PPI Reclaims not covered by the FOS

mummymidwife

I also had the standard letter from the FOS and after contacting them by phone I felt that my only option was to go down the court route. I was mis-sold my PPI when told it was a compulsary part of the loan, As so many others have described, I was at the mercy of a pushy sales technique that generally made me feel completely backed into a corner, in retrospect I now realise the intimidating and relentless experience was unlawfull. I used the moneyclaim website to get the ball rolling and have had the first letter back from Direct Auto Finance Litigation Department stating that my claim will be considered over the next 28 days before going to court.

Am now feeling very small in this big bad legal world and the nerves are creeping in. Wish me luck, I will let you know what the outcome is:eek:

hads78 wrote: »

Well I had the standard fob off reply from Direct Auto Finance and they used the 'we were not regulated when you took the loan' argument, which appears to mean I cannot complain to the FOS. I have e mailed them an enquiry so will keep you posted but need some advice.

It would seem that Yes Car Credit and DAF are going to fight this quite strongly so the more people we can get on board the better.

Also I wonder could the MSE team maybe look into YSS and DAF specifically since despite a whistleblower BBC program into their practices and various consumer complaints there seems to have been no investigation by regulating authorities into them so I really have no idea what my next step following my recepit of a fob-off letter is and from what research I have done there are literally 100's if not 1000's of people who are making the same claims regarding being told we HAD to have the PPI or no loan.

Thanks

rosemahairy

Has anyone been to court yet about their ppi?

arthurp8

There seem to be a few people with experiences related to firstplus and bespoke - I am in that boat - however after being fobbed off by bespoke and firstplus I think I may have to hand over to the professionals - as I really am not sure what I am doing - my agreement was with freedom finance, not bespoke for the loan with firstplus....all bloody tangled if you ask me. As such can anyone recommend a decent professional agency?

marshallka

arthurp8 wrote: »

There seem to be a few people with experiences related to firstplus and bespoke - I am in that boat - however after being fobbed off by bespoke and firstplus I think I may have to hand over to the professionals - as I really am not sure what I am doing - my agreement was with freedom finance, not bespoke for the loan with firstplus....all bloody tangled if you ask me. As such can anyone recommend a decent professional agency?

what year was your loan. I have now received final responses from both Freedom who passed it to Bespoke and Firstplus. They say they did not need to be regulated by anyone and that its tough basically. I have been in touch with the FOS and they are sending out a complaint form for Firstplus to check that they applied the rule of 78 correctly. I have discussed the PPI with both FOS and FSA and FLA and all i can do now is take them to court under the mis representation in common law. I have not started that one yet. I will wait until i get my complaint about my settlement figure sorted. They will pay.... I swear if its the last thing i do.

Good luck yourself

arthurp8

My loan was february 2004 - interestingly enough there is a FISA leaflet in with the pack - don't know who they are - but apparently a regulatory body...

Anyhow I really don;t have the know how to tackle this myself - as such will look to hand it to a specialist company - and then take the 20-25% hit....

Fingers crossed that Firstplus get stung by someone so that we all have a chance...

petermb_2

arthurp8 wrote: »

My loan was february 2004 - interestingly enough there is a FISA leaflet in with the pack - don't know who they are - but apparently a regulatory body...

Anyhow I really don;t have the know how to tackle this myself - as such will look to hand it to a specialist company - and then take the 20-25% hit....

Fingers crossed that Firstplus get stung by someone so that we all have a chance...

If your loan was taken out in 2004, if it is a regulated agreement, in other words under £25,000, the chances are that it will be deemed unenforceable. This means that you would get all the money you paid back, not just the premium for PPI

lozyeates

Hi, hopefully I've now found the forum I need to start my PPI claim!!

