PPI Reclaiming discussion Part II

Horace

Well, I have perused the Financial Ombudsman's website and have now submitted a complaint form about Amex seen as they told me that their decision not to pay me all the RPI that they have taken since 2003:eek:

Thanks must go to Martin, because I would never have known that I could claim it back:j

marshallka

M Colak, I have not been on here much today but notice that you replied with my ppi claim that my claim is with Freedom FInance. I still dispute their involvance in my ppi as it was only added after my acual application and it was a firstplus policy. I have noted this with the FOS too. I have not received my SAR from Freedom but expect it any time in which case i will then go down the court route although they have (Freedom that is) passed my complaint to Gibraltar and i have received a reply from them saying that it was sold fair and right and a final response. Where do i start now. This court business is scary.

Firstplus have written that all phone calls prior to oct 00 (our loan was jan 00) cannot be given as they did not have a recording facility. The first paperwork i have is a fax from "lowcostloans.co.uk" to ask for the land registry. I googled lowcostloans and this brings me to Freedom Finance website.

Shall i write again to Freedom about this matter and if so what shoud i put.(remember i have had a final response from Bespoke Finance)

m.colak

marshallka wrote: »

M Colak, I have not been on here much today but notice that you replied with my ppi claim that my claim is with Freedom FInance. I still dispute their involvance in my ppi as it was only added after my acual application and it was a firstplus policy. I have noted this with the FOS too. I have not received my SAR from Freedom but expect it any time in which case i will then go down the court route although they have (Freedom that is) passed my complaint to Gibraltar and i have received a reply from them saying that it was sold fair and right and a final response. Where do i start now.

Marshallka when you took out the loan was the PPI mentioned at all. If so then they brokered the deal. It doesn't matter if it was included then later or next week. The facts are you got a loan to which ppi was added Firstplus completed the paperwork and sold/brokered the PPI acting as an intermediary and therefore are responsible. Analogy:

Company 1 sells you 2000 units of electronics them mention you can have it pre-packaged although don't tell you:

a. Its going to be sub-contracted
b. Ask if you need it

You are not happy with the packaging. Whom do you hold responsible? The company that packages the goods (whom you have had no contact with) or the company you original bought the items from?

Edit: Sorry was getting confused again you got the loan through firstplus whom subcontracted to freedom finance whom subcontracted to Bespoke yes?

Kaia_2

marshallka wrote: »

M Colak, I have not been on here much today but notice that you replied with my ppi claim that my claim is with Freedom FInance. I still dispute their involvance in my ppi as it was only added after my acual application and it was a firstplus policy. I have noted this with the FOS too. I have not received my SAR from Freedom but expect it any time in which case i will then go down the court route although they have (Freedom that is) passed my complaint to Gibraltar and i have received a reply from them saying that it was sold fair and right and a final response. Where do i start now. This court business is scary

Marshallka
I had my SAR back from GE Money(lender) regarding my Freedom loan on Friday, on the Insurance details it states the seller of the PPI as Wilmslow Financial Services Lt.( another name for Freedom)
it will be interesting to see whats on yours.... I hope that you will soon be able to untangle this farce they created.
Please make sure to complain to the Competition Comissioners, did you see the link I added , they are keen to hear all stories and complaints.
You deserve to get JUSTICE! I really feel for you in your situation.

clairey22

Laini wrote: »

have they sent their final response cos if its not the FOS wont deal with it until you have that in writing
have you sent a SAR
Laini xx

Hi Laini,
Yes I sent a SAR and got all my statements back from them. They didnt have a copy of the agreement (and I don't have one either) but the loan statements show the PPI added onto the total amount of the loan as a lump sum.

Their letter did not say it was the final repsonse, so I want to try one more letter before going to the Ombudsman.

I want it to be a really good letter, so any help would be appreciated.

I want to highlight the points that:

I wasn't told the insurance was optional
The insurance was added to the loan as a lump sum
the first insurance premium wasnt refunded when I took out the 2nd loan

I want to put the legal reasons why these are not allowed. So any help with that would be great.

Thanks
Claire

marshallka

m.colak wrote: »

Marshallka when you took out the loan was the PPI mentioned at all. If so then they brokered the deal. It doesn't matter if it was included then later or next week. The facts are you got a loan to which ppi was added Firstplus completed the paperwork and sold/brokered the PPI acting as an intermediary and therefore are responsible. Analogy:

Company 1 sells you 2000 units of electronics them mention you can have it pre-packaged although don't tell you:

a. Its going to be sub-contracted
b. Ask if you need it

You are not happy with the packaging. Whom do you hold responsible? The company that packages the goods (whom you have had no contact with) or the company you original bought the items from?

