Reclaiming PPI from GE money/Santander. Help!?

di3004

Brilliant advice and info Zapp :T

And I agree totally, there must be a way around this, so just keep on until this is resolved, even if it does mean taking them to court, it's a lot of money to lose, well said.:T;)

marshallka

dippynina wrote: »

I actually received a letter from FSA today - I thought I would send in a complaint form to them anyway - they said they had a look at my complaint and because Santander weren't covered by them prior to January 2005 they cannot help BUT they did say and I quote -
'It is possible however, that you may be entitle to pursue a complaint against the underwriter (insurer), which provided your policy cover (although this will depend on a number of factors). i have been unable to identify underwriter at this stage; but if you could also send me any further documentation you have and in particular your policy booklet. I may be able to do so and set up your complaint against this firm'.

I have no idea who the underwriter is and don't think I have a policy booklet although I will have another look. The accounts were with BHS and River Island - does it mean them?? I am unsure where to go from here.

I was told the same from FOS in september of last year and sent them copies of my insurance documents that Firstplus had sent to me in the SAR. They then wrote to the underwriter for me and this. In Jan we had not had a final response so we passed it to the FOS and then this last few weeks I have had a call from the FOS manager who is asking the Ombudsmans advice on where my complaint actually lies and whether they can make the underwriter responsible for this. I am expecting to hear Tuesday or Wednesday about this and its been a long drawn out battle going on since April last year. I just hope this happens in that they can hold the insurers responsible for these things and we can get our complaints sorted.

di3004

marshallka wrote: »

I was told the same from FOS in september of last year and sent them copies of my insurance documents that Firstplus had sent to me in the SAR. They then wrote to the underwriter for me and this. In Jan we had not had a final response so we passed it to the FOS and then this last few weeks I have had a call from the FOS manager who is asking the Ombudsmans advice on where my complaint actually lies and whether they can make the underwriter responsible for this. I am expecting to hear Tuesday or Wednesday about this and its been a long drawn out battle going on since April last year. I just hope this happens in that they can hold the insurers responsible for these things and we can get our complaints sorted.

It have been one long battle this one hasn't it Marshallka?

I do really hope this time they do get back to you and with more of a positive response, you have worked solid on this one and you deserve to have this looked at and get your money back, it's a lot of money involved.
I am keeping everything crossed for you here and if they can do this for you, like you said before, it will give hope to many in the same situation as well.;)

Zapp_from_Planet_Zogg

Good luck Marshallka! Would be very interesting to see if the FOS decide that they can pin it to the underwriter.

I just have my doubts about the whole underwriter route. Lets say that the underwriters are for instance, Lloyds Names. There is no way that the claim would be paid out against them. At least, I suspect, not without a very costly High Court case.

It is the organisation that sold the insurance that is at fault. In my case (well, one of them), they were store cards with PPI. So, you have a choice. The retailer could be seen as an intermediary acting for GE. Or, digging depper, the retailer is an agent for the intermediary and, in turn, GE are an intermediary for the insurer/underwriter.

It all starts to get very confusing, very quickly. :wall:

Keeping things simple, I see that GE were the party that offered the insurance, arranged the insurance and collected the premium. The underwriter, in my mind, is irrelevant. Unless someone can convince me to the contrary, all roads lead back to GE.

Whichever way you look at it, in my case, GE have failed to meet the requirements to 'conduct business with utmost good faith and integrity' - whether that is as an intermediary or insurer.

marshallka

Zapp_from_Planet_Zogg wrote: »

Good luck Marshallka! Would be very interesting to see if the FOS decide that they can pin it to the underwriter.

I just have my doubts about the whole underwriter route. Lets say that the underwriters are for instance, Lloyds Names. There is no way that the claim would be paid out against them. At least, I suspect, not without a very costly High Court case.

It is the organisation that sold the insurance that is at fault. In my case (well, one of them), they were store cards with PPI. So, you have a choice. The retailer could be seen as an intermediary acting for GE. Or, digging depper, the retailer is an agent for the intermediary and, in turn, GE are an intermediary for the insurer/underwriter.

It all starts to get very confusing, very quickly. :wall:

Keeping things simple, I see that GE were the party that offered the insurance, arranged the insurance and collected the premium. The underwriter, in my mind, is irrelevant. Unless someone can convince me to the contrary, all roads lead back to GE.

Whichever way you look at it, in my case, GE have failed to meet the requirements to 'conduct business with utmost good faith and integrity' - whether that is as an intermediary or insurer.

Each would get commissions and if the broker and lender are untouchable with FOS then I would say you can say the broker acted as an agent of the underwriter and make the underwriter responsible for the actions of his agent I think. It is very complicated and also its getting the underwriter to say "yes" they were my agents or get proof from elsewhere. This was not my idea here, it was FOS that told me the complaint about the rebate lay with the underwriter. Its not misselling as I have no comeback with FOS on that one.

wildrover00

Hi

I thought I would just give you some information about G. E. Money/Santander Cards
in 1995I had a Burtons card with payment protection, after being misdirected from the FOS to the FLA , and after a series of misdirected and delaying tactics from the above which is now taken two years to get a to get to where I am today.

