PPI Reclaiming discussion

jessicad_2

How does this sound for a step 2 letter:

I am writing in response to your email received on 7th March 2008. With regards the insurance sold with my Cahoot fixed rate loan. Your reference Tracking number: A00004157769-00011775947

I appreciate the very prompt response on this matter, however I do not feel your email has offered a satisfactory justification that my policy was sold fairly, reasonably and within my best interests so I request that you look into my complaint again. I maintain that did not understand that I was accepting a PPI insurance, and certainly was not aware that it was optional or more importantly that the monthly repayments were including an additional fee for this policy.

Upon recognising that there was an additional amount of the loan repayment for this insurance policy, which I neither wanted nor needed, I cancelled it at the earliest opportunity. My records indicate this was 15 months after opening the loan account.

Thank you for your assistance thus far, I await your response, and if I do not receive a more favorable response within 14 days I shall be taking my complaint to the Financial Ombudsman.

?? any advice is appreciated.
Thank you

freedom2b

Hi All,

Some of you might have read earliar in this thread about my Halifax loan and the £9,000 odd pounds PPI.Also,that the Halifax aggreed they had mis sold and that they would refund the PPI in total, plus interest :beer:

However, as a few suggested on this site, the battle, might not yet, be won :rolleyes:

This morning I received a letter from the Halifax saying my recent loan application had been refused...WHHHHAT,I was baffled for a second and then realized what they are trying to do,unbelievable,not only have they been taking my money from me fraudulently since 2003,they are now going to try to arrange another loan,without consulting me,and then tell me I can`t get another loan,meanwhile where `s my money?:mad:

fuzzgun19

fuzzgun19 wrote: »

I havent heard anything from the ombudsman since december...

I've just sent an email to my assigned adjudecator, and will see if I get any reply.

Got a reply to my email.

Dear ******,
Thank you for your email which has been passed to me answer. Ms Hurn has moved to another department and is no longer dealing with your complaint. Your case will now be passed to a different adjudicator who will be in touch with you shortly to confirm this and provide their contact details.
I am sorry for the delay in advising you of this, and thank you for your patience.

Carolyn Platts
Assistant Manager

Great, more waiting!!

fifikav

fuzzgun19 wrote: »

Got a reply to my email.



Great, more waiting!!

Hopefully you will not have to wait another 2-3 months!!!!

Both my cases have been with fos since December and have yet to be passed to an adjudicant...got another "I will contact you in 4 weeks letter!!!

TwinsMum_2

Well once again thanks to M Colak, I have not only received a email back from the Ombudsman department I went one better and also got a phone call, just saying that they had no more information for me but they were very busy at the moment and were awaiting response from FirstPlus. Had letter today saying payments will be reduced though due to interest rates a drop of £24.00 so that is good. Just want to get my mis-selling issue dealt with now.

morphette

Back ground to my case:(as posted back in Dec 07)

Bought a car from a local garage back in 2003 and they included PPI - I paid off the car finance in full (issued by the local garage) in 2006. I had medical conditions at the time but the garage sales person did not ask me about them. Also I was strongly lead to believe that having the PPI was part of the car finance and without agreeing to it I wouldn't have been able to purchase the car.

Subsequently I wrote to the PPI issuers CLose Motor Finance, they told me take it to the dealership - so another letter was sent. They in turn said I had to take it to the actual small garage that sold me the car BUT they did point out that in 2003 when I bought the car the local garage were not regulated.

I called the FSA who were very helpful and explained everything to them as above. They said to write to the local garage and explain everything. They also explained that in my letter I should hold the garage fully responsible for the mis selling of the PPI on the loan and to mention the sales of goods act 1954 in my letter. The letter was posted.

Today I have received a letter from the local garages solicitors a firm called Lawgistics which according to their website handles legal issues for garages and car sales.

