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PPI Reclaims not covered by the FOS

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  • ANY_CHANCE
    ANY_CHANCE Posts: 825 Forumite
    marshallka wrote: »
    They would couple it I would think any chance. That is what they originally did with mine and its a problem also with mine now. I went for misselling originally in April, 2008, no joy as everyone unregulated at the time so I then just said unfair rebate. It was against the insurer I was told (new to me!!) and also Di the same for one of hers. I then complained about the terms of the policy also and they have now said that my complaint has three elements. I then told them I only want one outcome and it being a fair rebate from the "three" elements and they are getting the Ombudsman to look on tuesday and get back to me hopefully Wednesday next week. Its been a night mare from the start.

    Thanks Marshallka, good luck for tuesday, fingers crossed
    “most people give up just as they are about to achieve success”
    If you think you are going through hell keep going - Sir Winston Churchill
    If You Can't Change It, Change the Way You Think About It.
    SW, 13st5lb, -4 1/2, -1,(12st13.5lbs)
  • Paolo1980 wrote: »
    Yes please that would be excellent.

    I'm still weighing up the options on what to do next.

    Paolo - I've sent it to you via Private message - hope it helps
    :AIgnorance can be cured, but stupid is forever!:A
    Please note: Nothing that I post constitutes professional financial or legal advice.
  • marshallka
    marshallka Posts: 14,585 Forumite
    ANY_CHANCE wrote: »
    Thanks Marshallka, good luck for tuesday, fingers crossed
    Cheers Any Chance, will definately post back.;);)
  • masmit wrote: »
    if your dealing with claims yourself & cant use the FOS these companies send you too the FLA knowing they will not help you. therefore expecting you too go away. the only other action is taking them to court yourself or by a solicitor. there are claims companies aswell, which i would not advise to use.
    as i have said the solicitors are claiming their fees off the companies involved so you get 100% of your claim. so it is not expensive & you get the expert help needed.

    I have sent the teplate letter to Santander Cards ex GE Money stating that they were fined and that when I took out the PPI it was sold to me by what looked like a weekend worker (maybe student) thus could not have any financial background.

    There reply in a nutshell:

    • My PPI was taken out on 5 November 2003 in store (They sent a copy of the agreement an "X" was written down by the sales person next to where I should sign - thus I didn't actually read what I signed - stupid I know) Hte X's ere at "Protect your Payment" and "The Credit Agreement"
    • They state that the fine they received wass for policies sold after 14 January 2005 when FSA's ICOB regulations came into force - my policy was taken out on 5 November 2003 thus the FSA's decision is not relevant.
    • I signed for the PPI (next to the X) and I had an opportunity to change my mind - a 30day no quibble guarantee
    • the best by far and I quote "In relation to your reference to the sales process in store, there was no requirement upon us to record the sales process and so we have no way of knowing what took place on 5 November 2003.
    • The insurance has been clearly shown on statements
    • They find no evidence of mis-selling thus no refund
    • I can write to the FSA and because the policy was purchased in 2003 the FOS has no jurisdiction.
    I gather from other posts that it's a waste of timee to write the FLA.

    Do I have a case and where do I go from here?

    Masmit, you mentioned solicitors, do you have a name of anyone I can use or has anybody else used a solicitor service to satisfactory conclusion. anybody else for that matter.

    I thank you all in advance, but the letter I received from Santander just smacked of "well, you are out of luck since it was 2003, although we tricked you into signing"

    Regards,
    Frank
  • Hi they are in fact trying to fob you off here! The FOS are looking at claims pre 2005 now. I confirmed this with them this week as I have 2 claims myself both pre 2005 and both of these companies have tried the same line with me! I have replied to them saying that actually the FOS will investigate and await their response. Good luck
  • shamrock7
    shamrock7 Posts: 230 Forumite
    Hi Everyone,
    I submitted a complaint re Welcome Finance and have just received a cant help you letter. The complaint was for a loan taken out on 04/02/03. Welcome only joined the GISC on 27/02/03.
    They said they are looking at complaints prior to 14/01/05 if companies were voluntary members of GISC. Obviuosly I missed this by 3 weeks! Hope this helps. Should I go FLA now or quit! Thanks
  • marshallka
    marshallka Posts: 14,585 Forumite
    shamrock7 wrote: »
    Hi Everyone,
    I submitted a complaint re Welcome Finance and have just received a cant help you letter. The complaint was for a loan taken out on 04/02/03. Welcome only joined the GISC on 27/02/03.
    They said they are looking at complaints prior to 14/01/05 if companies were voluntary members of GISC. Obviuosly I missed this by 3 weeks! Hope this helps. Should I go FLA now or quit! Thanks
    I would check with FOS first and see if they can help perhaps. Can't do any harm.
  • shamrock7 wrote: »
    Hi Everyone,
    I submitted a complaint re Welcome Finance and have just received a cant help you letter. The complaint was for a loan taken out on 04/02/03. Welcome only joined the GISC on 27/02/03.
    They said they are looking at complaints prior to 14/01/05 if companies were voluntary members of GISC. Obviuosly I missed this by 3 weeks! Hope this helps. Should I go FLA now or quit! Thanks
    Hey matey

    Whatever you do - DON'T quit! You could either go to the FLA (as you suggest) or why not consider going to Law? Taking out a claim via the county court (small claims track) isn't as hard or daunting as you might think. Moreover, a letter to WF suggesting that you intend to pursue your complaint in the county court (a) shows you mean business and (b) might just make them settle up.
    :AIgnorance can be cured, but stupid is forever!:A
    Please note: Nothing that I post constitutes professional financial or legal advice.
  • shamrock7
    shamrock7 Posts: 230 Forumite
    marshallka wrote: »
    I would check with FOS first and see if they can help perhaps. Can't do any harm.
    That letter was from the FOS:mad:
  • marshallka
    marshallka Posts: 14,585 Forumite
    shamrock7 wrote: »
    That letter was from the FOS:mad:
    Oh sorry, did not know. I don't know really other the FLA now or of course the courts. Sometimes these cases don't even get to court and they settle before. Might be worth considering if its a lot of money.
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