PPI Reclaiming discussion Part II

m.colak

marshallka wrote: »

thanks for the support m colak, you are great for always being there:A

I will now have to wait for a response to my complaint that i have sent in about the settlement and i now stand by the letter i did yesterday as they cannot say i have not stated exactly what my complaint is about can they. If they then write back with a "no" cannot help then its the court route i thinks. Lets hope they don't.. fingers crossed and having read my letter yesterday do you think they will dismiss it or uphold it. (i want your true gut feeling - not the ones to make me feel better;) )

If the case ran into the time period when they were regulated by the FOS then yes the complaint can be fully investigated by the FOS as the terms and conditions had changed and the company never informed you of this. You letter was very specific (and very angry:rolleyes:). I can't see how they can refuse or say that they can't investigate it in that case, which is what i believe that the adjudicator has stated. Therefore on the disproportional rebate yes i believe you could get this back via the FOS however it leaves the case of the PPI which in reality you won't be able to claim back until you see the results of the investigation into the rule 78 as this might significantly reduce the figure that you will actually be able to claim. Hope this is a better answer for you.

Will let you into a secret: On all my reclaims i have gone down the court route. Although the FOS do a good job I know i could do myself a better one taking it too court. In all case's so far i have got exactly what i asked for which is the aim of the game in the end.

marshallka

m.colak wrote: »

If the case ran into the time period when they were regulated by the FOS then yes the complaint can be fully investigated by the FOS as the terms and conditions had changed and the company never informed you of this. You letter was very specific (and very angry:rolleyes:). I can't see how they can refuse or say that they can't investigate it in that case, which is what i believe that the adjudicator has stated. Therefore on the disproportional rebate yes i believe you could get this back via the FOS however it leaves the case of the PPI which in reality you won't be able to claim back until you see the results of the investigation into the rule 78 as this might significantly reduce the figure that you will actually be able to claim. Hope this is a better answer for you.

Will let you into a secret: On all my reclaims i have gone down the court route. Although the FOS do a good job I know i could do myself a better one taking it too court. In all case's so far i have got exactly what i asked for which is the aim of the game in the end.

Don't i only have 6 months from the date of my original complaint though. Should i ask the FOS to fast track as i need all the info for another complaint through the courts...;)

Also m colak is the Financial services and markets act not 2000 instead of 1997. I looked that one up and it looks like this act was in 2000 (June)

Ps again.... i think i ought to set up another site as i seem to be hogging this one.

rosemahairy

m.colak wrote: »

Rule 78 is the method that companies use to work out how much to rebate people if they settle their policy earlier. It was always disproportional and always in favour of the company often overcharging the customer drastically.

ah right! I have 1001 problems with direct auto finance (yes car crapit) i spotted a problem with the ppi rebate aswell few days ago. On my agreement is £3268 ppi inc interest (lump sum) for the 48months of the loan. I returned the vehicle though as per my agreement after 18 months but they are still chasing me for the full amount of the ppi added (no ppi refund at all applied) This is the rule 678 thing isnt it then? I should have some kind of rebate? The whole thing needs to be voided really but this is another arguement i have got isnt it?

m.colak

marshallka wrote: »

Don't i only have 6 months from the date of my original complaint though. Should i ask the FOS to fast track as i need all the info for another complaint through the courts...;)

Also m colak is the Financial services and markets act not 2000 instead of 1997. I looked that one up and it looks like this act was in 2000 (June)

Ps again.... i think i ought to set up another site as i seem to be hogging this one.

I might have got the date wrong:o i might be thinking of something else again. Where did you get six months from?

marshallka

m.colak wrote: »

I might have got the date wrong:o i might be thinking of something else again. Where did you get six months from?

I thought you had six months to bring a complaint to court from the date you originally complained.

m.colak

rosemahairy wrote: »

ah right! I have 1001 problems with direct auto finance (yes car crapit) i spotted a problem with the ppi rebate aswell few days ago. On my agreement is £3268 ppi inc interest (lump sum) for the 48months of the loan. I returned the vehicle though as per my agreement after 18 months but they are still chasing me for the full amount of the ppi added (no ppi refund at all applied) This is the rule 678 thing isnt it then? I should have some kind of rebate? The whole thing needs to be voided really but this is another arguement i have got isnt it?

