Hello and advice please

[surviving]

Hi, thought I'd drop in and make my first post as I've been lurking for ages not being quite sure how to introduce myself.

I'm on A DMP, all is going well so far, interest stopped etc

I found some statements yesterday and realise that I am owed PPI by 2 creditors on my DMP.

I've written to one of them but the other is a catalogue which was taken out pre 2004. I'm after PPI but also think they won't have a CCA and it's 99% likely to be unenforceable. Is it worth checking out both together or will that botch up my DMP and if it's gone to a DCA which do I write to.?

Thanks Eeeek, can't believe I've actually posted.... but don't think it's in the right place!

Notice some names on here from my past on MSE who gave me some great advice when I was setting up and stopped me whining on eg.'What, no hols or xmas presents on a DMP?!!!'....totally embarrassed now but want to say thank you.

Thanks, Surviving...

[Never-In-Doubt]

Re: Hello and advice please

Thanks Eeeek, can't believe I've actually posted.... but don't think it's in the right place!

Hi & welcome, I've moved the thread into the reclaiming section - Di or one of the other experts in this area will come and help shortly....

With regards to the CCA or PPI reclaims, first thing you need to do is send off a SAR to both companies direct - use this template here:

Subject Access (SAR) - Advanced Request

[di30]

Re: Hello and advice please

Hi and welcome

Well first of all its a good idea to request a SAR as Niddy posted above, they have 40 calendar days to comply and should send all they still hold on the account(s).

In regards of making a reclaim on the PPI, you can still do so, it makes no difference if on DMP at all, however please be aware that if your successful, its possible the refund will be used to help reduce the debt, which is not a bad thing really, and anything remaining plus interest I understand will be awarded to you.

So if you've not done so yet, SAR, then when that arrives we can take it to the next step of making a PPI reclaim, however if you do have enough information you can still continue to make a reclaim, but a SAR will come in useful.

You still pursue the ones who sold you the PPI and not the DM company.

Hope this has helped, but do ask for help when required.

[MrsD]

Re: Hello and advice please

aaaahhhh there you are!!!

been looking for you!!!

well that wasn't so bad!!!

told you we had some experts, thanks Di!!!

keep posting and let us know how you get on

Dopeyxx

[surviving]

Re: Hello and advice please

Morning! and thanks for the help. I'm a bit skint so will send these off next week. I assumed that when a debt was passed on, all the paperwork went with it so have learned something today and will send these to the original creditor. I'd be more than happy for the PPI to go towards my debt.

Will let you know how I get on,

Have a good day

Surviving...

[di30]

Re: Hello and advice please

Morning! and thanks for the help. I'm a bit skint so will send these off next week. I assumed that when a debt was passed on, all the paperwork went with it so have learned something today and will send these to the original creditor. I'd be more than happy for the PPI to go towards my debt.

Will let you know how I get on,

Have a good day

Surviving...

Hiya

When I was in hardship, and had to make token monthly payments, it was with the collections, then on to a debt management company passed on by the bank, it was the bank I pursued in relation to my data, however this is just what I had done and data was also enclosed about our account going into difficulties and so on, but unless Niddy suggests the company who is dealing with your account now perhaps, but all should be enclosed with the bank anyway, good luck and let us know if you require further help.

Cheers and the best of luck.

[surviving]

Re: Hello and advice please

Hello All,

just though I'd update on this. My PPI request had not been upheld as they say I accepted by phone, didn't phone to say I was unhappy at any time, didn't cancel etc They say they don't have a record of the calls but that they would have been monitored for quality etc

As of yesterday I don't think this is UE anyway so apart from making me very cross it's neither here nor there. I have PM'd Di who has been helping me PPI wise as I have another creditor who owes me about a grand... just wondering if anyone else has had the same response as above.

Thanks

Surviving

[Never-In-Doubt]

Re: Hello and advice please

It doesn't matter whether you did it over the phone, the point is the insurance was not suitable for the purpose designed thus you had no need for it and wish to reclaim.

In fact, over the phone would afford a better argument based on the fact there is no paper trail (from you) agreeing to it plus there is no record of what the adviser told you - can you remember now, the adviser told you that unless you took the PPI then you'd probably get declined - remember?

Send complaint to the FOS for resolution - unless it was the FOS who found in the banks favour in which let us know and we'll help you appeal to the FOS via adjudication

[di30]

Re: Hello and advice please

Hi Surviving, also thanks for your pm's that have been responded too this morning.

I agree with Niddy, and if they have this as proof with it being a telephone sale, they must have the details/info on this somewhere.

I would contact the FOS anyway, and if they are unable to adjudicate through the broker - due to them not being regulated at the time you taken the policy out, they will possibly suggest the underwriter/insurer direction as another way of trying to get your money back to you, as it seems they have liabilities as well.

Also left the details by PM on who to contact etc and hope it helps, let us know, cheers and the best of luck.