims while the loan is still active.

 

I request that this complaint to left open until such time I am in a position to advise otherwise.

 

 

Any thoughts well?

 

Thanks

Scrapper Coco 8)

[Scrapper]

As I pointed out in my previous email I am considering an Ombudsman's review but until I receive confirmation on which course of action to take I cannot make an informed decision.

I understand the redress offered by Santander is in line with the Financial Ombudsman Service guidance regarding offers in cases where PPI has be mis-sold but this is not in line with my original complaint and is seriously flawed as I cannot be expected to accept something without firstly knowing what is being offered. This is just a common sense approach and I find it difficult to believe that an organization that was set up to help consumers negotiate with financial organizations when communication breaks down, quite frankly expects people to accept offers without firstly knowing what is being offered. This is not simply a case of me wanting my PPI premiums back.

 

Given that Santander are willing to make an offer without prejudice doesn't excuse the fact I shall be seriously out of pocket due to their actions not mine.

I opted for this policy in good faith yet as I understand it, Santander are being allowed to walk away from their responsibilities due to the sheer fact that they accept your ruling without prejudice.

Taking the Ombudsman's guidance into account and the information in front of me, and what I have already made clear. I will be seriously financially disadvantaged and there is a very serious possibility I will be open to legal action from Santander given the payment they make to the loan account will not be sufficient enough to cover the current arrears and me being unable to make up the difference as I am still unemployed.

This doesn't resolve my original complaint of being unable to make a further claim until such time I find employment or any future claims while the loan is still active.

 

I would also like to draw your attention to the comments you made regarding making a second claim.

 

"However, having examined your case and applied industry knowledge, I do not consider that you would have been able to claim for a second period of unemployment had you had any other policy available on the market at this time. I say this because it is standard industry practice to require that there is a six month period between successive claims, as there was only four months between the end of your first claim and the potential start of a second you would not be entitled to claim."

 

Your argument is completely flawed as I can provide you with solid proof that I could have taken a new policy out with an independent company and been covered after as little as 60 days. I have provided this proof to a colleague of yours on another issue I currently have outstanding and I have included details for your consideration. These are just a few of the many policies available today.

As you will see from the attached there are a number of policy’s I could have taken out which would have provided further cover only after 60 – 90 days. And if you go into more detail I could have made further claims after only 3 months not 6 months as quoted by you in the above statement.

http://www.antinsurance.co.uk/incomeprotection.html

http://www.portwood.co.uk/mortgage-protection-policy-lists.htm

http://www.paymentcare.co.uk/income-payment-protection-insurance-uk.php

 

 

I also have other policies which covered me again after only 3 months of further unemployment and have paid off the outstanding amounts owed on a second claim.

 

Taking the above into account I request that this complaint to left open until such time I am in a position to advise you of what action I will be taking.

 

On a more worrying note I would like to bring to your attention the following issue which your colleague Helen Tideswell assured me wouldn't happen in her email of dated 15th November 2010.

 

 

"Santander has confirmed that it will not chase the debt until the complaint is resolved."

Yesterday I applied for a small business account and nearly had my request rejected due to Santander putting late payment makers all over my credit file.

Could you please contact Santander and remind them that while an account is in a legitimate dispute it is somewhat unethical to try and ruin my life.

I am trying to get my life back on track after the events of the last 2 years and this action by them is somewhat hard to comprehend given the part the banks played in the demise of this country and it's workforce.

If I hadn't had such an understanding business advisor who overruled the system, I would have been seriously stuck as I would of been unable to accept any form of payment and once again the banks would have played a major part in this problem and possibly prevented me from employment.

This leads me back to my previous comments, and being left in a somewhat awkward position should I accept Santander's offer of payment. If they are not willing to listen to the Ombudsman now, you can be assured should I accept any such offer they will commence legal proceedings against me immediately as I will still be in arrears. This will cause me no end of problems in the future due to no fault of my own doing or making.

 

Thanks

Scrapper Coco 8-)

Edited February 4, 2011 by Scrapper

[Scrapper]

I received this on Friday but this offer makes no sense. This amount is still less than I have been charged in interest for the PPI

 

Makes non odds as as per usual nobody on here is helping out unless your in the lets talk about the same cr*p over and over again on certain threads. Think I'll just move to another forum for answers.

 

Santander has now provided me with a detailed breakdown of your offer:

A - total monthly premiums to 1 March 2010 = £2,655.40

B - Interest on the total refund, payable to 31 January 2011 = £693.01

C - Total refund (A + B) = £3,3348.41

D - Total claims made on insurance policy = £4,718.88

E - Total Money Back payment = £100

F - Total Deduction (D +E) = £4,818.88

G - Negative total amount of redress = -£1470.47

You will see from the breakdown of this offer that the claim for insurance made on the policy is higher than the redress amount and interest and therefore there are no monies due to yourself.

My opinion remains unchanged and I consider that this offer is reasonable. Going forward, I am going to prepare your file for final decision by an ombudsman as you are not accepting the ombudsman's approach to PPI sales. The current waiting time for final decision is up to one year therefore if you decide that you do not want to proceed with your complaint, then you can let me know at any time and I will remove the complaint from the queue. Please note, that moving forward neither Helen Tideswell, nor myself will continue to discuss the merits of your complaint with you unless you provide information that may change the outcome of the complaint. I have followed the approach of the ombudsman ( http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html ) when dealing with your complaint therefore I am unable to change this approach within my decision. The only suitable way forward within this service is for the ombudsman to review your complaint to see if I have applied the approach correctly.

