PPI Reclaiming discussion Part II

marshallka

anticlaus105 wrote: »

I did start a seperate thead for this but was advised to post here so will and will monitor both. I will post everything so it's up to date.

I submitted a calim for re-payment of PPI taken out with a Feb 2003 Natwest loan last March. I was told I couldn't have the loan without it and was self-employed at the time and the person selling it knew this.

After 7 month I received a letter saying claim rejected as PPI was not taken out.

Why would I try to re-claim PPI if this was the case? I have just faxed copies of original loan and loanguard apllication (spent 3 hours digging documents out of attic) and copies of statement to RBS PPI reclaim team.

My 1st loan payment was Mar 03. I am nearing the 6 year point.

I have given them 1 week to sort this out or I will start a financial ombudsman or court claim. Reading the finacial ombusdman information it says it takes 6-9 months which would take it past 6 years.

Do I just take it straight to court? If I take it to the ombudsman and lose can I go to court after? I guess prob not and would be pointless. If I do go with the ombudsman and if the decsion came in nine months would this mean loosing some of the claim that was over 6 years old?

I am now unsure how to proceed if they don't settle ASAP.


Responses so far




My response:

You are on the right thread now;)

As you say that their recent letter actually ackowledges your letter of March 08 then I would get your claim into the FOS now and you should be OK for the dates. You just ring them up and ask for a claim form or download one from here
http://www.financial-ombudsman.org.uk/consumer/complaints.htm

You may have a response to your other letter but I would say that from March to now is plenty of time for them to respond.:eek:

Send everything recorded delivery now and keep the proofs of posting. You can tell the FOS that they have only just responded since March and if they take that length of time again to respond to your second letter then you will become time barred for making a claim.

Good luck

RiaAnn

marshallka wrote: »

I am no expert but these are always worth pursuing. When was this other loan taken out?? If they have offered to repay on the first two then why not the third..also how can you accept what you do know. I would demand to know before signing anything. Have you asked for the statutory interest too??

Does the letter for you to accept the first two say they will pay back the PPI you have paid, any interest and also statutory interest.? Usually they put you back into the position as if you never had the PPI at all?

Letters say they will pay back balance of premiums + interest. Have asked numerous times how this is calculated and that I understood 8% was standard and no response. Last letter stated wanted to be put back into position had we not taken out PPI and explained hence needed to know - but couldn't tell me. Anyone had the same from Lloyds and know how they calculated it?

On the third loan (taken out in 2002) they so appear to be being stubborn, despite the case for mis-selling (in my opinion) being better than the 2nd one! - It would incidently be the biggest payout. I seem to recall reading elsewhere that sending out docs with the PPI boxes filled in was frowned upon. Is there any ruling or legisatation I can quote to them to support this?

marshallka

RiaAnn wrote: »

Letters say they will pay back balance of premiums + interest. Have asked numerous times how this is calculated and that I understood 8% was standard and no response. Last letter stated wanted to be put back into position had we not taken out PPI and explained hence needed to know - but couldn't tell me. Anyone had the same from Lloyds and know how they calculated it?

On the third loan (taken out in 2002) they so appear to be being stubborn, despite the case for mis-selling (in my opinion) being better than the 2nd one! - It would incidently be the biggest payout. I seem to recall reading elsewhere that sending out docs with the PPI boxes filled in was frowned upon. Is there any ruling or legisatation I can quote to them to support this?

Similar thing happened to me with regards to four loans. They have offered to repay on one (the smallest) as goodwill. I am fighting all with the FOS. They are so sly aren't they.:mad:

You may now have to take the third one to the FOS if they really will not give in but should have a better chance with them repaying the first two. I don't know what to say about the signing and agreeing to the amounts without knowing the amounts . You will have to post the figures up here and let someone check them for you. Also make sure that by settling the first two there is no clause whereby it means that any complaint in the future that you have with them is included. You have to be very careful.

di3004

marshallka wrote: »

At least now they have advertised and it is moving. It is usually a few months I think but like Di with Click it could be longer. Will take a look what it actually says in the Gazette.

Meeting ot the creditors 28th September
Resolutions for Winding-up 14th October
Appointment of Liquidators 14th October

Lol, I think you mean Twopart/eloan not Click lol:rotfl: .....:D . x

marshallka

di3004 wrote: »

Lol, I think you mean Twopart/eloan not Click lol:rotfl: .....:D . x

Click took forever to liquidate didn't they...
From when they advertised
Over one year...

di3004

pinknico wrote: »

Yes it says they have appointed the liquidators this week, so I assume they will have the information the FCSC need to see if they have any money for claims. I am just wondering why Picture has been listed at the FSCS but Di's hasn't. There must have been different circumstances.

