PPI Reclaiming discussion Part II

sahra

marshallka wrote: »

Ring and ask for a copy of the agreement to be sent to you. It sounds like it was missold. Have you ever requested a settlement figure.

Don't think we've asked for a settlement figure before Does this make a difference and would they know if we had?

marshallka

sahra wrote: »

Don't think we've asked for a settlement figure before Does this make a difference and would they know if we had?

You will know from a settlement if it was an upfront payment. Its usually more than you borrowed. Just ask for a copy of your agreement and you should be able to tell.

tiggrae

marshallka wrote: »

Ring and ask for a copy of the agreement to be sent to you. It sounds like it was missold. Have you ever requested a settlement figure.

were you told you had to have the PPI or was it just added on, if so then it was mis sold - write to them and tell them so, if you never received any documentation saying you could cancel at any time tell them this as well - you don't need a settlement figure to start a claim for mis selling - nor does the policy have to be an upfront single policy premium.

Laini

marshallka wrote: »

I have put this on my FOS claim form. It states that i think the settlement is unfair terms (although i have not stated the actual act) and also i have written that it was extortinate credit in my eyes. I have waffled on about the ppi thing as well but my main claim is the settlement was very unfair. The FOS did ask if i signed anything at the settlement and i said i did not think i had as my solicitor sorting the new mortgage (to pay these robbing B*****ds off) asked for the amount and paid by CHAPS.
I should let them have these letters i received on Saturday though shouldn't i as they have stated that an amount should of been deducted and was added.

Hi Marshallka
this might help too
We believe that the single premium policy sold to us essentially induced us as 'a reasonable people' to borrow more money, rather than simply pay a monthly fee for insurance. We also believe that it should have been made clear to us the said policy generated huge profits for First Plus at our expense. You failed to do so and in have failed in your "Duty of Disclosure" to us. As insurance contracts are basically Contracts Uberrimae Fidei (contracts of utmost good faith) which imposes a duty of disclosure of all material facts because one party, First Plus in this case, is in a strong position to know the truth. Your failure to disclose these facts to us is Negligent Misrepresentation under the Misrepresentation Act 1967 and as such under case law, the onus us upon you to prove otherwise.



this is what I put in a letter to FP
Laini xx:j

Laini

Darth_chaffinch wrote: »

Thanks again Tiggrae, I was one of those people who didn't open statements and buried my head in the sand for as long as possible!!

I owe you an e-pint!

we share the same sand pit too!!
still using it on a selective basis at the moment
Laini xx:o

rosemahairy

http://www.youtube.com/watch?v=YXSbmy-Jm6Q
sorry had to post this it cheered me up thought some other yes car credit haters might appreciate a smile too....

Laini

marshallka wrote: »

I need to first clarify what they have said. If you read my post before do they mean that this amount was deducted from the settlement but in fact they added it. I am reading it like they should of deducted it and tiggrae seems to think the same but i don;t want to give them chance to change things at their end. I would of thought the FOS is my first port of call. They will wriggle out of it otherwise.

Tiggrae is the expert not me so I am taking it she is agreeing with you so if you are really confident on this point I would say its a mistake on FP s part so why not ask them to explain in plain english on how they get to this figure or they need to do their sums again. as long as you question them about everything they have to prove they are right
always keep copies and date letters or emails just in case you have to send them to FOS at a later date to show what progress and results you have had from dealing with it on your own

marshallka

Laini wrote: »

Hi Marshallka
this might help too
We believe that the single premium policy sold to us essentially induced us as 'a reasonable people' to borrow more money, rather than simply pay a monthly fee for insurance. We also believe that it should have been made clear to us the said policy generated huge profits for First Plus at our expense. You failed to do so and in have failed in your "Duty of Disclosure" to us. As insurance contracts are basically Contracts Uberrimae Fidei (contracts of utmost good faith) which imposes a duty of disclosure of all material facts because one party, First Plus in this case, is in a strong position to know the truth. Your failure to disclose these facts to us is Negligent Misrepresentation under the Misrepresentation Act 1967 and as such under case law, the onus us upon you to prove otherwise.



this is what I put in a letter to FP
Laini xx:j

Laini, Firstplus are saying that they did not sell the policy to me. They say it was Freedom Finance and Freedom Finance say it was Bespoke Finance. I am trying to prove who actually sold it now by asking for a sar from Freedom as the one from Firstplus had no atual proof of this. Even if it was Firstplus that sold the policy then they were not regulated until 2005 and although Barclays owned them from november 2000 (i think) then our ppi is still not covered as none of these were regulated in janaury 2000. My only option available is the settlement way and unfair credit terms which at the moment lies with the FOS and it was only just over 2 weeks ago i sent it. I have mentioned the ppi as well so just have to see.

marshallka

Just digging the dirt on Firstplus again and come up with this. Although Barclays owned FIrstplus from august 2000 it was bought as part of the woolwich.

Barclay's acquired First Plus as part of its £5.4bn takeover of Woolwich, the former building society turned bank, in August 2000. Woolwich had itself bought First Plus in 1998 for about £25m after FirstPlus Financial, the Dallas-based parent company, ran into financial difficulties.

Were the woolwich regulated by anyone in jan 2000.

san77

hi,
I'm a newbie and unsure if sending messages to the right place
We have a secured loan with Welcome and i want to claim back ppi as it def was mis-sold but am a bit reluctant . Am worried that if they do give us the money back they might want all the loan repaid and i couldn' afford that. Thay always seem a bit 'rough and uncaring' to me. Any help and advice appreciated.

thanks