PPI Reclaiming discussion Part III

di3004

Marshallka did you see my email I received from the adjudicator?

Just a matter of waiting now, and tomorrow maybe we will hear something about hubby's, will wait and see.;)

di3004

dreamer33 wrote: »

Sorry not been on much my head done in with worry.

Hubby finds out tomorrow about job:eek:

Good luck for tomorrow dreamer hunni.:A X

Incipience

marshallka wrote: »

So from what are you saying then? FOS and the FSA are misleading us about the broker issues. I have tried this one with FOS about mine and they would not contemplate the issues. I know of others too whereby they have tried to complain to the lender as the broker is outside the jurisdiction of the FOS but FOS has thrown the complaints out. Also people have written to the FSA about issues like this and they have not directed them anywhere other than the courts...

The FOS will only deal with complaints on the merits of the complaint itself, where you to provide the FOS with copies of your Policy Documents, especially if it states that the lender is acting as the intermediary then you will be providing proof, the complaint will then go ahead and then it is up to the Lender to provide proof to the contrary.

You have to understand the FOS is funded by the lenders, and if you just send a letter without so much as an argument as to why the lender is responsible then they cant decide that for you without a case, if so then this would be prejudicial to the lender.

When writing to the FOS you must state your case clearly and precisely, argue every point that the lender has hit back at you and where possible back it up with evidence.

I can give you an example, but can not name the companies in question due to having to sign and NDA.

Last year I complained against a loan company, reference a ppi policy. The loan company referred me to the broker, so letter off to the FOS stating that I was misold the policy and the lender wont refund (basically)

The FOS replied stating that the lender has referred me to the broker and I must therefore puruse the broker, but I was free to file a complaint again. The broker, did not exist anymore.

Back to the FOS, and the case was rejected, because the broker did not exist and the broker was not a member of any regulatory body.

At the time I was so p**ed off I never really read between the lines of the FOS decision.

I went to a lawyer, the lawyer then contacted the lender and the lender came back with the same response. However a new case was filed with the FOS, including all contracts and policies and quoting things like "The Law of Agency", as the FOS person dealing with the complaint had no exposure to such laws or arguments it was referred to an adjudicator..

The adjudicator upheld the complaint, and ordered the lender to put my account back to a position it was were I not to have taken the ppi. I was also awared £400 in damages. The lender paid up and offered £600 on top of damages were I to sign an NDA, which I did.

You can imagine as to why I had to sign an NDA..

It took until late december to get the response..

Now I am fighting the same case with Firstplus, but my own dumb greed at christmas can't let me refer to the previous decision.

dreamer33

booi666 wrote: »

Hi dreamer,

Thanks for that,

The actual loan i can take care of that for him, its the ppi.
as ive only just sent my sars off and im not 100%sure what to expect or to do.

Im going over to see him 2moz to tell him 1 or 2 things reg his loan.

Got my SAR from MBNA they do not send you the telephone records, make sure you highlight the telephone line of the SAR letter just to make sure.

di3004

Incipience wrote: »

The FOS will only deal with complaints on the merits of the complaint itself, where you to provide the FOS with copies of your Policy Documents, especially if it states that the lender is acting as the intermediary then you will be providing proof, the complaint will then go ahead and then it is up to the Lender to provide proof to the contrary.

You have to understand the FOS is funded by the lenders, and if you just send a letter without so much as an argument as to why the lender is responsible then they cant decide that for you without a case, if so then this would be prejudicial to the lender.

When writing to the FOS you must state your case clearly and precisely, argue every point that the lender has hit back at you and where possible back it up with evidence.

I can give you an example, but can not name the companies in question due to having to sign and NDA.

Last year I complained against a loan company, reference a ppi policy. The loan company referred me to the broker, so letter off to the FOS stating that I was misold the policy and the lender wont refund (basically)

The FOS replied stating that the lender has referred me to the broker and I must therefore puruse the broker, but I was free to file a complaint again. The broker, did not exist anymore.

Back to the FOS, and the case was rejected, because the broker did not exist and the broker was not a member of any regulatory body.

