PPI Reclaiming discussion Part III

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Comments

  • marshallka
    marshallka Posts: 14,585 Forumite
    1. Unfair rebate of PPI policy against Firstplus I was told that the complaint needed to go to the insurer... not the lender or broker...

    Proof of email here from the Ombudsman
    Whilst I appreciate that your policy was sold by Firstplus in January 2000, and issues relating to rebate payments should be directed to the insurance company who underwrote the policy. I therefore suggest that you initially contact the insurance company as they provided the rebate, in order to raise your concerns with it. Details of the insurance company should be stated in your policy booklet.


    On the basis that Firstplus are not responsible for the unfair rebate issues relating to your PPI policy, it would be inappropriate for me to investigate a complaint against it, and for that reason I will move to close the complaint unless I hear from you with any further comments that you feel would make a significant difference to the outcome by 6 November 2008.




    2. When I called Firstplus about the insurer and told them my complaint they said it was the broker I need to complain to as the broker explained the details of the policy.

    3. No further issues with the broker as the broker stated that the sale was non advised.

    4. If the term is unfair about the rebate then it is upheld does that not then make the whole agreement unfair as the agreement incorporated a PPI policy that had a seperate agreement drawn on the basis from the policy terms.
  • di3004
    di3004 Posts: 42,579 Forumite
    Bellio wrote: »
    Thank you Di for that, I willl get on to it straight away. I know its not right but they just seem to think they know everything and you just go along with it.


    My guess is, if it were FP who you settled this with, as it seems they were under jurisdiction when you taken out the loan and settled the loan, in other words covered by the FSA in order for the financial ombudsman (FOS) to be able to look at this if it gets to this stage, then if its these who provide you with the written settlement of calculations, then its these that were unfair, but at this present time the FOS have stated that some cases have to be dealt with by the actual insurers themselves, who should be addressed on your paperwork somewhere.

    So yes, get a written calculation settlement from them, this can still be used as evidence to back your case for the FOS.;)

    Good luck.
    The one and only "Dizzy Di" :D
  • di3004
    di3004 Posts: 42,579 Forumite
    marshallka wrote: »
    I'm still waiting for the Ombudsman to explain more...

    So your still waiting for written correspondence on this then hun ?:confused:
    The one and only "Dizzy Di" :D
  • Bellio
    Bellio Posts: 133 Forumite
    Ok, I think what I need to do here then is get a complete breakdown of my account and the settlement of the whole thing. It should then tell me what PPI if any was refunded. I will then move on to the insurers if that's the case.

    Thanks Guys.
  • marshallka
    marshallka Posts: 14,585 Forumite
    Bellio wrote: »
    Ok, I think what I need to do here then is get a complete breakdown of my account and the settlement of the whole thing. It should then tell me what PPI if any was refunded. I will then move on to the insurers if that's the case.

    Thanks Guys.
    See my post above with details from the adjudicator of my complaint.
  • di3004
    di3004 Posts: 42,579 Forumite
    marshallka wrote: »
    1. Unfair rebate of PPI policy against Firstplus I was told that the complaint needed to go to the insurer... not the lender or broker...

    Proof of email here from the Ombudsman
    Whilst I appreciate that your policy was sold by Firstplus in January 2000, and issues relating to rebate payments should be directed to the insurance company who underwrote the policy. I therefore suggest that you initially contact the insurance company as they provided the rebate, in order to raise your concerns with it. Details of the insurance company should be stated in your policy booklet.


    On the basis that Firstplus are not responsible for the unfair rebate issues relating to your PPI policy, it would be inappropriate for me to investigate a complaint against it, and for that reason I will move to close the complaint unless I hear from you with any further comments that you feel would make a significant difference to the outcome by 6 November 2008.




    2. When I called Firstplus about the insurer and told them my complaint they said it was the broker I need to complain to as the broker explained the details of the policy.

    3. No further issues with the broker as the broker stated that the sale was non advised.

    4. If the term is unfair about the rebate then it is upheld does that not then make the whole agreement unfair as the agreement incorporated a PPI policy that had a seperate agreement drawn on the basis from the policy terms.


    It maybe worth Bellio to write to both companies then, the Insurer and the Lender, just to save on time with this?
    Just to be safe.;)
    The one and only "Dizzy Di" :D
  • Bellio
    Bellio Posts: 133 Forumite
    Aggghhhh tearing my hair out already, they just dont like giving us our monies back do they !!
  • di3004
    di3004 Posts: 42,579 Forumite
    Bellio wrote: »
    Aggghhhh tearing my hair out already, they just dont like giving us our monies back do they !!


    Yes its very frustrating.:mad:

    So to save time, write to both.;)

    And yes request for written calcs.;)

    Marshallka has not had a good time with these herself (FP), and pushed from pillar to post, so this way writing to them both you will soon know who is responsible.;)
    The one and only "Dizzy Di" :D
  • di3004
    di3004 Posts: 42,579 Forumite
    Found this, some info on CCA 1974.

    http://www.johnantell.co.uk/CCA1974.htm
    The one and only "Dizzy Di" :D
  • pinknico
    pinknico Posts: 3,261 Forumite
    I would love to know how first plus decide who to refund and who not.
    Because I have read of two successes OTR with First Plus but could just be these were in juristiction and they had no choice.
    DS1 12/10/04
    DS2 13/07/06
    DD1 06/12/07
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