Me vs carcraft PPI claim

Caznand

Hi I wonder if anyone can give me some advice, after sending a letter to carcraft about mis-sold PPI I have recieved a letter from them today stating that we were sold the insurance on a 'non-advised' basis so could have made an informed decision before agreeing to the insurance. However my agreement shows a pre-ticked box that we were told we HAD to take out insurance to validate our finacnce agreement. They also state that as the transaction took place in may 2004 we have no claim. They state :
a) 'the limitation period of 6 years has now expired'
b) 'rules set down by the financial services authority and the jurisdiction of the F.O.S only came into effect relating to transactions that took place on or after 14th January 2005'.

Is this true? Is it worth taking my claim any further? or am I too late?? please can someone give me some advice???:(

magpiecottage

The most likely complaint to succeed against Carcraft is that it was a single premium added to the loan.

In fact, if Carcraft subscribed to the GISC code of practice, FOS WILL accept jurisdiction and I suggest you complete and send this form.

If not, then find out who the insurer was and if they subscribed to the GISC Code (I believe it was AXA who did). If so, then you can complain to the insurer that it breached the Code by accepting business from a non-subscribing intermediary and you now look to them to redress what now turns out to be a missale.

Try to take Carcraft to FOS first, though.

Caznand

Thank u very much i will fill in the form and send it off asap. Thanks again for your advice. wish me luck!

bankhater_1965

they are telling you aload of bull , dont go down the road of the fos , it takes a while through them , head straight for the county court , you meen business and they will then have to act properly and if they dont reply you will win buy default , and theres no way on earth they will pay for a very expensive defence regards to a ppi claim , there tactics are that you will give up and get bored , fill a claim form on moneyclaim online , you will gewt your court fee back aswell as the section 69 interest of 8%

dunstonh

head straight for the county court ,

Companies have been winning in the courts. Even Black Horse who get a near 99% overturn rate at the FOS have won in court. Remember that the PPI issue is not a legal one but an FSA one.

and theres no way on earth they will pay for a very expensive defence regards to a ppi claim

Yet lenders have done just that.

magpiecottage

bankhater_1965 wrote: »

they are telling you aload of bull

Rude and untrue

dont go down the road of the fos , it takes a while through them

but are free and will almost certainly find in your favour.

head straight for the county court , you meen business

Which is why you must pay the court fee up front and will only get it back if you win.

they will then have to act properly

By putting in a proper defence and exercising their right, as the respondent to request the case is heard in a court local to them - in Rochdale.

if they dont reply you will win buy default , and theres no way on earth they will pay for a very expensive defence regards to a ppi claim

They don't need one - they simply have to say that you have submitted no evidence that they did anything unlawful.

you will gewt your court fee back aswell as the section 69 interest of 8%

Not if you lose, you won't - and generally consumers DO lose in court because the vast majority of cases upheld by FOS are on a the basis of what it considers to be "fair and reasonable" whereas a court will look at the strict letter of the law. And in 2004 there WAS no specific law about the sale of PPI.

I am afraid this poster's name alone should alert you to the fact that they are not really being rational. I think you would be wise to ignore their rant.

That or they are actually posting on behalf of Carcraft and trying to mislead you.

bankhater_1965

magpiecottage wrote: »

Rude and untrue

but are free and will almost certainly find in your favour.

Which is why you must pay the court fee up front and will only get it back if you win.

By putting in a proper defence and exercising their right, as the respondent to request the case is heard in a court local to them - in Rochdale.

They don't need one - they simply have to say that you have submitted no evidence that they did anything unlawful.

Not if you lose, you won't - and generally consumers DO lose in court because the vast majority of cases upheld by FOS are on a the basis of what it considers to be "fair and reasonable" whereas a court will look at the strict letter of the law. And in 2004 there WAS no specific law about the sale of PPI.

I am afraid this poster's name alone should alert you to the fact that they are not really being rational. I think you would be wise to ignore their rant.

That or they are actually posting on behalf of Carcraft and trying to mislead you.

oki doki , thats fine , i will keep to mine tryed and tested , best of luck
my comments refer to credit card charges that can be challenged for unfairness as these are not affected by the test case, anything above a £12 charge they will pay out as they cannot justify anything above and will not do so , theres nothing rational about it , goingn to the county court without dout will cost them alot of money to defend and the £12 charges they will not, i havent lost any out of 4 claims so far , by the way the local court location will be decided by the individual not a organisation regardless of who is the claiment or defendant !!!!!!

dunstonh

my comments refer to credit card charges

This section is about insurance. Totally different.

goingn to the county court without dout will cost them alot of money to defend

For credit card charges yes. For PPI, no.

bankhater_1965

well just oferring my experiances and my success and how i went about things , as the name says bankhater i have venom with them , and wish anyone luck buy claiming against them , i hope you win you have my support totally

dunstonh

bankhater_1965 wrote: »

well just oferring my experiances and my success and how i went about things , as the name says bankhater i have venom with them , and wish anyone luck buy claiming against them , i hope you win you have my support totally

The seller was not a bank.

bankhater_1965

well i reckon we are all on the same side regards to this post