problem with ismart ppi claim

omega1prime

Hi, I need some advice,


I will keep it brief


my husband took out an £8000 car loan which was in just his name but paid into our joint bank account, we had ppi on the loan which was never agreed to


after the loan was paid I tried to get back the PPI on the loan using ismart


Ismart phoned me to say they had reclaimed the PPI back totalling £2500 and that it was paid into an account, the account they said they paid it into was the not the account the loan was paid into,


worth noting that nothing was sent to me in the post

and I did not recognise the account number they stated, I told them this and they informed me that I had to take it up with the bank!


I did contact my bank and had a chat with a nice lady who actually called the ppi people at head office who confirmed that no claim for ppi repayment was attempted in my name
she also said that ismart would not have been able to make any claim on my behalf as the loan was not in my name

anyway over the last few years I have received letters from Ismart and Fortius Legal about fees they claim I owe them for work done, but I have not received any money from the ppi claim


I even received an application to make me bankrupt which I asked the court to put aside the action as I received no money from them


since them I heard nothing. now over a year later I got a letter from Wilson rose for the same debt with £300 added to the total again threatening to make me bankrupt unless I pay up,


they even went to explain how I would suffer from being bankrupt


I have had advice from other sources but I would like clarification


firstly would I have been able to make a claim for the ppi from a loan not in my name


secondly can they pay money into an account other than the original account the loan was repaid from without my agreement,


worth noting that to this day they have refused to send me a copy of the original contract


any advice welcome


thanks

dunstonh

since them I heard nothing. now over a year later I got a letter from Wilson rose for the same debt with £300 added to the total again threatening to make me bankrupt unless I pay up,

Report them to the ministry of justice for trying to fraudulently obtain funds from you. Also, write to back to this company saying much the same as you have here and tell them that you have reported them to the ministry of justice for attempted fraud.

firstly would I have been able to make a claim for the ppi from a loan not in my name

No. the complaint has to come from the account holder or a connected person with authority.

secondly can they pay money into an account other than the original account the loan was repaid from without my agreement,

yes.The loan no longer exists. So, they cant pay the money into the loan. They would typically pay the redress either by cheque or into the bank account that serviced the loan.

I recommend your husband writes to the bank and asks them to verify in writing that no complaint was ever received and that no redress has been payable. The letter they send back verifying that will be all the evidence needed to support your case.

omega1prime

thank you for your response.


so are you saying it would be impossible for me to have made a ppi claim on my husbands loan


just to clarify the loan was not in my name just my husbands but it was paid into our joint account
the loan money was paid into our joint account so would the ppi refund have gone into that account unless agreed otherwise


also can they threaten to bankrupt me again after withdrawing last time from action

omega1prime

1 more point,


there were very keen to resolve this over the telephone not on paper

antrobus

omega1prime wrote: »

....so are you saying it would be impossible for me to have made a ppi claim on my husbands loan
....

Yes, that is exactly what he is saying.

What does your husband have to say about all this?

magpiecottage

omega1prime wrote: »

over the last few years I have received letters from Ismart and Fortius Legal about fees they claim I owe them for work done

Fortius Legal was a trading name of Legal Development Partners Limited of Harrogate, which was struck of by the Solicitors Regulation Authority in 2013 for concerns about dishonesty, according to the Law Society Gazette.


By Ismart, do you mean I-Sm@Rt Consumer Services Limited of 400 Pavilion Drive
Northampton
Northamptonshire
NN4 7PA?


If so, I suggest you send the following e-mail to [EMAIL="customer.services@i-smartbusiness.co.uk"]customer.services@i-smartbusiness.co.uk[/EMAIL] and [EMAIL="info@wilsonrose.co.uk"]info@wilsonrose.co.uk[/EMAIL] with a copy to consumer@claimsregulation.gov.uk and consumer@fca.gov.uk


Formal Complaint of fraud and harrassment against I-Sm@rt Consumer Services Limited.


I am making a FORMAL COMPLAINT against your company that it has fraudulently claimed to have receovered a sum in respect of missold Paymenmt Protection Insurance.

This is a lie because I had no such policy. Although my husband had such a policy, I-Sm@rt Consumer Services Limited knows that I cannot make a valid complaint in his name and therefore I accuse it of dishonestly making an untrue statement in an attempt to make a gain for itself at my expense.

Further, I-Sm@rt Consumer Services Limited has harrassed me for payment of this non-existent debt and has now conspired with its agent Exoro Limited (FCA interim permission number 619623) which has unlawfully and unfairly attempted to bully me into paying you this non-existent debt.

I put it to both the directors of I-Sm@rt Consumer Services Limited and Exoro Limited that neither company is fit or proper to carry out regulated activities and, accordingly, I am copying this e-mail to both of your regulators.

I also demand that I-Sm@rt Consumer Services Limited IMMEDIATELY cease and desist from this activity and make proper recompense for the distress and inconvenience caused.

I remind I-Sm@rt Consumer Services Limited that it now has eight weeks to make a satisfactory response to this complaint or I will exercise my right to take the matter to the Legal Ombudsman. Any further demand for payment by any means, whether directly, or via any agent from I-Smart Consumer Services Limited will be regarded as a further harassment, further fraud and a rejection of my complaint. Should that occur I will immediately refer the matter to the Legal Ombudsman.