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PPI Reclaiming discussion

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  • tiggrae wrote: »
    really does depend when you took out the insurnance as to whether you can actually take your complaint to the Financial Ombudsman - if it was prior to 15th January 2005, I don't believe they came under the FOS jurisdiction at this point.

    It was October 2005, there was an earlier loan but my main concern is with the later one.

    So do I go straight to the Ombudsman and just wait or do I wait for First Plus and hope they respond sooner?
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    It was October 2005, there was an earlier loan but my main concern is with the later one.

    So do I go straight to the Ombudsman and just wait or do I wait for First Plus and hope they respond sooner?
    They are allowed 8 weeks to respond - if it goes much beyond that fill in the Ombudsman Complaint Form and send it to them as 'a courtesy'
  • mureena
    mureena Posts: 10 Forumite
    tiggrae wrote: »
    Hi there, there is definately a section on age related claims - look under the self-employed/unemployed / retired section

    Thanks for your help, will keep looking or is there a special section as you suggest?
  • dimple
    dimple Posts: 17 Forumite
    Hi

    Has anyone successfully reclaimed PPI from HFC? I have been waiting about 12 weeks for them to give me a decision although they have written saying that they are looking into it.

    I have sent the second letter off now and am waiting for a response. Just wanted to see if anyone else has had any luck with them.

    Dimple
  • LeanneR
    LeanneR Posts: 363 Forumite
    Part of the Furniture I won, I won, I won!
    Got a letter back from Welcome Finance basically saying.........
    • I signed the declarations so can't claim back anything
    • I had policy wordings sent out to me explaining the product and had 30 days to cancel
    • I have paid for and 'enjoyed' the benefits of their PPI and other insurances
    • That this is their final response unless I porvide evidence of mis-selling
    • That I should contact the FOS if I wish to take it further
    I was claiming back on the basis that the sale person implied that the PPI and Insurance were needed for me to obtain the associated credit.

    What next? :confused:

    Thanks in advance people
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    mureena wrote: »
    Thanks for your help, will keep looking or is there a special section as you suggest?
    The different types of mis-selling
    this is the link - look under employment status, at the bottom of that section there is an item entitled 'Age is also an issue.

    good luck
  • m.colak
    m.colak Posts: 1,087 Forumite
    thank you 4 the quick reply m.cloak

    no the only comformation i have is the letter they are upholding the compliant and will be contacting me when have the correct figures ..because i never heard anything i have always phoned them ...do you think i should write them a letter asking for the payment or i will take them court within 14 days ?

    Right first of all always get confirmation in writing as this is what you use in a court of law to prove acceptance or agreement. As for phone calls they are pretty useless as you can't quote them except in a general way that you made a call to such as such person and therefore aren't as powerful as a letter. Always write a letter threatening court action prior to taking it as sometimes its enough to cause the company to re think it statergy and possably make you an offer.
  • m.colak
    m.colak Posts: 1,087 Forumite
    PLounge wrote: »
    Thanks for that.

    You mention that I would be able to claim for the 18 months plus interest. I'm a little confussed by this as I thought if I could prove I was mis-sold the policy I would be able to claim it all back.

    I seem to remember that I filled in the form and sent it off then had a call from them "to go through a few details". It was then I was told about how PPI would enhance my application.

    As it was a long time ago I would need a copy of my original form to see if I had asked for PPI.

    The 18 months is the 18 months of payment you made to the bank not the collections agency. It's at this time that the bank should have passed the loan over to the agency minus the PPI element as it was no longer valid or applicable. At this point it's the bank's error for passing the debt incorrectly onto the collections agency. The collections agency are enforcing you to carry on paying the PPI so its at this point you have to claim against the collections agency whom in turn will then have to claim against the bank. Sounds complicated but is no different then someone having a car go into the back of them and then someone going into the back of that car. Hope this helps. If you have confirmation that you didn't apply for PPI and then proceeding the results from a telephone conversation you were then you are in a better position to prove misselling as the contents of the conversation can't be proven one way or another.
  • elsieo
    elsieo Posts: 26 Forumite
    Hello everyone. I have been trying to reclaim from blackhorse for ages.
    First letter sent recieved a response along the lines of you signed the loan agreement and the staff assure me that all correct procedures were followed so get lost!
    They didnt seem to grasp the complaint so I wrote again and explained more fully and requested info such as who the insurance policy was with and if i had recieved a rebate on the insurance policy at settlement. They ignored this letter completely.
    I wrote again with copy of second letter asking for a reply and threatened to go to court using the misrepresentation act as didnt come under the fsa at time blah blar.
    They did reply with no information re policy but to say that they felt i had not provided any evidence to uphold my claim so complain to the finance and leasing association who they were not covered my at the time either.
    I dont think i have understanding of law to go to court. And why wont they give me the info i requested? Did the policy exist? How do i find out and what should my next step be??
    Thanks. x
  • m.colak
    m.colak Posts: 1,087 Forumite
    elsieo wrote: »
    Hello everyone. I have been trying to reclaim from blackhorse for ages.
    First letter sent recieved a response along the lines of you signed the loan agreement and the staff assure me that all correct procedures were followed so get lost!
    They didnt seem to grasp the complaint so I wrote again and explained more fully and requested info such as who the insurance policy was with and if i had recieved a rebate on the insurance policy at settlement. They ignored this letter completely.
    I wrote again with copy of second letter asking for a reply and threatened to go to court using the misrepresentation act as didnt come under the fsa at time blah blar.
    They did reply with no information re policy but to say that they felt i had not provided any evidence to uphold my claim so complain to the finance and leasing association who they were not covered my at the time either.
    I dont think i have understanding of law to go to court. And why wont they give me the info i requested? Did the policy exist? How do i find out and what should my next step be??
    Thanks. x

    Hi have already taken black horse to court and they have settled already. The thing to remember is:

    1. How long was your application.
    2. Did they mention the PPI or the fact it was optional at any time.
    3. In the copy of the CCA they may have sent you does it state that the loan was via correpondance when you actually went into the office to fill out the forms.

    If any are yes then go down the court route because they have to show that they didn't missell you the loan PPI (not you) remember to quote the misrepresentation act 1967 especially the part partaining to mis sold polices and sit back and wait for them to settle. Don't worry worse case you don't get anything back best case you get the whole amount back.
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