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PPI Reclaiming Discussion part 4

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  • Marsh did FP provide the underwriting sheet, showing what commissions it paid to the broker?
  • dreamer33
    dreamer33 Posts: 1,475 Forumite
    Incipience wrote: »
    You are right Dreamer, 2 agreements under one.. this is Covered by Section 16 I think, could be 18 I can check.

    I will have a look at this, thank you
    :wave:
  • pinknico
    pinknico Posts: 3,261 Forumite
    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, 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.

    That is the major point here, "How you word your complaint" so the FOS have to act.
    DS1 12/10/04
    DS2 13/07/06
    DD1 06/12/07
  • Section 18
  • Marsh, I made the decision on my FP issue to pursue legally and can not fully discuss so as not to prejudice my own case or that of FP.. as you can be sure they are reading this.
  • pinknico
    pinknico Posts: 3,261 Forumite
    dreamer33 wrote: »
    I will have a look at this, thank you


    Also dreamer if this was a consolidated loan and individual payments were made to other companies from the loan, I think this makes it a multiple agreement.Restricted credit.
    DS1 12/10/04
    DS2 13/07/06
    DD1 06/12/07
  • Pink yes this is also another argument especially as you mentioned if they give you cheques to pay other companies that it could be deemed that each cheque is in fact a seperate agreement which could bring the whole contract under the CCA 1974 act on the proviso that the capital minus the cheque amounts fall below £25k
  • marshallka
    marshallka Posts: 14,585 Forumite
    Incipience wrote: »
    Marsh did FP provide the underwriting sheet, showing what commissions it paid to the broker?
    Yep and just 5% of the loan and nothing paid for selling the PPI (yeah right:rolleyes: ).
  • amersall
    amersall Posts: 17,035 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    thanks for that incipience, much appreciated. iwant to see this company get whats coming to it.and i will do anything i can to help that
  • So who got the Commission for the sale of PPI from the Insurer? because Firstplus were the intermediary in the sale of insurance so you can assume they got it. Perhaps its time to SAR the insurer. If the broker had not got commission in the sale then how could they be responsible for the sale.

    Contact the insurer and ask them who they paid.. this is all vital evidence to back up your case.. if FIRSTPLUS did not disclose who they paid for the sale, and the Insurer say they paid FIRSTPLUS, then firstplus can not now disclose details of payment to the broker, for this would make them in breach of the DPA for not disclosing all the details.

    Marsh, you got a case.
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