Saffy's PPI thread

[enaid]

Re: Saffy's PPI thread

Have they sent you a copy of the 1997 T&C's or the updated ones?

[Sapphire]

Re: Saffy's PPI thread

Have they sent you a copy of the 1997 T&C's or the updated ones?

Not that I know of hun. What worries me on this is that they have supplied a copy of the agreement duly signed by himself, AND it has a tick in the PPI Box, but did HE tick it or did they add it afterwards ?

I have a feeling that I am not going to win this one somehow. Does anyone else have anything to add ?

[Amy]

Re: Saffy's PPI thread

Sue them Sapph, it doesn't matter what rubbish they come back with.

[Guest]

Re: Saffy's PPI thread

Are you seriously going to fall for that nonsense?

It was reported in the press recently that the Financial Ombudsman Service says it received 1,499 complaints about payment protection insurance in January alone. This compares with 1,832 for the whole of the 2006/07 financial year. The Ombudsman also reported that 80% of the PPI complaints it received from customers were being upheld.

I would suggest that you write back to Karen Waring and instruct her to drop the pretence and repay the money taken from you in full and without delay.

Tell her that you expect a full refund of all monies paid and should they fail to pay to you the full sum within fourteen days from the date of your letter then you will issue a claim against them in the County Court and your claim at that time will include interest and Court costs.

[enaid]

Re: Saffy's PPI thread

That's telling you !!!!!!!!!!!!!

[hellhasnofury]

Re: Saffy's PPI thread

Are you seriously going to fall for that nonsense?

It was reported in the press recently that the Financial Ombudsman Service says it received 1,499 complaints about payment protection insurance in January alone. This compares with 1,832 for the whole of the 2006/07 financial year. The Ombudsman also reported that 80% of the PPI complaints it received from customers were being upheld.

I would suggest that you write back to Karen Waring and instruct her to drop the pretence and repay the money taken from you in full and without delay.

Tell her that you expect a full refund of all monies paid and should they fail to pay to you the full sum within fourteen days from the date of your letter then you will issue a claim against them in the County Court and your claim at that time will include interest and Court costs.

Well said, what they have sent you is a standard fob off letter to go away, and that does work with some customers. But not you

They have a duty/responsibility to ensure that any insurance product is sold fit for purpose and that you agreed, with the knowledge of the policy's terms and conditions.

If you mention the misrepresentation act, then the onus is on them to prove that they did not mis-sell it.

Keep at them:tinysmile_grin_t:

[enaid]

Re: Saffy's PPI thread

Well said, what they have sent you is a standard fob off letter to go away, and that does work with some customers. But not you

They have a duty/responsibility to ensure that any insurance product is sold fit for purpose and that you agreed, with the knowledge of the policy's terms and conditions.

If you mention the misrepresentation act, then the onus is on them to prove that they did not mis-sell it.

Keep at them:tinysmile_grin_t:

And I found it for you to have a read Misrepresentation Act (1967)
http://bromsgrove.whub.org.uk/home/m...n_act_1967.pdf
Last modified: Thu Feb 23 16:37:37 2006

s.2(1) of this Act is extremely important for claimant seeking compensation for Misrepresentation. It has the effect of shifting the burden of proof from the claimant to the defendant; that is, if the claimant alleges that the defendant made a negligent misrepresentation, the onus is on the defendant to show that he had good grounds for believing the representation to be true.
The Act also makes it possible for the court to award damages in misrepresentation cases, where Rescission would not be available.
Another effect of the Act, or at least of the way the Act has been interpreted by judges, is to allow the claimant to recover not just forseeable losses, but all direct losses. This seems to follow from the wording -- the Act says that a misrepresentation should be treated as deceitful, despite there being no dishonesty, unless the defendant can show that he was not negligent. It seem unlikely (to me at least) that the creators of the statute had in mind that damages for negligent misrepresentation should be as extensive as fraudulent misrepresentation, but there are a number of cases that suggest that judges don't see things the same way.

