PPI Reclaiming discussion Part III

Incipience

Marshallka.

Forget the FOS and go to legal action.. even if you cant prove who is responsible you have another option that could get the loan declared unenforceable..

The FOS in my opinion are somewhat useless, unless you can get to someone who knows what they are talking about and you get past the lions at the gate.

These forums serve a purpose and are ok for Vanilla cases, however no one case is the same, especially when you have the likes of brokers involved and especially the unregulated ones.

marshallka

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.

I have tried everything possible with my complaint against Firstplus and its still the same reply as there are jurisdiction issues for the misselling and the rebate we received is against the insurer as they have had this to the management.

Here are copies of my emails from FOS

Thank you for your email of 8 January 2009 in which you state that you do not want your complaint against Firstplus closed, until you know that The Society of Lloyds will actually take responsibility for the issues relating to unfair rebate. I appreciate your comments, however as previously explained we are unable to consider your complaint against Firstplus as, although your policy was sold by Firstplus, issues relating to rebate payments should be directed to the insurance company who underwrote the policy, i.e. The Society of Lloyds.
As a result, the following two options are available to you in respect of this complaint;
1) You accept the view issued on 23 October 2008 stating that we cannot hold Firstplus responsible for a complaint concerning rebate, and the complaint is closed.
2) Alternatively, if you are not willing to accept my view, the final stage in our procedure would be to have your complaint against Firstplus referred to the ombudsman for a final decision to be made.
We are unable to keep cases open indefinitely, and therefore if you wish for your complaint to be passed to the ombudsman for a final decision to be made, please inform me in writing by 27 January 2009. If I have not heard from you by 27 January 2009 I will arrange for the case to be closed.
As you are aware we have set up a new complaint against The Society of Lloyds under case reference 82******. For sake of completeness and to avoid any confusion in the future I would suggest that any correspondence relating to your new complaint is marked with the correct reference and sent to the appropriate contact. Our records indicate that J**** wrote to you on 19 December 2008 providing details of the action taken on your new complaint against The Society of Lloyds. I will arrange for your recent email to be forwarded to J******* and to be added to your complaint against The Society of Lloyds, however in future please correspond directly with ****** on matters concerning your complaint reference *******.

di3004

dreamer33 wrote: »

Thanks DI there is a rumour its going to close.:eek:

OMG hunni, I certainly hope not........:eek:

I can't believe how bad it is everywhere, all due down to this recession/credi-crunch !!!!!!!!:mad:

Incipience

Dreamer the insurer then is most likely to be cassidy davis.. do you have the policy booklet?

di3004

Incipience

Your amazing and most helpful as well, thank you.:T

dreamer33

Incipience wrote: »

Marshallka.

Forget the FOS and go to legal action.. even if you cant prove who is responsible you have another option that could get the loan declared unenforceable..

The FOS in my opinion are somewhat useless, unless you can get to someone who knows what they are talking about and you get past the lions at the gate.

These forums serve a purpose and are ok for Vanilla cases, however no one case is the same, especially when you have the likes of brokers involved and especially the unregulated ones.

Have to agree with you on the FOS thing:T

marshallka

And more emails

As you are aware your complaint reference 7**** has been passed to me to consider whether or not is its one we can consider. As I have previously explained I am in the process of establishing the underwriter details for your PPI policy, so that we can arrange for a complaint about the unfair rebate to be set up against it.

Furthermore, I can confirm that your email below has also been passed to me. I have considered your comments, however, the role of the Financial Ombudsman Service is to independently resolve financial disputes between consumers and businesses. I am therefore unable to provide any advice concerning the matters raised in your email below.

I have noted the new complaint wording which you have provided in your email of 28 October 2008. As soon as we have located the underwriter details, I will arrange for it to be included as part of your new complaint submission.

Many thanks

Kind Regards

Thank you for your email regarding your above mentioned complaint. Your complaint has been passed to me to determine whether or not it is one which we can consider. From the papers in the file I understand that you would like us to investigate a complaint about the unfair rebate paid on your PPI policy.

Whilst I appreciate that your policy was sold by Firstplus in January 2000, and issues relating to rebate payments should be directed to the insurance company who underwrote the policy. I therefore suggest that you initially contact the insurance company as they provided the rebate, in order to raise your concerns with it. Details of the insurance company should be stated in your policy booklet.

The complaint handling procedures which are laid down by the Financial Services Authority, state that a business must be provided eight weeks from date the complaint is received, so that it has the opportunity to ‘put things right’, and investigate the complaint. The insurance company should therefore have eight weeks from date of receipt of your letter to look into the complaint and issue its final response letter on the matter. Consequently, if after receipt of its final response letter, you remain dissatisfied with the outcome of its investigations, you should contact us within six months from the date of its letter to refer your complaint to us.

On the basis that Firstplus are not responsible for the unfair rebate issues relating to your PPI policy, it would be inappropriate for me to investigate a complaint against it, and for that reason I will move to close the complaint unless I hear from you with any further comments that you feel would make a significant difference to the outcome by 6 November 2008.

Many thanks

Kind regards

Incipience

Marsh speak to a lawyer before you do anything.

booi666

marshallka wrote: »

What are my chances here...

Depends how nice to me you are:rotfl:


Have you had chance to look at my loan marsh:eek:

If not theres no rush but 2moz would be good:rotfl: :rotfl: :rotfl:

Just kidding!!!! whenever you can;)

dreamer33

Incipience wrote: »

Dreamer the insurer then is most likely to be cassidy davis.. do you have the policy booklet?

OMG, tell me you don't or didn't work for Firstplus. :eek: How do you know all these things, its freaky lol

You are very good. Yes, it was Cassidy Davis.

Still got the booklet