At the time I was so p**ed off I never really read between the lines of the FOS decision.

I went to a lawyer, the lawyer then contacted the lender and the lender came back with the same response. However a new case was filed with the FOS, including all contracts and policies and quoting things like "The Law of Agency", as the FOS person dealing with the complaint had no exposure to such laws or arguments it was referred to an adjudicator..

The adjudicator upheld the complaint, and ordered the lender to put my account back to a position it was were I not to have taken the ppi. I was also awared £400 in damages. The lender paid up and offered £600 on top of damages were I to sign an NDA, which I did.

You can imagine as to why I had to sign an NDA..

Hi there
I am in the same postion in a way here, the broker (Click XXXXXXX) dissolved, yet the director continued with the other loan companies he ran, but I could not pursue through them due to that actual company had dissolved.

I was being passed back and forth more or less from broker to lender sort of thing, when I say that, the compliance manager of the existing Click is the one I contacting to try to sort this out.

This was taken out in July 2004 and both broker and lender were NOT covered then.

Incipience

You will note that even on the FOS website it states that they would prefer you to submit the complaint yourself in your own words and not use a claims company or solicitor.

dreamer33

Incipience wrote: »

The FOS will only deal with complaints on the merits of the complaint itself, where you to provide the FOS with copies of your Policy Documents, especially if it states that the lender is acting as the intermediary then you will be providing proof, the complaint will then go ahead and then it is up to the Lender to provide proof to the contrary.

You have to understand the FOS is funded by the lenders, and if you just send a letter without so much as an argument as to why the lender is responsible then they cant decide that for you without a case, if so then this would be prejudicial to the lender.

When writing to the FOS you must state your case clearly and precisely, argue every point that the lender has hit back at you and where possible back it up with evidence.

I can give you an example, but can not name the companies in question due to having to sign and NDA.

Last year I complained against a loan company, reference a ppi policy. The loan company referred me to the broker, so letter off to the FOS stating that I was misold the policy and the lender wont refund (basically)

The FOS replied stating that the lender has referred me to the broker and I must therefore puruse the broker, but I was free to file a complaint again. The broker, did not exist anymore.

Back to the FOS, and the case was rejected, because the broker did not exist and the broker was not a member of any regulatory body.

At the time I was so p**ed off I never really read between the lines of the FOS decision.

I went to a lawyer, the lawyer then contacted the lender and the lender came back with the same response. However a new case was filed with the FOS, including all contracts and policies and quoting things like "The Law of Agency", as the FOS person dealing with the complaint had no exposure to such laws or arguments it was referred to an adjudicator..

The adjudicator upheld the complaint, and ordered the lender to put my account back to a position it was were I not to have taken the ppi. I was also awared £400 in damages. The lender paid up and offered £600 on top of damages were I to sign an NDA, which I did.

You can imagine as to why I had to sign an NDA..

It took until late december to get the response..

Now I am fighting the same case with Firstplus, but my own dumb greed at christmas can't let me refer to the previous decision.

You did really well here mind with the undisclosed one glad you beat them in the end and got FOS to uphold it, FOS wouldn't look at my complaint because Freedom Finance (broker) were not regulated but Firstplus (provider) were part of the GISC. I was foaming.

booi666

dreamer33 wrote: »

Got my SAR from MBNA they do not send you the telephone records, make sure you highlight the telephone line of the SAR letter just to make sure.

Hi DREAMER,

I've sent my sars off to hfc allready,but i didnt highlight the telephone bit:eek:

I will be a bit f----d off if i have to write/ring them to request it again:mad:

When i see are kid 2moz ill tell him about the sars and get him to highlight the phone bit:D

di3004

booi666 wrote: »

Hi DREAMER,

I've sent my sars off to hfc allready,but i didnt highlight the telephone bit:eek:

I will be a bit f----d off if i have to write/ring them to request it again:mad:

When i see are kid 2moz ill tell him about the sars and get him to highlight the phone bit:D

Hi Boo
The SAR should already request for this hun.......:D

booi666

Ey up di,

How you didlin;)