NEMO - The battle continues

stelly

:mad: GGRRRR.


Have just had my reply from Nemo about ppi reclaim.

Suprise they've said no. Knew this was going to be a lengthy process.

Sorry for the length of this

I sent for a Subject Access Request. They sent a big pile of rubbish minus any phone conversations and copies of 2 letters concerning inconsistencies on our file (to do with them not sending us info regarding the ppi).

They said that the calls and transcripts are not covered under the sar.

I phoned the ICO who said they are.

I sent a letter asking for these as they are included and they replied the missing letters and calls are not held in a structured filing system (they still havent explained what this means) so therefore they do not have to supply them in response to a sar.

So there is now a complaint being dealt with by the ICO regarding this.

So sent off my reclaim letter and 56 days later they've said no.

Now I expected this but still do not understand some of the things they've said so I hoping someone can help.

As part of our claim we had stated on a letter from them they had said we did not have enough life insurance cover which was untrue - their response to this

Person on the phone (dont know if im allowed to put their name )explained that whilst you had enough life cover, because the policy had built in life cover for my OH, that would mean that the excess life cover you have would be passed on to me i.e any existing life cover would not be depleted. Dont know what they mean by this i have the document sent by them where it states that my OH does have some life cover but this is not sufficient to cover your nemo loan ( we have proof of us informing them of how much life cover we have - explained later)

We also put in our claim about their refusal to provide the phone conversations and the letters - Their response

Firstly we are sorry you have had to contact the ICO. I can confirm that I have been unable to trace the letters you are referring to and if you are able to provide further information then we would be willing to look into this further ( convenient that they cant find them) - I still have them do I need to provide these to them?

As previously confirmed we do not provide copies of telephone calls because they are not in our structured filing system. However as a goodwill gesture I have enclosed a copy of the telephone call regarding the Optional PPI. ( why if they can provide this can they not provide any more?)


Now throughout their response they keep going back to the fact that they stated it was optional. I have listened to the conversation 34 mins long and no where does the person say its optional. Also he keeps referring to the loan as a 2nd mortgage. Here are few choice quotes during this conversation.

7mins into conversation
Person: We sorry I have to make a recommendation that you take out insurance.
Me: I spoke to your collegue in a previous conversation (funnily enough Nemo havent sent a copy of this one) and we said no we dont want it. Maybe in the future.

8 mins
Person: Have to raise the issue again of insurance if its a repayment issue or cost issue were pretty flexible (lol). We can get around that to make it affordable.

Person: If you agree then there would be an extra £3000 available
Me: But that would mean paying back more so no just leave it .

14mins

Person: Anything that is secured on your property be it 1st morgage, 2nd mortgage it is vital that it is protected.

Big speal about benefits of policy and then -

Person: would you be happy with that policy?
Me: um
person: obviously ive got to check this with OH
Me: Would have to speak to him first.
Person: Can you pass me on to OH to finalise loan payments (it was a consolidation loan).

27 mins person now speaking to my OH.

Person: We need sorry I need to make a recommendation for insurance.

29 mins

Person: we would prefer to see this loan protected

31 mins

Person: we would like to see this policy in place.

He then insinuated that i was happy with this an so OH agreed. We didnt actually get a chance to discuss it.


So Nemo have gone on to say that because OH said yes they are refusing our claim.

Is the FOS my next step?


Sorry again for length,

Any help much appreciated.

Stelly xx

di3004

stelly wrote: »

:mad: GGRRRR.


Have just had my reply from Nemo about ppi reclaim.

Suprise they've said no. Knew this was going to be a lengthy process.

Sorry for the length of this

I sent for a Subject Access Request. They sent a big pile of rubbish minus any phone conversations and copies of 2 letters concerning inconsistencies on our file (to do with them not sending us info regarding the ppi).

They said that the calls and transcripts are not covered under the sar.

I phoned the ICO who said they are.

I sent a letter asking for these as they are included and they replied the missing letters and calls are not held in a structured filing system (they still havent explained what this means) so therefore they do not have to supply them in response to a sar.

