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PPI Reclaiming discussion Part II

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  • marshallka
    marshallka Posts: 14,585 Forumite
    simone83 wrote: »
    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
    At the end of Iain Farrs email state that cc to Freedom Finance and also hard copy in the post.;)

    Singlep has helped you really. Though not online as much just recently!!!
  • marshallka
    marshallka Posts: 14,585 Forumite
    simone83 wrote: »
    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!!
    pm'd you simone
  • singlep
    singlep Posts: 68 Forumite
    marshallka wrote: »
    So who foots the bill for the FSCS then?? Also you never get your money back in full when a company goes bump. Often there is no money to get back. Its not that good news for us. These directors will just liquidate the companies and then start another cause they are ALLOWED to. How can this be good news to us wanting money back??

    Its good that they are going under after ripping people off for years but it only ever seems to affect the company and never the directors. They still seem to be living in luxury after a new company is started or sometimes like "Click" its already there waiting so they cannot be called a phoenix firm and then they get their licence from the OFT just before the other one going under and then trade from the "old" one (that was a company but did not have a CCL) like nothing ever happened.
    The FSCS collects a levy from all firms and guarantees compensation for all the money which is calculated in the same way as FOS. This means it is easier to get your money back, instead of fighting individual companies. If a company is put into liquidation FSCS will pay out as described. I entirely agree about the directors and more should be prosecuted. Finding out about phoenix companies is a big problem but sites such as this are really useful to see who is refusing complaints and yes, Click seem to be serial business closers and openers.
  • marshallka
    marshallka Posts: 14,585 Forumite
    singlep wrote: »
    The FSCS collects a levy from all firms and guarantees compensation for all the money which is calculated in the same way as FOS. This means it is easier to get your money back, instead of fighting individual companies. If a company is put into liquidation FSCS will pay out as described. I entirely agree about the directors and more should be prosecuted. Finding out about phoenix companies is a big problem but sites such as this are really useful to see who is refusing complaints and yes, Click seem to be serial business closers and openers.
    Have you seen my letter for Di to the OFT about these. Is there anything you would change about it!!

    Also Simone has now done another letter to Bespoke/Freedom Finance and want to have it looked at.

    If you have time can you please take a look. (BOTH BELOW)

    Thanks
  • marshallka
    marshallka Posts: 14,585 Forumite
    Click OFT letter here

    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 (although advertised in the London Gazette in April 2005) 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 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
    STEV
    RAY


    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.
  • marshallka
    marshallka Posts: 14,585 Forumite
    Simone Bespoke/Freedom letter here

    I am in receipt to your letter dated 14.08.2008, received by myself on 06.10.2008.

    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=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]
  • di3004
    di3004 Posts: 42,579 Forumite
    singlep wrote: »
    The FSCS collects a levy from all firms and guarantees compensation for all the money which is calculated in the same way as FOS. This means it is easier to get your money back, instead of fighting individual companies. If a company is put into liquidation FSCS will pay out as described. I entirely agree about the directors and more should be prosecuted. Finding out about phoenix companies is a big problem but sites such as this are really useful to see who is refusing complaints and yes, XXXXX seem to be serial business closers and openers.


    Singlep & Marshallka

    Thanks so much for your help.
    The one and only "Dizzy Di" :D
  • singlep
    singlep Posts: 68 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
    Yes the letter is really good but it begs a question. Do you know if Click Finance were authorised by FSA between Jan 05 and liquidation as they would have needed this to sell any insurance. I cannot think why they would allow an unauthorised company to go so long before closing it. Even if they were "introducing" insurance to other Click companies they would be breaking the rules.
  • di3004
    di3004 Posts: 42,579 Forumite
    Marshallka you added a huge list full of companies on here earlier, blimey they have so many........:eek:
    The one and only "Dizzy Di" :D
  • marshallka
    marshallka Posts: 14,585 Forumite
    singlep wrote: »
    Yes the letter is really good but it begs a question. Do you know if Click Finance were authorised by FSA between Jan 05 and liquidation as they would have needed this to sell any insurance. I cannot think why they would allow an unauthorised company to go so long before closing it. Even if they were "introducing" insurance to other Click companies they would be breaking the rules.
    So how do we find this out?? Click Finance Limited is no longer on the FSA reigster...!!!
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