Freedom Finance Help please

Niggly_2

Took out FP loan April 2002 apparently through FF. I then refinanced through FP directly November 2005. Whilst FP have upheld my claim on the refinanced loan they are unwilling to comment on the 2003 loan.

The point here is that FF are now defunked under the guise of Wilmslow. The FSCS will only help directly on Post Jan 2005 loans and the FOS will only point me to the FSCS.

I think the underwriter was Barcays dublin. Am I correct in my assumption that I should complain to the under writer using the letter and FOS querre I sent to FP. Or have I got to be seen to be rejected by the FOS/FSCS first.

One other point FF seem to be offering loans still on the internet. I am assuming they went bust and re invented themselves.

Thanks N:beer:

src007

Barclays insurance Dublin won't be the underwriter. The underwriter could be Lloyds of London, Julbilee or Cassidy Davis (they might all be the same organisation, I can't remember!).

The best thing to do is to call FirstPlus quoting your loan number and ask them (they're usually quite helpful on the phone).

You don't need to contact the FSCS because there's no way the complaint can be made against Freedom Finance (as the policy was sold before Jan 05).

Once you know the underwriter you can send the complaint to them. They'll write back saying:

- we're not responsible you need to address the complaint to the broker. -

After 8 weeks you can then send it to the FOS for an indefinite wait (in all likelihood years).

I saw a letter where one underwriter indicated they were going to Judical Review the FOS for this type of complaint once the FOS have run some test cases. If that happens the wait will be even longer with no certainty of a positive outcome.

Don't let me put you off though because all FirstPlus PPI is basically a scam!

magpiecottage

Complaints against the underwriter relating to the selling of the policy are difficult to make stick because they are only the provider and any responsibility for its suitability rests with the seller.

Under the old GISC code (which applied before 14 January 2005) an insurer who subscribed to the code could only accept business from an intermediary who also subscribed.

If the insurer did not subscribe to the code then FOS cannot intervene (and I suspect a could would not). If the intermediary did subscribe then the insurer has also done nothing wrong in accepting the business. Only if the insurer subscribed to the code and the intermediary did not would there be grounds for complaint. This would be based on the premise that if the insurer had complied with the code and refused business from the non-subscribing intermediary no missale would have occurred. It is a somewhat tenuous link but I think a case upheld by FOS on those grounds might survive a JR.