[Sapphire]

Re: Saffy's PPI thread

Ok thanks for that Amy, Cet, Hell and Di, I shall be attempting to put a letter together over the weekend which no doubt one or two of you will correct for me (a large thank you in advance lol).
Love you guys !!!!!!!!!!!!!

[WendyB]

Re: Saffy's PPI thread

This seems to be simialr to what MBNA have sent OH. I'll crib my letter from your response.

[Sapphire]

Re: Saffy's PPI thread

How about this then :

Dear Ms Waring,

Thank you for your letter of 25 February 2008 the contents of which I note.

Do you honestly expect me to fall for the rubbish that you have spouted concerning the PPI that was added to my account, it certainly must have taken a while for you to think up such complete drivel. You may be able to con some of the people some of the time, but believe me this time you have picked on the wrong person, I do not/will not fall for such utter nonsense, and most certainly do not scare that easily.

Just so that you are aware it is the responsibility of your company to make sure the insurance sold is fit for the customers situation and NOT the other way around. Your also need to be aware that according to the Misrepresentation Act 1967 the onus is upon yourself to prove that you did not mis-sell the product.

Please also be assured that I will not just go away, and I will in fact fight this case throught the court system if needed. Therefore may I suggest that you pay the monies due within the next fourteen (14) days from the date of this letter, or I shall be issuing a court claim for the full amount, plus interest @ 29.9% plus costs.

I look forward to your response in the very near future.

[Guest]

Re: Saffy's PPI thread

I would not get personal - always bear in mind that anything you write may be tendered as evidence and you may find yourself in the position of having to explain to a District Judge why you wrote what you did.

Keep it professional and polite.

Dear Ms Waring

Thank you for your letter of (date)

It is my contention that this insurance policy was mis-sold for the reasons set out in my letter of (date)

I am somewhat surprised to have received such a detailed albeit erroneous reply, including such enthusiastic denials from you, in particular as you readily admit that you do not keep records of the sales process and therefore have no knowledge of what took place at the point this insurance commenced. Furthermore, a tick in a box, again when no record of the sales process is documented cannot be considered as definitive in particular as it is well known that PPI is frequently mis-sold. I would submit that it was for this reason that I did not cancel the policy as I was not furnished with the information that I could, or that it represented such spectacularly poor value for money.

I read with interest a press report recently that the Financial Ombudsman Service says it received 1,499 complaints about payment protection insurance in January alone. This compares with 1,832 for the whole of the 2006/07 financial year. The Ombudsman also reported that 80% of the PPI complaints it received from customers were being upheld.

Accordingly I would suggest that you drop the pretence and repay the money taken from me in full and without delay.

Take Notice therefore that I expect a full refund of all monies paid and should you fail to pay to me the full sum within fourteen days from the date of this letter then I will issue a claim against you in the County Court and my claim at that time will include interest and Court costs.


Yours sincerely

[Al59]

Re: Saffy's PPI thread

Sapphy, all I can say is go with everything Cet tells you to do. I did and I thought my claim was really Iffy, but look what happened. PPI Claims are going to be bigger than charges claims

[thephoenix]

Re: Saffy's PPI thread

I do agree with many points but remember all claims are (should) be dealt with on their individual merits.
If the companies can be bothered to defend the claim then it's a goal for us but if it did go to court (not saying it will but always a risk) then make sure the claim is as water tight (backed up with facts or by passing onus onto defendant to clarify sales technique) as you can make it.

All the best :whoo::whoo:

[Sapphire]

Re: Saffy's PPI thread

I would not get personal - always bear in mind that anything you write may be tendered as evidence and you may find yourself in the position of having to explain to a District Judge why you wrote what you did.

Keep it professional and polite.

Thanks for that Cet its exactly what I wanted to say, but unlike you I don't have the letter writing skills to put it quite so well.
As usual you are a star xxxxxxxxxxxx

[hellhasnofury]

Re: Saffy's PPI thread

Hello Guys,

Are you writing to the big cheese/cheif at MB NA, if you are their name is William Waring unless they have changed their gender, you are calling them Ms Waring. Apologies if I am butting in and wrong Excellent letter