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AndyRVTR v Very Catalogue

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  • AndyRVTR v Very Catalogue

    Hey all, I have made succesful claims in the past for PPI from Egg, Barclaycard and Halifax, and I recently noticed on our Very catalogue statement that we pay quite a chunk of our monthly payment for something called 'Extra Care Advantage', which protects our balance and goods. It appears as though this is some sort of PPI cover and from what I understand we may be able to claim this back, so, would anyone please be able to clarify exactly what we need to do next. :tinysmile_grin_t:

  • #2
    Re: AndyRVTR v Very Catalogue

    Originally posted by AndyRVTR View Post
    Hey all, I have made succesful claims in the past for PPI from Egg, Barclaycard and Halifax, and I recently noticed on our Very catalogue statement that we pay quite a chunk of our monthly payment for something called 'Extra Care Advantage', which protects our balance and goods. It appears as though this is some sort of PPI cover and from what I understand we may be able to claim this back, so, would anyone please be able to clarify exactly what we need to do next. :tinysmile_grin_t:
    Have pm'd di30 to help you

    Turbs

    Comment


    • #3
      Re: AndyRVTR v Very Catalogue

      Andy,

      6YRS good heavens no you can claim back as far as you can proof so with that in mind it is SAR time to gather the information.

      I would send of a subject access request for all the account history they hold including statements screenshots of account history etc do not tell then why you want this info as you are legally not required too.

      A bit of work before you submit your claim can bring dividends.

      I have claimed back as far as March 1999

      Many companies try to use the 6 yr rule to us it is known as damage limitation.

      But section 32 of the limitations act is very clear

      32.--
      • (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
        • (a) the action is based upon the fraud of the defendant; or
        • (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
        • (c) the action is for relief from the consequences of a mistake;


      the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it....

      So in laymans terms the 6 yr rule applies to the linitations act i.e you have 6 yrs to make your claim, but and this is a big but the time does not start until you have discovered the mistake the financial mistake being that they missold you are worthless PPI policy.

      They is no law that says how far you can claim back that is misconceived and helped by the financial industry.

      http://www.legislation.gov.uk/ukpga/1980/58

      Read more at: Greetings.... - Legal Beagles Consumer Forum

      Last edited by pompeyfaith; 16th March 2011, 19:24:PM.
      If you think nobody cares if you're alive, try missing a couple of payments.

      sigpic

      Comment


      • #4
        Re: AndyRVTR v Very Catalogue

        Cheers Turbo

        Sorry got caught up.

        I agree with PF, and would certainly give it a go.

        A few of ours on here have been successful from making reclaims from even earlier years.
        They may try to use the time barring as an excuse, but you need to make them aware you have only just recently learned of the mis selling of these policies, which is why you want to pursue this now.

        Comment


        • #5
          Re: AndyRVTR v Very Catalogue

          With it being that of a catalogue policy, it may be best to write a letter rather than use the reclaiming questionnaire, its up to you of course.

          You write to the head office.
          Enclose your account details/number.
          Tell them you want to make a reclaim on all the payments made into the Extra Care Advantage policy.
          Give them your reasons.
          And request they get back to you with a decision by 8 weeks of your letter.

          Post by recorded delivery.

          Comment


          • #6
            Re: AndyRVTR v Very Catalogue

            Thanks Di....when you say reasons, what would these actually be?

            Comment


            • #7
              Re: AndyRVTR v Very Catalogue

              Originally posted by AndyRVTR View Post
              Thanks Di....when you say reasons, what would these actually be?

              Hi Andy

              The reasons on why your requesting a refund.

              Comment


              • #8
                Re: AndyRVTR v Very Catalogue

                Some reasons for a miss-sell some or all will apply

                1 You were not in work or self employed at the time of sale

                2 You were told that you had to take the PPI out at the same time as the loan or not at all

                3 You were not asked whether you had any other insurance which would cover the loan

                4 You were not told you could buy PPI elsewhere to cover the loan

                5 You were sold a policy which had age restrictions which you fell outside of

                6 You were led to believe that Payment Protection Insurance was compulsory

                7 You were told that you would stand more chance of getting the loan if you took the Payment Protection Insurance

                8 It was not explained to you that there were certain exclusions within the policy that could affect you

                9 You were pressured into buying the PPI

                10 You paid upfront for the PPI but it was not explained that there were some PPI policies where you could pay monthly

                11 Your PPI was an upfront premium and you repaid the loan early and received no refund

                12 You increased your loan and the PPI was increased automatically

                13 The Terms & Conditions of the small print were not fully explained to you
                If you think nobody cares if you're alive, try missing a couple of payments.

