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PPI Reclaiming Discussion part 4

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  • pinknico
    pinknico Posts: 3,261 Forumite
    Previously posted by Insipience:

    Glad to see I am good for something. :-) been talking to the FOS and managed to argue my case on the acceptance of complaints against the lender where a broker has been involved.
    DS1 12/10/04
    DS2 13/07/06
    DD1 06/12/07
  • I have a claim for Tesco PF/RBS with FOS at the moment.

    How long has your complaint been with them, mine has been about four weeks now, they say that they are waiting for Tesco PF/RBS to send them the file, I have tried to speak to Tesco PF/RBS but they now will not speak to me only through FOS.
    Natalie6999

    I would leave it to the FOS to deal with TescoPF/RBS. You say that the FOS are waiting for Tesco PF/RBS to send them your file, does anyone know if there is a timescale on this ie: do they have 8 weeks in which to do this. When I sent my form off I gave them everything I sent and received from Tesco. I know how frustrating this is for you Natalie but contacting Tesco may only make you more upset. Hang in there we will get somewhere in the end.
    Take care
  • arthurp8
    arthurp8 Posts: 289 Forumite
    Can anyone recommend a reputable PPI reclaiming company. I would follow the template route - however I am claiming against 1st plus, and they have fobbed me to a broker (Bespoke finance) and they are not regulated by the FSA apparently...loan was taken out in 2004 and I'd happily let a claims company do the dirty work rather than me (mainly as I don;t know what I am doing) - if there are any that anyone has used or know of please let me know (as there is a minefield of companies out there and don't fancy getting taken for 25%)
    Play up Pompey!
  • Arthur, PM me.
  • dreamer33
    dreamer33 Posts: 1,475 Forumite
    arthurp8 wrote: »
    Can anyone recommend a reputable PPI reclaiming company. I would follow the template route - however I am claiming against 1st plus, and they have fobbed me to a broker (Bespoke finance) and they are not regulated by the FSA apparently...loan was taken out in 2004 and I'd happily let a claims company do the dirty work rather than me (mainly as I don;t know what I am doing) - if there are any that anyone has used or know of please let me know (as there is a minefield of companies out there and don't fancy getting taken for 25%)


    Hi there


    Do not be fobbed off by FP check out incipience posts, they have very very good info on this problem. Click on the name and then view other posts. The posts will help you very much.

    Remember some companies can charge upto 30% including vat and is taken from the winnings, also there is no guarantee that you would get all of the funds returned.
    :wave:
  • dreamer33
    dreamer33 Posts: 1,475 Forumite
    Incipience wrote: »
    Arthur, PM me.

    Thank you incipience was just explaining about your posts:A
    :wave:
  • marshallka
    marshallka Posts: 14,585 Forumite
    showergirl wrote: »
    Natalie6999

    I would leave it to the FOS to deal with TescoPF/RBS. You say that the FOS are waiting for Tesco PF/RBS to send them your file, does anyone know if there is a timescale on this ie: do they have 8 weeks in which to do this. When I sent my form off I gave them everything I sent and received from Tesco. I know how frustrating this is for you Natalie but contacting Tesco may only make you more upset. Hang in there we will get somewhere in the end.
    Take care
    Hiya showergirl, I know with my bank claim that they took their time sending things to the FOS and I asked the FOS what timescale they gave these companies. (i was meaning like we give them 8 weeks for a complaint to be dealt with). They told me that they do not give them ANY timescales which was annoying at first but they actually then made a non admittal goodwill gesture which was a good thing. They then do not get a black mark against them with the FOS and the FOS do not have to adjudicate. Lets hope yours goes the same way.;)
  • marshallka
    marshallka Posts: 14,585 Forumite
    arthurp8 wrote: »
    Can anyone recommend a reputable PPI reclaiming company. I would follow the template route - however I am claiming against 1st plus, and they have fobbed me to a broker (Bespoke finance) and they are not regulated by the FSA apparently...loan was taken out in 2004 and I'd happily let a claims company do the dirty work rather than me (mainly as I don;t know what I am doing) - if there are any that anyone has used or know of please let me know (as there is a minefield of companies out there and don't fancy getting taken for 25%)
    Arthur, how long ago did Bespoke send you their final response if they did?
  • pinknico
    pinknico Posts: 3,261 Forumite
    Incipience wrote: »
    Arthur, PM me.


    Was hoping you would turn up, thanks
    DS1 12/10/04
    DS2 13/07/06
    DD1 06/12/07
  • Marshallka.. you have to realise that despite all this, common law exists. and more importantly the law of agency exists and it is clear on matters about when your agent the broker makes a contract with a third party the agent is no longer liable.

    It is COMMON LAW, the FOS, FSA and others look at regulatory law, and Consumer Credit Laws.

    The burden of proof is on FP to argue, however the burden of proof is also on you to explain your understanding and that you would have no way otherwise of knowing about the brokers responsibility.

    You will also be arguing that that the policy was MIS-SOLD, which you firstplus would rightly state that the policy was SOLD by the broker, however it is only a part truth, and then you have to get FIRSTPLUS to release, the extent of the agreement, and the extent of agency the broker was working. For all intents the broker is employed by the Lender, or at the least under a contract.

    You therefore have to get a copy of these contracts.. which firstplus will tell you to P-off, and claim company confidential.. however you have a right to pre-action disclosure and can get a court to force FIRSTPLUS to disclose.

    Google [FONT=&quot]CPR 31.16(3)

    The FOS wont tell you this, neither will the FSA.

    They are Finance & Insurance regulators, not law regulators.
    [/FONT]
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