So there is now a complaint being dealt with by the ICO regarding this.

So sent off my reclaim letter and 56 days later they've said no.

Now I expected this but still do not understand some of the things they've said so I hoping someone can help.

As part of our claim we had stated on a letter from them they had said we did not have enough life insurance cover which was untrue - their response to this

Person on the phone (dont know if im allowed to put their name )explained that whilst you had enough life cover, because the policy had built in life cover for my OH, that would mean that the excess life cover you have would be passed on to me i.e any existing life cover would not be depleted. Dont know what they mean by this i have the document sent by them where it states that my OH does have some life cover but this is not sufficient to cover your nemo loan ( we have proof of us informing them of how much life cover we have - explained later)

We also put in our claim about their refusal to provide the phone conversations and the letters - Their response

Firstly we are sorry you have had to contact the ICO. I can confirm that I have been unable to trace the letters you are referring to and if you are able to provide further information then we would be willing to look into this further ( convenient that they cant find them) - I still have them do I need to provide these to them?

As previously confirmed we do not provide copies of telephone calls because they are not in our structured filing system. However as a goodwill gesture I have enclosed a copy of the telephone call regarding the Optional PPI. ( why if they can provide this can they not provide any more?)


Now throughout their response they keep going back to the fact that they stated it was optional. I have listened to the conversation 34 mins long and no where does the person say its optional. Also he keeps referring to the loan as a 2nd mortgage. Here are few choice quotes during this conversation.

7mins into conversation
Person: We sorry I have to make a recommendation that you take out insurance.
Me: I spoke to your collegue in a previous conversation (funnily enough Nemo havent sent a copy of this one) and we said no we dont want it. Maybe in the future.

8 mins
Person: Have to raise the issue again of insurance if its a repayment issue or cost issue were pretty flexible (lol). We can get around that to make it affordable.

Person: If you agree then there would be an extra £3000 available
Me: But that would mean paying back more so no just leave it .

14mins

Person: Anything that is secured on your property be it 1st morgage, 2nd mortgage it is vital that it is protected.

Big speal about benefits of policy and then -

Person: would you be happy with that policy?
Me: um
person: obviously ive got to check this with OH
Me: Would have to speak to him first.
Person: Can you pass me on to OH to finalise loan payments (it was a consolidation loan).

27 mins person now speaking to my OH.

Person: We need sorry I need to make a recommendation for insurance.

29 mins

Person: we would prefer to see this loan protected

31 mins

Person: we would like to see this policy in place.

He then insinuated that i was happy with this an so OH agreed. We didnt actually get a chance to discuss it.


So Nemo have gone on to say that because OH said yes they are refusing our claim.

Is the FOS my next step?


Sorry again for length,

Any help much appreciated.

Stelly xx

Hi Stelly

I would now take this to the Financial ombudsman service (FOS), was this the final response from NEMO?
This was the response to your reclaim letter wasn't it?

Reading yours was like mine when we taken a loan with them and they DID provide me with the recordings on a disc, I would write to them and tell them your aware of someone you know who taken a loan out with them who was supplied with recordings.

Do not give up!

If the final decision then take to the FOS by either ringing them to arrange they send you a complaints form through the post, or go online to the FOS website, you can download and print one from there, and remember to enclose copies of correspondence with the final letter from Nemo, and anything you have to support your complaint.
http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Nemo are hard work and will play all the way, but keep strong you will get there, I'm sure the FOS will resolve this one for you.

If that was not the final response and they have not enclosed details of the FOS, then write back and tell Nemo your not happy with the decision and ask them to reconsider your complaint, give them about 14 days and if you hear nothing then move on to the FOS, or otherwise if final decision already given, take to the FOS.

Good luck Stelly you will get through this.;)

Di

stelly

Thanks Di. Your everyones reclaiming help :T and its so appreciated.

