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PPI Reclaiming Discussion part 4

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Comments

  • woodymeg
    woodymeg Posts: 206 Forumite
    marshallka wrote: »
    If you have the paperwork and the firm is stating they do not and you want to make a complaint you can always attach "copies" of what you have and still make it and they would then have to investigate it I would think. Also if you mean about complaints going to FOS then FOS can look into complaints about INsurance sold since 14th January, 2005 and if sold before then the firm has to have been a member of the GISC (general insurance standards council) or a bank (which would fall under the rules from the old Banking Ombudsman) so each of these types of complaints can be bought to FOS going back further than 6 years if you only just became aware of having a complaint.

    Also you can always use the courts for a complaint but this works like this and also FOS works in a similar way.

    If a complaint is made against a firm from 6 years previous or longer then the firm can ask it be thrown out of court under the limitations act BUT you can argue this as follows

    You would normally have 6 years to make a complaint through the courts and this can be reduced to 3 years if you should have reasonably been aware of the complaint BUT there is a section 32 (which is like FOS can use above) whereby if you only just became aware of a problem then you can still use the courts.
    Thankyou how would i find out if they were under the GISC, the company was Associates capital corp reg no 1375237, then changed to Citifinance.
  • I managed to get paid out on my London Scottish loan but the one before 2005 the FSCS cant help with. IS there anyway I can claim that one back as well?
  • kelbobs
    kelbobs Posts: 20 Forumite
    hello - ive been waiting for 9 weeks for a proper response from northern rock. I have had 3 letters from them saying they 'are gathering all required information regarding sale of the policy' - but this seems a long time. Their last letter suggested I could contact FOS. Wot do u think?
  • hi all new to this site ie.. today !!! i took out a loan with lloyds TSB last year £7,500 ppi is £2,2299.98 !!.. i ruptured my achilles tendon last w/end and will be off work for a least 3mths , on looking at this site am i better claiming the ppi back thats if i can ??? or claiming on the policy i have rang the company and they have sent me a claim form but i am wondering what to do ? sorry if this has been gone thru before or on the wrong forum but any help apprechited,
    regards ...
  • scootermacc
    scootermacc Posts: 65 Forumite
    edited 9 November 2009 at 5:55PM
    marshallka wrote: »
    Scott, what I cannot understand is that you say you complained in writing to Lloyds in 2006 and it was 2008 they sent their final response. They should only have 8 weeks to provide a final response (although you as a consumer would not have known that) to your complaint. Why did it take them 2 years? If you have all the information for your complaint could you let the FOS have it that way if Lloyds are saying they do not have it?

    hi - thanks for reply.
    They didn't send a final response at first. then i requested all the info they held on me under the data protection act - this took several months to get to me. then I spent a lot of time deliverating what to do (this is where I have now learned it is better to act fast). then when i complained, they again did not reply with a final response. then after another letter from me they sent a final response with the referral to the FOS if i decided to take it further. Whole thing took 2 years. Maybe a year of that was down to my lack of urgency. You learn by your mistakes...

    Oh, and I did send all this info, all the letters and all the info I got under the DPA to the FOS. They already have this info.
    Named after my cat, picture coming shortly
  • tiggrae wrote: »
    this 6 year rule comes originally from the Statute of Limitations Act 1980 (ie you have 6 years to chase a 'simple debt'.) - you could commence proceedings against Lloyds in the County Court as it would be then upto a Judge whether he heard the case or not - but BE VERY CAREFUL - CONSULT A SOLICITOR - becasue the risk is that you have it struck out before it's allocated to the Small Claims Court which means you'll be liable for their costs if you lose the strike out application

    Thanks. Interested in your opinion - should I wait until Ombudsman has made final decision on this before taking legal advice?
    Named after my cat, picture coming shortly
  • di3004
    di3004 Posts: 42,579 Forumite
    just an update, recieved a full refund from egg plus 8% for my credit card PPI, wasnt a great lot £128.00 but really pleased as the balance was never very much & was paid off in a few months :beer:

    Well done and Congratulations.:T:T
    :beer:
    The one and only "Dizzy Di" :D
  • I have copies of loan agreements of my husbands. He seems unsure whether or not he took out PPI but the loan agreement doesnt show whether he had it or not. How can I find out if he paid it or not??

    thanks
    mhairi
  • marshallka
    marshallka Posts: 14,585 Forumite
    mhairib wrote: »
    I have copies of loan agreements of my husbands. He seems unsure whether or not he took out PPI but the loan agreement doesnt show whether he had it or not. How can I find out if he paid it or not??

    thanks
    mhairi
    Your loan agreement would usually show if PPI was added. It would show an amount of the loan and then an amount of PPI. What details do you have on your hubbys?
  • marshallka
    marshallka Posts: 14,585 Forumite
    woodymeg wrote: »
    Thankyou how would i find out if they were under the GISC, the company was Associates capital corp reg no 1375237, then changed to Citifinance.
    You could find this out by ringing the FOS and giving the dates and company in question and asking if they were members of the General Insurance standards Council at the date of your loan.
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