PPI Reclaiming discussion Part II

diddydiner

how do i get my letter on ppi thread

marshallka

diddydiner wrote: »

how do i get my letter on ppi thread

Do copy and paste if its from your documents...

Left click and highlight it all then right click and go to copy and go to your post on here and paste...

dreamer33

marshallka wrote: »

It can be over ridden sometimes I think by section 32

One of the exceptions to this rule is contained in section 32(1)(b) of the Limitation Act 1980 which provides that, where any fact relevant to a claimant's cause of action has been deliberately concealed from him by the defendant, the limitation period will not begin to run until the claimant has (or could have) discovered the concealment.
Section 32(2) provides that a deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty.

32 Postponement of limitation period in case of fraud, concealment or mistake

(1) Subject to [F1subsection (3)][F1subsections (3) and (4A)] below, where in the case of any action for which a period of limitation is prescribed by this Act, either—
(a)the action is based upon the fraud of the defendant; or
(b)any fact relevant to the plaintiff’s right of action has been deliberately concealed from him by the defendant; or
(c)the action is for relief from the consequences of a mistake;
the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.
References in this subsection to the defendant include references to the defendant’s agent and to any person through whom the defendant claims and his agent.
(2)For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty.
(3)Nothing in this section shall enable any action—

Soemtimes people can win using this section in letters only stating that you will begin court proceedings against them and meaning it. You have to write strong letters and quote the relevant acts to your case. Often they know you have a case strong enough and their solicitors advise them to pay up.

Have you requested the SAR from Firstplus or Freedom Finance??

SAR request received from both of them only phone calls from freedom finance missing, a call which could have definately won me a case in court, "the advisor called us to ask if we had signed the agreement, we told him no, he then said we would have to hurry up and sign because there were going to be changes and did not know if he could get us the loan. He knew how desparate we were.

I have also pointed out in my recent letter to the chief at freedom that I thought advisors were not meant to contact you for a period of 7days before signing an agreement to allow the customer time to think, this was not carried out, have asked why?

I believe without trying to be slanderous here that they have further telephone calls to back me up and have witheld them but its proving it. I have requested the calls again.

I asked for a trace on the advisors direct line and this is what they said:

"Unfortunately our telephone recording system is user specific and as the loan officer who dealt with your application has now left we have been unable to trace your calls".

To me the above is rubbish also wonder why he has left?

The dates on my written complaint letters are 2005. Complained to FISA 2004 also freedom.

FISA stated: In conclusion, whilst I accept that you may well not have agreed to the loan and or ppi had you been fully aware of all the terms, i have been unable to find any evidence that this was a result of misinformation or even deliberate lack of ino on the part of the broker.

I skimmed through the limitations act last night there is a lot of info there to take in, it can be quite daunting.

Also read info on tort web address above very interesting. Freedom definately carried out the agreement at the expensive of us.

Firstplus said could not find any calls blah blah

oscar52

Sorry to jump on the thread.

I posted this on DFW, but I think i may get a betetr response here. I wrote to A&L about my ppi on my loan a while ago, but got told i have to take out another loan. My original post is below (save typing it out again)

Thanks in advance

Following their massive fine earlier this month, is it worth writing to them to complian?

I did try this earlier, but got the usual speel of you have to take out another loan.

Given a&l pretty much admitted wrong doing, and my loan was taken out during 2005 is it worth a shot? I know A&L said they would write to the customers concerned, but should i really wait?

I tghink i would have a strong chance as i worked for a temp agency at the time, so woildnt have had full cover (if any)

dreamer33

Have case notes from freedoms diary tasks one states pls call mr at home wants a quote without ppi. I'm sure I could have them from these notes.

One note also states when we were having valuations done because I told them that if the loan did not cover all debt we would not be taking out the loan:

If it comes back the same (valuation) though she may need incentive to keep her on board.

marshallka

oscar52 wrote: »

Sorry to jump on the thread.

I posted this on DFW, but I think i may get a betetr response here. I wrote to A&L about my ppi on my loan a while ago, but got told i have to take out another loan. My original post is below (save typing it out again)

Thanks in advance

Following their massive fine earlier this month, is it worth writing to them to complian?

I did try this earlier, but got the usual speel of you have to take out another loan.

Given a&l pretty much admitted wrong doing, and my loan was taken out during 2005 is it worth a shot? I know A&L said they would write to the customers concerned, but should i really wait?

I tghink i would have a strong chance as i worked for a temp agency at the time, so woildnt have had full cover (if any)

Always worth a shot but they were only fined for telephone sales during the period of 2005 to 2007...

marshallka

dreamer33 wrote: »

Have case notes from freedoms diary tasks one states pls call mr at home wants a quote without ppi. I'm sure I could have them from these notes.

One note also states when we were having valuations done because I told them that if the loan did not cover all debt we would not be taking out the loan:

If it comes back the same (valuation) though she may need incentive to keep her on board.

What about the papers??? Media attention....Kaia was doing that and suddenly they paid up..

With your case its over 3 years since you first complained about this problem and then left it without taking it to court...

dreamer33

marshallka wrote: »

What about the papers??? Media attention....Kaia was doing that and suddenly they paid up..

I'm scared about slander, I have tried to find posts relating to the success of kaia to see how she went about it but can't find any and mcloak? think its spelt this way

dreamer33

marshallka wrote: »

What about the papers??? Media attention....Kaia was doing that and suddenly they paid up..

With your case its over 3 years since you first complained about this problem and then left it without taking it to court...

I know that is the only thing, thats why i was looking at the limitations act, to see if could try and prove that they were witholding info?

I have quoted the misrepresentations act to the chief.

Also could not afford court

marshallka

dreamer33 wrote: »

I'm scared about slander, I have tried to find posts relating to the success of kaia to see how she went about it but can't find any and mcloak? think its spelt this way

Slander in what way.. you are only telling the truth aren't you??