PPI Reclaiming discussion Part III

marshallka

tdgooner wrote: »

Hi, after registering in October after stumbling upon the site, I finally got around to trying to get back what was mine through bank charges, cc charges and PPI claims - I started earlier this month.

It's still early days for most of these, but I have had a reply from one which I'm not sure how to deal with.

I sent the letter from martins article about PPI claiming to all my existing and settled accounts of such nature. I had bought something in Dixons in 2004 on an interest free personal agreement, which was done through CETELEM. Only from finding the original letter they sent me, in 2004, did I find out that 'I elected to take PPI'. I refuted this in a letter I sent to them last week, claiming that I was mis-sold it and that I did not need this. In my original letter, I did not request a SAR.

I received a reply today, which says:


"We refer to your letter concerning Payment Protection Insurance (PPI).

There is no evidence whatsoever to support the allegation that you were mis-sold Payment Protection Insurance (PPI).

The Agreement makes it clear that PPI was optional; the criteria for making a claim are set out clearly, as is the cost of the policy. You have failed to provide any evidence substantiating your claim that the retailer failed to explain the key aspects of your policy or provide information at the time to enable you to make an informed decision as to whether or not to accept PPI. For those reasons the allegation that you were mis-sold PPI is refuted.

As you will be aware, the sale of PPI was not regulated until 14 January 2005. In addition, we confirm that, other than holding the requisite consumer credit licence (as required by the Office of Fair Trading), Cetelem (UK) Limited was not and was never a member of the General Insurance Standards Council (GISC) or the Association of British Insurers (ABI). Furthermore, Cetelem (UK) Limited is not a member of the Financial & Leasing Association (FLA). As a result, neither the Financial Ombudsman Service nor the FLA have jurisdiction to deal with this matter.

Furthermore, we confirm that Cetelem (UK) Limited ceased to write any business with effect from January 2005

Yours Sincerely

XXXXXX XXXXX


Now, I'm not sure how to respond to this - do I write to Dixons to claim? Send a reply back to Cetelem with a SAR? Send a SAR to Dixons too?

Any advice would be appreciated - this is my first reply, I know they can play hard ball, but I'm just not sure who to write my PPI claim to now. My payments were to Cetelem, so I presumed them, but they seem to be saying to write to Dixons?

Thanks a lot - I have seen the advice that people have offered to others (especially newbies) on here, and it is very reassuring.

According to the FSA register they register with them in 2005 and there principals are

Cardif Pinnacle Insurance Management Services Plc 315503 01/08/2005 01/09/2006

Stonebridge International Insurance Ltd 203188 07/07/2005


Don't know if you can perhaps write to these with regards to this but do not give up. These companies seem to hide behind the "not regulated" business..

I will try and find more info for you...hang fire..

http://www.fsa.gov.uk/register/firmBasicDetails.do?sid=154809

Also was it Dixons that actually sold you the policy???? If it was then its Dixons that you make the claim against...Its always the firm that sold the PPI and loan if different to the lender.

marshallka

Sprightlyone wrote: »

Thank you Marshallka,

It was helpful, but is that the point?, This PPI was forced upon me and I may have been able to get covered elsewhere far cheaper. I know I'm splitting hairs and may appear to challenge something I have been paid out on, but I was charged £6,000 for an insurance cover on a £13,000 loan over 5 yrs which is horrendously expensive. They key in mis-selling surely is in the sale itself at the point of sale at the time? I believe it was mis-sold - 'at the time'...

Don't want to appear controversial, but just exploring all avenues.

The issue now is though that the Debt collection agency actually bought the debt and is trying to collect the insurance premium part too. Now do I, if I were to challenge this, go back to the original creditor regarding the sale of the PPI claim or have they relinquished responsibility of that too with the loan through the sale of the debt to the DCA and go after them?

Any ideas?

I think it may be worth trying to cancel the insurance, As regards who to go to with regards to the claim you need to go to the firm that actually sold you the insurance here if different from the original lender. I do know that having claimed on the insurance you would not be able to make a claim for misselling even if it has cost you a lot of money but you may be able to cancel and claim for an unfair rebate against it..You could try with regards to misselling but as I say I think they will argue it til blue in the face..

how long is left on the loan??

mackie96

marshallka wrote: »

Does this letter state FINAL RESPONSE or not as you cannot go to the Ombudsman without a final or before 8 weeks are up.

Thanks Marshallka.

Closing paragraph of letter says;
"I hope this will resolve your complaint, However if you're unhappy with our response and are able to provide us with any documnetary evidence in support of your claim, please provide this to us and tell us what you would like us to do to put your concern right. If you're still unhappy after completing our procedure, you may refer your concerns to the financial ombudsman service and we'll tell you how to do this.

If we don't hear from you within 8 weeks from the date on this letter, we'll assume that your concerns have been resolved to your satisfaction and we'll close our files."

It doesn't state 'Final response' at any point. Our first letter was dated 3rd Oct, they responded 20th Oct, our 2nd dated 10th Nov, and the response today dated 17th. So it's only been 6 weeks since our first letter.

