PPI Reclaiming Discussion part 4

showergirl

I have a savings account with Tesco PF as it is my local supermarket. Tesco state that they no longer have any dealings with RBS. I took out the loan with Tesco and yet my complaint was passed to the RBS. Surely my complaint is with Tesco. When the ombudsman wrote on my behalf he also wrote to Tesco PF. Neither of us has had any response from them. This is bugging me can anyone shed any light on this. Also I do not think Tesco will want any black marks against them due to the complaints we have with them and I am hoping that they make a goodwill gesture. But there again thats all we can do at the moment is live in hope

maxdp

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 Arthur

Am sure Incipience will be able to help you she does seem knowledgeable and knows what she is talking about.

If not try Petermb

Incipience

If you take this right down to the bare facts.

and look at IMPLIED terms

Also google Negligent Misrepresentation, action is allowed under common law and by statute

Now you also have Consumer Protection In contract

These forums and others are all about DIY claims, and the lenders know this, you want to take real action.

mlucyminx

wj209980 wrote: »

Hello all - I hope you could give me some advice...

Whilst I am waiting on the decision on my attempt to reclaim PPI from Egg, I recently sent off the first letter to Northern Rock with whom I took out a much smaller loan (basically, in this case, when I took out the loan the salesperson told me that my chances of getting the loan would be greatly increased if It ook out PPI as it showed a "more responsible attitude towards borrowing").

Anyway, yesterday I got a reply. it was just a basic letter acknowledging my complaint, and a questionnaire for me to fill out. It asks for details about what type of PPI it was (e.g. broze, silver or gold), when I took it out, how much the premium was etc etc. Surely they should have this information and not need to ask me?

One of the questions was "have you ever had payment protection before taking out this loan" and another was "did you have payment protection elsewhere before you took out this loan". Well, I had PPI on my egg loan i'd taken out a couple of years earlier - should I mention that here?

Also, the questionnaire doesn't really give any place for me to state why I am actually trying to reclaim it (i.e. the rubbish the salesperson told me).

So should I just fill it in and send it back? Should I include another letter restating my reasons for reclaiming? Should I send a letter but refuse to fill it in?

Personally I wouldn't fill it in.

Tell them that the information they are requesting regarding ppi with them they will already have and the other questions are irrelevant to this complaint.

dreamer33

showergirl wrote: »

I have a savings account with Tesco PF as it is my local supermarket. Tesco state that they no longer have any dealings with RBS. I took out the loan with Tesco and yet my complaint was passed to the RBS. Surely my complaint is with Tesco. When the ombudsman wrote on my behalf he also wrote to Tesco PF. Neither of us has had any response from them. This is bugging me can anyone shed any light on this. Also I do not think Tesco will want any black marks against them due to the complaints we have with them and I am hoping that they make a goodwill gesture. But there again thats all we can do at the moment is live in hope

I would have thought if you took out the loan with tesco then your complaint should be dealt with by them. I'm not sure why it would have been passed to RBS, on your credit agreement which company logo does it have Tesco or RBS?

What have FOS done so far if Tesco have ignored them?

pinknico

showergirl wrote: »

I have a savings account with Tesco PF as it is my local supermarket. Tesco state that they no longer have any dealings with RBS. I took out the loan with Tesco and yet my complaint was passed to the RBS. Surely my complaint is with Tesco. When the ombudsman wrote on my behalf he also wrote to Tesco PF. Neither of us has had any response from them. This is bugging me can anyone shed any light on this. Also I do not think Tesco will want any black marks against them due to the complaints we have with them and I am hoping that they make a goodwill gesture. But there again thats all we can do at the moment is live in hope

Showergirl, on my Tesco Credit Card when I reclaimed charges last year it was dealt with by the Royal Bank of Scotland, even though I posted to Tesco.I am surprised you didnt get a reply. Maybe because they had dealings with RBS at the time thats who it goes to where as any complaints today don't. If that makes sense lol.

Incipience

RBS, own the trading name Tesco Finance.

marshallka

Incipience wrote: »

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)[/FONT]

[FONT=&quot]The FOS wont tell you this, neither will the FSA.[/FONT]

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

So is this argument that you are using being able to be used with complaints to the FOS or not.
Are FOS actually accepting this now?

If this is true then ALL complaints for anyone on here should be against the lender and not the broker? Is that what you are saying.

dreamer33

Incipience wrote: »

If you take this right down to the bare facts.

and look at IMPLIED terms

Also google Negligent Misrepresentation, action is allowed under common law and by statute

Now you also have Consumer Protection In contract

These forums and others are all about DIY claims, and the lenders know this, you want to take real action.

Incipience would this also be applied to unregulated contracts?

Incipience

No.. I am saying you have the option, if the Broker was regulated, then you can go for the broker, if the broker was not regulated then you go for the lender.

All parties who profitted in the sale are responsible.