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PPI - First National Home Loans / GE Money / Pinnacle

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Hello all,

I was hoping for some advice on a claim that I am making against the above:


Background: Personal loan taken with First National Home Finance in 2003, paid off in 2006.

Recently wrote to to First National requesting details & copies of agreements under CCA.

Reply received (very quickly!) from GE Money containing everything requested stating that any questions regarding the insurance should be directed to Cardiff Pinnacle, who were the underwriters.

As GE Money have taken over First National, should I now address my correspondence to GE or continue to address First National and expect response from GE? Not sure if this makes any difference but am expecting a "We didn't sell it to you so it's not our problem" style response from GE if I begin to address my complaint to them directly.

The PPI sections of the application form and agreements were not completed or signed but this was added to the loan in a lump sum.

I sent a completed PPI questionnaire with copies of the agreements (addressed to First National again) and a supporting letter summarizing my complaint.

I received (again, very quickly) a response from GE Money quoting my current mortgage account number (not referenced in my complaint) stating that no PPI was sold, I should contact the mortgage broker & that is their final response.

Clearly they have responded on the wrong account in this instance so I have responded in kind to advise them of their error.

Given some transfer from First National to GE and the loan being underwritten by Pinnacle, my question to the forum is:

Who should I be contacting to resolve my complaint? First National (as per the loan agreement), GE (who have been responding to my letters to First National) or Cardiff Pinnacle?I will continue to update with progress but would appreciate some guidance on the above.

Thanks in advance!
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Comments

  • magpiecottage
    magpiecottage Posts: 9,241 Forumite
    Combo Breaker First Post
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    The question is who actually sold you the PPI?

    That is who you must complain to.
  • InTheDrops
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    The agreement was with First National however the original application form appears to have the header of "Direct Home Loans" in Torquay so may have gone through a broker but I don't accurately remember to be honest...
  • roonaldo
    roonaldo Posts: 3,420 Forumite
    First Post First Anniversary Combo Breaker
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    Then Direct Home Loans are the seller of the PPI.
    GE are the lender, not seller. You cant say they mis-sold you something when they werent involved in the sale.
  • magpiecottage
    magpiecottage Posts: 9,241 Forumite
    Combo Breaker First Post
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    That appears to be Assured Direct Homeloans Limited of
    8 St. Pauls Road
    Torquay
    Devon
    TQ1 3QF.
  • InTheDrops
    Options
    That appears to be Assured Direct Homeloans Limited

    Well, the address matches but the broker named on the application form is Direct Homeloans Southern; either way I'm assuming that they were an non-regulated broker at the time.

    I'm a little confused as to who would be liable due to the point in which the 'sale' that the PPI was added.

    An except from the Broker's application form with the PPI section left blank:
    i21.photobucket.com/albums/b258/IanGoodwin/photo-2.jpg

    Then the First National Agreement contained
    i21.photobucket.com/albums/b258/IanGoodwin/photo.jpg

    and then added a sum to the loan as follows
    i21.photobucket.com/albums/b258/IanGoodwin/photo-1.jpg

    At the time I assumed this was mandatory...

    Is adding the PPI to the principal in this manner in line with the poor practices people have been complaining about?

    Thanks again
  • magpiecottage
    magpiecottage Posts: 9,241 Forumite
    Combo Breaker First Post
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    The "where the customer has opted" bit shows it was optional.

    The single premium added to the loan will be upheld by FOS if it has jurisdiction.

    When was the loan taken out?
  • InTheDrops
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    It was in '03, hence the expectation that nothing will come from this due to the broker not being regulated at that time.

    What I've got fingers crossed for is that it's either so blatant that the broker gives in (wishful thinking hey?) or it's deemed that the lender added the ppi at the point of agreement.
  • InTheDrops
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    Had a quick call with the FOS today who advised:

    GE Money will not be liable
    Broker was not regulated
    Contact Pinnacle to progress as they were/are regulated so should bear some liability for the policy

    If there is no acceptance of liability get back in touch with the FOS

    I haven't seen any positive outcomes from claims against Pinnacle as the underwriters on the forum though, does anyone know of any?

    Thanks
  • magpiecottage
    magpiecottage Posts: 9,241 Forumite
    Combo Breaker First Post
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    Your complaint against the insurer is that they breached the GISC code by accepting business from an intermediary that did not subscribe to the code.

    But for the breach that sale, which you now realise was a missale because it was a single premium added to the loan, would not have occurred.
  • WombleSW20_2
    WombleSW20_2 Posts: 118 Forumite
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    Magpiecottage - can you explain why you've concluded that a GISC registered insurer would be in breach of the code if it dealt with an non-member intermediary ? I've looked through the code and can't find this anywhere? thx
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