PPI Reclaiming discussion Part III

pinknico

Natalie6999 wrote: »

After having three very heated sessions on the phone with my caseworker at Tesco PF both she & her manager admitted that the policy booklet & loan agreement were not in plain english, but would not budge with my PPI claim stating that a full & final response had been issued & that my only option was to go to the FOS.

She had made several mistakes in her letter but would not change her response.

Stupid Woman, I hope when the FOS contact them they hold their hands up to it and dont drag it out to an adjudicator.

marshallka

maxdp wrote: »

Thanks Pinknico and you know we love to hear a success on here. Whether we have the knowledge or not:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

Yeah - kinda uplifting wouldn't you say....:rotfl: :rotfl:

I only know of certain cases but if anyone wins I love it and it always gives me pleasure...I have to admit that I did not know that pinknico was claiming against this one...:o

Natalie6999

marshallka wrote: »

If the caseworker agreed that the policy booklet was not in plain intelligible english then you could make a complaint about the policy as well in that it was Unfair Terms in Comsumer Contracts regulations 1999.

What does that mean in terms of a refund & do I make that complaint to Tesco PF or the FOS?

pinknico

marshallka wrote: »

I understand that part Di but can't understand how you could find that Credit Cruncher was "very helpful" to us on here.

I think Di was trying to be diplomatic:A

marshallka

Natalie6999 wrote: »

What does that mean in terms of a refund & do I make that complaint to Tesco PF or the FOS?

This may help you understand. I have a complaint about my rebate received from Firstplus in with the Ombudsman at the moment but I thought it was against the lender FIrstplus but the Ombudsman have told me this complaint is against the insurer as it the policy itself that deems what the rebate will be so its an unfair term in the policy.

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38609.html

marshallka

pinknico wrote: »

I think Di was trying to be diplomatic:A

Perhaps I need a lesson in it then...pmsl

I seem to say what i mean and mean what i say most of the time. I don't do diplomacy...

Natalie6999

marshallka wrote: »

This may help you understand. I have a complaint about my rebate received from Firstplus in with the Ombudsman at the moment but I thought it was against the lender FIrstplus but the Ombudsman have told me this complaint is against the insurer as it the policy itself that deems what the rebate will be so its an unfair term in the policy.

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38609.html

What outcome are you hoping for?

Toffee_Penny

THanks Di and Marshallka :beer:

No both loans had ppi on, the first application in the little comfy room with the advisor :rolleyes: she asked if I had any insurance that covered for accident and sickness, I thought she meant like a BUPA policy or something, you know like for hospitalisation duh!

AS I say I was working and the ppi would have covered me, I was working part time for 16 hours and it was steady work (permanent job), she didn't mention at the time it was a front loaded premium thing costing me millions over the term I have only discovered this after being on a site like this. When I called to top up the loan I remember the caller going over the maximum they could offer me and the monthly payments, stupid me opted for the lowest ones so I could afford the payments each month Part of the requirements for acceptance was I had to clear the credit card I had with them at the time which had a balance of £2500. I was making minimum payments to them and the credit card was cancelled.

As for Capital One, the application was made by post and I had to call to activate the card, all I did was recall the number on the card and say a few details and that was it.

If I knew what it was I was signing for then honestly I would have said no as I know (NOW) that I would have been covered at work with sick pay etc

I know I sound really thick here and maybe I am clutching at straws but it's the only place I know to come to without being judged

marshallka

Natalie6999 wrote: »

What outcome are you hoping for?

I am hoping they can find the term to have been unfair and then I have asked if the term was unfair and they have to make a fairer rebate to me if then the loan agreement would have been unfair too. Now that would be nice but I have heard from them on the 1st December, 2008 that there are jurisdiction issues surrounding the complaint and also it may have to go to there legal department and will be another FEW MONTHS yet...:eek:

There was no cancellation on the policy of the usual 14 or 28days and also it was rebated using rule o 78 which is where the rebate is not in proportion to the cost of the policy and depending on how much was taken away from it before applying rule of 78 as Firstplus often use this on only 10% of the policy.

marshallka

Toffee_Penny wrote: »

THanks Di and Marshallka :beer:

No both loans had ppi on, the first application in the little comfy room with the advisor :rolleyes: she asked if I had any insurance that covered for accident and sickness, I thought she meant like a BUPA policy or something, you know like for hospitalisation duh!

AS I say I was working and the ppi would have covered me, I was working part time for 16 hours and it was steady work (permanent job), she didn't mention at the time it was a front loaded premium thing costing me millions over the term I have only discovered this after being on a site like this. When I called to top up the loan I remember the caller going over the maximum they could offer me and the monthly payments, stupid me opted for the lowest ones so I could afford the payments each month Part of the requirements for acceptance was I had to clear the credit card I had with them at the time which had a balance of £2500. I was making minimum payments to them and the credit card was cancelled.

As for Capital One, the application was made by post and I had to call to activate the card, all I did was recall the number on the card and say a few details and that was it.

If I knew what it was I was signing for then honestly I would have said no as I know (NOW) that I would have been covered at work with sick pay etc

I know I sound really thick here and maybe I am clutching at straws but it's the only place I know to come to without being judged

If you did not understand the policy then I would think that you should have been explained this and you could make a complaint.

As regards the application for the credit card who ticked the PPI box... or was it already ticked for you etc.. This is what you need to find out by perhaps requesting a copy from them..