This is what is at the end of the letter -

Final Response
We complied with all legislative requirements, which afforded you several opportunities ( i dont understand what they mean by this)to consider the documentation before your agreement to the terms, confirmed by you signing them and returning them to us. As a result, I can inform you that we are unable to uphold your complaint overall.

I take this to mean it's a final no. Am i right?

They included a leaflet for the FOS.

To be honest I dont actually understand most of their reply.

Their response to all my individual reasons for reclaiming dont actually make any sense.

I dont understand how they can say the guy wasnt pushy. I said no a lot of times and then he just got my OH to agree after me stating previously that it is myself that deals with everything. And I never actually said yes.

So if they needed agreements from us both on the phone for the actual loan would this not be the same for the PPI as in effect we were agreeing to a new loan. Does this make sense?

Also about our life insurance.
On the actual documents (Your Demands and Needs Statement) for the PPI sent on 24/01/07 it says

Your current circumstances, which I have summerised below are based on the information you provided in our telephone conversation of 24/01/07

Applicant 1(my Oh)
You have some life cover but it is not sufficient to cover your Nemo loan.

Now this is the same conversation that they've sent me a copy of and you can quite clearly hear me say how much life insurance we have and the guy says thats fine. So is the guy wrong or the PPI documents?

All so confusing lol. Feel like Im just going round and round.

Is my next step to go ahead and complain to the FOS?


Thank you.

Stelly xxx ( I sound like Mickey Mouse on the phone call made me cringe listening to it lol)

di3004

stelly wrote: »

Thanks Di. Your everyones reclaiming help :T and its so appreciated.

This is what is at the end of the letter -

Final Response
We complied with all legislative requirements, which afforded you several opportunities ( i dont understand what they mean by this)to consider the documentation before your agreement to the terms, confirmed by you signing them and returning them to us. As a result, I can inform you that we are unable to uphold your complaint overall.

I take this to mean it's a final no. Am i right?

They included a leaflet for the FOS.

To be honest I dont actually understand most of their reply.

Their response to all my individual reasons for reclaiming dont actually make any sense.

I dont understand how they can say the guy wasnt pushy. I said no a lot of times and then he just got my OH to agree after me stating previously that it is myself that deals with everything. And I never actually said yes.

So if they needed agreements from us both on the phone for the actual loan would this not be the same for the PPI as in effect we were agreeing to a new loan. Does this make sense?

Also about our life insurance.
On the actual documents (Your Demands and Needs Statement) for the PPI sent on 24/01/07 it says

Your current circumstances, which I have summerised below are based on the information you provided in our telephone conversation of 24/01/07

Applicant 1(my Oh)
You have some life cover but it is not sufficient to cover your Nemo loan.

Now this is the same conversation that they've sent me a copy of and you can quite clearly hear me say how much life insurance we have and the guy says thats fine. So is the guy wrong or the PPI documents?

All so confusing lol. Feel like Im just going round and round.

Is my next step to go ahead and complain to the FOS?


Thank you.

Stelly xxx ( I sound like Mickey Mouse on the phone call made me cringe listening to it lol)

Hi Stelly
Your welcome hunni.:A

Right I know what your saying here, Nemo as I said in my above post they are difficult to deal with and again make it hard to understand in regards of the information they provide.

That is the final response and if they enclosed which they have the FOS leaflets, then its time to go that direction.

I can't believe it though - its like action replay with mine, and I'm sure you will get your money back now that the FOS will be dealing with it.

You have a good chance anyway, being sold one of these rip off policies are a complaint in itself.
Bet if this was a joint loan it only protected the one and not the other.

These policies are frowned upon, you will get through this Stelly.
I will say though it may be some time before it gets passed on to an Adjudicator, but if in financial hardship let the FOS know this on the complaints form, or even enclose a letter to enclose with the form, and ask if they are able to investigate your complaint on the "Fast tracking" system.

Let me know if you need any help with your form, not a problem and wishing you luck.;)

Di
x

stelly

Thank you again Di. :T

Honestly dont know how i would have dealt with Nemo so far without your help.

