AL59 PPI Claim - Natwest **REFUNDED**

[Al59]

Re: AL59 PPI Claim - Natwest

Letter sent today to CMS Cameron McKenna LLP


Dear Sir,
Further to our telephone discussion yesterday, I will accept the offer from Natwest to settle this case providing I have the offer in writing from you also under the conditions that.

1 The money is paid by cheque or direct in to my account and not paid in to the loan account.

2 As the judge has ordered me to pay a hearing fee of £300.00 payable by 27 February 2008 or the hearing will be removed from the list.
I will require £1954.50 to be paid to me by Natwest on or before 27 February 2008

3 The judge advised me to cancel the direct debit for the loan and set up a new standing order for a new amount less the £21.02 I have been charged every month since the policy was cancelled.I have been informed that this figure is the interest loaded on to the ppi at the beginning of the loan. I am not going to pay interest on a product I was misold and no longer have.

I will be out of the country on February 27. I have written to the Court Manager ---- County court informing him I have settled the matter with Nastwest out of court. I have also written out the cheque for £300.00 for the hearing fee. My wife will got to the court on February 27. If the monies are in my account on the day she will hand in the letter, if not she will hand in the cheque for costs and the trial will go ahead.

This time scale was ordered by the judge not me. I hope this brings the matter to a satisfacory conclusion for both parties

Signed Al59

[TUTTSI]

Re: AL59 PPI Claim - Natwest

That seems a perfect solution to me... well donexx

[Al59]

Re: AL59 PPI Claim - Natwest

Call from Solicitor 10 mins ago saying Nwest will agree to condition 1 and 2 of my demands but not point 3 ???? Told them I willbe paying the costs and the case will be going ahead

[Nattie]

Re: AL59 PPI Claim - Natwest

I think the answer as to why they cannot do part 3 is that it is a very complex thing to do and is almost impossible just to amend the interest calculations.

[enaid]

Re: AL59 PPI Claim - Natwest

Nattie, I am not the brightest button in the box, but how can they amend the interest calculations on something that no longer exists has been paid back in full, as though it never existed?

[Nattie]

Re: AL59 PPI Claim - Natwest

Loan is still live, the way to redo it, without PPI, could well be by redoing the loan which and, I apologise if this is taken as a slight on AI or anyone, would be subject to what is called "risk band pricing." Likelyhood will be it could be higher that the original loan.

[enaid]

Re: AL59 PPI Claim - Natwest

Yes pay the existing loan off, with another loan at a higher rate lol
River and banana boat comes to mind

[Guest]

Re: AL59 PPI Claim - Natwest

Loan is still live, the way to redo it, without PPI, could well be by redoing the loan which and, I apologise if this is taken as a slight on AI or anyone, would be subject to what is called "risk band pricing." Likelyhood will be it could be higher that the original loan.

They cannot do that, as to do so would mean that they are insisting that the borrower must take the PPI or be subject to an alternative interest rate or loan terms. This is specifically disallowed.

[Paule]

Re: AL59 PPI Claim - Natwest

When you try to cancel your insurance without ending the loan, some lenders make you start a new agreement. They are allowed to do this as long as the new loan is on the same or better terms and does not detriment you in any way, for example it shouldn’t be more expensive or last longer. You should ask for this to be done without making a new search on your credit file.

The FSA says: "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."

[enaid]

Re: AL59 PPI Claim - Natwest

I agree, but this was not cancelled as such, it was mis sold and returned there must be a difference.

[Al59]

Re: AL59 PPI Claim - Natwest

I fhis is the Questionair sent by CMC Cameron McKenna LLP, I find it amusing that they recognise it was ordered by Judge Humphries but would not recognise that the Judge directed me to cancel the DD Any way I will post it without the formaities at the beginning.

Defendants part 18 Request of Claimant

1 What is your occupation
Self employed entertainer

2 Have you purchased Loan Protection insurance prior to the purchase of the insurance which is the subject of the case
Yes

3 If the answer question 2 is yes have you made a previous successful claimin relation to unemployment
No

4 If answer to question 3 is yes please describe the circumstancesof the unemployment giving rise to payment from the policy

6 By reference to the terms and conditions of the policy ( copy attached for ease of reference ) please indicate

a) Which terms or conditions you allege preclude claims for any matter other than bankrupcy for self employed persons
As a self emplyed person I could not claim if became unemployed this was not explained to me or pointed out to me

b) which terms or conditions you allege prevent self employed persons making a claimfor sickness under the policy
I realise I made a mistake putting this in my Particulars of claim

c) which terms or conditions you allege prevent self employed persons claiming for accidents under the policy
I realise I made a mistake putting this in my Particulars of claim

d) which terms or conditions you allege prevent self employed persons making claims for unemployment other than bankrupcy under the policy
Unemployment claims will be CONSIDERED only if you become Bankrupt

e) whether you accept that only relevant exclusion in relation to unemployment cover for self employed persons set out in section 5 of the policy, is to the effect that " If you are self employed and wish to make an unemployment claim your business must have stopped trading or be in acourse of being wound up or be in a partnership which has been or is in the process of being disolved
?


