Help needed with a reponse to Welcome

iwantoneplease

I've been trying to claim back my PPI like everyone else, last week I received the following letter, could someone advise me please:



You entered into a Hire Purchase Agreement on 17/09/2003 and settled the agreement on 16/09/2004, at which time you purchased payment protection insurance (PPI). Inview of the length of time that has elapsed since you entered into this agreement, we no longer hold a copy of the signed personal loan agreement form. However, I can find nothing in our records to indicate that we did not exectute the agreement correctly and in accordance with your wishes.

In addition Direct Group Lts, who administers the insurances, would have sent you a policy schedule and wording. At this point you did have 30 days in which to cancel the PPI, which should have given you the opportunity to read through the policy information you were provided, which covered any cancellation rights and exclusions.

You have alleged mis-selling may have occurred. This would involve the sale of a policy that was not relevant to the person insured or on which they were unable to claim. Our records show that you have paid for and enjoyed the benefits of the purchased insurance for the term of its respective existance.

I would like to take this opportunity to point out that your loan agreement pre-dates the regulation of our business by the Financial Services Authority, and therefore the princicples you seek to rely on are not applicable.

I would also like to refer you to section 5 of the statute limitation act 1980. I do not believe that you would be able to refer your complaint to the courts to begin legal proceedings in view of the length of time that has expired since your PPI was cancelled.

In light of evidence available to me. I do not believe that the mis-selling of insurance took place. However, if you have any evidence on which you seek to rely, please forward this to me.

bla bla bla bla bla

di3004

iwantoneplease wrote: »

I've been trying to claim back my PPI like everyone else, last week I received the following letter, could someone advise me please:



You entered into a Hire Purchase Agreement on 17/09/2003 and settled the agreement on 16/09/2004, at which time you purchased payment protection insurance (PPI). Inview of the length of time that has elapsed since you entered into this agreement, we no longer hold a copy of the signed personal loan agreement form. However, I can find nothing in our records to indicate that we did not exectute the agreement correctly and in accordance with your wishes.

In addition Direct Group Lts, who administers the insurances, would have sent you a policy schedule and wording. At this point you did have 30 days in which to cancel the PPI, which should have given you the opportunity to read through the policy information you were provided, which covered any cancellation rights and exclusions.

You have alleged mis-selling may have occurred. This would involve the sale of a policy that was not relevant to the person insured or on which they were unable to claim. Our records show that you have paid for and enjoyed the benefits of the purchased insurance for the term of its respective existance.

I would like to take this opportunity to point out that your loan agreement pre-dates the regulation of our business by the Financial Services Authority, and therefore the princicples you seek to rely on are not applicable.

I would also like to refer you to section 5 of the statute limitation act 1980. I do not believe that you would be able to refer your complaint to the courts to begin legal proceedings in view of the length of time that has expired since your PPI was cancelled.

In light of evidence available to me. I do not believe that the mis-selling of insurance took place. However, if you have any evidence on which you seek to rely, please forward this to me.

bla bla bla bla bla

Hi there

Do not give up.
They have send you basically a standard fob off response, and stating that your unable to take this anywhere else as they were not governed as such by the FSA/GISC when you taken this out, where if these were protected by these organisations, you are able to ask the Financial ombudsman service (FOS) to investigate.

How do they know if you enjoyed the benefits?
I take it you've not made a successful claim, for example, sickness/unemployment?

I would keep at them, and ask the FOS where you would stand on this case.
They may suggest to take this to their insurers/underwriters, give them a ring and let us know what they say, good luck.
http://www.financial-ombudsman.org.uk/contact/index.html

iwantoneplease

Not enjoyed anything from them at all and it makes me really mad for someone to say I did...

I've already lodged a big complaint with the FOS but with the backlog I wanted to write back to Welcome just to say I'm not giving up.

amersall

iwantoneplease wrote: »

Not enjoyed anything from them at all and it makes me really mad for someone to say I did...

I've already lodged a big complaint with the FOS but with the backlog I wanted to write back to Welcome just to say I'm not giving up.

hi there, you go for it you have nothing to lose. they just fob people off. keep us posted

iwantoneplease

Any ideas on a response I can't think of anything suitable !

iwantoneplease

Can anyone confirm that Welcome Finance are covered by the FOS from 23/02/2003, which makes what he told me above a load of Bull!!!!!!

di3004

iwantoneplease wrote: »

Can anyone confirm that Welcome Finance are covered by the FOS from 23/02/2003, which makes what he told me above a load of Bull!!!!!!

You can ask the FOS to write to them on your behalf if you want to, ring them first, and they will probably listen more to the FOS anyway.

I think but not certain that Welcome Finance were covered by GISC then, before the FSA taken over in Jan 2005, again the FOS will confirm this to you.;)
http://www.financial-ombudsman.org.uk/contact/index.html

iwantoneplease

What do you think to this response, have I got my facts right?