Please let me know as soon as possible how you wish to proceed, or no later than 9 February 2011.

[Scrapper]

Please arrange for this complaint to be escalated to an Ombudsman's review as I am somewhat at a loss for words and find your whole attitude in this mess somewhat concerning.

 

Santander paid £4726.08 for my initial claim calculated at £393.84 * 12

 

The original premium was £5,542.18 added to the loan amount on the 3rd May 2006. Interest at 5.5% was added to this amount. Interest £1108.22. Total amount £6650.40.

 

So in effect the Ombudsman's approach is that Santander can charge me £6650.40 for the pleasure of having PPI yet only have to pay out £4726.08 for my claim and are allowed to keep £1,924.32 because that's your approach after ruling in MY favor. Is that correct?

 

Did you even take into account the following:

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.

Given that you yourself are unable to take all the factors into consideration and make an informed decision of your own after all the information I provided you with regarding case law and CCA regulations I wish to make a formal complaint.

 

Can you please advise me of who I should write to by the 8th February and also confirm that this matter has been passed for review.

 

Yours sincerely

[Scrapper]

Morning,

 

Can someone change the thread name to "Santander PPI Struggle" please

 

Thanks

Scrapper Coco 8-)

[Scrapper]

FOS are looking into my official complaint about the adjuditcator and her lack on knowledge given A&L advised her I wasn't entitled to any form of refund to my account etc.

 

Thanks

Scrapper Coco 8-)

[Scrapper]

A&L have now offered a refund and will restructure the loan and remove the late payment markers from my credit file.

 

Thanks for the little or no help. The help from CB was the only thing that kept me going. So a big thanks to CB

 

This forum has lost its way and it's time to move on like a few others on here . Would name a few but don;t want to break any rules. Already been speaking with them on the other side

 

Scapper Coco 8)

[Scrapper]

Evening,

 

Long time since I've been on this thread that's for sure. And apologizes for my previous post above. Had a stressful few years to say the least.

 

Anyway to cut a long story short FOS ruled in my favor and Santander refunded the PPI payment to my account and accepted monthly payments that I could afford.

 

They haven't updated my CF for over 2 years and today (Yes Today. Look at the date on the letter. Asked Postman to sign and confirm it was only delivered today as proof) I received the attached in the post completely out of the blue.

 

http://i420.photobucket.com/albums/pp284/djackson29/DF1.jpg

 

Also take into account that on Saturday 16th June I received a letter advising that my continued payment agreement was acceptable for another 6 months.

 

By my reckoning, only receiving the DN today and the date it was supposedly sent makes it invalid as they come. Also doesn't state the required date. Just 14 days from the date of the letter.

 

That makes it impossible to rectify as it arrived 2 days after the event.

 

Me thinks I shall reduce my payments to them and contact FOS again to open another complaint (knowing it costs them £500 give me great satisfaction) I shall also be contacting the ICO (Not that it will do much good as they are about a helpful as a wet paper bag:lol:)

 

All comment welcome

 

Thanks

Scrapper Coco

[citizenB]

Yes, I think you should make a complaint in respect of this..

 

What class of post was used ? Postal requirements are 2 business days for 1st class post and 4 days for 2nd or UK Mail post.

 

Aside from the fact that you will be able to prove the date this was received by you. See below.. where it specifially states in the regs that it MUST be a date eg.. 10th May 2012

 

 

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1910254.html

Originally Posted by 42man

quote the following from Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561)

 

SCHEDULE 2

 

FORM OF DEFAULT NOTICE BEFORE A CREDITOR OR OWNER CAN BECOME ENTITLED, BY REASON OF ANY BREACH BY THE

DEBTOR OR HIRER OF A REGULATED AGREEEMENT, TO TERMINATE THE AGREEMENT, DEMAND EARLIER PAYMENT OF ANY

SUM, RECOVER POSSESSION OF ANY GOODS OR LAND, TREAT ANY RIGHT CONFERRED ON THE DEBTOR OR HIRER BY THE

AGREEMENT AS TERMINATED, RESTRICTED OR DEFERRED OR ENFORCE ANY SECURITY

Regulation 2(2)

Details of agreement

 

1 A description of the agreement sufficient to identify it.

 

Parties to agreement

2 (1) The name and a postal address of the creditor or owner.

(2) The name and postal address of the debtor or hirer.

 

Details of breach of agreement and action required to remedy, or pay compensation for, the breach

 

3 A specification of:--

(a) the provision of the agreement alleged to have been breached; and

(b) the nature of the alleged breach of the agreement, specifying clearly the

matters complained of; and either

© if the breach is capable of remedy, what action is required to remedy it and

the date, being a date [not less than fourteen days] after the date of service of

the notice, before which that action is to be taken; or

 

 

(d) if the breach is not capable of remedy, the sum (if any) required to be paid

as compensation for the breach and the date, being a date [not less than

fourteen days] after the date of service of the notice, before which it is to be

paid. relevant case law is this too...

 

If you also have confirmation that you are in a payment plan, then you have not failed to make the payments requested. So they are Treating you Unfairly IMHO.

 

As always, you need to write to the company - head your letter Official Complaint - telling them what you think they have done and how you want them to remedy things. They have 8 weeks, after which time you can take your complaint to the Financial Ombudsman.

[Scrapper]

Hi CB

 

Sorry for the delayed reply.

 

The envelope has TNT on it but also has the same S as UK Mail. Confusing

 

Cheers

Scrapper Coco