PPI Reclaiming discussion Part II

di3004

More news/store-cards PPI complaints.


http://www.dailymail.co.uk/news/article-1076036/Government-orders-clampdown-rip-store-cards-insurance-500-complaints-week.html

kazc_2

Thanks very much Di, much appreciated.
k

di3004

kazc wrote: »

Thanks very much Di, much appreciated.
k

No problem hun, just don't give in to them, I'm sure you will get through this.
Please keep us updated on this hun cheers.;)

Laini another helpful member here is awaiting her outcome of these at the moment where the FOS are dealing with her's right now, but I do know she will have a good outcome and you will do too eventually.:beer:

Di.
x

marshallka

Right, just had a letter from the Ombudsman today dated 8th October, 2008 and stating that they have written to Barclays Firstplus about a complaint of section 78 of the CCA used to settle the loan:eek: and asking for a final response from them.

I cannot believe this. Forget about my complaint in May of this year where it got to an adjudicator and then they said it fell outside jurisdiction. (although one of my complaints was about unfair rebate as i thought and did come under jurisdiction as they were GISC members in November, 2001. )

I then as you know sent one in about unfair rebate again but against Barclays t/a Firstplus. Next i emailed (only once) to ask if i could add to that complaint about unfair settlement of the actual loan and unfair penalties (use of rule 78). This email was sent on 15th September, 2008 and I never got a reply. I then called them and asked and was told "send it in under another complaint" to which I did on 23rd September, 2008. I then received an acknowledgement on 25th September to the seperate complaint.

However, today I have received a letter stating that another complaint of use of section 78 of the CCA was used to settle my loan and that they have written to FIrstplus on my behalf about this. I could not believe this.

Section 78 of the CCA is about requesting a copy of your agreement:eek: . I have not ever used section 78 of the CCA in any complaint, only rule 78 and unfair terms. In fact during my call to them today about this I was told section 78 of the CCA is about the same thing . I then looked it up on the computer while on the phone and read her what it meant. She could then see the mistake and has assured me that she will call me back after making some enquiries.

I rang them and they told me there are 6 complaints set up about them. Each time I emailed to the ref number of the first complaint about unfair rebate they have set up another. I have complained today and told them they have now most probably messed the whole complaint up and that I will be laughed at by FIrstplus as they have actually sent them a letter (although I have sent in final responses about both complaints myself) about use of the CCA 78 in my settlement and asked them for a final response.

I look at this as worth a few grand but to tell you the truth, I am beginning to think that the stress (and must add that some has been caused by the ombudsman here too) that this is causing me is just tooo much. This time i kept my complaint very simple and put unfair rebate of PPI policy. I have only rang about the progess of this and the only email extra to this was about the unfair settlement and whether I should send in another complant. I did call about this too but only once.

Something needs sorting with them I think and they need more staff as this has probably cost me a few grand too.

Apparently FOS are going to ring me back. I don't look at it that I have caused the problem here as I only sent in one NEW complaint (after it being thrown back) and it was CLEARLY marked "Unfair rebate of PPI policy". I emailed to the complaint number reference (the one for unfair rebate of PPI) on that complaint about asking if another complaint had to be sent in for the unfair loan settlement and did not have any ackowledgement of this email in near on two weeks so I called and asked them. I then sent in another complaint about the loan settlement and also added a final response too.

I FEEL LIKE SCREAMING HERE.

Have just found my emails to this that i sent in. Can anyone see anything wrong here.

Could I also add to this complaint about the rule of 78 being used in the settlement of our loan in that it breached the OFT unfair terms in consumer contracts regs because its an unfair penallty. My orginal complaint is of unfair rebate of the PPI and also the loan too if you are able to look into this.. If I need to go for a completely new complaint with this then would someone let me know asap. 15/09/08

Hi, with not having a response to this email I telephoned you and was told that i had to make a "seperate" complaint on this as this was about the settlement of the whole loan and not the unfair rebate of the PPI. I have therefore sent this in to you seperate as per the phone call and could you please adjust my notes accordingly. 24/09/08

I sent it in seperate on 23rd September, 2008 myself.

marshallka

Doddy03 wrote: »

Hi all am a newbie on here - have a problem with First Plus (I know I am one of many)!. we were sold a policy in august 2004 which included a figure of over £10,000 for PPI. We have used the first template letter and today have received a letter back stating that everything was explained to me in a telephone call on 16th August and that the ppi was an optional figure and that we signed the agreement as such. My husband is self employed and they are stating in this letter that the PPI does cover him. However, there is no mention of a later phone call to us saying that we would have to extend the loan period and have to take out the PPI in order to get the loan agreed. What do you think our next course of action should be? Any help woudl be much appreciated as I am sitting here absolutely fuming. Many thanks in anticipation.

Another letter to them to reiterate your complaint until you get a final response or until 8 weeks are up. You then can take your complaint to the FOS as FIrstplus were under jurisdiction in November 2001.

di3004

marshallka wrote: »

Right, just had a letter from the Ombudsman today dated 8th October, 2008 and stating that they have written to Barclays Firstplus about a complaint of section 78 of the CCA used to settle the loan:eek: and asking for a final response from them.

