PPI Reclaiming Discussion part 4

di3004

lalabibaby wrote: »

I have received an audio CD of my telephone conversation with FP in June 2006 and I am getting ready to respond to their letter telling us that they have carried out a full review of the sales process and are unable to agree that the policy was mis-sold.

Before I respond I would like to ask if anyone has the answer to the following questions.

The telephone conversation was with me and I was told that because at that time I was S/E and didn't have 2 years full accounts my employment status was not relevant to the sale of the insurance or indeed the loan set up at all. My husband's income was sufficient on its own. Why at this point were discussions not terminated with myself and taken up with my husband? At no point did they ask to speak to him or seek his permission to discuss private financial matters. Does anyone know if Data Protection covers this? Is this alone grounds for mis-selling as they weren't actually talking to the person whose name would be on the loan and insurance?

Would be grateful for any help you can give.

Hi there.;)

In my opinion I think you have a good case here. X

di3004

bathgatebuyer wrote: »

Hi all - not been on for ages as I've only got this one reclaim left which is with the FOS (you know, the one where they said, "You're outwith the timescale for complaining" but then quoted their time requirements which proved I was well within these timescales!?).

Well, I'm still waiting for their decision. It was 2 months since they said it fell outwith their remit and telling Sainsburys that my complaint was being dropped. I've asked them to reconsider and I've heard nothing since. Hopefully because they recognise their mistake and are getting Sainburys to cough up! LOL!!!

All else going ok. Money hassles so much less than they were before to the extent that I'm going off to Australia in a few months to see some family I've never even met.

Hi bathgatebuyer

Its good to hear from you.:A;)

Your still waiting???:eek:
Well I hope this will mean good news then after all the hassle before, good luck.

Wow Austrailia, lovely, I have not been there myself but we have a few families living there, I only just recently found out from mum, they are a family of builders and others farmers, also hubby has cousins living there.
Bet you so looking forward to that?;)

jadest

My second case went to the Adjudicator on the 1st July 09. Does any know the approximate time it take for the Adjudicator to do there inititial investigation?

My first one went to the Adjudicator but I didn't get notification of when just a letter sayibf he up-held my claim... and then as I explained before the company refuted the Adjudicators findings and is it now being investigated further.... And that is taking forever.:wall::wall::wall:

TheBigDog

lalabibaby wrote: »

I have received an audio CD of my telephone conversation with FP in June 2006 and I am getting ready to respond to their letter telling us that they have carried out a full review of the sales process and are unable to agree that the policy was mis-sold.

Before I respond I would like to ask if anyone has the answer to the following questions.

The telephone conversation was with me and I was told that because at that time I was S/E and didn't have 2 years full accounts my employment status was not relevant to the sale of the insurance or indeed the loan set up at all. My husband's income was sufficient on its own. Why at this point were discussions not terminated with myself and taken up with my husband? At no point did they ask to speak to him or seek his permission to discuss private financial matters. Does anyone know if Data Protection covers this? Is this alone grounds for mis-selling as they weren't actually talking to the person whose name would be on the loan and insurance?

Would be grateful for any help you can give.

Hello,

I personally wouldn't go down this route. Firstly, did they sell you a joint or single life policy - if it's joint you've got them by the you know whatsits because you're covered as well, and there are onerous conditions for s/emp applicants on FP policies. I wouldn't mind betting that as they've done the interview with you, you're first named on the application - if the policy is single life - remember - it's the FIRST named on the policy thats covered. FP sales calls are all scripted to sell ppi so I reckon they've possibly screwed up here.

The next question to ask is, if it's your hubby who is first named, did he have full employers benefits such as sick pay etc - if he did - they haven't clearly identified a need for insurance under ICOB rules, and the policy is mis-sold.

Good Luck,

TBD.

TheBigDog

euronorris wrote: »

Still waiting patiently for a response from A&L regarding my PPI insurance.

I put the claim in just over 3 weeks ago now and thought I would call today for an update. What a pointless waste of time. I was told "there is no update, you probably won't get a response until the full 8 weeks is up". Nice!

Don't you just love the level of customer service??!! hahahahaha What a joke!

Hi Euronorris,

It's going to take a bit longer then 3 weeks I'm afraid!

However, you are up against the Claims Company's favourite company, so if you've put a half decent arguement forward - A&L are going to want to settle this before any escalation on your part.

A&L are taking approx. 7 weeks to sort out their complaints - but they will want to settle - watch this space!

Good luck,

TBD.

TheBigDog

missprim wrote: »

Hi all,

I've been reading the sections of this fab site that are relevant to me for a little while now, and have jut worked out that the PPI section may apply to me in a fairly big way- 2 C/c's, 1 store card and 2 (smallish) loans.