Hi hun
Not certain really but as I was informed that Twopart/eloan had liquidated in May 2008, that another company were running it called Essex County Loans limited, these have also liquidated according to the liquidators and believe these were added in the London Gazette already, I know Twopart/eloan have, will double check on Esssex county loans.
Maybe that is why - I do not really know for sure.;)

di3004

marshallka wrote: »

Click took forever to liquidate didn't they...
From when they advertised
Over one year...

Yes they did considering that was in 2006, the FSCS cannot deal with these though as they were not covered when I had the loan from them....:rolleyes:.

Didn't we not already see that Twopart/eloan in the Gazette a few weeks ago and them of Essex county loans last week of was that one just about a meeting of some sort

di3004

This is what I have on Twopart - eloan: From London Gazette............


Date: 28 May 2008 Issue Number: 58709 Page number: 8034 Publication Date: Wednesday, 28 May 2008

Notice Code: 2443

Appointment of Liquidators

Company Number: 04951552.

Name of Company: TWOPART LIMITED.

Trading Name: e-loan.co.uk.
Nature of Business: Secured Loan Brokers.
Type of Liquidation: Creditors.
Address of Registered Office: The Old Exchange, 234 Southchurch Road, Southend-on-Sea, Essex SS1 2EG.

Liquidators' Names and Address: Lloyd Biscoe and Mark Robert Fry, both of Begbies Traynor, The Old Exchange, 234 Southchurch Road, Southend-on-Sea, Essex SS1 2EG.

Office Holder Numbers: 009141 and 008588.
Date of Appointment: 20 May 2008.
By whom Appointed: Members and Creditors.
(531753)
.........................................................................................................................

Then if its right that essex county loans had taken over although the liquidators had taken over Twopart, here is what I found on the gazette about these


Date: 22 September 2008 Issue Number: 58830 Page number: 14450 Publication Date: Monday, 22 September 2008

Notice Code: 2442

Meetings of Creditors

ESSEX COUNTY LOANS LIMITED

(t/a Just Money)
(Company Number 06330574)
Notice is hereby given, pursuant to section 98 of the Insolvency Act 1986, that a Meeting of the Creditors of the above-named Company will be held at The Old Exchange, 234 Southchurch Road, Southend-on-Sea, Essex SS1 2EG, on 8 October 2008, at 11.00 am, for the purposes mentioned in sections 99 to 101 of the Act. Creditors wishing to vote at the Meeting must lodge their proxy, together with a statement of their claim at the offices of Begbies Traynor Begbies Traynor (South) LLP, The Old Exchange, 234 Southchurch Road, Southend-on-Sea, Essex SS1 2EG, not later than 12.00 noon on day prior to the Meeting. Notice is further given, pursuant to section 98(2)(a) of the Act, that Lloyd Biscoe of Begbies Traynor (South) LLP, The Old Exchange, 234 Southchurch Road, Southend-on-Sea, Essex SS1 2EG is a qualified Insolvency Practitioner who will furnish Creditors with such information as they may reasonably require during the period before the day on which the Meeting is to be held.
By Order of the Board.

Director


15 September 2008.

(618521)

di3004

Came across Picture from the London Gazette:.........


Date: 14 October 2008 Issue Number: 58851 Page number: 15729 Publication Date: Tuesday, 14 October 2008

Notice Code: 2443

Appointment of Liquidators

Company Number: 05102088.

Name of Company: PICTURE FINANCIAL SERVICES PLC.

Nature of Business: Provider of Consumer Loans.
Previous Name of Company: Picture Financial Services Limited, De Facto 1117 Limited.
Type of Liquidation: Creditors.
Address of Registered Office: Hill House, 1 Little New Street, London EC4A 3TR.

Liquidators' Names and Addresses: Nicholas James Dargan and Nicholas Guy Edwards, of Deloitte & Touche LLP, PO Box 810, 66 Shoe Lane, London EC4A 3WA and Richard Michael Hawes, of Deloitte & Touche LLP, Blenheim House, Fitzalan Court, Newport Road, Cardiff CF24 0TS.

Office Holder Numbers: 008024, 008811 and 001310.
Date of Appointment: 06 October 2008.
By whom Appointed: Members and Creditors.
(634166)

di3004

Companies house info:


Name & Registered Office:
PICTURE FINANCIAL SERVICES PLC
C/O DELOITTE & TOUCHE LLP
HILL HOUSE 1 LITTLE NEW STREET
LONDON
EC4A 3TR

Company No. 05102088


Status: Liquidation

Date of Incorporation: 14/04/2004

Country of Origin: United Kingdom

Company Type: Public Limited Company
Nature of Business (SIC(03)):
6522 - Other credit granting
Accounting Reference Date: 31/03
Last Accounts Made Up To: 31/03/2006 (FULL)
Next Accounts Due: 31/10/2007 OVERDUE
Last Return Made Up To: 14/04/2008
Next Return Due: 12/05/2009
Last Members List: 14/04/2008