I'll pm you if thats ok about the FOS as I dont like posting personal info

di3004

stelly wrote: »

Thank you again Di. :T

Honestly dont know how i would have dealt with Nemo so far without your help.

I'll pm you if thats ok about the FOS as I dont like posting personal info

With pleasure hunni and please do.:A;)

di3004

Read my story from 2006 in regards of Nemo.;)

http://www.thisismoney.co.uk/credit-and-loans/ppi-mis-selling/article.html?in_article_id=413869&in_page_id=506

stelly

di3004 wrote: »

Read my story from 2006 in regards of Nemo.;)

http://www.thisismoney.co.uk/credit-and-loans/ppi-mis-selling/article.html?in_article_id=413869&in_page_id=506

:eek::eek::eek: OMG Nemo must have been rubbing their hands .

Just goes to show how long they've been getting away with this.

The worst is you end up feeling the fool for listening to their rubbish.

Im just glad that no-one else will get into this situation with regards to single premium ppi. Its such a rip off and i bet most people dont even claim - or in my situation I couldnt have any way as only OH was covered.


Makes me so :mad:


Stelly xxx

di3004

stelly wrote: »

:eek::eek::eek: OMG Nemo must have been rubbing their hands .

Just goes to show how long they've been getting away with this.

The worst is you end up feeling the fool for listening to their rubbish.

Im just glad that no-one else will get into this situation with regards to single premium ppi. Its such a rip off and i bet most people dont even claim - or in my situation I couldnt have any way as only OH was covered.


Makes me so :mad:


Stelly xxx

Me too Stelly........:mad: and they are still doing it now.....:eek:.

Well for this we received just under £13k back.

A battle but got there, even if it was through the FOS in the end, you will too.:beer:

Di
Xxx

stelly

Ive been manically going through any documents letters etc and found this sent 4 months after we got the loan

Its one of the letters above that they wont/cant send copies of concerning inconsistencies and it says -

Whilst arranging your loan, you received a letter from us requesting the return of the Credit Agreement, Demands and Needs Statement and Direct Debit Mandate.

Unfortunately, due to an administrative error, an obselete version of that letter was sent and I now enclose the correct letter that you should have received at that time.

The original letter did not specifically state that we enclosed a Policy Summary (thats cos we didnt actually get one) and whilst we have no reason to believe that you did not receive these documents, I now enclose copies for your perusal.


I replied to this letter stating that we didnt receive one and that we were unsure of what they meant regarding the PPI as obviously at the time we thought we had to have the PPI.

I never had a reply and just assumed that was it dealt with ( How niave I was).

There isnt copies of either of these in the SAR and I dont have a copy of my letter.

Do I need a copy of my reply to this letter for me to include it as evidence?


Stelly xxx

di3004

stelly wrote: »

Ive been manically going through any documents letters etc and found this sent 4 months after we got the loan

Its one of the letters above that they wont/cant send copies of concerning inconsistencies and it says -

Whilst arranging your loan, you received a letter from us requesting the return of the Credit Agreement, Demands and Needs Statement and Direct Debit Mandate.

Unfortunately, due to an administrative error, an obselete version of that letter was sent and I now enclose the correct letter that you should have received at that time.

The original letter did not specifically state that we enclosed a Policy Summary (thats cos we didnt actually get one) and whilst we have no reason to believe that you did not receive these documents, I now enclose copies for your perusal.


I replied to this letter stating that we didnt receive one and that we were unsure of what they meant regarding the PPI as obviously at the time we thought we had to have the PPI.

I never had a reply and just assumed that was it dealt with ( How niave I was).

There isnt copies of either of these in the SAR and I dont have a copy of my letter.

Do I need a copy of my reply to this letter for me to include it as evidence?


Stelly xxx

Hi Stelly

Only supply what you have in copies if you can, that will be fine, so not to worry.;)

Anything you do have in evidence will be a help, but I'm sure not all will be needed, as you do have a strong case anyway.:beer:;)

Di
Xxx