Lombard CC PPI

[Shira]

Hiya,
I am in process of trying to get my PPI payments back from Lombard CC for over £700 (2004-2007)

I wrote to them a numbers of times for the copes of the agreement form & T&C but the T&C was published in 2008 not 2004, I wrote again asking for a copy published in 2004, they wrote back saying:-

I refer to your letter dated xxxx and advise that all the info you requested was forwarded to you under cover of our special delivery letter dated xxxx. please contact me at above address if in fact you have not received this data. etc

So anyway I have noticed from the agreement form there is no mention of PPI only the one with card proctection plan (CCP) which was ticked for 1 year for £15. If they have no signed acceptance of this cover, do I have the right to claim back? or do i have to write to them again for a copy of the agreement with PPI section??

Any advice would be really helpful please
Thanks
Shira

[Shira]

Re: Lombard CC PPI

I am trying to write a letter of compliant. I have decide to give them a final letter & would be grateful for anyone to check the letter to see if its is ok please. THanks


Dear xxxxx

Account No.xxxxxxx

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request for a copy of PPI Agreement for Lombard Credit Card and please confirm in writing if this is to be your final response.

I give you seven days from the date of this letter to reply otherwise I will force to take (legal action or offical complaint to the Information Commissioner??)

Yours SIncerely
Shira

[Paule]

Re: Lombard CC PPI

Am I right in presuming that you havent wrote to them regardign the miselling yet?
and that you are just at the initial stage of getting a copy of the oringinal T&Cs from when you took the card out

Is that correct?

PKea

[Shira]

Re: Lombard CC PPI

Thanks for your reply, I haven’t sent them a preliminary letter yet because I was waiting for the copies of the CC Agreement & the T&C to see if the PPI was covered for self employed but they only sent the copies of Agreement Form and the general conditions (2008).

I have scanned it to zoom in (mind you, my eyes are very bad!) because it was in a small print and no way we could able to read it, now I see the Credit Card Repayment Protection (isn’t it the same as PPI?) O/H signed it, also it said in small print saying important information are at the reverse of the Agreement Form but it is just blank sheet. I did ask them twice for another copy of CCA Form as it was illegible to read but without the reverse of the form again.

Do you think I could send them a preiminary letter for reclaiming them back? Or wait for the copy of the reverse details?

Thanks Shira

[Shira]

Re: Lombard CC PPI

Could I send them a preiminary letter for reclaiming them backwithout the term & conditions details or ask them for the copy of the reverse details from the CC Agreement & T&C again? please.

[Paule]

Re: Lombard CC PPI

Sorry, I didnt reply to your last post.

If you know the reasons why you feel it was missold, you can send the preliminary letter.

Depending on how they respond, you can then ask them to justify this with a full copy of the T&Cs from the time the policy commenced.

PKea

[Shira]

Re: Lombard CC PPI

Hello, This is the prelim letter I will posting tomorrow to Lombard Credit Card for a refund of PPI that I believe my O/H was mis-sold.
Your comments would be gratefully apprieciated. Thanks Shira

Dear Sir/Madam,

Re Account Number : xxxxxxxxx Cardholder Protection Plan

I believe I have been mis-sold a payment protection insurance policy and would like to request a full refund of my premiums, plus interest paid,

I took out a credit card at your Lombard branch on Nov 2004 and also bought a payment protection policy. The total amount of my premiums plus interest is £9xx.xx.

I have been looking at the agreement with you, reference above and have noted that I purchased Payment Protection Insurance from you. I am now of the belief that I was mis-sold this policy due to being self employed when I took out the policy and this was made aware to your member of staff when the policy was sold. This is leads me to believe that your agent who sold me the policy has no financial background and therefore they were not in a position to sell the policy in my best interests and your agent did not advise me that the policy was only optional and I have since realised that I have alternative insurance cover and having recently looked at the paperwork for my credit card, I now realise that I have been paying for insurance that I did not know I had taken out so could not have been explained to me.

What I expect from you is justification that the policy was suitable for me based on my circumstances and an explanation as to how your suitability criteria works. If you cannot justify this to my satisfaction, I request a full refund of all premiums paid to date as well as interest on these payments.