What they say is "A contract of insurance is a contract of utmost good faith, that is to say you are obliged to disclose any meterial facts which would affect the decision of the insureres in offering a policy at a particular premium. In your case, if a previous medical condition woul dhave a bearing on the insurers decision then it shoul dhave been discloed. It is not a matter of mis-selling as you allege on the part of our clients."


My argument is that had the car sales person gone through the ppi policy with me at time of purchase I would have happily raised my medical conditions to him - as it was the policy was never discussed and the x in the tick box was already filled in ready for me to sign.

In total the PPI was £1496 without interest!


LATEST XXXX FEB 08

Well since the above the car dealership have sent their final response via their so called solicitors saying no claim. So I waited a few weeks and have now issued a claim via the small claims court. I knew they would defend claim and sure enough this morning their solicitors have sent me the form to complete and return back before the 25th March to my local court.

Their comments are;

1 the claim is wholly denied
2 the claimant discloses no cause of action
3 if, which is not admitted, the claimant seeks to imply that she was mis-sold insurance cover to protect her in the event of certain contingencies, then the defendants deny any implication or allegation of mis-selling
4On the contrary, the claimant was sepcifically asked at the time of the transaction, if she required insurance cover, and the extent and value of that insurance cover was explaind to her
5 In eveidence the defendants will reply on documents signed by the claimant at the time, which establish that not only was she aware of the extent of the cover, that not only was it explained to her, but that she agreed to it and it's terms. including the requirement for disclosure.
6 The claimants claim is fradulent, based it appears on the notion that having used an insurance purchase willingly purchases, she should receive repayment of all premiums. it is noted that the claimant has waited three years to raise this fictitious allegation, having ensured she gained the benefit of the full term cover on offer.
7 the claimant has suffered no loss and is not entitled to damages as alleged.


Ok I know it's long but I need to prepare my claim so if anyone can give me some helpers as I am very nervous and scared. Tiggrae has already mentioned to me(bless!) that I should use the misrepresentation act in my claim which I will do and I will produce all the docs I have.Does anyone think I have a good chance of getting anywhere with this....? Has anyone taken one their local garage successfully? Even though the loan was taken out in 2003 and paid off in full in 2006 I was not aware I had PPI until Sept 07...think that relates to their point number 6 but my arguement still stands that I didn't know about the PPi until all the latest media hype to be honest.

Any ones comments to help me on this one greatly appreciated. Sorry it is as always long. Thanks guys!!! Will of course keep you all posted how I get on!

Laini

Just wanted to know if anyone could give me the MD email address of FIRST PLUS
by PM with any info on how you worded your request to him.

we have sent it to FOS and waiting for disc with phone calls on.
just trying anything and everything now.
we have settled our loan but told them we were still persuing our complaint.

thanks in advance

Laini xx

juliedawn_2

I've sent email address to you.Just write what comes off your head.I did.

mariab8817

Hi everyone........Received this morning my subject access report for last 6 yrs. Loads of stuff I don't understand but on the earlier statements its really hit and miss and also there is no mention of PPI payments and on some no mention of account payments either!!! According to these statements 2002-2005 no ppi payments were made even though I have a letter from them stating that I have paid £944 since 1989? Also I have found in my file some statements back to 93 with it on. They have also said that as far as they are concerned the matter is now closed I am so maaaaad. :mad:

I would be grateful if someone could be so kind to let me know what to do next and bring me back down to earth even if only to say leave it at that.

Should I respond to them, take them to court as every letter I have had from them is contradiction to the last or should I just walk away????

Please help.

Thank you

Maria

jennyred

Hi everyone - wonder if any one can help.

I have won my PPI misselling case and my bank HSBC are going to pay me the money into my current account - which is good - the problem is they are saying that they cant just take the PPI off my loan - I have to do a new loan to pay the old one off - now, I know this is not true. does anyone know where where I can print off something to take into my bank to show them that I know that they can just restructure my loan?
I dont know exactly what it is i'm looking for but some guidelines or policy where it states that if I won a misselling case that the bank can just cancel the PPI without me taking out a new loan.

thanks in advance

jenny