PPI Reclaims not covered by the FOS

magpiecottage

Di is right - see my post on page 22 for the reasoning behind this.

ssbjham

ssbjham wrote: »

Hi All.I'm really sorry if I'm posting this in the wrong place (not sure how to ask a new question)
Anyway can anyone help in a nutshell I was mis sold ppi on a loan of 35,000 that was on a single premium of £6650 in Feb 2003. Due to getting into arrears we have realised that we have been misold it and that it only lasted 5 yeras of a loans!
We sent the ist letter which they repiled that it was timed barred and that they were not members of the fos in 2003 so out of their juristication.So sent second letter to them stating the Limitations Act 32c which they replied that it was still time barred and outside FOS juristication.
My question is really where do we go from here?
Any ideas
I've checked with the FLA and Central Capital have been members since 2008 can I still go that way for a claim?
Am I just left with the option of taking them to court? If so where do I start?
Thank you

Hi , I have just found out that although the broker wasn't under the FOS
the lender was and I yhink actually the insurer.I did originally write to the lender re mis selling but they said it wasn't them and told be to contact the broker which I did.Sent two letters and they are still refusing to budge.
My question is really 1) can I go after the lender , the insurer And the broker (if the hope that one of these will be the one to pay out)? and 2) where the broker is concerned they are saying my claim is timebarred and they are taking no notice of the Limitations Act 32C so can I complain to the FLA/
Any suggestions welcomed

marshallka

ssbjham wrote: »

Hi , I have just found out that although the broker wasn't under the FOS
the lender was and I yhink actually the insurer.I did originally write to the lender re mis selling but they said it wasn't them and told be to contact the broker which I did.Sent two letters and they are still refusing to budge.
My question is really 1) can I go after the lender , the insurer And the broker (if the hope that one of these will be the one to pay out)? and 2) where the broker is concerned they are saying my claim is timebarred and they are taking no notice of the Limitations Act 32C so can I complain to the FLA/
Any suggestions welcomed

You can go after who you want BUT FOS will only have jurisdiction over the insurer most probably (they will not make the lender responsible) if the broker was unregulated. Do you know who the insurer was and if you do you need to do the same as you have done with the broker and give them 8 weeks for a full and final response. As regards section 32, then FOS would most likely look at it that you only just became aware of the misselling and take it from there. The FLA up to yet (from going on this site) are as much use as a chocolate teapot so perhaps give them a miss and go after the insurer.

I am sure others will post up as well but my suggestion would be, where the broker is unregulated, to go after the insurer. You can first check with FOS by calling them to see if they will take the case if you get no joy.

Good luck

di3004

ssbjham wrote: »

Hi , I have just found out that although the broker wasn't under the FOS
the lender was and I yhink actually the insurer.I did originally write to the lender re mis selling but they said it wasn't them and told be to contact the broker which I did.Sent two letters and they are still refusing to budge.
My question is really 1) can I go after the lender , the insurer And the broker (if the hope that one of these will be the one to pay out)? and 2) where the broker is concerned they are saying my claim is timebarred and they are taking no notice of the Limitations Act 32C so can I complain to the FLA/
Any suggestions welcomed

Hi there

I would contact the FOS on this, who may suggest the insurer/underwriter, as my post states above the FOS are also trying to make these responsible as they would be obviously involved with the broker who sold you the product on checking the eligibility when basically the main decision was given for the loan (if you know what I mean).;)

Good luck, and of course if they don't accept liability the FOS should therefore be able to take this on.;)

di3004

LOL, sorry Marshallka we posted the same time .

essexal

Di, Thanks for ya post back, and it was indeed helpful as i spoke to the FOS yesterday (Friday) morning, and they have at least given me a reference so they may take this issue on themselves. Basically i cant do anything with Paragon (the lender) but i could do something with the broker (dial 4 a loan) because it was a secured loan and also the insurance ppl.

Either way at no time was i told from D4AL and neither is it on the policy that i could have taken a different policy and paid monthly premiums for the whole 15 years of the loan.

I will let you know how i get on

Thanks again
Al

di3004

essexal wrote: »

Di, Thanks for ya post back, and it was indeed helpful as i spoke to the FOS yesterday (Friday) morning, and they have at least given me a reference so they may take this issue on themselves. Basically i cant do anything with Paragon (the lender) but i could do something with the broker (dial 4 a loan) because it was a secured loan and also the insurance ppl.

Either way at no time was i told from D4AL and neither is it on the policy that i could have taken a different policy and paid monthly premiums for the whole 15 years of the loan.

I will let you know how i get on

Thanks again
Al

Hi there

Your very welcome.
Glad it helped and look forwards to hearing from you again on this matter, fingers crossed.:)

Di

shopkeeper12

HI there, i have just had my paper sent back to me from the fos, who i had asked to look into my complaint against ge money /santander re ppi insurance, the fos say they cannot assist me further as the policy was sold to me in 2001 before thier jurisdiction, but they go on to say, if can provide details of the underwriters of the policy it may be possible to follow up the complaint that way, does anyone have any ideas how i can find out who the underwriters were at the time,i can't imagine santander will tell, me, i don't have a policy document as i never recieved one in the begining. i have also complined to the fla but didn't get very far, so any help would be appreciated many thanks

di3004

shopkeeper12 wrote: »

HI there, i have just had my paper sent back to me from the fos, who i had asked to look into my complaint against ge money /santander re ppi insurance, the fos say they cannot assist me further as the policy was sold to me in 2001 before thier jurisdiction, but they go on to say, if can provide details of the underwriters of the policy it may be possible to follow up the complaint that way, does anyone have any ideas how i can find out who the underwriters were at the time,i can't imagine santander will tell, me, i don't have a policy document as i never recieved one in the begining. i have also complined to the fla but didn't get very far, so any help would be appreciated many thanks

Hi there

This have happened to loads of us and have not gone the insurer direction.

What you do if you do not have these details, normally the lender will provide these to you on request as they are not always enclosed with the loan documentation.

You could then as soon as you receive these ask the FOS to write to them on your behalf.;)
Good luck.

ssbjham

Can anyone help me with a letter before action template?
Trying to reclaim ppi from a loan in 2003 sent three letters so far stating that under the llimitations act 1980 its not time barred, had three replies back saying as far as they are concerned it is ? Only option left is a LBA but not sure how to word it !
Any help would be greatly appreciated