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PPI Reclaiming discussion Part II

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  • debs16
    debs16 Posts: 67 Forumite
    hi thanks for your reply i got the loan in feb 2005 but have lost all the paperwork so am sending loans co uk and epf a rude letter telling them if one of them doesnt accept responible i am going to the finincal omsudman ,and have also requested any paperwork from them both it is so so streeful arghhhhhh sometimes i think its not worth it .
    it is still ongoing i borrowed 25000 and have paid nearly 4 years into the loan with 6 years to go and have got a settlement figure last moneth for 28000 arghhhhhhhhhhhhhhhhhh
  • di3004
    di3004 Posts: 42,579 Forumite
    thank you for reply

    do you have some sort of template as i dont know where to start with letter

    Hi hun
    Check this out here, there is a template on this link
    http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance
    Check it out, but if its the final letter you will be sending you need to keep it the same as the first but just explain as fully as you can of why you do not agree with their response because of for example:

    It was sold to me without my knowledge, I was not aware that I had cover for this and this was automatically added to my policy.

    The product was not fully explained to me, and I was not informed of the full cost of this expensive product where I could have opted for a far cheaper option of a stand alone cover if I were told it were optional.

    And so on, try and explain your reasons in full and that you do not agree with their decision and ask them to reconsider this if they do not change this into a more favourable response you will not hesitate but take this to the FOS for them to investigate.;)

    Good luck and yell if you need further info.

    Di.
    x
    The one and only "Dizzy Di" :D
  • marshallka
    marshallka Posts: 14,585 Forumite
    di3004 wrote: »
    Marshallka this is absolutely brilliant, thanks so much hunni......:T :A , glad you remembered about other stuff hun this is wonderful, will also enclose a copy of the email/letter from Click too.;) :D :beer:

    Di.
    xxx
    Di, I have tweaked lots more since then so take a look. I have removed one director etc.
  • marshallka
    marshallka Posts: 14,585 Forumite
    marshallka wrote: »
    We are writing with regards to a loan/PPI that we took out in July 2004 through a broker called “Click Finance Limited” licence number 0506811. We have a complaint against this company in that we were missold our PPI insurance and are trying to get recompensed for this. We wrote to this company and were told that they liquidated in July 2006 so we need to go to the liquidators with the complaint.

    Upon further investigation on this business we note that although months before “Click Finance” went into liquidation they had a “non trading company” or should we say a company that did not hold a consumer credit licence as we can see by the register online called “Click Financial Limited” which they then got a consumer credit licence for to trade very similar to the dissolved "Click Finance Limited".

    Upon looking into this further we note that the directors are of the same names as the dissolved “Click” and the name is very similar. We then wrote to this company that now trades using their consumer credit licence number 0563957 issued on 22/01/05 to make a complaint for the misselling. They subsequently wrote back to us stating that they had nothing to do with “Click Finance Limited” and that they could not possibly look into a complaint of another company and it would be “unfair on the share holders”. We find this very hard to believe in that they were directors of the same companies but cannot accept complaints about them. I have researched what is known as “Phoenix companies” and we think that some of what we have researched could belong to these companies in mention.

    We would like to make a complaint about the companies we have mentioned. We also note that recently they have closed and opened other companies, namely "Click LImited (no licence number yet online)" opening and "Click Loans Services Limited (licence number 0616548)" closing.

    We want to make a complaint against the directors of these companies
    STE
    RA


    We have reason to believe they have not acted in a fit and proper manner and want to ask you if you can investigate the goings on in these companies. When this is allowed to happen we as consumers lose out as they close companies down, sometimes to avoid complaints, and then open up new ones (or use the old ones that they have registered and just get a CCL). It’s not right and certainly not fair practice. We don't think this should be allowed to happen and that they be allowed to walk away from complaints and continue to trade in other companies. We ask that something is done about this. We feel that these directors should be held responsible for the complaints of the dissolved company too.


    This is the edited version.
  • di3004
    di3004 Posts: 42,579 Forumite
    marshallka wrote: »
    Di, I have tweaked lots more since then so take a look. I have removed one director etc.

    Just read it again now and many thanks Marshallka the letter is amazing, well done.:beer: .

    I have been writing it as I go along, because I do really think this is the letter to send them, its brilliant and you have covered everything, thank you.:T

    Di.
    xxx
    The one and only "Dizzy Di" :D
  • di3004
    di3004 Posts: 42,579 Forumite
    I will be back but need a bite to eat and a shower, again thanks Marshallka, your amazing......:D :beer: , back soon.
    xxx
    The one and only "Dizzy Di" :D
  • simone83
    simone83 Posts: 228 Forumite
    Hi!

