PPI Reclaiming discussion Part III

di3004

marshallka wrote: »

They just kept replying to my fast track with the "we have noted your request" thing. They did not fast track though and I have now got to go through this all again with the insurer...:mad:

This co-op one has been offered as "Goodwill" so no going into anything..As soon as they wrote to them they made the one offer and then two and hopefully the others will be redressed the same.

Its so frustrating that you have to go through this all over again, and maybe I will have to too if there is a case with mine, but I know you worked like h*ll on yours and with you not being well either its maddening......:mad: .

I don't mind if it was a goodwill on mine with lloyds now too, but there we go they did not want to uphold my case where the adjudicator just wanted some clarification on a few things like the other day, I emailed him that comment sheet I found from the SAR anyway, not heard anything since though, but did tell him I had nothing else but was willing to contact the bank to ask why they did not send the copy of the letters within the SAR.

Glad your co op one is sorted though, you deserve every penny plus more.:T .

di3004

marshallka wrote: »

Just been nosying on tiggraes site for reclaiming (her home page as we have heard nothing from her) and on there it states that if you had an unfair rebate then you can claim under the "Unfair terms in Consumer Contracts Regulations 1999". Now to make any complaint under this rule of unfair terms it has to be a "term" in the contract that was unfair in that because of it you received an unfair rebate. I wrote to the OFT about Freedom/Bespoke/FP once and sent it to unfair terms in contracts complaints and they wrote back to me stating that to use this to make a complaint then the complaint has to be about a contract that has an unfair term in it.

Take a look at tiggrae site and see what i mean.

I know my complaint for unfair terms and rebate against FIrstplus is ok as it was the term in that that was unfair.

Singlep also told me you have to prove the rebate to be unfair..

Wonder where Tiggrae is, holiday perhaps?

Will take a look and yeah I do remember Singlep mentioning about proving it to be unfair....

dreamer33

di3004 wrote: »

hehehe, so you came back from shopping then straight onto trick treating, sounds like you've had an action packed but cold day......:D , and I bet your son is so pleased with his laser gun now that he finally has this.:T

Yip, my son is pleased with his wii gun, but not his daddy :rotfl: :rotfl: they even put the light on my behind cheeky monkeys.:rotfl:

Glad to be back home now and another year for trick or treat yippppeeeee just need to get rid of the smelly pumpkins now ppppppppoooooooooo

dreamer33

Off to bed now people been popping co-codmol for my cold and rather sleepy......................catch up tomorrow.

di3004

dreamer33 wrote: »

Off to bed now people been popping co-codmol for my cold and rather sleepy......................catch up tomorrow.

Okay hun, get yourself right for tomorrow, sleep well.:rolleyes: :A .
Night hunni. xxx

di3004

Pm'd ya Marshallka.;)

marshallka

Di, been looking back at my posts for unfair rebates and this is what singlep wrote about them in reply to me about Firstplus

This is not really unfair provided the proportion is reasonable as required by FSA.

and also here about complaints about unfair rebates



I have said before that I am happy to be wrong if someone will only tell me the Handbook rule that says Unfair Rebates override the GI complaint transition 2005 rules. If there is no rule there can be no transition and no complaint.

I have also found this on the FSA site about cancellation rights of insurance

http://fsahandbook.info/FSA/html/handbook/ICOBS/7/2

also singlep wrote all these too


It is misleading to make these statements without reference to the point of law when it is clear there is confusion between the CCA and ICOB complaint transitioning. FOS is unaware of any such rule but if there is a case at law please will someone confirm where it can be found. The unfair rebate rules only changed when the Rule 78 of the CCA was cancelled in 2006.


Unfair Rebate is just another reason for complaint to FOS, as well as misselling BUT it is only the date the ppi was sold that counts for any FOS complaint. There are no complaint types that are exempt from the date rules. I am afraid you are pursuing the wrong route here.