I cannot believe this. Forget about my complaint in May of this year where it got to an adjudicator and then they said it fell outside jurisdiction. (although one of my complaints was about unfair rebate as i thought and did come under jurisdiction as they were GISC members in November, 2001. )

I then as you know sent one in about unfair rebate again but against Barclays t/a Firstplus. Next i emailed (only once) to ask if i could add to that complaint about unfair settlement of the actual loan and unfair penalties (use of rule 78). This email was sent on 15th September, 2008 and I never got a reply. I then called them and asked and was told "send it in under another complaint" to which I did on 23rd September, 2008. I then received an acknowledgement on 25th September to the seperate complaint.

However, today I have received a letter stating that another complaint of use of section 78 of the CCA was used to settle my loan and that they have written to FIrstplus on my behalf about this. I could not believe this.

Section 78 of the CCA is about requesting a copy of your agreement:eek: . I have not ever used section 78 of the CCA in any complaint, only rule 78 and unfair terms. In fact during my call to them today about this I was told section 78 of the CCA is about the same thing . I then looked it up on the computer while on the phone and read her what it meant. She could then see the mistake and has assured me that she will call me back after making some enquiries.

I rang them and they told me there are 6 complaints set up about them. Each time I emailed to the ref number of the first complaint about unfair rebate they have set up another. I have complained today and told them they have now most probably messed the whole complaint up and that I will be laughed at by FIrstplus as they have actually sent them a letter (although I have sent in final responses about both complaints myself) about use of the CCA 78 in my settlement and asked them for a final response.

I look at this as worth a few grand but to tell you the truth, I am beginning to think that the stress (and must add that some has been caused by the ombudsman here too) that this is causing me is just tooo much. This time i kept my complaint very simple and put unfair rebate of PPI policy. I have only rang about the progess of this and the only email extra to this was about the unfair settlement and whether I should send in another complant. I did call about this too but only once.

Something needs sorting with them I think and they need more staff as this has probably cost me a few grand too.

Apparently FOS are going to ring me back. I don't look at it that I have caused the problem here as I only sent in one NEW complaint (after it being thrown back) and it was CLEARLY marked "Unfair rebate of PPI policy". I emailed to the complaint number reference (the one for unfair rebate of PPI) on that complaint about asking if another complaint had to be sent in for the unfair loan settlement and did not have any ackowledgement of this email in near on two weeks so I called and asked them. I then sent in another complaint about the loan settlement and also added a final response too.

I FEEL LIKE SCREAMING HERE.

OMG.........:eek: , so your still none of the wiser then hun ?
Are they supposed to be calling you back today ?

Yes your right, something needs sorting here, and its a lot of money to lose.......:mad: , I do really hope they sort this out for you hun, it seems so unfair that you have to go through all this, its been a tough time for you with this one I know.....:rolleyes: .

helnag

di3004 wrote: »

Hi there Helen
I am sure there has been successes here within the FOS of Welcome Finance, I do know Welcome again are not the easiest to argue againt (like them all really lol), but if you have a strong case where I am sure you have then you should also be successful and have yours upheld within the FOS.;)

I wish you luck anyway.;)

Di.
x

Thanks Di,

Just seems like a very long time!!! Wondered if other people have waited this long. It's a bit frustrating doing nothing but waiting.

Thanks again, gives me hope and stops me from losing sight!!!

Helen

di3004

helnag wrote: »

Thanks Di,

Just seems like a very long time!!! Wondered if other people have waited this long. It's a bit frustrating doing nothing but waiting.

Thanks again, gives me hope and stops me from losing sight!!!

Helen

Hi there Helen

Yes I know hun, its does drag on which seems like forever.

Unfortunately as I expect you are already aware, the FOS are over-run with these PPI complaints and not sure if you have had the chance to read through these posts but new adjudicators have been taken on due to the high volumes in these complaints.

To be honest hun, this can also depend on how complex the case is, for example mine had taken over a year (14 month to be precise) from start to finish but that one was about Nemo personal finance, as they were the ones holding it out really by using stalling tactics for when the FOS required further information, where they always requested for extra time.
However the ombudsman will only give them a certain time to get back anyway, as they need to get on.

Hopefully though now hun, now that they have recently taken on new adjudicators you may here sooner.;)

Don't forget if you have not heard for what you think is long enough lol, then either give them a ring or email, a telephone call would be the quicker option, they will then or should be able to tell you at what stage they are at now.

I wish you well hun and the very best in this complaint.

Di.
x

marshallka

di3004 wrote: »

OMG.........:eek: , so your still none of the wiser then hun ?
Are they supposed to be calling you back today ?

Yes your right, something needs sorting here, and its a lot of money to lose.......:mad: , I do really hope they sort this out for you hun, it seems so unfair that you have to go through all this, its been a tough time for you with this one I know.....:rolleyes: .

