PPI Reclaiming discussion Part II

tiggrae

marshallka wrote: »

So tiggrae tell me or anyone else here is it right for a company to open up and have a similar (very blummin similar!!) named company waiting in the background and then trade from that company and then liquidate it and then use the other company (that was waiting there), apply for a licence to trade from and continue in a way which misleads people into not knowing the difference. We all thought that click finance was click financial. Everyone that tried to help Di here thought they were the same company.

Surely then its a wise thing to do now for brokers. At registration open two companies (or more). Only licence one for now!! If things start to go pear shaped then go under and then use one of your other similar named companies that you actually had opened at companies house the same time as your trading company was launched. (REMEMBER THEN IT WAS OPENED THE SAME TIME SO ITS NOT PHOENIX!!! )

Its a right good loopole thing here. In fact why doesn't everyone do it!! It safeguards your name and also if anything crops up like the "payments protection insurance thing" in the future you have no repercussion as your company went "bump".

Yeah right - its ok to do - its not against the law - in fact no-one will want to know - you have not done anything wrong here -

And then you wonder why people get angry at the system...

THIS NEEDS CHANGING HERE. IT SHOULD NOT BE ALLOWED AND THAT IS MY OPINION. WE SEEM TO HAVE LITTLE PROTECTION IN THIS TYPE OF THING.

And no tiggrae, I am not a lawyer and also do not actually "know" the laws regarding this but what i do know is it is not right, proper and fair and i think it needs addressing. I am a "consumer" and think that although not a lawyer we should be able to inform the authorities of things like this and how they AFFECT us as consumers. That is why when i helped with the letter for Di, who is also a consumer, i did not quote any laws in it as this was a "normal consumer" enquiry ABOUT the legalities of this. There were no accusations on it. All information was taken from public registers. I would be going mad now if I had to give up cause of the system. The system stinks.

I hope the authorities do look at this site every now and again and see what laws like this can do to an ordinary family living on the breadline.

Also should we have to have lawyers to write to the OFT or FSA or FOS?? They understand what we are saying surely. I thought they were there for the general public.

If people don't fight then nothing will ever change.
I don't know the laws, legalities etc but I do know of human decency..

you're right it is a loophole - if you remember I did suggest contacting her member of parliament - that along with contacting the OFT & FSA may be a way to have this sort of thing stopped in the future.

but what I am saying is for Di to be VERY cautious of putting anything to them in writing before consulting a solicitor - you have to agree in this case none of us on here are experts in this area - that's all I'm suggesting as I know what would happen when that letter is received by one of the directors is that they'll pass it to their solicitors who are paid to protect their clients. It's no good being upset with me I'm not the bad guy, I'm just trying to protect Di by pointing out what could happen and to consult an expert first

tiggrae

ednoni wrote: »

Hi all,

I was wondering if there was anyone out there that could help me.

As previously mentioned, I went to court with Creation and they failed to provide a defence. I have therefore issued a judgement to them to refund all my PPI money 22 days ago.

I phoned Creation today and they stated that the matter was with their lawyer, who is in meetings/conference and will call me on Monday or Tuesday.

This has worried me a bit now as I was under the impression that the judgement by default is a final judgement and that they should pay me the monies owed immediately.

Does anybody know anything different? Are they still within any rights not to pay me?

Any help would be appreciated.

as marshallka says they will probably be applying to have this set aside - you have two choices here - you can immediately obtain a Warrant of Execution for bailiffs to enter the premises and seize goods at a cost of £40 or wait about 10 days to see if they do have it set aside - the problem is that is you go for a warrant and they do set it aside you lose your £40 !!!!

marshallka

tiggrae wrote: »

you're right it is a loophole - if you remember I did suggest contacting her member of parliament - that along with contacting the OFT & FSA may be a way to have this sort of thing stopped in the future.

but what I am saying is for Di to be VERY cautious of putting anything to them in writing before consulting a solicitor - you have to agree in this case none of us on here are experts in this area - that's all I'm suggesting as I know what would happen when that letter is received by one of the directors is that they'll pass it to their solicitors who are paid to protect their clients. It's no good being upset with me I'm not the bad guy, I'm just trying to protect Di by pointing out what could happen and to consult an expert first

I know tiggrae but you also said that the one thing that Di wants (her money) she is unlikely to get. Its just not worth the hassel if all she is doing in writing to the FSA and OFT is thought of as (even just writing to them is enough as the directors could easily read this) libel.