5 In your particulars of claim you allege you were misold the personal protection because being self employed the only claim you could make was if you became bankrupt. You could not claim for sickness,accident or becoming unemployed please confirm to the best of your recollection

a) What the defendants employee told you about the policy
Nothing
b) what you understood about your entitlement to make a claim prior to purchasing the policy
Nothing

c) what specifically persuaded or influenced you or which comments you relied when taking out the policy
I didnt ask for or take the policy it was just put on and I signed all the documents thinking I was signing for the loan

7 In your particulars of claim you allege " the bank just added the cover to the loan but did not explain the details
That is correct
a) do you agree the loan protection was an optional extra which was offered to you by the defendants employee
No
b) If you do not agree with the above statement is it your case that the loan protector policy was not drawn to your attention at all by the defendants employee
No

c) If it is not your case that the loan protection was not drawn to your attention please clarify your allegation in this respect
I did not even ask for a loan the girl who interviewed me rang me up offering me a bigger loan saying I was earning enough to qualify

d) Please confirm wether you accept that you signed a declaration on the loan protector Customer duty of care checklist ( copy attached for ease of reference) stating I have had the benefits of the loan protector cover explained to me together with the relevent terms and conditions. I also understandthat if the cover does niot meet my requirements and I return thepolicy within 14 days a full refund will be given provided no claim has been made.
I just signed were I was asked to sign
e) Please confirm wether you received a booklet entitled "Your Policy" at the time the policy was arranged
May have done

8 In you particulars of claim you refer to trying to cancel the policy

a) please explain how and when you attempted to cancel the policy( ie by phone/post/email for example
About 6 months in to the loan I was told by a fellow entertainer who had the same type of policy he tried to claim when he lost his work and his claim was rejected
I was in the bank and I saw the employee who sold me the Loan I told her I was not happy and wanted to cancel she told me I could not cancel I accepted this for the truth and just carried on paying

b) please provide any evidence available to you indicating your attempts to cancel the policy
I can not You have my word on oath if need be
9 In your particulars of claim you refer to the Defendant having told you you could not cancel the policy, Please confirm how and when the Defendant informed you that you could not cancelyour policy, please provide evidence available to you of the Defendants refusal to accept your cancellation
I have anserwed the first part in paragraph 8a re 8b I can not you have my word on oath if need be

10 In your ammended Particulars of claim, you state that the cost of the policy was £54.81 per month and that it was cancelled on March 1 2005 but that the Defenant still charged you £21.02 per month for the balance of the loan period

a)What was the loan period
84 months
b) what is the £21.02 payment in respect of
When the loan was cancelled they did not reduce the payments by £54.81

c) to whom is the £21.02 paid
It is paid as part of the Direct Debit to Natwest

d) How is the £21.02 paid
By direct debit
e) Have you had any correspondance from the defendant with regard to the cancellation of the policy or the ongoing charges? if the answer is yes please attach copies or alternatively if copies are not available describe the contents of the orrespondance to the best of your recollection
Yes
f) have you sought to query the continued payment of £21.02 per month? If the answer is yes please confirm how and when you raised such a query with the defendant
No I accepted the Bank were acting within the terms of contract that they would conduct themselves lawfully and in a manner that complies with UK Law
g) If f the £21.02 is paid by direct debit have you sought to cancel the Direct debit instruction
To cancel the Direct Debit would have meant cancelling the loan payment, However at an allocation meeting at ----County Court on Feb 5 2008 I was instructed by the Judge to cancel the Direct Debit and set up a new standing order for a new amount less the £21.02 This I have since done

11 In your claim you have claimed a total sum of £3675.00 inclusive of interest Please clarfy with as much particularity as possible the basis of this calculation.
This was the cost of the policy I did not add statutory interest or compensation to the original amount that I asked the bank to refund So in the claim to the court I asked for the ammount of the premium because the bank wer still taking £21.02 per month for the remaining period of the loan


So that is it! On the question 10 g they are jumping on the judges bandwagon when he asked me this then directed me to do it but now they are dismissing his direction to me

[enaid]

Re: AL59 PPI Claim - Natwest

So Al, your answers, do you have one for all the questions?
If not which are you stuck on?

[Al59]

Re: AL59 PPI Claim - Natwest

I do have answers and totally honest ones but will they count that is another matter I had a busy night writing to the solicitor ect it went.

Dear ----
Further to my conversation on thursday 21 feb As your client has agreed to the first two conditions of my request dated 19/2/08 I will check my account on feb 27 if the monies have been deposited in the account I will inform my wife to deliver the letter of discontiuance to the court I will have the court stamp a copy which my wife will send to you I am out of the country until march 7 on my return I will send you all the other paper work you requested I have attached a copy of the letter to the court for your records

[Al59]

Re: AL59 PPI Claim - Natwest

Well thats that I have posted the Questionaire as asked, have posted the letter I wrote to Natwest solicitor, that went in the post today and also on the thread, the dd is cancelled the letter to the court is here ready to be delivered when I know they have refunded my money to my account on the 27th the day the court fees are due if they dont pay me then the cheque for costs gets given in on the 27th. I have done everything . Going away in the morning so its all in the lap of the gods.:bolt:

[enaid]

Re: AL59 PPI Claim - Natwest

Bump