killersla v Black Horse PPI

[killersla]

hi about 4 mounths ago i wrote a letter to hsbc about i loan i had about 5 years ago explainig i thought i was mis sold the policy and within a mounth i got a queche for £500 which was qwite nice.

However i also tried with black horse but they were much tougher did not agree with anything i said and even sent me the ombusman leaflet but when i go intouch with the ombusman they said that black horse was not covered by themselves so they could do nothing and i just left it at that.

Does anyone have any ideas on how i could reclaim this miss sold ppi.

i have attached the letters i sent but i cannot find the letters i recieved from them but they just basically said no chance.

[Tools]

Re: 1 won 1 failed

Personal details now removed from your attachments.

All members should be extra careful when posting their attachments that they have first removed any personal details from them. If, in the case of scanned documents, you are unsure how to do this please don`t hesitate to ask on the forums.

Thank you to Enaid for spotting it.:tinysmile_grin_t:

[killersla]

Re: 1 won 1 failed

right ok thanks for that guys so any ideas on how to proceed

[Paule]

Re: 1 won 1 failed

Black Horse are notorious for being hard.

I will post some more info up tomorrow, but you will more than likely have to take this to court to win.

It is quite possible , dependent of the age of the agreement, that it will be regulated by the FLA (Finance Leasing Association) rather than the FOS, hence their inability to help.
From others cases, it seems that the FLA arent as effiecient, shall we say, as the FOS.

Can you give us some more info on this please
How old was the agreement
Was it a loan, secured loan, mortgage,car finance etc?
how was the ppi added
Has the agreement finished
As much info as you have will help

PKea

[killersla]

Re: 1 won 1 failed

right ok i have found a copy of the loan aggrement. I signed the aggrement on 06/04/04 it was a cah loan to the amount of £1500 and total cash price for the ppi was £396.58 with an apr of 41.9% omg why did i ever sign that lol. I got into arreas with the loan and was passed to debt collectors but the balance is cleared in full now. Total amount payable for the ppi is £588.84 i presume that was just added to the total when it got passed to the collectors. I can post up the actuall agreement if that is of better help to you or any thing else is not a problem. Thanks for the help.

[killersla]

Re: 1 won 1 failed

attachment

[killersla]

Re: 1 won 1 failed

response from black horse

[Paule]

Re: 1 won 1 failed

Ok that is BH standard response, or at least its pretty much identical to the one I have.

Have you got a copy of the PPI terms & conditions in force when you signed the docs?

Did you sign these docs at home or on their premsies?

Also is it OK if i change your thread title to reflect the case?

[killersla]

Re: 1 won 1 failed

no i havent got a copy of the ppi terms and conditions i dont even remember them sending me one. i signed the docs at home, and ofcourse you can change the name of the thread.

thanks for your help

[killersla]

Re: killersla v Black Horse PPI

Any ideas on how to proceed with this one?

[hellhasnofury]

Re: killersla v Black Horse PPI

Hello,

Possibly the way to proceed with this one is to send them a SAR and a request under section 77/78 for a copy of your credit agreement.

The SAR should include information relating to the ppi, perhaps the policy, terms and conditions, a needs and requirement assessment, proof of postage of the policy and whoever is the underwriter.

Looking at your Credit agreement, does it state the ppi is optional, it looks like it has been presented to you with it in, so therefore not optional, sign it or no money:tinysmile_aha_t:

To put it bluntly and with all due respect, these financial institues all cashed in on ppi and all p~~s in the same pot, why would they be any different, they have to try to put you off, if they don't it will cost them money:cry:

[killersla]

Re: killersla v Black Horse PPI

i think it was a case of them offering me the ppi over the phone and i reply do you think it is a good idea to which they reply ofcourse it is so i was sent the aggrement with the ppi on aswell i sign it and that was that really.

What is a sar and is this the best way to try and get my money back.

[TANZARELLI]

Re: killersla v Black Horse PPI

i think it was a case of them offering me the ppi over the phone and i reply do you think it is a good idea to which they reply ofcourse it is so i was sent the aggrement with the ppi on aswell i sign it and that was that really.

What is a sar and is this the best way to try and get my money back.

A SAR is a Subject Access Request made under the DPA 1998 and is something which means that the creditor or bank has to provide you with all the personal date which idenitifies you as a data subject. You need to send the request with a statutory fee of £10 in the form odf a postal order or cheque and send it recorded or special delivery.

They then have 40 days to send you this info or they are in breach of the DPA.

There are many other things that this is good for and one thing you need them to provide you with is copies of all recorded telephone conversations relating to the account and in particular from the point of sale. Or logs/transcrips of such calls.

There is a letter template in the forum library which details what info you should require from them.

On another point you should request copies of any demands and needs forms showing they have fully assessed your need and suitability for this type of product.

I am going through thte motions with Welcome Financial Services currently and am just about to go after Black Horse myself so if I come accross anything useful I will let you know.

Also if Black Horse were members of GISC (General Insurance Standards Council) prior to Jan 2004 then the FOS would have what is known as retrospective jurisdiction and could therefore look into a complaint about this type of mis-selling.

[killersla]

Re: killersla v Black Horse PPI

so what i should do is send an sar and get all the info on my loan with ppi and then take it from their?

[hellhasnofury]

Re: killersla v Black Horse PPI

so what i should do is send an sar and get all the info on my loan with ppi and then take it from their?

Hello Tanz, nice to see you

Hello Killersla,

This is a copy of the one I sent.

Your address

Their Address

Date

DATA PROTECTION ACT 1998
SUBJECT ACCESS REQUEST


Dear Sir/Madam
Your name: xxxxxx
Account No/ No’s



I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts And or credit cards

Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and or credit cards, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:
-Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.

- A complete list of all transactions or statements relating to ALL of my Loan Accounts and or credit card with your organization.

-Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

-Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.

- Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

-Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

I enclose a cheque in the sum of £10 to cover your fee.

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION.

I look forward to hearing from you in the first instance of receipt.

Yours faithfully


Your name

Sign your signature and put a line through it so you will know if you see it again:o You never know

Send this to them as soon as possible, It costs £10, send a postal order or a cheque (see signature bit above) Send it recorded delivery and keep copyes of everything in a file. You can check on the royal mail website to track you letter, to ensure they receive it and can print off a copy of the signature.

They have 40days + 2 days to comply with this legal request under the Data Protection act 1998.

Get the ball a rolling. Keep us posted as to developments