Tuesday 28 August 2012

The Legal Right Of Borrowers To Claim Back PPI Charges Imposed On Them

By Jay Barton


There have been a huge number of customers that have been documented to have been deceived in paying extra premium when then took out their loan several years ago. A few cases belong to credit card holders getting stunned of extra payments appearing in their bill for insurance they never apply for at all. If this situation occurs to you then it is your right to claim back PPI incurred on you.

Reportedly, this type of financial scam which was proven to be purposely enforced by banks and credit card provider on their own innocent clients was uncovered first by Which? Magazine in 1998 pursued by a number of media publications until it finally caught the interest of Financial Services Authority in 2005. Proper measure were carried out by the FSA by informing the banking and financial heads to mend the matter. Subsequently fines were imposed one after another on those who have deceived their clients.

For a period of 5 years until 2010, many affected consumers were able to claim back PPI policy premiums that they paid for several years to their loan providers. They either filed their reimbursement on their own or through the assistance of the Financial Ombudsman Service (FOS) and the Financial Service Authority.

After a while in December 2010 banks and lenders demanded the High Court for a judicial review on FSA guidelines. All through the hearing most finance institutions concerned put all complaints for mis-selling on-hold.

In April 2011 the High Court completely made their decision in favor of the FSA consequently benefiting affected clients to allow them to claim back PPI costs incurred on them together with the interest accumulated. For this reason all lenders were compelled to set aside great deal of funds to check records with PPI policy and essentially reimburse all amount due to their clients.

Nonetheless, it is the duty of the policy holder to confirm that PPI was mis-sold to them at the start. Realistically Payment Protection Insurance by nature is definitely useful because it will enable the policy holder to cover the loan for the period of 12 months if in the event the borrower dies, becomes ill or handicapped or just about any situation that will prevent him to earn income.

On that aspect, proof needs to be proven by the borrower that it was in fact mis-sold to them. This implies the component that the borrower was either unemployed, independently employed or undergoing medical care that restrict him to acquire work when the loan transaction was finalized. Other case, the lender might have misinformed the borrower that it was mandatory to have his loan approved. Otherwise, PPI was just included automatically without any understanding of the borrower.

If any of the situations is found to occur in your case then it is definite that you can claim back PPI charges imposed on you by your lenders. You can either submit all necessary documents to the bank yourself or you can opt to hire a Claim Management Company to assist you as they have the expertise in handling it. One precaution to be taken before hiring any company is to make sure that they are authorized by the Ministry of Justice.




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