PPI Reclaiming Discussion part 4

weeang_2

tiggrae wrote: »

for bespoke to have 'sold' you the policy after the 12.01.2005 they need to have been registered with the Financial Services Authority - if they try to claim it was them then they must have been working illegally so I doubt very much they'll try that one on - if they so write back to them asking for Bespokes FSA registration number and tell them you'll report them for unlawful trading

Thank you so much,I feel more relaxed now and I will let you know my progress.

tiggrae

marshallka wrote: »

Yeah I know. Its so blummin annoying this with Firstplus and the FOS. I stated its a firstplus policy and they are responsible for the rebate but got told this in the end so I had no option than to let them make the complaint against Lloyds.

Thank you for your email 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 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.

I was told also that it would also no doubt be the Ombudsmans decision too by their legal department.

have you thought about taking the document to a solicitor and asking for a separate legal opinion as to who they believe the document belongs to - a solicitor (if they agree with our view) should be able to write to the FOS legal department because to me they're just bamboozelling you

masmit

stereo_mike wrote: »

I wonder who works for a Solicitors or Ambulance chasing firm??
No i have a claim in with solicitors.

Trust me even Solicitors do not know the difference between pre and post reg cases, and the fact that GISC provided a voluntary scheme before the FSA took over.
Pre & post has nothing to do with the consumer credit act 1974, this is where the solicitors are going to town on the banks.
A bank clerk that knows more than a solicitor, now i have heard it all.
So far every case I have received from a solicitor has quoted the Hurstanger case, and every time it has been dis-proved, as Solicitors do not read the paperwork given to the client at the time of the application, even if they initially do a SAR request!!!!
Most cases that do go to court are settled prior to the action, paying off the consumer to keep quiet. This then keeps the cases out of the media.
I suggest you go on the consumer action group this will prove what your saying is rubbish.
My advice would still be to stay as far away from Claims firms whether they are Solicitors or not. To date I have never upheld a complaint from one of these company's, and neither has the FOS when they have been referred, and none of the cases have ended up in court as the Solicitors just try to use scare tactics of thretening court, but never actually go ahead with it.

A claims company that uses the FOS has no legal backing off solicitors, if it did it would not be aloud to use the complaints service. I agree with your conception of these claims company's but certainly disagree with your comments about solicitors.

marshallka

tiggrae wrote: »

have you thought about taking the document to a solicitor and asking for a separate legal opinion as to who they believe the document belongs to - a solicitor (if they agree with our view) should be able to write to the FOS legal department because to me they're just bamboozelling you

I spoke to a legal man at the FOS and was on the phone for about half an hour arguing my case and they asked for my insurance documents etc and still said it was not a complaint that Firstplus should deal with, they even said it was unfair to make Firstplus responsible for the complaint of the rebate. I then argued that others had made unfair rebate complaints against them and won and they said that EVERYONE with unfair rebate complaints made them against the underwriters of the policy as it was them that wrote the terms of the PPI policy and only them that were responsible for it. I thought that the FOS legal department were solicitors or as good as. I will have to make a complaint to the FOS about the FOS maybe.

guillo

Hi,
I need some help on whether I have a case for reclaiming my PPI. I took out a personal loan of £2500 back in 2005 with Welcome Finace and was paying back £168 over a 2 year term. This included PPI. In 2006 i went to a car dealership and was offered a car on hire purchase over a 4 year term at £268 per month again including PPI. What I didn't know at the time was the dealership had approached Welcome and got them to finance my hire purchase. All along I thought I had agreements with different companies. After about 3 months of getting the car I ran into money problems but was still employed and ended having to move in with my parents. I approached Welcome about my car fianance and wanted to give the car back as I'd only gone a few months into the deal but they said they don't take cars and I should approach the dealer and ask if they would take it back. i called them and they told me there is no legal agreement between themselves and I and I was now dealing with Welcome. I missed a few payments and Welcome passed my file to their collections department where I made a couple of payments over the phone for a number of months until I couldn't keep it up anymore and missed a few. They threatened to repossess the car and said if they do it would also trigger the loan agreement which meant they would ask for the full amount due as a breach on one agreement is a breach on the other as well. I had gotten so badly into debt that I went to see them and they arranged for a reloan where I would pay less but the term would be longer. So on my car loan I went down from £268 to £117 and my personal loan went from £168 to 59 but both are over a 72 month period. They also cancelled my insurance so I am not covered on these reloans if I lose my job and I didn't get back what I had paid in to the insurance until the reloan.
Can I claim for this insurance and also is it allowed to combine the terms of one loan to say missing payments on the hire purchase means they demand repayment of the personal loan?

tiggrae

marshallka wrote: »

I spoke to a legal man at the FOS and was on the phone for about half an hour arguing my case and they asked for my insurance documents etc and still said it was not a complaint that Firstplus should deal with, they even said it was unfair to make Firstplus responsible for the complaint of the rebate. I then argued that others had made unfair rebate complaints against them and won and they said that EVERYONE with unfair rebate complaints made them against the underwriters of the policy as it was them that wrote the terms of the PPI policy and only them that were responsible for it. I thought that the FOS legal department were solicitors or as good as. I will have to make a complaint to the FOS about the FOS maybe.

