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Can we still claim??- Bespoke Finance???

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  • marshallka
    marshallka Posts: 14,585 Forumite
    edited 19 February 2015 at 11:40AM
    jillie1974 wrote: »
    just an update....
    our complaint against GE Money hasnt even been given an adjudicator as yet. but they have advised that it can take a while.

    freedom finance have again insisted that although they 'arranged the loan on our behalf' they actually did this in behalf of 'Bespoke Finance'. said that they had already sent our complaint to Bespoke Finance, of course, we have never even had an acknowledgement of this complaint from them. so asked for a tel number for them which they gave me. they also gave me the email address which, surprise surprise was slightly different to the one they originally gave us.

    so have rang this [TEXT DELETED BY FORUM TEAM]who has had a look and said he has no record of our complaint at all!!! he is going to look further for it and get back to me.
    i;m fuming!!! he said it might have got lost in post. which shows prob as well that Freedom once they pass the complaint dont care whether or not [TEXT DELETED BY FORUM TEAM] actually does anything with the complaint!!! freedom finance sent our complaint originally by email so why hasnt he done anything with it?????????????
    (i have his number if anyone wants it)

    Does this mean that FOS have not accepted it against Freedom as last time you said FOS had??

    Just keep on at them jillie1974. Its annoying with places like GIB and recorded delivery as even paying recorded delivery it only means its recorded until it leaves the UK. Meaning it can be dropped in the sea and no comeback. GOod luck and let us know how you get on.
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    jillie1974 wrote: »
    my claim is for a refund of the PPI when we repaid the loan in full rather tham mis-selling of the policy. although however wrong they were sell that type of policy.

    we are due to here again around the end of september. FOS have sent the claim for a refund to GE Money as it is on their paperwork about the insurance and not a seperate form.
    Hi jillie I see your complaint is for not for mis selling but an unfair rebate on early redemption - if that's the case you shouldn't have been complaining to bespoke, freedom or GE - for an unfair rebate is written into the insurance contract and it is the insurer who you should have made the complaint against on the grounds of an unfair contract term - the FOS have only just started to recognise this - do you still have your policy documentation? can you see who the insurer / underwriter is?
  • jillie1974
    jillie1974 Posts: 6,997 Forumite
    we never had an insurance contract. it was added into the loan paperwork.

    FOS - rep i spoke to this am said we need to go to Bespoke but i;m not convinced. going to see what they say next.
    'Children are not things to be moulded, but are people to be unfolded'
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    jillie1974 wrote: »
    we never had an insurance contract. it was added into the loan paperwork.

    FOS - rep i spoke to this am said we need to go to Bespoke but i;m not convinced. going to see what they say next.
    it's definately NOT bespoke all they did was sell the policy - you need to get a copy of of the policy to find out who the underwriters were, then complain to them about an unfair contract term - we've had loads of success about unfair rebates and the underwriters tend to pay up quicker!!!

    A lot of the time the FOS don't even read the complaint properly, and fail to differentiate between an unfair contract term and mis selling, speak to the FOS again and ask them whether they are persuing your complaint for mis selling or an unfair contract term - I think they think its mis selling !!!!
  • jillie1974
    jillie1974 Posts: 6,997 Forumite
    thanks.
    will try that next
    'Children are not things to be moulded, but are people to be unfolded'
  • marshallka
    marshallka Posts: 14,585 Forumite
    edited 16 February 2010 at 2:09PM
    jillie1974 wrote: »
    we never had an insurance contract. it was added into the loan paperwork.

    FOS - rep i spoke to this am said we need to go to Bespoke but i;m not convinced. going to see what they say next.
    Hi Jillie, for the rebate of the insurance you need to contact the insurers/underwriters. I have a feeling it may have been Cassidy Davis (Now Jubilee!!) and you make your complaint to them. They paid out with me although it did go to FOS and it took some time but if its only the rebate you are going for and not misselling then its definately them. You can find out if you ask GE for a copy of the insurance policy and terms and conditions.

    If however, you want to try to make the insurer responsible for the selling of the policy then I would ask FOS about this (as they are accepting complaints like this) and this would certainly be your better option should they say they would take the complaint on. With FOS though, you can only go for the missale against the insurer IF you do not put in a rebate complaint to them as well. It would be one or the other. I know as yet they do not have jurisdiction as such but this is being worked on.
  • jillie1974
    jillie1974 Posts: 6,997 Forumite
    its all very complicated...
    at the moment its against GE Money as they were the ones who told us we couldnt have a refund on the insurance.
    but we'll see where it ends up.
    FOS have the insurance info so may need to wait for them to see what steps.

    does the 6year limit apply to these?
    'Children are not things to be moulded, but are people to be unfolded'
  • marshallka
    marshallka Posts: 14,585 Forumite
    jillie1974 wrote: »
    its all very complicated...
    at the moment its against GE Money as they were the ones who told us we couldnt have a refund on the insurance.
    but we'll see where it ends up.
    FOS have the insurance info so may need to wait for them to see what steps.

    does the 6year limit apply to these?
    I would think that FOS will take that into consideration as you are only trying to make the same complaint.
  • sugarsian
    sugarsian Posts: 5 Forumite
    edited 19 February 2015 at 11:42AM
    Hi All
    I've just signed up after finding your posts on a google search about Bespoke. We're complaining about a loan which dates back to 2002. It was organised by Freedom Finance with IGROUP who were then bought out by GE Money. I've complained to GE Money about the ERC because I believe the original documentation was fiddled - there were several illustrations presented and the one used was for the highest interest rates and seems to have a forged signature. We have complained to Freedom Frinance about the mis-sold PPI and been referred to Bespoke. We've had two letters back from [TEXT DELETED BY FORUM TEAM]. He says "at the time of your application Freedom Finance acting a processor on behalf of Bespoke Finance (formerly named Karacus) issued a FISA booklet and PPI policy booklets . . . They calim the PPI was "sold on an unadvised basis prior to I Day (?) therefore the complaint does not lie within the jurisdiction of the FOS". I have also found an [TEXT DELETED BY FORUM TEAM] in Gibraltar at STMFIDECS. He's the Consumer Finance Director and the telephone number there is the same as the letter head of Bespoke!!! I think the companies in Gibraltar are a way of uk companies like Freedom Finance avoiding VAT and other responsibilities like consumer protection and complaints. We're going to the Police about it, reporting it to the FSA (Freedom Finance are still connected to Bespoke) and the OFT and writing to as many financial journalists as possible. I'll keep you posted. Best of luck to all.
  • jillie1974
    jillie1974 Posts: 6,997 Forumite
    finally got our response from FOS regarding the refund and they have said that as we would have received a booklet when the loan was processed and in the booklet it says you can have a refund when you pay the loan off we our complaint has not been upheld. if we disagree with this we can go to the ombudsman.

    am gutted...


    they still have our complaint regarding the mis-selling so that may still come back in our favour. but i'm doubtful.
    'Children are not things to be moulded, but are people to be unfolded'
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