                sigpic

                Comment


                • #9
                  Re: AndyRVTR v Very Catalogue

                  Thanks PF, there are about 4 of thise I can use, the main one being my wife was unemployed when she took out the catalogue.... so I guess I now need to send a SAR, is there a template that I could use (sorry for being soooooo lazy ;-) )

                  Comment


                  • #10
                    Re: AndyRVTR v Very Catalogue

                    A lot of companies I have noticed are giving templates short shift, so I would only use one of those as guidance as to how to lay out your letters whether they be a SAR or a claim letter.

                    Here is the LegalBeagles SAR template it will get you started but as I say edit it a bit to make it your own

                    Dear Sir/Madam




                    ACCOUNT NUMBER(s): xxxxxxxxx (or multiple numbers if more than one account)
                    1. I formally request that you forward me a true record of any Data held by your organisation relating to myself for the complete term of the account(s).
                    2. I am also aware this request should include any Data held for more than 6 years as under the Data Protection Act there is no time limit for information requested.
                    3. If you do not hold Data for a period longer than 6 years I also request confirmation of this in writing along with your methods used for disposal of such information to comply with the Data Protection Act stating the name and contact information of your registered Data Controller and Code Compliance Officer.
                    4. Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your writing.

                    I enclose the statutory maximum fee of £10. You have 40 days from receipt of this request in which to return to me the information requested , securely and in legible condition.

                    If there is specific information which you require in order to satisfy yourself as to my identity, please let me know promptly. However, please note that the above address is the one registered with your organisation and which you have previously found to be acceptable.


                    I would be happy to prove my identity or collect any documents at my local branch.


                    Yours faithfully,


                    (signature)


                    (name)
                    If you think nobody cares if you're alive, try missing a couple of payments.

                    sigpic

                    Comment


                    • #11
                      Re: AndyRVTR v Very Catalogue

                      Thanks again PF, Di suggests sending a letter but you suggest sending a 'modified' SAR, which would be the best option?

                      Comment


                      • #12
                        Re: AndyRVTR v Very Catalogue

                        If you are requesting copies of info they hold it has to be a Subject Access Request otherwise you run the risk of what you sent returned and this will slow the process down.

                        Remember to include the £10 statutory search fee with the SAR letter if you do not want to give out your bank details use a postal order.

                        Also remember the statutory time limit they have to comply with your request which is 40 days if they do not comply in that timescale the account is in default until such time that they do comply.

                        Regards
                        ------------------------------- merged -------------------------------
                        Di is referring what to do to claim, you have not got to that stage yet. you are gathering information to make your claim via a SAR request under the Data Protection Act 1998

                        http://www.legislation.gov.uk/ukpga/1998/29/contents

                        This is a pre-claim stage.

                        Good Luck
                        Last edited by pompeyfaith; 17th March 2011, 20:58:PM. Reason: Automerged Doublepost
                        If you think nobody cares if you're alive, try missing a couple of payments.

                        sigpic

                        Comment


                        • #13
                          Re: AndyRVTR v Very Catalogue

                          Great, thanks for clearing that up... I will send the letter recorded delivery at the weekend and will obviously keep you all informed, thanks again

                          Comment


                          • #14
                            Re: AndyRVTR v Very Catalogue

                            Yes forgot to add Recorded Delivery remember to keep the receipt safe so you can check when it was signed for and count down the days.
                            If you think nobody cares if you're alive, try missing a couple of payments.

                            sigpic

                            Comment


                            • #15
                              Re: AndyRVTR v Very Catalogue

                              Hi Andy

                              Sorry I did not make this clear to you on my earlier post.

                              As PF have said the SAR is to request for the data held on the account, once you received the documentation you can of course make a reclaim by writing a letter.
                              It does help to have any information from the SAR first though.

                              Comment

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