Carrington Carr Broker Fee and income protection Miss Sold - Reclaim Help

dunstonh

cavman255 wrote: »

Hi,
In August 2003 my wife and I remortgaged through Carrington Carr and they sold us a single premium PPI costing £6102 which was added onto our new mortgage. We were advised that this was 'compulsory' to us having the mortgage and they went to the trouble of cancelling our existing policy with Abbey National. The policy ended 21st August 2009. I lost my job in July 2009 and we tried to claim, only to be told that they don't pay for the first month so we only had 3 days of policy left that they would pay out for! Useless! Of course, as I had just lost my job, they wouldn't let us renew the policy either. It was at that point we looked into things and realised we may have been mis-sold the policy.

We tried to claim using Martins letter templates on the basis of being advised the PPI was compulsory, only to be told that it was statue barred as more than 6 years had passed since we took out the policy. We weren't sure how to argue with that, so I put in a complaint with the Ombudsman, only to be told that CC weren't regulated by them at that time.

It's recently become clear that the single premium policy was also a mis-sell, but I'm not really sure how to take this forward any further. I was hoping to write to Legal & General, but of course, they only became representatives of CC in 2004, so no hope there!

We would be really grateful if anyone has any suggestions?

Thanks

Yes. Everything you say indicates it was a mis-sale. You are a text book case of where single premium PPI fails. If it was set up correctly as monthly premium then you would have got 12-24 months of cover paid out (or if you went back to work earlier).

However, the problem is that you did it pre-regulation and they dont have to look at your complaint and there is no official body or regulator that you can refer your case to as it occurred pre-regulation. It is the end of the road.

All you can do is make sure everyone you know is aware of what this company did to you and make sure they dont use them.

cavman255

Just a query - if CC were not regulated at the time we took out our policy, why would they not mention that when we tried to claim? Why use the flimsy 'statute barred' excuse when the fact they were not regulated completely clears them of any responsibility anyway?

magpiecottage

cavman255 wrote: »

Just a query - if CC were not regulated at the time we took out our policy, why would they not mention that when we tried to claim? Why use the flimsy 'statute barred' excuse when the fact they were not regulated completely clears them of any responsibility anyway?

Because they do not deal with them.

In theory, you might have a case of misrepresentation against them - if you can prove that they told you the policy was compulsory when it was not - or that it covered you for the life of the mortgage but it did not. That would need documentary evidence, though and, because FOS does not have jurisdiction, you would, if push came to shove, need to go to court.

They are not correct about the timebar. Section 14A of the Limitation Act, which they are relying on says you have six years from the date of the original act about which you are complaining or, if later, three years from when you first became aware, or ought to have become aware, that you had grounds for complaint.

However, unlike FOS which would only require you to make a complaint to the firm by then, a court actually needs you to have commenced proceedings within that time. So you only have about three months to gather your evidence and get it to the court if that is what you want to do.

cavman255

Thanks for all your help. I've contacted a solicitor to see if there's anything they feel we can take forward. I'll keep you posted of the outcome...

dunstonh

cavman255 wrote: »

Thanks for all your help. I've contacted a solicitor to see if there's anything they feel we can take forward. I'll keep you posted of the outcome...

I would expect a solicitor to put you off. The PPI issue is an FSA thing. Not a legal one. Indeed, the lenders that have gone to court on cases taken by consumers have been winning. By all means, seek legal advice but its an option to tread carefully with as it could be far more costly than it is worth.

Chicorycoffee

Hi everyone,

I am approaching the end of my fixed term mortgage and payment protection so rang CC to get an appointment. I received no call back so rang them again today to follow up and found out they have gone into administration. 3 questions I hope someone can help with :

1) I wasnt aware of the PPI issue until I read it here so wondered if they go into admin is it worth pursuing ?
2) I liked the idea of their service and thought they were generally pretty good (except they always tried to roll more products into the mortgage - most of which I declined) so wondered where else I could go for this ?
3) Given I paid an up front fee for this service 7 or so years ago when I did my first dewal with them, can I get anything back from the administrators ?

My most urgent question is regarding Q2 so would appreciate your help !!

Thankyou

dunstonh

1) I wasnt aware of the PPI issue until I read it here so wondered if they go into admin is it worth pursuing ?

MPPI has much less of an issue than PPI. CC being in adminstration makes no difference to you if you feel you have a complaint or not. However, why would you want to do business with a firm that you are going to complain about?

2) I liked the idea of their service and thought they were generally pretty good (except they always tried to roll more products into the mortgage - most of which I declined) so wondered where else I could go for this ?

Any local IFA or independent mortgage adviser. Which is where you should have been going in the first place as it is cheaper and has a larger selection available.

3) Given I paid an up front fee for this service 7 or so years ago when I did my first dewal with them, can I get anything back from the administrators ?

Unlikely. A firm goes into administration as it is no longer able to service it's debts. Assuming they dont have a clause covering the business closing (which would you expect) then you would become a creditor hoping to get 10p in the £1 if you are lucky.

magpiecottage

dunstonh wrote: »

A firm goes into administration as it is no longer able to service it's debts. Assuming they dont have a clause covering the business closing (which would you expect) then you would become a creditor hoping to get 10p in the £1 if you are lucky.

Except that by 7 years ago Carrington Carr was an Appointed Representative of Legal & General (with effect from 2 November 2004). So if the policy was sold on or after that date Legal & General must answer the complaint.

dunstonh

magpiecottage wrote: »

Except that by 7 years ago Carrington Carr was an Appointed Representative of Legal & General (with effect from 2 November 2004). So if the policy was sold on or after that date Legal & General must answer the complaint.

It just hit me how long ago 2004 was. When I saw 7 years ago, it didnt click. lol!

oliviasmummy

Please could someone help me. I've received a letter this week from Martin Kaye solicitors saying that they have found that the single premium PPI we were sold by AWD IN 2007 may have been mis-sold this was for £7537 added to our mortgage we have never claimed and were told we had to have this even though both of us would get full sick pay for 6 months and half pay for a further 6 months what do I need to do to claim this myself rather than going through a solicitor ?? aLso is it legal and general I write too don't have a clue where to start many thanks