What is written below (Example) is the main foundation of my complaint against Santander in respect that they have breached the following act, this is good ammunition for your complaint, and I have also used the same reasoning with my complaint against Lloyds TSB for mis-sold PPIs.

But I must make you aware like every other bank or financial institution, Santander will use every dirty trick in the book to delay and wear you down.

For their reply to me on the 14th September to my letter I sent to them on the 3rd March.
Was tell me that there was no requirement upon them to make me any aware of any products available. And this was a requirement of an advised sale under the FSA ICOB regulations.

So I now have to go back to the FLA to get copy of the codes of business in order to see which codes are relevant to my complaint, and if they supersede the credit consumer act which is a statutory set of codes set up by the Secretary of State.
So please be aware that the slippery S.O.B will probably try the same trick with you.

Good luck



Example

I purchased the above policy from you in November 1995, and I was mis-sold this policy for the following reasons:

In accordance with Credit Consumer Act 1974 Part V, Section’s 55, ( part 1& 2 )
60, ( part 1& 2 ) 61, (part 1 ).

1: Section 55, ( part 1& 2 )
That I was not given any, or made aware of, (either verbally or in writing by the lender) any information that was important or considered to be important, (namely that I had the choice to take the three options below) to the credit agreement by yourselves, prior to my signing of that agreement.

Nor will I find, within the terms and conditions of the credit agreement, any wording making me aware of any, important information or any information that could be considered important to the agreement, As to informing me that I have/had the three options below to take in regards to the payment protection insurance.

And those options are.

1: Take the protection insurance offered by GE Money or the trading name that GE Money was trading under, at the time of the signing of the agreement.
.
2: Refuse the protection insurance offered by GE Money or the trading name that GE Money was trading under, at the time of the signing of the agreement.

3: To find protection insurance from another financial broker cheaper, than the one offered by GE Money or the trading name that GE Money was trading under, at the time of the signing of the agreement.

And In accordance with the Credit Consumer Act 1974 Part V, Section’s 55, ( part 1& 2)
60, (part 1& 2 ) 61, (part 1 ).

2:
I also make claim, that I was misled into accepting this payment protection insurance, and misled into making my mark, in the acceptance box, by means of deception and of the nondisclosure of the said important information (by you,) which is required in accordance with the Credit Consumer Act 1974 before signing any credit document.

My explanation and reasoning.

I attach a copy of the credit agreement for the above account, which is regulated by the Consumer Credit Act 1974.

And request that you do the following:

Show me on the attached copy, were within the terms and conditions, with specifically worded sentence’s or paragraph’s does it say " I or We on behalf, and in the name of G E Money (or the name of the company that you were trading under at that time) have brought to the attention of the customer, printed within these terms and conditions, that the customer has the choice of three options to,
1: Take the protection insurance offered by us the lender/GE Money.
2: Refuse the protection insurance offered by us the lender/GE Money.
3: To find protection insurance from another financial broker cheaper, than the one offered by us the lender/GE Money."

And also show me within the terms of conditions does it bring to my attention with specifically worded sentence’s or paragraph’s does it say " I or We on behalf, and in the name of G E Money (or the name of the company that you were trading under at that time) have requested, that the custom sign a declaration form, stating to the fact that they have been made aware of the three options, and have a specifically understood what those three options mean.

barloo69

Wow !!!!! This is excellent. Please keep this thread updated coz I for sure woould be interested in whats going on especially as I have claim also with GE Money (1st National).

a_n_t

just about to put my claim in for a Burton card that I signed up for in 2005 when I signed up for this card I had literally just signed in the two boxes that the sales advisor in the store told me to do. They filled in all the other info on my behalf. At the time they had a promotion on where if you signed up to a store card you would got 10% off your purchase. I can honestly say hand on heart that at no point was PPI mentioned in the whole process.

On the plus side I have been through this once with Nationwide on a loan I had taken out and won it and the whole process lasted less then 3 months so fingers crossed this one will be the same but judging by the comments on here I can see I am going to have a fight on my hands.

wish me luck

di3004

a_n_t wrote: »

just about to put my claim in for a Burton card that I signed up for in 2005 when I signed up for this card I had literally just signed in the two boxes that the sales advisor in the store told me to do. They filled in all the other info on my behalf. At the time they had a promotion on where if you signed up to a store card you would got 10% off your purchase. I can honestly say hand on heart that at no point was PPI mentioned in the whole process.

On the plus side I have been through this once with Nationwide on a loan I had taken out and won it and the whole process lasted less then 3 months so fingers crossed this one will be the same but judging by the comments on here I can see I am going to have a fight on my hands.

wish me luck

Wishing you luck and well done on your NW success.:beer:

jacky0302

Hi I had one of the dp cards took it out some time in 2002 I just wondered if anyone has done it with out the account number as I throw all paperwork out when I moved out of my parents house back in 2007