PPI Reclaiming Discussion part 4

booi666

bathgatebuyer wrote: »

Hi all - got the first part of my CCA issue with Sainsburys bumped by the FOS today. they say the appropriate forum for me to do that would be the courts. Surprise suprise - them and their slippery shoulders! Not suprised at all by this as they routinely turn around with CCA matters and say, "Not our area" and fawn some irrelevant gibberish over a few pages to make it seem like they've considered it.

They acknowledge that Sainsburys didn't even send me terms and conditions for nearly 10 months but have said nothing about them seeking to enforce the card in the meantime as well as process info to credit reference agencies.

They say that 'enorceable' realtes to 'enforceable in a court of law' and that the 'normal admnistrative operations of the account such as charging interest, or seeking repayment is not disputed'. They also say that the fact that I have been continuing to make payments to the account suggest that there is no 'dispute' in the OFT sense and that I am not disputing any debt to Sainsburys.

Also that the OFT do not prohibit interest of charges being added to loan accounts when in dispute and not credit card accounts.

The Bank are deemed not to require to forward copies of the term of the agreement at the time it was opened but can get away with current terms and conditions.

That the correct course of resolving this would be in court if I was a defaulting debtor (so, they're effectively asking me to stop paying and force Sainsburys to take me to court!)

What a load of !!!!.

Oh aye, and the PPI bit of my complaint is being dealt with seperately. The box on their agreement was pre-ticked and I have a pre-existing medical condition which I've proven so the FOS could redeem themselves in my eyes by making the right decision in that case.

What a waste of the last 10 months - well, at least in the CCA respect.

Why dont you put the account in dispute,

Stop paying the loan untill they send you or prove there are the docs you are asking for?

pinknico

For ease, use the Moneyclaim website in England and Wales (there's also the Northern Ireland Courts Online) which can be used for starting most county court money claims, just go there and fill in the form. There’s a fee of between £25 and £100, depending on the size of your claim, which can be paid by a credit or debit card: though it’s refunded if, and hopefully when, you win.
This explains money claim online

Natalie6999

Today I have asked for help & guidance from you all & except for Marshallka & Showergirl the silence has been deafening.

I realise that I am not part of your little gang but surely we all have a common purpose of wanting to reclaim our PPI?

This is the last time that I will be posting on here, I am fed up with the childish behaviour of certain members of this thread.

Marshallka, Showergirl & Deborah46 I will PM you tomorrow when I calm down a little.

booi666

Natalie6999 wrote: »

Today I have asked for help & guidance from you all & except for Marshallka & Showergirl the silence has been deafening.

I realise that I am not part of your little gang but surely we all have a common purpose of wanting to reclaim our PPI?

This is the last time that I will be posting on here, I am fed up with the childish behaviour of certain members of this thread.

Marshallka, Showergirl & Deborah46 I will PM you tomorrow when I calm down a little.

Wo wo wo calm down:eek:

pip2805

Hi All
Rang the FOS today and they have told me they have written to Norton and have upheld my claim asking Norton to put things right.The FOS said that if Norton did nt agree it would have to go to the head FO and could take another year which is worrying.As with the credit crunch we are hanging out our bums.
My question is has anyone had dealings with Norton and if so what was the out come.Norton have till the 10th of feb to reply to the FOS.One thing the FOS did say was there was alot of complaints against Norton at the minute and they would be investigated. Norton was the broker and First plus the lender.They hav nt written to First Plus.
My husband wants to ring Norton tomorrow to see what they intend to do but i'm worried it could get there backs up.

rkm123

Hi, I posted on here a couple of weeks ago about reclaiming my First Plus PPI. I have now had my SAR details through. Can I print here what the tapes say and could anyone advise me if they think I have a claim?
Thanks

dreamer33

bathgatebuyer wrote: »

Hi all - got the first part of my CCA issue with Sainsburys bumped by the FOS today. they say the appropriate forum for me to do that would be the courts. Surprise suprise - them and their slippery shoulders! Not suprised at all by this as they routinely turn around with CCA matters and say, "Not our area" and fawn some irrelevant gibberish over a few pages to make it seem like they've considered it.

They acknowledge that Sainsburys didn't even send me terms and conditions for nearly 10 months but have said nothing about them seeking to enforce the card in the meantime as well as process info to credit reference agencies.

They say that 'enorceable' realtes to 'enforceable in a court of law' and that the 'normal admnistrative operations of the account such as charging interest, or seeking repayment is not disputed'. They also say that the fact that I have been continuing to make payments to the account suggest that there is no 'dispute' in the OFT sense and that I am not disputing any debt to Sainsburys.

Also that the OFT do not prohibit interest of charges being added to loan accounts when in dispute and not credit card accounts.

The Bank are deemed not to require to forward copies of the term of the agreement at the time it was opened but can get away with current terms and conditions.

That the correct course of resolving this would be in court if I was a defaulting debtor (so, they're effectively asking me to stop paying and force Sainsburys to take me to court!)

What a load of !!!!.

Oh aye, and the PPI bit of my complaint is being dealt with seperately. The box on their agreement was pre-ticked and I have a pre-existing medical condition which I've proven so the FOS could redeem themselves in my eyes by making the right decision in that case.

What a waste of the last 10 months - well, at least in the CCA respect.

Hi there what a nightmare for you.

What gets me is this bit "The Bank are deemed not to require to forward copies of the term of the agreement at the time it was opened but can get away with current terms and conditions", to me if this is the case then would it not be correct to say that "even though a broker used before was not regulated by the FSA and FOS won't deal with a complaint regarding an unregulated broker, however a majority of brokers are now regulated, to me this means FOS can use the current situation now.that they are regulated but they won't.

It is so annoying rules to suit.

Lets hope you get your PPI back.

dreamer33

rkm123 wrote: »

Hi, I posted on here a couple of weeks ago about reclaiming my First Plus PPI. I have now had my SAR details through. Can I print here what the tapes say and could anyone advise me if they think I have a claim?
Thanks

Yes if you would like to, maybe not all info, incipience is a wealth of info regarding FP and the others too.

booi666

dreamer33 wrote: »

Hi there what a nightmare for you.

What gets me is this bit "The Bank are deemed not to require to forward copies of the term of the agreement at the time it was opened but can get away with current terms and conditions", to me if this is the case then would it not be correct to say that "even though a broker used before was not regulated by the FSA and FOS won't deal with a complaint regarding an unregulated broker, however a majority of brokers are now regulated, to me this means FOS can use the current situation now.that they are regulated but they won't.

It is so annoying rules to suit.

Lets hope you get your PPI back.

Youll probably find that they dont have them thats why they fob you off with sending the current ones:eek:

Incipience

dazzer26 wrote: »

havn't posted for a while just been sat in the fos backlog with everyone else but today 7 months on got a call from them to say i have now been passed over to an adjudicator for my claim with firstplus would like to know how long it takes from here if anybody knows.

Dazzer this is very important to many.. could I ask that you keep us updated, as we are collecting all the FIRSTPLUS FOS results.