PPI Reclaiming Discussion part 4

di3004

lucieloo wrote: »

thanks di. still dont understand it.lol im a bit thick. is the fact that my brokers were members of fisa benificial for me as i am pursuing them with missold ppi?

Lol no you not lol .

I have these on some of my paperwork but I don't think it made any difference when it came to reclaiming on the PPI though, hopefully someone may explain more in detail for you in case I get you more confused on this.......:o but I know what you mean, did you get the chance to have a look at the FISA web-site? X:)

marshallka

sam_temple wrote: »

Hi
I had a company reclaiming my PPI for me and reieved correspondence from Welcome Finance last August to say they had agreed to refund my payments of approx £1400 with an additional £100 compensation. When they got my letter of acceptance back they changed their minds and said my case was a Jurisdiction one because the loan was taken out before they were covered by FOS. We are struggling like most, and used the correspondence to hold of some payments before Christmas and now we are in difficulty.
The company handling my claim are now (for other reasons) not able to further my claim legally. The FOS still have my case open and apprently they are in discussion with Welcome's insurers.

I am wondering how many other people have been affected like this?

Is it worth trying to fight this through the courts myself or leave with the FOS?

I think that at the moment FOS are "trying" to make insurers to responsibility for the firms selling the insurance but as far as i am aware they have not actually got jurisdiction as yet!!. The fact that they are accepting them is a plus and I would say that you speak to FOS about your financial difficulties in the hope they can do something sooner. I am not sure on this one though as you would not know how long this could go on. As you say about using the courts yourself then that would be entirely up to you. You have to take into account that FOS are free and the courts can cost money if you lose.

WHo was the company that you went with?

tiggrae

lucieloo wrote: »

thanks di. still dont understand it.lol im a bit thick. is the fact that my brokers were members of fisa benificial for me as i am pursuing them with missold ppi?

no - the FISA had no statutory powers, I've seen them tell a broker in their opinion a mis sold ppi should be repaid and the broker just said NO, the FISA had no power to order the repayment

tiggrae

sam_temple wrote: »

Hi

I had a company reclaiming my PPI for me and received correspondence from Welcome Finance and FOS last August to say they had agreed to refund my payments of approx £1400 with an additional £100 compensation. When they got my letter of acceptance back they changed their minds and said my case was a Jurisdiction one because the loan was taken out before they were covered by FOS. We are struggling like most, and used the correspondence to hold of some payments before Christmas and now we are in difficulty.

I had no idea Welcome were legally able to do this; after reviewing my case for such a long time and then officially agreeing in writing to my claiming company and the FOS to agree the refund.

The company handling my claim are now (for other reasons) not able to further my claim legally. The FOS still have my case open and apparently they are in discussion with Welcome's insurers but have said there is no guarantee or timescale.

I am wondering how many other people have been affected like this?

Is it worth trying to fight this through the courts myself or leave with the FOS?

I'm amazed, if they made you an offer and you accepted it then it's legally binding - this is basic Contract Law !

sam_temple

Marshallka:
'I think that at the moment FOS are "trying" to make insurers to responsibility for the firms selling the insurance but as far as i am aware they have not actually got jurisdiction as yet!!. The fact that they are accepting them is a plus and I would say that you speak to FOS about your financial difficulties in the hope they can do something sooner. I am not sure on this one though as you would not know how long this could go on. As you say about using the courts yourself then that would be entirely up to you. You have to take into account that FOS are free and the courts can cost money if you lose.

WHo was the company that you went with?'

This was [EMAIL="i-Sm@rt"]i-Sm@rt[/EMAIL] Consumer Services. We've been really let down by them and I've had to report them to the Ministry of Justice.

Tiggrae: 'I'm amazed, if they made you an offer and you accepted it then it's legally binding - this is basic Contract Law !'

This is what I thought too and when I initially found out Welcome had refused I wasn't too worried because I had a company reclaiming for me. Logic tells me this is when the company then needs to take legal action. The FOS have even said this is the only way to push them otherwise I will have to wait....

tiggrae

sam_temple wrote: »

Marshallka:
'I think that at the moment FOS are "trying" to make insurers to responsibility for the firms selling the insurance but as far as i am aware they have not actually got jurisdiction as yet!!. The fact that they are accepting them is a plus and I would say that you speak to FOS about your financial difficulties in the hope they can do something sooner. I am not sure on this one though as you would not know how long this could go on. As you say about using the courts yourself then that would be entirely up to you. You have to take into account that FOS are free and the courts can cost money if you lose.

