fob said no

dinky201

FOB said the agreement was taken out before 2005 so they cant deal with our complaint.

Then we told them last payment was 5 years ago so they could deal with it. FOB still said no.


what now? do a SAR to firm and take it to small claims court? or tell FOB to get in gear?

dunstonh

FOB said the agreement was taken out before 2005 so they cant deal with our complaint.

The FOS havent actually said no. They have said they do not have the remit to deal with a pre-regulation case.

Then we told them last payment was 5 years ago so they could deal with it. FOB still said no.

A complaint about mis-sale relates to point of sale. So, the date of sale is what matters.

what now? do a SAR to firm and take it to small claims court? or tell FOB to get in gear?

A SAR wont help you. Telling the FOS to get into gear wont help as the FOS have given you the correct answer.

Going to court is high risk. The PPI issue is not a legal one. It is a regulatory one. The FOS looks at fairness as well as law and is more consumer friendly/focused than the courts. The courts will look just at law and would require you to provide the evidence to show breach of law. So, what evidence would you produce to the court and what breach of law would you be claiming? Remember that you cannot use any reasons that the regulator gives as the sale was unregulated. It has to be a legal argument and one you can prove.

dinky201

Well been lied to that you have to have something when you didn't is fraud. also in contract law you have to know everything what you are signing. we didn't know we didn't have to take PPI.
Which is all UNFAIR.

if the FOS didnt regulate them who did at the time? the police?

Sinhanada

Dinky, it is unfair, but unfortunately the FOS is correct in this. The product this relates to is before it's remit in 2005 and is over 9 years ago. You could potentially try to take this to court, but I would suspect you would unsuccessful and this would end up costing you even more money.

If you doubt the advice given on here, try contacting a solicitor who may be more able to give you expert advice than us. There are plenty that offer a free evaluation.

dinky201

what i am getting at what to do now, and what authority to go to?
Does the law protect fraudsters now? what the hell, if they did something wrong, they did something wrong and should be dealt with.
Who was regulating them then????

dinky201

AHHH also remember they said their company didn't sell finance without PPI, so their company policys would be evidence.

[Deleted User]

I'd give up on this if I were you, there is absolutely nothing more you can do.

-taff

dinky201 wrote: »

what i am getting at what to do now, and what authority to go to?

If the company you bought your loan off weren't regulated at the time of sale, the only thing you can do now is complain to the insurance provider in the hope that there's a direct relationship bewteen the seller of the insurance and the provider. This is a slim to non existent chance though, so don't get your hopes up.


who sold it to you?

There is no authority left to go to.

dunstonh

Well been lied to that you have to have something when you didn't is fraud.

And what evidence can you product to the court to back up that allegation?

also in contract law you have to know everything what you are signing. we didn't know we didn't have to take PPI.

You sign the contract to say you understand and enter into it. Again, what evidence do you have to back up your allegations?

Which is all UNFAIR.

It may well be unfair. However, you cannot complain about a breach of regulations that did not exist at the time.

if the FOS didnt regulate them who did at the time? the police?

The FOS is not a regulator. It is an independent adjudicator in complaints regarding sales of products that were regulated by the FSA (now FCA). Regulation on insurance did not begin until January 2005.

what i am getting at what to do now, and what authority to go to?

You have two options. Give up or take them to court.

Does the law protect fraudsters now?

What evidence of fraud do you have to present the court?

Who was regulating them then????

no-one

AHHH also remember they said their company didn't sell finance without PPI, so their company policys would be evidence.

In which case you have just failed in your court case and they didnt lie to you.