PPI Reclaiming Discussion part 4

showergirl

dreamer33 wrote: »

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?[/quot

It says that this agreement is made between Tesco Personal Finance and the person(s) named in Your Details section.

The FOS say that Tesco had until the 16th of Feb to respond to their letter, but as I had received a final response from RBS I was to send off the complaints form which I have done

dreamer33

showergirl wrote: »

dreamer33 wrote: »

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?[/quot

It says that this agreement is made between Tesco Personal Finance and the person(s) named in Your Details section.

The FOS say that Tesco had until the 16th of Feb to respond to their letter, but as I had received a final response from RBS I was to send off the complaints form which I have done

It can all get very confusing with these finance companies, thinking about what incipience has said, who do your agreements tell you to complain to if you have a problem?

I hope this gets sorted out soon for you.

marshallka

showergirl wrote: »

dreamer33 wrote: »

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?[/quot

It says that this agreement is made between Tesco Personal Finance and the person(s) named in Your Details section.

The FOS say that Tesco had until the 16th of Feb to respond to their letter, but as I had received a final response from RBS I was to send off the complaints form which I have done

This may help

Supermarket giant Tesco will take on High Street banks after buying out partner RBS's 50% share in Tesco Personal Finance for £950m.

http://www.thisismoney.co.uk/investing-and-markets/article.html?in_article_id=448364&in_page_id=3

Incipience

dreamer33 wrote: »

Incipience would this also be applied to unregulated contracts?

Unregulated contracts are those not covered under the Consumer Credit Act. For the purposes of regulation or unregulation it makes no difference under common law.

however that take me on to another issue, multiple agreements, under the CCA 1974, you could argue that because the loan fixed sum unrestriced purpose, and that the PPI was fixed sum restricted, a multiple agreement would therefore exists.

Meaning that you could possibly argue that the PPI part was regulated, and this has been a motion put forward on many cases, and as no precedence exists YET, it will be down to the court.

Guys you have lots of options, remember that the Law is on your side. If you doubt what I am saying then contact a lawyer.

I have been lucky enough to have been in contact with barristers and other lawyers, and even Claims Companies who specialise in Consumer Contracts.

I have a mountain of legal books and as I am doing my LLB, I have access to Legal Library.

Do yourself a favour and contact anyone of these advertised Claims Companies who use legal counsel, and ask them who is responsible, and then ask them why they always go after the lender.

If the lender did not have responsibility then ask why the courts allow such actions.

It is plain to see, that we all get duped by the FOS and the Lenders in matters of actual law.. I know I did, but now my eyes are open.

marshallka

Incipience wrote: »

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.

So if the broker was unregulated and the lender is "fos able" then FOS will accept your argument and look into your complaint.. Is that what you are saying here.

Incipience

marshallka wrote: »

showergirl wrote: »

This may help

Supermarket giant Tesco will take on High Street banks after buying out partner RBS's 50% share in Tesco Personal Finance for £950m.

http://www.thisismoney.co.uk/investing-and-markets/article.html?in_article_id=448364&in_page_id=3

Oh yeah I remember that now..

Incipience

marshallka wrote: »

So if the broker was unregulated and the lender is "fos able" then FOS will accept your argument and look into your complaint.. Is that what you are saying here.

Yes, that is what I am saying. However you have to argue your point. In a call to the FOS a couple of weeks ago, I reiterated my argument that I was in no way able to know what or who was responsible, and that all the documentation pointed to the Lender.

Furthermore I questioned if the lender has no responsibility then why refer me to the FOS, by that they are admiting some liability in the transaction.

I was then told that if I outlined my complaint as such, then they would have no choice but to send to an adjudicator.

Their words NOT mine.

dreamer33

Incipience wrote: »

Unregulated contracts are those not covered under the Consumer Credit Act. For the purposes of regulation or unregulation it makes no difference under common law.

however that take me on to another issue, multiple agreements, under the CCA 1974, you could argue that because the loan fixed sum unrestriced purpose, and that the PPI was fixed sum restricted, a multiple agreement would therefore exists.

Meaning that you could possibly argue that the PPI part was regulated, and this has been a motion put forward on many cases, and as no precedence exists YET, it will be down to the court.

Guys you have lots of options, remember that the Law is on your side. If you doubt what I am saying then contact a lawyer.

I have been lucky enough to have been in contact with barristers and other lawyers, and even Claims Companies who specialise in Consumer Contracts.

I have a mountain of legal books and as I am doing my LLB, I have access to Legal Library.

Do yourself a favour and contact anyone of these advertised Claims Companies who use legal counsel, and ask them who is responsible, and then ask them why they always go after the lender.

If the lender did not have responsibility then ask why the courts allow such actions.

It is plain to see, that we all get duped by the FOS and the Lenders in matters of actual law.. I know I did, but now my eyes are open.

I completely agree with everything you say, you have opened up my eyes lately to the point that I was fobbed off too by FP.

In the case of multiple agreements would that mean that as my loan was £40k and ppi £9796K would this mean that it would be a multiple agreement because of the two sums involved even though it was one credit agreement. If this is correct what I say, then it would mean that the ppi was covered by the CCA as it was below the £25K.

Sorry if I'm completely wrong.

marshallka

Incipience wrote: »

Yes, that is what I am saying. However you have to argue your point. In a call to the FOS a couple of weeks ago, I reiterated my argument that I was in no way able to know what or who was responsible.

Furthermore I questioned if the lender has no responsibility then why refer me to the FOS, by that they are admiting some liability in the transaction.

I was then told that if I outlined my complaint as such, then they would have no choice but to send to and adjudicator.

Their words NOT mine.

Waiting for your outcome then here.

I did the same and got a letter back to state that I needed to complain to the broker. I sent in every single bit of my SAR and nothing in that SAR PROVED i used a broker. I even sent a letter attached saying that I felt FIrstplus were maybe "paying" these firms something knowing that people would not have any recourse through FOS as they were unregulated. I contacted watchdog, the FSA, OFT and FOS. I proved my case and made my complaint against FIrstplus and it actually got before an adjudicator and within 2 days of being there they through it back saying that I had to complain to the broker like Firstplus said. I wish you luck but can only talk from my experience. I am not knocking what you are doing by the way. Just like i say, I can talk from My own experience.

I am in agreement with what you are saying here but getting the FOS to look is another matter.

Incipience

You are right Dreamer, 2 agreements under one.. this is Covered by Section 16 I think, could be 18 I can check.