Di, i might as well give up on it. Its making me ill again and I feel like screaming. They NEVER reply to emails and I have added the only two I have ever sent about this complaint to my post above. I cannot see that I have done anything wrong this time. I am beginning to think that they are on the side of Barclays Firstplus here as they are stalling things and messing things up. They say they have 6 complaints about them in my name. That is complete and utter nonsense. If they mean about the time before then I did get things all mixed up and did not understand how the Ombudsman worked in that each thing had to be seperate. I orginally complained about the PPI selling (which i used section 76 of the CCA equal liability as per tiggrae, then i complained about unfair loan settlement and also unfair rebate. All those ones were closed some months ago. I then realised that I had to do all NEW complaints which in the phone call today she did say that all other complaints prior to this were closed but now I have 3 compaint ref numbers and apparently only one is being looked into and the others they have written to firstplus about and told them for me (???) that I want to complain about the use of section 78 of the CCA being used in the settlement of my loan????????

They have written it wrong the put section 78 of the CCA and not rule 78 which i already have a final response here for and have sent it into them.

They have really got my goat now. I don't know why they are doing this to me. Its so wrong. I am allowed to complain just like anyone else.

Its still waiting for an adjudicator and nothing has been done but they have made me look stupid and I know that FIrstplus are going to laugh at this one and then use it against me. Its the ombudsman fault here. They got the wording wrong, not me and also I had already sent a complaint in about this and got my own final response and also sent it into them.

di3004

marshallka wrote: »

Right, just had a letter from the Ombudsman today dated 8th October, 2008 and stating that they have written to Barclays Firstplus about a complaint of section 78 of the CCA used to settle the loan:eek: and asking for a final response from them.

I cannot believe this. Forget about my complaint in May of this year where it got to an adjudicator and then they said it fell outside jurisdiction. (although one of my complaints was about unfair rebate as i thought and did come under jurisdiction as they were GISC members in November, 2001. )

I then as you know sent one in about unfair rebate again but against Barclays t/a Firstplus. Next i emailed (only once) to ask if i could add to that complaint about unfair settlement of the actual loan and unfair penalties (use of rule 78). This email was sent on 15th September, 2008 and I never got a reply. I then called them and asked and was told "send it in under another complaint" to which I did on 23rd September, 2008. I then received an acknowledgement on 25th September to the seperate complaint.

However, today I have received a letter stating that another complaint of use of section 78 of the CCA was used to settle my loan and that they have written to FIrstplus on my behalf about this. I could not believe this.

Section 78 of the CCA is about requesting a copy of your agreement:eek: . I have not ever used section 78 of the CCA in any complaint, only rule 78 and unfair terms. In fact during my call to them today about this I was told section 78 of the CCA is about the same thing . I then looked it up on the computer while on the phone and read her what it meant. She could then see the mistake and has assured me that she will call me back after making some enquiries.

I rang them and they told me there are 6 complaints set up about them. Each time I emailed to the ref number of the first complaint about unfair rebate they have set up another. I have complained today and told them they have now most probably messed the whole complaint up and that I will be laughed at by FIrstplus as they have actually sent them a letter (although I have sent in final responses about both complaints myself) about use of the CCA 78 in my settlement and asked them for a final response.

I look at this as worth a few grand but to tell you the truth, I am beginning to think that the stress (and must add that some has been caused by the ombudsman here too) that this is causing me is just tooo much. This time i kept my complaint very simple and put unfair rebate of PPI policy. I have only rang about the progess of this and the only email extra to this was about the unfair settlement and whether I should send in another complant. I did call about this too but only once.

Something needs sorting with them I think and they need more staff as this has probably cost me a few grand too.

Apparently FOS are going to ring me back. I don't look at it that I have caused the problem here as I only sent in one NEW complaint (after it being thrown back) and it was CLEARLY marked "Unfair rebate of PPI policy". I emailed to the complaint number reference (the one for unfair rebate of PPI) on that complaint about asking if another complaint had to be sent in for the unfair loan settlement and did not have any ackowledgement of this email in near on two weeks so I called and asked them. I then sent in another complaint about the loan settlement and also added a final response too.

I FEEL LIKE SCREAMING HERE.

Have just found my emails to this that i sent in. Can anyone see anything wrong here.

Could I also add to this complaint about the rule of 78 being used in the settlement of our loan in that it breached the OFT unfair terms in consumer contracts regs because its an unfair penallty. My orginal complaint is of unfair rebate of the PPI and also the loan too if you are able to look into this.. If I need to go for a completely new complaint with this then would someone let me know asap. 15/09/08

Hi, with not having a response to this email I telephoned you and was told that i had to make a "seperate" complaint on this as this was about the settlement of the whole loan and not the unfair rebate of the PPI. I have therefore sent this in to you seperate as per the phone call and could you please adjust my notes accordingly. 24/09/08

I sent it in seperate on 23rd September, 2008 myself.

I can't see anything wrong here hun, its them, not you, they need to sort this out to stop all this confusion, and has Tiggrae been on yet today do you know? Maybe she will be able to confirm this marshallka hun, but you have done nothing wrong and surely they should have all this on record ??

I have a feeling on mine now.......:rolleyes: and that will be the 2nd return if that is the case