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Hi

 

I have a personal loan with the HSBC which included PPI to cover me in respect of sickness, accident, redundancy. I disclosed my full medical history to my bank (they knew it anyway because they do my life insurance). I have a lung problem which worsened and I had to give up work for 18 months, the PPI insurer refused to pay even though I made sure all concerned were aware of my medical history.

I now have a default registered against me and having been waiting for the bank to respond to my complaint for the last 2 months appear to be getting nowhere.

Anybody have any ideas of any wording / case law that can be used when I issue against the HSBC for miselling??

 

Many thanks

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Dunno if this will help, this is the prelim letter I used for RBOS misselling PPI to my mum:

 

Request for repayment of Payment Protection Insurance

 

Dear Sir/Madam,

 

CARD NUMBER: xxxxxxxxxxxxxxxxxx

My request

I am writing to ask you to refund to me the sum of money paid for the Payment Protection Insurance that I believe I was mis-sold by an agent of RBOS. I have also discovered that the PPI cover supplied to me was fraudulently applied. I quote from your terms and conditions for PPI:

We accept anyone between 18 and 64 who lives in the UK and has been in permanent paid employment there for at least 16 hours a week for the last six months. We may also be able to cover you if you’re self-employed or on a fixed contract.”

I have been medically retired and classed as disabled since 1989 and therefore would not have been eligible for any payments from the PPI. I believe I shouldn’t have been given ppi as I am not eligible to join under your terms and conditions. My situation was known when I applied for the credit card, however no one pointed out that the insurance was virtually useless to me so I believe that I was mis-sold the insurance.

 

I refer you to the recent statement from the FSA in regards to loan payment protection insurance where they quote theCode of the Association of British Insurers (ABI) which requires the seller to ‘ensure as far as possible that the policy proposed is suitable to the needs and resources of the prospective policyholder’.

 

 

 

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.

 

I consider that your repeated representations that your PPI plan was required and reasonable was deceptive and that they had deceived me into agreeing to pay them.

 

What I require

I calculate that the Payment Protection Insurance was for a sum £xxxx. Interest for this figure is £xxxx. Total claimed £xxxx

My targets to resolve this matter

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 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 these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that there will be no further communication from me and I shall issue a claim and lodge a complaint with the FSA at the expiry of the second deadline.

 

 

 

 

Yours faithfully

 

PS I went to RBOS website and found a copy of their PPI, so that I could qoute the bit about who is eligible.

 

Hope this helps.

My claims

 

Halifax - Data Protection Act 26/5/06, non compliance of Data Protection Act 20/07/06, Prelim £260 3/8, LBA 19/8

TSB - Data Protection Act 25/6/06, total £225, Prelim 4/7, LBA 11/7, court claim filed 27/7

Capital One - DPA 20/06/06, Prelim £270 1/8 LBA sent 9/8

B.O.S CC - DPA 20/06/06, prelim 6/7 £130, LBA 21/7/06, court claim to be filed

Citi cards - Data Protection Act sent 20/06/06, prelim 26/07 £520, LBA t 14/8

Black horse finance - DPA 18/06/06, prelim 31/7 £180, LBA 7/8

Halifax joint account - Prelim 6/7 £744, LBA 22/7 court claim to be filed

 

My Mums claims

 

MBNA - DPA 13/06/06, Prelim 17/7 £738, LBA 7/8

Capital One - DPA 29/05/06, Prelim 10/8 £570

Barclaycard - DPA 20/06/06, Prelim 6/7 for £420, LBA 17/7 court claim to be filed

Littlewoods CC - DPA sent 3/7, non compliance of DPA sent 14/8

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