PPI Reclaiming discussion Part II

marshallka

tiggrae wrote: »

it's just to me it doesn't make sense - it's the use of the words unfair contract - what do you mean by unfair contract ??? Under what specific piece of legisation do you mean - it can't be the Unfair Consumer Contract Terms Act 1999 - because by definition that is a claim against one (or more) specific contract terms, so I'm assuming you didn't mean that - so I'm just not sure what it was you were trying to say

Tiggrae pm'd you.

The contract of the selling of the PPI

A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law.
To enter into or make an agreement
The most important feature of a contract is that one party makes an offer for an arrangement that another accepts.

Where Freedom and Bespoke are concerned this is about a contract in which simone was misled into purchasing PPI by a UK firm or so she thought but was then told it was not a UK firm that sold it to her. Freedom were more than just a processor here.

Where Bespoke are concerned the whole loan contract (including the PPI) is not right as most people would never have accepted a contract drawn up from a company in GIB had they not been mislead in the first place.

mlucyminx

tiggrae wrote: »

what they are trying to do is put you off taking this further - 'time-barred' or the correct legal term is 'statute-barred' means it is beyond the 6 years allowed by the Statute of Limititations Act 1980 for the claim of a 'debt' but there are ways around it so don't give up - if they've put it as a final response then take your complaint to the FOS

Tiggrae

do you know of anyone who the fos have ruled in favour of regarding this statute-barred.

That is the term they used in my letter.

Also as the fos wrote to barclaycard on my behalf does that mean they should have sent a copy to fos too. Don't know what happens when fos take over. whether companies should deal direct with fos or if I should forward a copy of letter to them.

tiggrae

mlucyminx wrote: »

Tiggrae

do you know of anyone who the fos have ruled in favour of regarding this statute-barred.

That is the term they used in my letter.

Also as the fos wrote to barclaycard on my behalf does that mean they should have sent a copy to fos too. Don't know what happens when fos take over. whether companies should deal direct with fos or if I should forward a copy of letter to them.

the Statute of Limitations Act 1980 applies to court proceedings (ie you must start proceedings within 6 years) but the FOS work differently they can look at a complaint within their jurisdiction - meaning if a company or a specific financial product came under their jurisdication at the point of sale then they can look at it - it's at their discretion.

In response to the question, yes I've had a PPI claim settled on a bank loan through the FOS when the loan was taken out in 2000 - the bank refused to pay up initially as they stated it was 'statute barred' the FOS changed their mind for them !!!!

marshallka

Tiggrae, have you seen my pm

marshallka

tiggrae wrote: »

the Statute of Limitations Act 1980 applies to court proceedings (ie you must start proceedings within 6 years) but the FOS work differently they can look at a complaint within their jurisdiction - meaning if a company or a specific financial product came under their jurisdication at the point of sale then they can look at it - it's at their discretion.

In response to the question, yes I've had a PPI claim settled on a bank loan through the FOS when the loan was taken out in 2000 - the bank refused to pay up initially as they stated it was 'statute barred' the FOS changed their mind for them !!!!

How can the FOS get them to change their minds??

From what i have seen of the FOS the banks/lenders/brokers seem to have the upper hand. That is my experience...

I suppose that time will tell again next year (yawn yawn). They told me that as co-op have not sent them the documents they require i will have to wait a while longer than usual. I asked if they could do anything and they said "we don't give time limits to them".

Also with Barclays Firstplus they told me "we are going to look into this" and then it was FIrstplus who said "no you can't" and it was end of.

mlucyminx

marshallka wrote: »

How can the FOS get them to change their minds??

From what i have seen of the FOS the banks/lenders/brokers seem to have the upper hand. That is my experience...

I suppose that time will tell again next year (yawn yawn). They told me that as co-op have not sent them the documents they require i will have to wait a while longer than usual. I asked if they could do anything and they said "we don't give time limits to them".

Oh,

When FOS wrote to ocean finance on behalf of me (was very complicated and o/f hadnt given final response) they gave them the standard 8 weeks to reply.

marshallka

mlucyminx wrote: »

Oh,

When FOS wrote to ocean finance on behalf of me (was very complicated and o/f hadnt given final response) they gave them the standard 8 weeks to reply.

So how long was that??. Had you already given them 8 weeks then and they give them another:mad:

mlucyminx

marshallka wrote: »

So how long was that??. Had you already given them 8 weeks then and they give them another:mad:

No,

I had written to bemain as they were who the loan was with. They referred me to ocean finance and ocean finance referred me back again. I contacted FOS re blemain and they wrote back saying blemain weren't covered by them at the time of taking the loan out. Then i read on this site that ocean finance were responsible as they were the brokers so I phone FOS and explained that I thought I had made a mistake as to who was responsible and they told me to send everything back changing details from blemain to ocean finance.

I did this but as I had never had it written by ocean finance that this was a final response FOS wrote to them and gave them 8 weeks.

Phew. very long winded I know but I hope you get the gyst

tiggrae

marshallka wrote: »

How can the FOS get them to change their minds??

From what i have seen of the FOS the banks/lenders/brokers seem to have the upper hand. That is my experience...

I suppose that time will tell again next year (yawn yawn). They told me that as co-op have not sent them the documents they require i will have to wait a while longer than usual. I asked if they could do anything and they said "we don't give time limits to them".

Also with Barclays Firstplus they told me "we are going to look into this" and then it was FIrstplus who said "no you can't" and it was end of.

the bank refused to pay up but the FOS said they should - so they did !!!

I wouldn't say the banks etc have the upper hand the FOS have the law on their side - if they are able to look at it they will - if they arne't really supposed to look at something at least they'll give it a go - that's possibly what happened with yours - only when it's not under their jurisidiction can a company come back to them and say 'no you can't look at this'

Also if they disagree with an adjudicator but the decision is upheld by the Ombudsman then it's legally binding on them and there's nothing they can do but pay up otherwise they run the risk of the FSA removing their registration to operate

tiggrae

marshallka wrote: »

Tiggrae, have you seen my pm

only part of it came through but I think I got the gist of it !!!