• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Unrequested PPI

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Unrequested PPI

    Hi,

    Am hoping one of the gurus in here can point me in the right direction! I recently obtained a copy of a credit agreement concerning a Capital One card which I had defaulted on (a whole other story) and I had never ticked the box requesting PPI nor signed to say I understood what I would be getting. However, PPI has been charged for over 3 years, amounting to approximately £330. How easy should it be to have this offset against what I owe and is there a template that I might use? Most of the letters that I've seen seem relate to other reasons why it's not applicable.

    Many Thanks!
    Tags: None

  • #2
    Re: Unrequested PPI

    Hi there

    I am not sure about a template for this actual thing but if your in default and not able to pay full repayments on the finance, the ppi is therefore worthless to you, so basically you have to make a reclaim on the grounds of being charged ppi without your signed/agreed permission of all you paid plus all the relevant interest, then you need to make it clear to them that your PPI is worthless as your not able to make a claim on it anyway, for eg: unemployment/sickness etc as your not paying full payments for the account due to difficulties, but you still been charged for it.

    http://www.capitalone.co.uk/support/faqs-complaints.jsf

    The above link shows you the procedures of how they deal with your complaint, they are accepting complaints in writing.

    I shall try digging out a template in regards of the ppi reclaiming, but in regards of the offsetting this may not actually include details of that, but some will use the refund to reduce the balance, so less is owed on the amount of balance, or they may even send you the cheque, it can vary from one business to the other.

    Please bear with me whilst I seek the reclaiming template letter, you can add your own reasons/delete, and tweak to your own requirements.

    Comment


    • #3
      Re: Unrequested PPI

      As promised in my above post, here is the standard template letter that you would need to delete, tweak and add your own reasons etc, but personally I would make it more personal as your own letter, but take tips to help you from this template if you wish.

      .................................................. ................................
      Dear Sirs,

      RE: [Name of policy if you know it]

      I bought the above plan from you on (date – as near as possible). I now consider that the policy was mis-sold to me and I wish to claim back my premiums plus interest.

      I believe that the policy was mis-sold for the following reason/s:

      (choose at least one and possibly more of the following where applicable)

      • I was self-employed and could not have claimed fully on the policy without ceasing work. I was not informed or warned of this.

      • I work for a family company and could not have claimed fully on the policy without ceasing work –I was not informed or warned of this.

      • I was unemployed and could not have claimed on the policy. I was not informed or warned of this.

      • I was retired and in receipt of a pension and could not have claimed on the policy. I was not informed or warned of this.

      • I was due to retire during the life of the policy and therefore could not have claimed on the policy. I was not informed or warned of this.

      • I would have been over the age limit during the life of the policy and could not have claimed on the policy. I was not informed or warned of this.

      • I was employed at the time but your staff did not inform me that any change to this could invalidate sections of the policy during its life. I was not asked about any intended changes or informed or warned of their effects on the policy.

      • I have had a previous illness or other medical conditions but your staff did not ask me about my medical history. I was not warned that previous conditions would be excluded.

      • I told your staff about my medical history but I was not warned this would invalidate part of the policy.

      • I told your staff about my medical history but I was assured there would be no problem should I need to claim.

      • Your staff stated or led me to believe that taking out a policy was a pre-condition of applying for a loan.

      • Your staff stated or led me to believe that taking out a policy would improve my chances of a successful application for a loan.

      • Your staff did not offer me a clear choice of the loan with and the loan without insurance.
      • Your staff did not give me an illustration showing the repayments with and withoutinsurance until after I signed for the insurance.

      • Your staff dismissed my attempts to cancel the policy during the cooling-off period.

      • Your staff painted a scenario where I would be reliant on the insurance which would not have been true for me.

      • Your staff ignored me when I told them that I would not need a policy due to other resources.

      • Your staff did not fully explain the policy and its exclusions to me.

      ADD THE FOLLOWING IF APPLICABLE TO YOU:

      If you bought a policy for a fixed period – this will mean that you paid all the premiums at the outset, but the loan ended before the set period:

      I wish to claim back premiums plus interest because the loan taken out on
      (insert date) was repaid in full on (insert date) and therefore it would have been impossible for me to claim after that date.

      If you have had a previous request for a refund of premiums plus interest turned down add:

      You previously turned down a similar request on (insert date). However, the Financial Services Authority has ruled that terms debarring partial refunds are unfair. I also note that on 20 April 2011 the high court dismissed the banking industry’s legal challenge to the FSA’s PPI complaint-handling measures.

      If you took out additional loans and were sold additional payment protection policies add:

      I also wish to claim back the premiums and interest on the policy that I was sold as this meant that I had two policies.

      I now contend that I was mis-sold this policy. I claim back all the premiums and interest I have paid in connection with this payment protection insurance policy plus statutory interest at 8% (or whatever other rate the courts might order) from the first payment that I made until the date of your settlement of this claim. I look forward to receiving your swift reply, within the eight weeks allowed for responses to complaints by the Financial Services Authority.

      Yours faithfully

      Comment


      • #4
        Re: Unrequested PPI

        Hi Di,

        Apologies for the late reply, half term and other traumas! Thank you so much for taking the time to help me out with this, much appreciated.

        Comment

        View our Terms and Conditions

        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
        Working...
        X