I am happy to be corrected and if I am wrong there will be a clear reference to the validity of a pre05 PPI-non GISC subsequent rebate claim in the FSA Dispute Resolution Handbook or associated guidance. I cannot find it and I have spoken to FOS who do not know about this either. Help, where is this authority?


FOS has jurisdiction firstly over products and only then over the firm that sells the product. FOS will consider -1. PPI complaints on policies sold prior to 14.01.05 by GISC members only. 2. Complaints on all PPI sold since 14.01.05. 3. Complaints about CCA loans legally completed after 7 April 2007.
No other dates or events are relevant to these complaints. All other complaints are a matter for the courts

marshallka

:j :j

Just found this that singlep posted here for us

ICOB only became law on 14.01.05 in the UK and resulted from the IMD, the Insurance Mediation Directive, for all EU countries. Prior to that date the FSA did not have any control over GI but "complaint transitioning" was permitted in respect of GISC members who were the GI larger firms. There is some confusion because the ABI had a voluntary code prior to 05. But you can apply unfair contract terms etc prior to Jan 05 but you need to do that against the loan that paid the premium and not the ppi itself. That's is where the complaint mgmt cos should concentrate prior to 05. I can assure you you will not win at FOS prior to 05 if the firm was not in their jurisdiction

di3004

marshallka wrote: »

:j :j

Just found this that singlep posted here for us

ICOB only became law on 14.01.05 in the UK and resulted from the IMD, the Insurance Mediation Directive, for all EU countries. Prior to that date the FSA did not have any control over GI but "complaint transitioning" was permitted in respect of GISC members who were the GI larger firms. There is some confusion because the ABI had a voluntary code prior to 05. But you can apply unfair contract terms etc prior to Jan 05 but you need to do that against the loan that paid the premium and not the ppi itself. That's is where the complaint mgmt cos should concentrate prior to 05. I can assure you you will not win at FOS prior to 05 if the firm was not in their jurisdiction

I have a feeling mine will be thrown back at me, and it may not even be classed as an unfair rebate, so my best bet is to see if I get any luck with the brokers instead, although dissolved, see what happens as it may take time.......

di3004

marshallka wrote: »

Di, been looking back at my posts for unfair rebates and this is what singlep wrote about them in reply to me about Firstplus

This is not really unfair provided the proportion is reasonable as required by FSA.

and also here about complaints about unfair rebates



I have said before that I am happy to be wrong if someone will only tell me the Handbook rule that says Unfair Rebates override the GI complaint transition 2005 rules. If there is no rule there can be no transition and no complaint.

I have also found this on the FSA site about cancellation rights of insurance

http://fsahandbook.info/FSA/html/handbook/ICOBS/7/2

also singlep wrote all these too


It is misleading to make these statements without reference to the point of law when it is clear there is confusion between the CCA and ICOB complaint transitioning. FOS is unaware of any such rule but if there is a case at law please will someone confirm where it can be found. The unfair rebate rules only changed when the Rule 78 of the CCA was cancelled in 2006.


Unfair Rebate is just another reason for complaint to FOS, as well as misselling BUT it is only the date the ppi was sold that counts for any FOS complaint. There are no complaint types that are exempt from the date rules. I am afraid you are pursuing the wrong route here.


I am happy to be corrected and if I am wrong there will be a clear reference to the validity of a pre05 PPI-non GISC subsequent rebate claim in the FSA Dispute Resolution Handbook or associated guidance. I cannot find it and I have spoken to FOS who do not know about this either. Help, where is this authority?


FOS has jurisdiction firstly over products and only then over the firm that sells the product. FOS will consider -1. PPI complaints on policies sold prior to 14.01.05 by GISC members only. 2. Complaints on all PPI sold since 14.01.05. 3. Complaints about CCA loans legally completed after 7 April 2007.
No other dates or events are relevant to these complaints. All other complaints are a matter for the courts

Arh thanks I was trying to look for these a few days ago lol, cheers hun.;)