Bit confused as to who I should direct my claim to -

Applied for a loan through Independent Finance Corporation Ltd Aug 2002
Received a letter from IFC confirming loan approved Aug 2002
Paperwork (agreement) came through from Endeavour Personal Finance, this was pre-completed so all I had to do was sign and return 'within 24 hours to ensure I was accepted'.
Sent paperwork back 15 Aug and by 30 Aug I had a letter welcoming to EPF and my loan cheque
On 31 Aug I received a letter from BFC Insurance Ltd advising me that I had been accepted for PPP.
Then, 7 March 2008 I received a letter from EPF telling me that my PPI would expire on 5.6.08 - first I knew of this.
Rang and spoke to EPF 10 March, I was told by one of their advisors that this loan was arranged through a brokers called Central Capital (never heard of them before) and that she knew that only front loaded insurance was offered to loan customers.
I then rang Central Capital to ask why I was offered a PPI for a shorter period than my loan (15 years, insurance only 5 years). Was told by one of their advisors that they would try to find the paperwork and would ring me back.
Heard nothing by 17 March so rang and spoke to the same advisor, she said that my details had been passed to their complaints dept and that she would get them to contact me.
Acknowledgment letter dated 18 March sent.
Letter dated 20 March received telling me that they weren't regulated in 2002 as so it was my responsibility (they must have a fantastic filing system to find my papers that quickly!!)
Wrote back to them 2 May (have been trawling this site, CAG site, FISA etc) asking them who they were regulated by.
Received letter dated 8 May saying that they were not under any obligation to be regulated by anyone and so they weren't and that they are rejecting my claim that I was mis-sold PPI and that this was their final response on the matter.

I have now found that EPF are a wholly owned subsidiary of HFC Bank Plc (fined 1.8 million for mis-selling PPI), and that HFC Bank Plc are part of the Household Group.

Phew, I know this is a long post but I needed to set out my facts - but as I said at the beginning, I am now confused as to who I direct my claim to - I have no qualms about taking them to court if that's what I have to do, but I need to know WHERE to send my claim!!!

There is another aspect to my 'story' but I won't go into it at the moment.

Any help would be appreciated, thanks

marshallka

I have now sent a complaint to the FOS about Firstplus and the whole way the loan was set up and the rule of 78 being applied. I don't hold out much hope but i have included lots of discrepancies since receiving my SAR from Firstplus. They told me Freedom Finance sold the loan and ppi and i was to write to another company called Bespoke Finance which i did. However, upon receiving my SAR there is no actual proof that either of these set up the loan and ppi so my thinking is something is going on with Firstplus and i want it investigating. That is my complaint with the FOS. I think Firstplus are responsible for the misselling of the ppi but even if they were i don;t think they were regulated back in Jan 2000 when my loan was taken out. Have to wait and see.

Surely all us that took out loans and ppi from unregualted companies were covered by some type organisation. Its so maddening that this country allowed this to go on.

ih8banx

I have spent the last 3 years complaining to Black Horse about the PPI that we were sold when mu husband was self-employed. It cost £1700 - which was not clearly explained on the contract. According to the terms & conditions,he had to be "working" to purchase the cover. When he put in a claim,he was told that he had to have a "permanent contract" inorder to use what he had purchased. It was also a single-premium policy, financed at 49.9% APR.

I have followed the formal complaint procedure for Black Horse, then escalated it to the FOS, which said it wasn't under their jurisdiction, so have now been dealingwith the FLA - which are USELESS. All I have done is sent all the letters between me and Black Horse to the FLA and Black Horse is "investigating" the claims. Each letter from Black Horse has been signed by the same employee, so she is well aware of the case. Now the FLA have told me to seek legal advise.

Now, I would like to claim compensation as I do not feel that it is my responsibility to tell Black Horse their legal responsibilities. I do not feel that I can effectively argue this in court without legal representation.

I'll let you know how it goes. I'm after revenge/big bucks.

homer_j_3

There may be options for you to get you what is rightfully yours.

You should have a look on the unenforceable/voidable loans thread.