PPI Reclaiming discussion Part III

maxdp

marshallka wrote: »

Yeah this is very annoying for me at the moment as the FOS have said another few months and then my 6 years are up for taking this to the courts etc. I have a lot more going on than the PPI and I have said to the FOS that if my terms and conditions for the PPI are found to be "unfair terms" then surely as the PPI was part of the agreement:rolleyes: then that would deem the whole loan agreement unfair. I wrote this to the Ombudsman but got a reply back stating that they were not able to answer

I was wondering if you could please answer my query here.

I had a claim in for an unfair rebate against a PPI policy and have now been told by the Ombudsman that this type of complaint has to be made to the insurer and not the lender.

I wanted to ask your advice on this

If you are sold PPI alongside a loan and it included in the same agreement then your right of cancelling the agreement from the date of signature are 7 days.Please be aware that this agreement was entered into in January, 2000 an ended in April, 2003.

Now I have been reading that your right by law of cancelling a PPI policy are 14 days and 30 days if it included life insurance too. Has this always been the case in cancelling a PPI policy..or was it just since 2005 and we had no rights of cancellation before that date... I need this to be precise.

From when you sign the agreement which is the date that the policy begins to take affect you have waivered your rights of the cancellation of the PPI policy laws as for you to cancel after 7 days you would have to rely on the lender being nice and kind and allowing it as you have already contracted to the loan of the PPI through a credit agreement that is binding,

Where do you stand on this. Also if you have a contract of a PPI policy (not the agreement) and you find a term in the policy to be unfair and take the case to the Ombudsman and it is upheld through the insurer then does that make the agreement of the whole loan and PPI unfair too as without that term added then the agreement would not have been able to survive. Where would this then lie as the agreement is between yourself and the lender and not the insurer...

Oh well done Marshallka

That is what I love about you. You get into the nitty gritty that most of us read over and challenge it. I bet they wish they had never heard of you:rotfl::rotfl::rotfl:. I think this is the sort of thing that is needed because if we do not challenge things they stay the same. This is good for all of us.

We have had too many "experts" on here giving their advice which we have then followed cause they are meant to be experts then we have found out that this has invaladated. No wonder we are cautious

Toffee_Penny

I suppose for the cost of £1.08 it's worth a try, should I request a SAR from both Lloyds and Capital One then? I am asking as this would have details of every converstaion and agreement wouldn't it?

I don't hold out much hope for the fact it was 2006 when I took out the top up loan, I also received a payment of £100+ rebate for the old ppi on the old loan. Can you believe I thought this was a great gesture? :rolleyes: :rotfl:

Capital One has been since 2005

di3004

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.

lol, that's the word what Pinknico said diplomatic :T ,I do not like to hurt anyone's feelings then sort of thing, and thought maybe for CC to give a chance to help out as it was early days then.;)


I can be too soft like I said the other day, I also can never find the right words like you lol, and even though I stand by this forum and by you all the way hun and everyone else here;).

That is me, I do give that chance even though it was early days then, yet I did not get round to reading all posts.:o

maxdp

marshallka wrote: »

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...

Marshallka you say it how it is and that is refreshing I love it and thank you. I cannot be doing with flouncing round a bush. My business partner always says to me that if there is a point to be made she will take a paragraph and I will take a sentence at most. Do not know whether that is a compliment or not but I can live with it.:rotfl:

marshallka

maxdp wrote: »

Oh well done Marshallka

That is what I love about you. You get into the nitty gritty that most of us read over and challenge it. I bet they wish they had never heard of you:rotfl::rotfl::rotfl:. I think this is the sort of thing that is needed because if we do not challenge things they stay the same. This is good for all of us.

We have had too many "experts" on here giving their advice which we have then followed cause they are meant to be experts then we have found out that this has invaladated. No wonder we are cautious

Yeah but they wrote back and said they were not an advisory service...:rolleyes: .

I wanted to know that if they can look into unfair terms in consumer contracts then do they do half the job or the full job and deem the whole loan as unfair as without that term (there would be no policy!!) and without the policy on the agreement then there would be no agreement... Do you see what I mean here... I wanted to know if the FOS could do the job that some of these "companies" do...:D

maxdp

di3004 wrote: »

lol, that's the word what Pinknico said diplomatic :T , and thought maybe for CC to give a chance to help out as it was early days then.;)


I can be too soft like I said the other day, I also can never find the right words like you lol, and even though I stand by this forum and by you all the way hun and everyone else here;).

That is me, I do give that chance even though it was early days then, yet I did not get round to reading all posts.:o

Di there is no I in team. It takes lots of different people and personalities to make a team.

maxdp

marshallka wrote: »

Yeah but they wrote back and said they were not an advisory service...:rolleyes: .

I wanted to know that if they can look into unfair terms in consumer contracts then do they do half the job or the full job and deem the whole loan as unfair as without that term (there would be no policy!!) and without the policy on the agreement then there would be no agreement... Do you see what I mean here... I wanted to know if the FOS could do the job that some of these "companies" do...:D

hmmmm yes i do but obviously they cannot. They do not challenge anything they are mediators.

di3004

maxdp wrote: »

Di there is no I in team. It takes lots of different people and personalities to make a team.

I say it how it is, will be honest but a right softie to go with it as well lol x

maxdp

Di

Cannot remember link may be alzheimers ( or however it is spelt) Dreamer 33 correct me here.. or old age but cannot remember. How long ago was it. Do you have xmas lights round your black hat, and also did you have a staff party today:rotfl:

marshallka

maxdp wrote: »

Marshallka you say it how it is and that is refreshing I love it and thank you. I cannot be doing with flouncing round a bush. My business partner always says to me that if there is a point to be made she will take a paragraph and I will take a sentence at most. Do not know whether that is a compliment or not but I can live with it.:rotfl:

I bet your gob has got you into trouble then just like mine does but I can live with it too...I see it as a quality in someone and would think your business partner sees it that way too or he/she would not be in business with you as he/she needs to trust you. I trust someone who has a strong personality more than someone that is willy nilly as I always think people like that are the ones who would say anything for someone to like them and sometimes that is more important than helping the other person out. Do you see what i mean here. Perhaps I am talking jibberish....