Am a bit miffed they've sent us exactly the same letter twice now, and am not sure what documentary evidence they want from us.

Could I provide the demands and needs questionaire as proof as it's not filled in in our handwriting, although my husband has signed it at the bottom.

Sorry if this is a bit rambling..finding this all slightly confusing and very fustrating!!

tdgooner

marshallka wrote: »

According to the FSA register they register with them in 2005 and there principals are

Cardif Pinnacle Insurance Management Services Plc 315503 01/08/2005 01/09/2006

Stonebridge International Insurance Ltd 203188 07/07/2005


Don't know if you can perhaps write to these with regards to this but do not give up. These companies seem to hide behind the "not regulated" business..

I will try and find more info for you...hang fire..

http://www.fsa.gov.uk/register/firmBasicDetails.do?sid=154809

Thanks for the quick reply. They didn't mention the FSA in their list, interestingly. That address on the FSA site is actually where I wrote to (found it on the web somewhere as the one on my 2004 letter was a PO Box), yet their reply came from Glasgow, I presume that's where their collections dept are.

Should I write back mentioning the FSA? What kind of letter should I send? What about the Dixons angle - are they telling me that the agreement was with them, and so my complaint should be to them (even though my payment was to Cetelem?). Sorry for all the questions, and thank you for your previous post.

marshallka

mackie96 wrote: »

Thanks Marshallka.

Closing paragraph of letter says;
"I hope this will resolve your complaint, However if you're unhappy with our response and are able to provide us with any documnetary evidence in support of your claim, please provide this to us and tell us what you would like us to do to put your concern right. If you're still unhappy after completing our procedure, you may refer your concerns to the financial ombudsman service and we'll tell you how to do this.

If we don't hear from you within 8 weeks from the date on this letter, we'll assume that your concerns have been resolved to your satisfaction and we'll close our files."

It doesn't state 'Final response' at any point. Our first letter was dated 3rd Oct, they responded 20th Oct, our 2nd dated 10th Nov, and the response today dated 17th. So it's only been 6 weeks since our first letter.

Am a bit miffed they've sent us exactly the same letter twice now, and am not sure what documentary evidence they want from us.

Could I provide the demands and needs questionaire as proof as it's not filled in in our handwriting, although my husband has signed it at the bottom.

Sorry if this is a bit rambling..finding this all slightly confusing and very fustrating!!

This is not a final response but if it is 8 weeks since you first complained then you can go to the Ombudsman now but as you state it is 6 weeks there is still time to make a final plea to them. I would reiterate your complaint here and ask them for a final response. Add as much as you can to this letter and wait for their response. And yes, definately add the demands and need that was filled in by someone other than yourselves..

Good luck..(don't forget to post recorded delivery too)

clubfoot79

Hi,

How long has it taken everyone else to get a response regarding their PPI claim? I have sent a letter to Intelligent Finance ref my PPI claim about 3 & 1/2 weeks ago and still haven't heard anything. I am hoping no news is good news although from reading through the forum it seems most people had a response pretty quickly just to say their claim is being investigated.
Is it worth resending the letter (in case it got lost) or contacting them directly or should I just sit tight?

Please help

marshallka

tdgooner wrote: »

Thanks for the quick reply. They didn't mention the FSA in their list, interestingly. That address on the FSA site is actually where I wrote to (found it on the web somewhere as the one on my 2004 letter was a PO Box), yet their reply came from Glasgow, I presume that's where their collections dept are.

Should I write back mentioning the FSA? What kind of letter should I send? What about the Dixons angle - are they telling me that the agreement was with them, and so my complaint should be to them (even though my payment was to Cetelem?). Sorry for all the questions, and thank you for your previous post.

I added this bit after the post...


Also was it Dixons that actually sold you the policy???? If it was then its Dixons that you make the claim against...Its always the firm that sold the PPI and loan if different to the lender.

You may have a better chance with DIxons if they sold the PPI to you...

marshallka

clubfoot79 wrote: »

Hi,

How long has it taken everyone else to get a response regarding their PPI claim? I have sent a letter to Intelligent Finance ref my PPI claim about 3 & 1/2 weeks ago and still haven't heard anything. I am hoping no news is good news although from reading through the forum it seems most people had a response pretty quickly just to say their claim is being investigated.
Is it worth resending the letter (in case it got lost) or contacting them directly or should I just sit tight?

Please help

Most first repsonses are actually to state "we sold it fairly blar blar blar". Did you send it recorded delivery???

You have to give them 8 weeks for the response but just wondering if you have a proof of sending it to them??

clubfoot79

Hi,

Unfortunately I didn't send it recorded delivery.

tdgooner

marshallka wrote: »

I added this bit after the post...


Also was it Dixons that actually sold you the policy???? If it was then its Dixons that you make the claim against...Its always the firm that sold the PPI and loan if different to the lender.

You may have a better chance with DIxons if they sold the PPI to you...

Ah, I see it now - sorry, I replied too soon!

Thanks. I will write to Dixons then, mentioning that Cetelem told me it is their problem. Should I send a SAR (to speed things up?), or just the first letter from Martin's article again?

Thanks again, I really appreciate your time.