Could someone have a look at my letter please:

I am writing in response to your letter dated 12th October 2009, with regards the insurance sold with my HP Agreement. Your reference is ********

I do not feel your letter has offered a satisfactory justification that my policy was sold fairly, reasonably and within my best interests so I request that you look into my complaint again.

With reference to your letter “I would like to take this opportunity to point out that your loan agreement pre-dates the regulation of our business by the Financial Services Authority, and therefore the principles you seek to rely on are not applicable. I would like to take this opportunity to point out that your loan agreement pre-dates the regulation of our business by the Financial Services Authority, and therefore the principles you seek to rely on are not applicable” In response to this to could I remind you that Welcome Finance were covered by the FOS from 23/02/2003 and my HP agreement was taken out in 17/09/03 and I lodged my first complaint regarding PPI 11/05/2006 as my account notes will verify.

I would also like to draw to your attention your remark in my letter “Our records show that you have paid for and enjoyed the benefits of the purchased insurance for the term of its respective existence” Could you please explain to me how I have `enjoyed’ the benefits of PPI insurance I find this comment very patronizing at the least.

Could I also bring to your attention that I have all my documents from all my accounts via my SAR nowhere in these documents for account number ******** are a statement of Needs and Demands which is a legal requirement for loan agreements. I have no knowledge of filling this in and I clearly remember being told where to sign and that if I didn’t take these insurances I wouldn’t get the car.

Due to this I would also like to mention the Limitation Act 1980 section 32 - Postponement of limitation period in case of fraud, concealment or mistake, I do believe that the salesman `Chris' led me to believe that if I did not take these insurances then I wouldn’t get finance and clearly concealed the fact that these insurances were optional.

I have filed a complaint with the FOS my reference number *********** and I will be sending copies of your last letter and this response to be added to my complaint.


Yours faithfully,

tiggrnads

According to my findings, Welcome Finance were covered by FOS from November 2nd 2004 and so I am in a similar "boat". I am not sure when they became members of GISC.

I have claims for November 2000 and April 2004 but am not getting anywhere, including with FOS.

Any suggestions/advice very much welcomed

di3004

iwantoneplease wrote: »

What do you think to this response, have I got my facts right?

Could someone have a look at my letter please:

I am writing in response to your letter dated 12th October 2009, with regards the insurance sold with my HP Agreement.Yourreference is ********

I do not feel your letter has offered a satisfactory justification that my policy was sold fairly, reasonably and within my best interests so I request that you look into my complaint again.

With reference to your letter “I would like to take this opportunity to point out that your loan agreement pre-dates the regulation of our business by the Financial Services Authority, and therefore the principles you seek to rely on are not applicable. I would like to take this opportunity to point out that your loan agreement pre-dates the regulation of our business by the Financial Services Authority, and therefore the principles you seek to rely on are not applicable” In response to this to could I remind you that Welcome Finance were covered by the FOS from 23/02/2003 and my HP agreement was taken out in 17/09/03 and I lodged my first complaint regarding PPI 11/05/2006 as my account notes will verify.

I would also like to draw to your attention your remark in my letter “Our records show that you have paid for and enjoyed the benefits of the purchased insurance for the term of its respective existence” Could you please explain to me how I have `enjoyed’ the benefits of PPI insurance I find this comment very patronizing at the least.

Could I also bring to your attention that I have all my documents from all my accounts via my SAR nowhere in these documents for account number ******** are a statement of Needs and Demands which is a legal requirement for loan agreements. I have no knowledge of filling this in and I clearly remember being told where to sign and that if I didn’t take these insurances I wouldn’t get the car.

Due to this I would also like to mention the Limitation Act 1980 section 32 - Postponement of limitation period in case of fraud, concealment or mistake, I do believe that the salesman `Chris' led me to believe that if I did not take these insurances then I wouldn’t get finance and clearly concealed the fact that these insurances were optional.

I have filed a complaint with the FOS my reference number *********** and I will be sending copies of your last letter and this response to be added to my complaint.


Yours faithfully,

This is great, :T:T, good luck, let us know how you get on, I would as well due to postal disputes suggest you post by recorded delivery.;)

di3004

tiggrnads wrote: »

According to my findings, Welcome Finance were covered by FOS from November 2nd 2004 and so I am in a similar "boat". I am not sure when they became members of GISC.

I have claims for November 2000 and April 2004 but am not getting anywhere, including with FOS.

Any suggestions/advice very much welcomed

Hi there

I thought they were governed before that to be honest, but I may be getting confused with another company.

Personally I would get back to the FOS, because it seems they are also re-submitted cases that they could not look at before due to these business not being governed, this is what have been posted on the threads here somewhere, and I have also resubmitted one of mine, where I am hoping they will deal with the underwriters.

Give them a call and ask if your able to send in your paperwork so they can check on your behalf where you can take this one.
http://www.financial-ombudsman.org.uk/contact/index.html

Wishing you luck, please let us know how you get on, cheers.;)