I have no problems on claims for the store card, the 2 credit cards and one of the loans as i can make these using the templates.

the questions i would be grateful for any advice available on are as follows:

1. Being a newby to this particular area, I believe I'm currently (i now know, stupidly) paying PPI on all of the above credit facilities. Should i phone up and cancel the PPI policies and then claim the premiums back or just ask for it to be cancelled in the claim letter? may seem a silly question, but I'd appreciate any views as to best course of action.

2. Regarding the larger of my loans- £10,500 5yr Professional Studies Loan throught my bank in Sept 2003. Monthly payments of £243, due to end march nxt year (so potentially, a sizeable chunk of money to recoup).

What is concerning me is that I also still have my rather large (£1,800) student/graduate OD, and am thinking that if i make a claim, will they just be mean and immediately call in the OD, which i can in no way afford to pay off in full at the moment??


Any advice, comments greatly appreciated. Thanking you in advance!!

Missprim

Hi Miss Prim,

A financial company is not allowed to show any prejudice to a customer who has complained about services they have received - to do so would be a breach of the Banking Code and the FSA'a 'Treating Customers Fairly' principles - so you're safe to complain.

Good luck,

TBD.

TheBigDog

Katkins1982 wrote: »

i wrote to A&L about 2-3 weeks ago, about a loan i took out with them in November 2006. i received 2 letters, saying it was being looked into, and would be dealt with within 4 weeks etc. About a week later, i received what looked like a standard "we may have made a mistake with PPI" letter, and saying if i have already written in, to just wait for a reply. (surely this letter should have come before?!)

I just wondered if any one here had had success with A&L, how long it took etc? and whether you can choose to have a cheque or paid off your loan?

Many thanks,

Katkins :-)

Hi Katkins,

A&L are everyone's favourite hit at the moment, and they're going to want to settle - expect a letter in around a months time.

TBD.

TheBigDog

Boyo wrote: »

:mad:Hi,

I'm new to this site but would appreciate some advice. Over the last few years I've consolidated loans in an attempt to bring my debts under control. To enable me to further investigate, using the Martin Lewis template I requested my bank to provide details of all my agreements. Their reply (when it finally arrived) only provided a "true copy" of the current agreement, and nothing for the previously consolidated loans. They make a point of telling about Section 77 of the Consumer Credit Act which provides no obligation for the Bank to provide the original agreement. Whilst I'm fairly confident that the recent agreement hasn't had PPI aplied, I would be surprised if PPI was applied to the previous agreements.

Is there anything I can do to make my bank provide the details I need.

Regards

Boyo

Hi Boyo,

Most banks are currently trying to wheedle out of their obligations under S77 of the CCA under the Rankine ruling. The Judge in the judgement stated that a bank only had to give a copy of the agreement if the loan was still running - so the banks are going to hide behind this as it's a High Court ruling.

What you need to do is make a Data Subject Access Request (DSAR) under the Data Protection Act, which will cost you £10 PER LENDER (not agreement).

You can ask for as much info as you want, or as little as you want. In your shoes, I would ask them for copy agreements of all loans and credit cards you have ever held with them, and see what they send back to you. The bank is only duty bound to give you details of all agreements taken out over the last 6 years, however, some lenders will give you more than this if you don't specify dates.

Good Luck,

TBD.

pinknico

bathgatebuyer wrote: »

Hi all - not been on for ages as I've only got this one reclaim left which is with the FOS (you know, the one where they said, "You're outwith the timescale for complaining" but then quoted their time requirements which proved I was well within these timescales!?).

Well, I'm still waiting for their decision. It was 2 months since they said it fell outwith their remit and telling Sainsburys that my complaint was being dropped. I've asked them to reconsider and I've heard nothing since. Hopefully because they recognise their mistake and are getting Sainburys to cough up! LOL!!!

All else going ok. Money hassles so much less than they were before to the extent that I'm going off to Australia in a few months to see some family I've never even met.

Fantastic news about Australia, you lucky thing, it is a beautiful country.

Really think you should ring the FOS and make sure they are looking into this for you, don't think it should take this long and I'd hate to think you had been shoved at the bottom of the pile as they think this is a new complaint.xx

pinknico

dialysis wrote: »

Hi beaniebabe dont know about anyone else but I take it as bad news its disgusting that our claims will have been with them for nearly 16 months at christmas and it is only a possiblity they will be sorted:mad: especially when they have been upheld by the FOS their position has changed in months

They state that claims can take up to 6 months to resolve from time of Default and Christmas is just over 5 months a way, so they would have to hurry up on the Default issue if they want any claims sorted by then.
Quite agree with you dialysis this has taken much to long and I hope they are not sending out these Emails just to keep the peace and keep us quiet!