I did not see anything libel in the letter that she would have sent to them as a courtesty. All from public knowledge. She was not actually making accusations.

tiggrae

marshallka wrote: »

Di, really I do not know. Reading what tiggrae wrote last night then apparently its not worth informing anyone as it could been seen as trying to close a perfectly legit company down and you may be wasting your time here. I would ask her again but cannot comment here.

I wrote my piece earlier on this but seems to me I may be only one thinking like this and that the law and legal system think different so maybe I have a warped mind. I am not a legal person at all but tiggrae is so perhaps listen to her here. It may all be for nothing and also you could be seen as trying to close the company down rather than fighting for your rights.

I saw this as fighting for change and also fighting for what is YOURS.

I think you've mis understood - I do think it's worthwhile contacting the FSA & OFT because I think they've done exactly what you're saying - what I don't think you should do (at the moment) is contact them direct - consult an insolvency expert and let them advise you to see if there is ANY possiblity of obtaining redress !!!

di3004

Thanks both you have been amazing.;)

I decided not to write to the directing company and see what happens when the OFT gets involved if they do decide to that is of course, it would be good to see them resolve this, and take it from there.;)

tiggrae

gardenrose wrote: »

Ppi Reclaim
Hi I am knew to this forum. I would appreciate some advice. I sent a letter to Barclays on 28th May, about reclaiming ppi. I had a letter back to say they had recieved it. I then heard nothing for about 8 weeks. Then I had a letter to say that they were still looking into my case. 4 weeks ago I had a phone call from Barclays on a Sunday morning:cool: they had a few questions to ask me. I answered as well as I could, considering the initial loan I took out was 7 years ago. I was told I would be hearing from them very soon.

Well I havent heard back from them as of yet.:mad: :mad:
Any suggestions will be well appreciated.

to be honest I wouldn't speak to any of the them over the phone and certainly wouldn't answer any of THEIR questions over the phone - the call will probably be recorded and THEIR questions may be designed is such a way as to make it seem you wanted the PPI - for anyone one here if you are contacted by phone I would suggest you tell them you've been advised not to speak to them and for them to put their questions in writing !

I know I'm probably being paranoid here - but I really do think they're out to get us !!! - or not pay back what they should

gardenrose

tiggrae wrote: »

to be honest I wouldn't speak to any of the them over the phone and certainly wouldn't answer any of THEIR questions over the phone - the call will probably be recorded and THEIR questions may be designed is such a way as to make it seem you wanted the PPI - for anyone one here if you are contacted by phone I would suggest you tell them you've been advised not to speak to them and for them to put their questions in writing !

I know I'm probably being paranoid here - but I really do think they're out to get us !!! - or not pay back what they should

I was a bit bothered when they phoned. They did not catch me at a good time either, I had just been talking to a friend who is terminally ill. So I cant really remember what I told them. I certainly had problems trying to recall things from 7 years ago!!!

But I will take on what you have said and hopefully things will now move forward.

Thank you

gardenrose

di3004 wrote: »

Hi there hun.
I think there were also some replies to your post on here yesterday too hunni, you may have missed, but I do know that realistically everything should be in writing, so write a quick letter and tell them you have heard nothing and will be contacting the information commissioners office here
http://www.ico.gov.uk/complaints.aspx

In my opinion they are using stalling tactics, so hun, get back to them by via email and/or letter to tell them you can wait no longer, and also get in touch with the FOS here
http://www.financial-ombudsman.org.uk/contact/index.html

Explain your situation to them and see if they would be able to look at your complaint now because of the 8 weeks that have already passed, explain everything and with a bit of luck they will be able to advise you from there, but other than that personally I would not speak to them over the phone, as you also need as much written information as possible to back your case if this does go as far as the FOS.
They may try fobbing you off on the phone.

I did say at first yesterday to call them hun but do not bother and check out the other replies to this, it may be a few pages back but I do know there are some.

Please let us know how you go, thanks.;)

Di.
x

Thank you Di

I will start these things in motion today. Your advice has been very helpful. I am a bit of a dinosaur with comps so please bear with me:o

I will keep you updated on how I get on

di3004

gardenrose wrote: »

Thank you Di

I will start these things in motion today. Your advice has been very helpful. I am a bit of a dinosaur with comps so please bear with me:o

I will keep you updated on how I get on

lol, you will be fine hun and now on the right track.:D
We have all been there and still dealing with current ones too, and there always seems to be hiccups on the way but it will soon sort out.

Good luck then and we look forward to hearing the update.;)

Di.
x

gardenrose

Message for Di3004 & tiggrae:D

I have contacted the fos, and they are sending a letter to Barclays for me. As you know it can take up to 8 weeks, for them to reply.

Fingers x they will move them into action:rolleyes:

Will let you know as soon as I hear back.