maybe there's an appeals procedure ??

tiggrae

guillo wrote: »

Hi,
I need some help on whether I have a case for reclaiming my PPI. I took out a personal loan of £2500 back in 2005 with Welcome Finace and was paying back £168 over a 2 year term. This included PPI. In 2006 i went to a car dealership and was offered a car on hire purchase over a 4 year term at £268 per month again including PPI. What I didn't know at the time was the dealership had approached Welcome and got them to finance my hire purchase. All along I thought I had agreements with different companies. After about 3 months of getting the car I ran into money problems but was still employed and ended having to move in with my parents. I approached Welcome about my car fianance and wanted to give the car back as I'd only gone a few months into the deal but they said they don't take cars and I should approach the dealer and ask if they would take it back. i called them and they told me there is no legal agreement between themselves and I and I was now dealing with Welcome. I missed a few payments and Welcome passed my file to their collections department where I made a couple of payments over the phone for a number of months until I couldn't keep it up anymore and missed a few. They threatened to repossess the car and said if they do it would also trigger the loan agreement which meant they would ask for the full amount due as a breach on one agreement is a breach on the other as well. I had gotten so badly into debt that I went to see them and they arranged for a reloan where I would pay less but the term would be longer. So on my car loan I went down from £268 to £117 and my personal loan went from £168 to 59 but both are over a 72 month period. They also cancelled my insurance so I am not covered on these reloans if I lose my job and I didn't get back what I had paid in to the insurance until the reloan.
Can I claim for this insurance and also is it allowed to combine the terms of one loan to say missing payments on the hire purchase means they demand repayment of the personal loan?

it seems you have 2 issues here, firstly NO I don't believe they can threaten you about calling in your personal loan by defaulting on the hire purchase as the two are entirely separate contractually.

Secondly, can you reclaim the PPI, yes you can but only if you believe it was mis sold to you at the point of sale - if you were happy to have had the insurance just because you haven't paid the premiums and the insurance has been cancelled isn't a reason to claim mis selling

Niallclear2008

tiggrae wrote: »

did you include all the loan account numbers in your complaint, also you need to point out that as your husband has always worked less then 16 hours that the policy was useless to him as he would be unable to make a claim if he was working less than 16 hours and the person who originally sold him the policy should have know (or asked the question ) and they have sold him a completely useless set of policies

Hi there, really apprecite your reply if I could pick your brains a bit more please, they have put in the letter that the loan explains the ppi is included as part of the loan and that we had no other insurance in place!!! he wasnt asked, the box stating he works more than 16 hours has been ticked, again not by us, and they also say that this decision is final and have enclosed details of the Fin.Ombudsman details, is this also a standard reply? plus they spoke to their eployee who is confident that he explained the t&cs, but then what else would he say!!!

Im sorry to waffle, but their letter seems so final. I will proceed with the template letter 2 and state in it all loan account numbs, the fact that he works less than 16 hours per week therefore making the policy useless.

Again, thanks for your help its appreciated.

stereo_mike

masmit wrote: »

A claims company that uses the FOS has no legal backing off solicitors, if it did it would not be aloud to use the complaints service. I agree with your conception of these claims company's but certainly disagree with your comments about solicitors.

Pre-and post has nothing to do with the consumer credit act on people that are trying to get out of paying loans, but it does have with regards to payment protection insurance which is what this thread is about!!

I am not a bank clerk and have never worked for a bank. I have dealt with complaints for a number of years and due to dealing with Solicitors etc I have gained a mountain of knowledge about legal processes and the regulator processes of complaint handling, and enjoy reading the incorrect information that is put on this site from time to time.

This is what consumer groups like you to think. For example you will notice on this site that on the successes and failure boards nobody details their failures. There should be loads but people never report them, I could easily list a few hundred PPI reclaiming complaints that have failed, from joe public, ambulance chasers, and Solicitors.

If your Solicitor is as good as they have made themselves out to be then they should be able to provide you with details of success rates with regards to these types of claims.

I just hope you don't get stiched up when they ask you to pay thousands of pounds for an after the event insurance policy, and then the lender comes after you for more money

tiggrae

Niallclear2008 wrote: »

Hi there, really apprecite your reply if I could pick your brains a bit more please, they have put in the letter that the loan explains the ppi is included as part of the loan and that we had no other insurance in place!!! he wasnt asked, the box stating he works more than 16 hours has been ticked, again not by us, and they also say that this decision is final and have enclosed details of the Fin.Ombudsman details, is this also a standard reply? plus they spoke to their eployee who is confident that he explained the t&cs, but then what else would he say!!!

Im sorry to waffle, but their letter seems so final. I will proceed with the template letter 2 and state in it all loan account numbs, the fact that he works less than 16 hours per week therefore making the policy useless.

Again, thanks for your help its appreciated.

If they have stated their decision is final a 2nd letter to them is pointless and won't make them change their stance, but what it does give you leave to do is take your complaint to the Financial Ombudsman Service telling them everything you've put down on here - if your husband was unable to claim on the insurance due to his hours being below 16 then how can it be anything other than mis sold !!!