WHo was the company that you went with?'

This was i-Sm@rt Consumer Services. We've been really let down by them and I've had to report them to the Ministry of Justice.

Tiggrae: 'I'm amazed, if they made you an offer and you accepted it then it's legally binding - this is basic Contract Law !'

This is what I thought too and when I initially found out Welcome had refused I wasn't too worried because I had a company reclaiming for me. Logic tells me this is when the company then needs to take legal action. The FOS have even said this is the only way to push them otherwise I will have to wait....

have you got a copy of the contract you have with the claims management company - this should be a simple Small Claims (if your claim is under £5000 that is) Sounds to me as if they're in breach of contract

Chickaarn

Hello

I am about to start claiming for my PPI for a Nationwide loan. I am claiming based on being pushed into it by the sales person on the phone. I am also claiming because I took the loan out in April and August 2005 but then realised in september 2006 that I would probably never be able to claim on my insurance after seeing a number of friends having their claims rejected. I read the small print and it said i could not cancel after 30 days so was too late. I then called Nationwide and asked them if I could cancel but the lady told me I wouldnt be able to because it was more than 30 days. I have this in my letter but obviously have no proof I made this call. I spoke to customer services but I am not even sure I had to give my account number (although probably did because you normally have too) as the lady answered my query immediately. As this was in the T/Cs of my loan care cover I had no reason to persue this further. Do you think i will be able to prove this is the case or will they deny the conversation?

Even If i don't win a refund should i state in my letter that I want to cancel the remaining policy regardless? Obviously I won't write it like that.... Or does it have to be in a different letter?

Has anyone else done this with Nationwide? Will they lower my payments or just pay a lump sum for cancelling the remainder?

Any help would be greatly appreciated.

di3004

Chickaarn wrote: »

Hello

I am about to start claiming for my PPI for a Nationwide loan. I am claiming based on being pushed into it by the sales person on the phone. I am also claiming because I took the loan out in April and August 2005 but then realised in september 2006 that I would probably never be able to claim on my insurance after seeing a number of friends having their claims rejected. I read the small print and it said i could not cancel after 30 days so was too late. I then called Nationwide and asked them if I could cancel but the lady told me I wouldnt be able to because it was more than 30 days. I have this in my letter but obviously have no proof I made this call. I spoke to customer services but I am not even sure I had to give my account number (although probably did because you normally have too) as the lady answered my query immediately. As this was in the T/Cs of my loan care cover I had no reason to persue this further. Do you think i will be able to prove this is the case or will they deny the conversation?

Even If i don't win a refund should i state in my letter that I want to cancel the remaining policy regardless? Obviously I won't write it like that.... Or does it have to be in a different letter?

Has anyone else done this with Nationwide? Will they lower my payments or just pay a lump sum for cancelling the remainder?

Any help would be greatly appreciated.

Hi there

You could write to request for a copy of the telephone recordings, some will supply without having a need to request for a subject access request (SAR) but otherwise it may have to be this request, if they do not supply the actual recordings, then there should be something in written transcript, this way I believe it would be a SAR request.

There is a charge of £10 cheque or postal order payment required for the SAR request and they have 40 days to comply, letter SAR template on the link here:
http://forums.moneysavingexpert.com/showthread.html?t=1475553
Hopefully though they will supply the recordings all free of charge for you.

Please keep us posted.
Good luck.;)

Chickaarn

Oh thats good so they should have a recording of every conversation I ever had with them then? thats brilliant if true because it should be easy to prove. Have they ever denied people have called if they can't provide the recording or transcript?

thanks

di3004

Chickaarn wrote: »

Oh thats good so they should have a recording of every conversation I ever had with them then? thats brilliant if true because it should be easy to prove. Have they ever denied people have called if they can't provide the recording or transcript?

thanks

Hi there

I certainly hope so, so if they cannot supply the actual disk recording everything should be recorded on written transcripts.;)
Fingers crossed for you.X