Edit: Sorry was getting confused again you got the loan through firstplus whom subcontracted to freedom finance whom subcontracted to Bespoke yes?

Yes, thats right. My SAR from the lender (Firstplus) shows no mention on anything of Freedom Finance (only a copy of the fax stating lowcostloans.co.uk). The copy of the agreement is Firstplus and no mention of anyone else and the actual application is a copy with no name on whatsoever (not even Firstplus). All i know is that Firstplus say that Freedom Finance sold the ppi and then Freedom Finance say that they were selling it for their umbrella company Bespoke finance and they are based in Gibraltar and even if i win with them i cannot enforce it as baliffs uk baliffs cannot go into there.

I have not been sent anything about the Insurance at all, not one single detail only that it was added and copies of the terms and conditions.

Also i have requested a SAR from Freedom Finance and they replied asking for proof of identity to which i sent and they have not sent anything yet.

m.colak

marshallka wrote: »

Yes, thats right. My SAR from the lender (Firstplus) shows no mention on anything of Freedom Finance. The copy of the agreement is Firstplus and no mention of anyone else and the actual application is a copy with no name on whatsoever (not even Firstplus). All i know is that Firstplus say that Freedom Finance sold the ppi and then Freedom Finance say that they were selling it for their umbrella company Bespoke finance and they are based in Gibraltar and even if i win with them i cannot enforce it as baliffs uk baliffs cannot go into there.

I have not been sent anything about the Insurance at all, not one single detail only that it was added and copies of the terms and conditions.

Nothing to worry about then as i'm sure if you check where your payments were going to i bet it was into firstplus's coffers and therefore its them you claim against.
Send a letter to Firstplus:

In accordance with the consumer credit act 1967 you are held by law responsible for the selling/brokering of the insurance product provided by Bespoke Finance (Sub contracted by Freedom Finance) and therefore are by law liabable for the mis sold policy in line with the foremention act. To that end i shall be proceeding with a court case where i shall prove that the policy wasn't in my best interest and your company mis sold this insurance policy in direct violation to the Misrepresentation Act (quote date). Unless i receive either an offer of a premiums/interest and statuatory interest rebate/refund or further aknowledgement that you will be investigating the complaint properly, with a time limit of no more than 28 days, i will file the case. This is your last oppotunity to respond in relation to this case and if i fail to receive notification of a rebate/refund or further investigation within 14 days I will take it as your final response.

Yours faithfully,

Marshallka

Kaia_2

marshallka wrote: »

Yes, thats right. My SAR from the lender (Firstplus) shows no mention on anything of Freedom Finance (only a copy of the fax stating lowcostloans.co.uk). The copy of the agreement is Firstplus and no mention of anyone else and the actual application is a copy with no name on whatsoever (not even Firstplus). All i know is that Firstplus say that Freedom Finance sold the ppi and then Freedom Finance say that they were selling it for their umbrella company Bespoke finance and they are based in Gibraltar and even if i win with them i cannot enforce it as baliffs uk baliffs cannot go into there.

I have not been sent anything about the Insurance at all, not one single detail only that it was added and copies of the terms and conditions.

Also i have requested a SAR from Freedom Finance and they replied asking for proof of identity to which i sent and they have not sent anything yet.

Marshallka, I think that says it ....thats your answer.....Freedom finance say that they were selling it for bespoke......it doesnt matter......THEY SOLD IT, so it IS Freedom you need to go after.

marshallka

which one here folks, FREEDOM or FIRSTPLUS. m colak says firstplus and Kaia says Freedom.

m.colak

Kaia wrote: »

Marshallka, I think that says it ....thats your answer.....Freedom finance say that they were selling it for bespoke......it doesnt matter......THEY SOLD IT, so it IS Freedom you need to go after.

No Kaia the loan and relevant PPI was brokered by Firstplus, they are responsible in the eyes of the law. Imagine you asked to be covered be Firstplus for falling rocks and they passed it on to freedom finance that you wanted cover for falling trees. It is the inital transfer of information from one company to another. What would have happened is a commision would have been paid by bespoke to freedom whom then paid a commision to firstplus. Firstplus are receiving the money from her and have mis sold the policy nobody else.

Easier example:

You go to a Independant mortgage broker whom brokers the deal for a new mortgage. You later discover that the mortgage deal is absolutely not in your best interest. Who's responsibility was it to make sure you got the best deal?