Ok this comes under unfair terms and conditions. Because the policy is sold seperately they believe that policy still stands i would seek the paperwork relating to the information about the write off of the outstanding debts from this you can start quering why the PPI premium wasn't stopped when the car was returned. The rule 78 should no longer be used by any company and usually relates to loan settled prior to 2006 (however yes their might be a few instances left outstanding). I would ask the company on what basis they are still charging you PPI as you no longer have the policy and vehicle and therefore if it was a single premium policy then draw their attention to the OFT/FSA recent ruling's on single premium policy and that there PPI policy is no longer valid nor wanted.

m.colak

marshallka wrote: »

I thought you had six months to bring a complaint to court from the date you originally complained.

No the statute of limitations still stands as six years from either the end of the policy or when you become aware. Therefore you have within that time limit to bring the matter to court.

rosemahairy

I have had CAB complaining about my ppi with Direct auto finance and they have thus sent it to the FOS as like me got no where. Howevr, Direct legal and collections rang me on friday saying after 14days they were applying for a CCJ to attach the debt £3000+ to my mortgage. I told them that myself and CAB had referered the matter to the FOS because i feel i owe them nothing its all PPI which was misssold and cancelled etc etc etc. I told DLC that the FOS would definately take more that 14days to resolve as they were dealing with a high volume of complaints. Can they go ahead with the attachment to my home anyway? What does this mean? My partner is going crazy as its his home too? How can they put a claim to my home when i not only dont owe the money but i have a professional body the FOS investigating? Anyone know where i stand its very upsetting

m.colak

rosemahairy wrote: »

I have had CAB complaining about my ppi with Direct auto finance and they have thus sent it to the FOS as like me got no where. Howevr, Direct legal and collections rang me on friday saying after 14days they were applying for a CCJ to attach the debt £3000+ to my mortgage. I told them that myself and CAB had referered the matter to the FOS because i feel i owe them nothing its all PPI which was misssold and cancelled etc etc etc. I told DLC that the FOS would definately take more that 14days to resolve as they were dealing with a high volume of complaints. Can they go ahead with the attachment to my home anyway? What does this mean? My partner is going crazy as its his home too? How can they put a claim to my home when i not only dont owe the money but i have a professional body the FOS investigating? Anyone know where i stand its very upsetting

The only thing you can do is attend the hearing or send a letter and plead your case and let them know that the FOS is currently investigating the problem however resolution may take its time and until then you wish for the case to be on hold until such resolution has occurred.

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex326_0405.pdf

or alternatively you could counter sue for emotional stress and the PPI payments previously made under the terms of unfair terms and conditions. However i would go with pleading your case and make sure you inform FOS what is happening.

rosemahairy

m.colak wrote: »

The only thing you can do is attend the hearing or send a letter and plead your case and let them know that the FOS is currently investigating the problem however resolution may take its time and until then you wish for the case to be on hold until such resolution has occurred.

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex326_0405.pdf

When i get the court letter is it going to be one where i get to put in a counterclaim? I have done one of them before and i never heard anything again. I will do as you say and let the court know the FOS are investigating. Do you think i should put in a counterclaim though with my arguements they are:
1 the saleman told me the insurances were the law at the point of sale when i queried y they were added
2 I telephoned and wrote to them within 10 days of the point of sale (i have a copy of the letter sent) saying i wanted all the insurances cancelling and removing as i knew the saleman had lied to me.
3 The car was returned after 18months as allowed in the agreement but no refunds for ppi have been applied (even though it should have been removed totally) rule 78 thing
4 commisions were paid between parties for the sales of the insurance but none of this info appears in the credit agreement (wilson and another vs Hurstanger)
5 The insurances were not sold in my interests, they were useless if i did require a claim as my employment at the point of sale was self employed and the other i had only been in for 5months (t+c says needs to be 12month continuous)
What do you reckon i have various good issues i think? You have been to court will they eat me alive a little fish and all that?