As I believe I have been deprived of this money I also expect an interest element to be added to each sum, at a suitable rate and using a suitable calculation method, as a compensatory gesture.

In respect of cancellation of a policy may I draw your attention to the following reports from the FSA, namely, ‘The Sale of Payment Protection insurance –n results of thematic work, November 2005’ & ‘The Sale of Payment Protection Insurance – results of follow-up thematic work, October 2006’ that state ‘When consumers cancel the PPI without repaying the loan, some firms will need to reissue the loan without the PPI. Firms should ensure they treat their customers fairly in relation to the terms on which they reissue the loan’. This means that any new loan is on the same or better terms and does not detriment me in any way and that this is to be done without making a new search on my credit file.
(not sure about this because it is for loan not credit card?)

I am requesting a full refund of all my insurance payments, plus interest, which total £9xx.xx (8% statutory)

If I do not receive a satisfactory response I will issue another letter notifying you of my intention to take further action if the matter is not resolved within a further 14 days. After this limit has passed I will be either contacting the Financial Ombudsman to investigate my complaint or issuing court proceedings.

Yours faithfully

[Paule]

Re: Lombard CC PPI

I am now of the belief that I was mis-sold this policy due to being self employed when I took out the policy and this was made aware to your member of staff when the policy was sold. This is leads me to believe that your agent who sold me the policy has no financial background and therefore they were not in a position to sell the policy in my best interests and your agent did not advise me that the policy was only optional

In the above you describe the sales process

I now realise that I have been paying for insurance that I did not know I had taken out so could not have been explained to me.

In this bit you say you had no knowledge that it was sold.

The letter contradicts itself.


Also have you had a copy of the T&C to check whether self employed are covered or not?

[Shira]

Re: Lombard CC PPI

As you can see from my previous posts that they failed to send me a copy of the Term & the Conditions for Credit Card. The thing was when my O/H rang the Lombard for a loan in 2004, he told them he is self employed and they also sent him a credit card to use although I still got the original copy of the T&C for the loan.

[Paule]

Re: Lombard CC PPI

Is this PPI on a loan or on a credit card?

[Shira]

Re: Lombard CC PPI

It is for credit card

[Paule]

Re: Lombard CC PPI

Right Can I just clarify the current situation

1) You have an 'illegible' copy of the agreement which shows your husband had signed for PPI (or its variant)

2) They have failed to supply you with T&C at time of commencement despite more than request

[Shira]

Re: Lombard CC PPI

Yes that right

[Shira]

Re: Lombard CC PPI

Bump

[Paule]

Re: Lombard CC PPI

Ok this is how i think your letter should read

Dear Sir/Madam,

Re Account Number : xxxxxxxxx Cardholder Protection Plan

I believe I have been mis-sold a payment protection insurance policy and would like to request a full refund of my premiums, plus interest paid,

I took out a credit card at your Lombard branch on Nov 2004 which included Carholder Protection Plan. The total amount of my CPP premiums plus interest is £9xx.xx.

I have been looking at the agreement with you, reference above and have noted that there is a Cardholder Protection Plan on it. I am now of the belief that I was mis-sold this policy due to being self employed when I took out the policy and this was made aware to your member of staff when the policy was sold. This is leads me to believe that your agent who sold me the policy had no training in this process and therefore they were not in a position to sell the policy in my best interest. The member of staff, also, did not advise me that the policy was optional and I have since realised that I have alternative insurance cover.

What I expect from you is justification that the policy was suitable for me based on my circumstances and an explanation as to how your suitability criteria works. If you cannot justify this to my satisfaction, I request a full refund of all premiums paid to date as well as interest on these payments.

As I believe I have been deprived of this money I also expect an interest element to be added to each sum, at a suitable rate and using a suitable calculation method, as a compensatory gesture.

I am requesting a full refund of all my insurance payments, plus interest, which total £9xx.xx (this will be the payments plus the interest on the payments. The compensatory interest figure depends on what rate you want)

If I do not receive a satisfactory response I will issue another letter notifying you of my intention to take further action if the matter is not resolved within a further 14 days. After this limit has passed I will be either contacting the Financial Ombudsman to investigate my complaint or issuing court proceedings.

Yours faithfully