    It took me a bit longer than I thought, had some bad news, but am on track now. Please can you look at the below and give any advice / comments you can think of. All advice is greatly appreciated! Simone

    Here it is:

    [FONT=Tahoma, sans-serif]I am in receipt to your letter dated 14.08.2008, received by myself on 06.10.2008.[/FONT]
    [FONT=Tahoma, sans-serif]
    I feel that your company misrepresented their position to me and are therefore in breach of the misrepresentation act 1967 as Freedom Finance acted as a broker when, in fact,you are now saying Freedom Finance was only the processor.

    As the sale of the Payment Protection Insurance was commenced here in the UK and the processor acted as an advisor, therefore this was an unfair contract.

    As a processor cannot be a broker and sell insurance. Freedom Finance are responsible for the sale of the Payment Protection Insurance as it was done here in the UK. Non advised sales of PPI did not start here in the UK until Jan 2005 and were introduced much later in Gibraltar.
    [/FONT]


    [FONT=Tahoma, sans-serif]Therefore, I feel that Freedom Finance are responsible for the sale of the Payment Protection Insurance.

    As per the OFT register I have noted that Bespoke finance has listed that all correspondence is to be sent to Freedoms Finance address (as above). I will therefore be issuing any future correspondence, legal notices or documentation to the above address.
    [/FONT]

    [FONT=Tahoma, sans-serif]I will be contacting the OFT about your fitness to hold a Consumer credit licence as I feel that you intentionally misrepresented your interests in regards to the payment protection insurance aspect of my loan. [/FONT]
    light bulb moment: 30.08.08!!
  • marshallka
    marshallka Posts: 14,585 Forumite
    di3004 wrote: »
    I will be back but need a bite to eat and a shower, again thanks Marshallka, your amazing......:D :beer: , back soon.
    xxx
    Di, i have used their OFT licence numbers as this is to the OFT and thought it may be easier to look into. Don't feel obliged to use mine though. Could be a bit OTT... Its up to you:o
  • marshallka
    marshallka Posts: 14,585 Forumite
    simone83 wrote: »
    Hi!

    It took me a bit longer than I thought, had some bad news, but am on track now. Please can you look at the below and give any advice / comments you can think of. All advice is greatly appreciated! Simone

    Here it is:

    [FONT=Tahoma, sans-serif]I am in receipt to your letter dated 14.08.2008, received by myself on 06.10.2008.[/FONT]
    [FONT=Tahoma, sans-serif]I feel that your company misrepresented their position to me and are therefore in breach of the misrepresentation act 1967 as Freedom Finance acted as a broker when, in fact,you are now saying Freedom Finance was only the processor.[/FONT]
    [FONT=Tahoma, sans-serif]As the sale of the Payment Protection Insurance was commenced here in the UK and the processor acted as an advisor, therefore this was an unfair contract.[/FONT]
    [FONT=Tahoma, sans-serif]As a processor cannot be a broker and sell insurance. Freedom Finance are responsible for the sale of the Payment Protection Insurance as it was done here in the UK. Non advised sales of PPI did not start here in the UK until Jan 2005 and were introduced much later in Gibraltar. [/FONT]

    [FONT=Tahoma, sans-serif]Therefore, I feel that Freedom Finance are responsible for the sale of the Payment Protection Insurance.[/FONT]
    [FONT=Tahoma, sans-serif]As per the OFT register I have noted that Bespoke finance has listed that all correspondence is to be sent to Freedoms Finance address (as above). I will therefore be issuing any future correspondence, legal notices or documentation to the above address. [/FONT]


    [FONT=Tahoma, sans-serif]I will be contacting the OFT about your fitness to hold a Consumer credit licence as I feel that you intentionally misrepresented your interests in regards to the payment protection insurance aspect of my loan. [/FONT]
    Simone that is very good.:D I would add that you are now giving them 14 days before any other action is taken against them.

    I hope singlep makes an appearance again before you send it but to me looks great!!!
  • simone83
    simone83 Posts: 228 Forumite
    Thank-you! I will get it in the post first thing and email a copy to Iain Farr.

    Your advice had been so helpful, I just cant say thanks enough.

    Simone

    Edit: I will wait for singlep before I send it - the more help the better!!
    light bulb moment: 30.08.08!!
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