PPI Reclaiming discussion Part II

murphy1212

Received my cd from FP detailing my telephone conversations, listened to them carefully and quickly realised that there was certain calls missing!!

I contacted FP yesterday and spoke to the same guy i have been dealing with for the last month, i asked him straight away if there was any conversations missing from the cd, to which he replied quite possibly as they had only sent me certain transcript to do with my application!
I informed him that there certainly was not a 5 week gap in my conversations as per the cd, and on at least 3 occasions upon speaking to someone in the evening i refer to our conversation earlier that day that mysteriously is not taped!!
I told the guy that i catergorically remember not requiring ppi, but was told i had to take it to enable me to get the loan, i told him i remember clearly having this conversation on my mobile outside my office.
He has now run a report to trace all my calls from my mobile and will be contacting me this morning with his findings, and if found will escalate the case asap to senior management to get a quick resolution.
I will update once i have any news

marshallka

murphy1212 wrote: »

Received my cd from FP detailing my telephone conversations, listened to them carefully and quickly realised that there was certain calls missing!!

I contacted FP yesterday and spoke to the same guy i have been dealing with for the last month, i asked him straight away if there was any conversations missing from the cd, to which he replied quite possibly as they had only sent me certain transcript to do with my application!
I informed him that there certainly was not a 5 week gap in my conversations as per the cd, and on at least 3 occasions upon speaking to someone in the evening i refer to our conversation earlier that day that mysteriously is not taped!!
I told the guy that i catergorically remember not requiring ppi, but was told i had to take it to enable me to get the loan, i told him i remember clearly having this conversation on my mobile outside my office.
He has now run a report to trace all my calls from my mobile and will be contacting me this morning with his findings, and if found will escalate the case asap to senior management to get a quick resolution.
I will update once i have any news

hiya murphy, i too had calls missing from the tape that were in relation to my claim and although one shows on the transcript papers off their computer, my actual recordings are missing. I wrote back and they say they were not taped. They also said that all recording dating to the taking of the loan are missing as they did not have a recording facility. (yeah right:rolleyes: ). They are being very clever over what they give out to you. Let us know when you hear what they have to say. Also if you do have to contact the FOS then let them know this too as the more peeps that complain about what Firstplus are sending people out for their sars the better.

homer_j_3

angelwillow wrote: »

I contacted citizens advise when I first got into this mess and unfortunately they were pretty useless,they told me to go banktrupt aswell!
Not an option when I have a child who needs a roof over his head. :mad:

If your debt has been passed to a debt collection agency, I would write them a letter asking to see legal assignation of the debt to them and a copy of the fully executed credit agreement.

You need to send £1 for this and there is a letter somewhere on these forums that I will try and locate for you in a minute but you should not pay anything to the DCA until the can legally prove that they own the debt. I would also ask that they put any contact that they have with you in writing.

Dear Sir/Madam

I ACKNOWLEDGE NO DEBT TO YOURSELVES.

Re:− Account/Reference Number

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement, the deed of assignment and a statement of account.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully


just a couple of pointers...DONT SIGN this letter. DCA's have been known to aquire blank credit aggreements and copy the customers signture from letters. also i put in my cheque or postal order refernce on the letter, just so they know you seem to be 'on the ball'

YEOSAL

Hi

Two days to go til documents to be exchanged with Eversheds (LLoyds TSB solicitors) Just trying to sort out bundle before I send tomorrow. Am hoping the post may bring the information (training records etc) I have requested from them so that I can include it in my bundle although they have til the 17th so got to ring court today to find out what to do. I keep thinking I have missed something out.

Should I include a copy of the calculation of my claim. PPI plus APR interest plus 8% interest?

marshallka

I have just re read the letter I got from Bespoke Finance (which was because Freedom Finance had forwarded our complaint to them) and on the letter it states

At the time of application Freedom Finance provided you with a booklet outling the benefits and conditions of the optional payment protection policy etc etc etc and then it says

Our records indicate that you signed the agreement to include payments protection to cover your loan. The agreement stated that signing the document confirmed that you had READ AND UNDERSTOOD THE PPI plan summary and that the premium for the insurance was added to the loan and paid for in monthly installments.

I have PROOF (not on agreement as it does not ask you to sign on that one that you have read and understood) but on the application it does. My application says at the bottom before signature

I/We have received an explanatory leaflet with regards to payment protection cover and fully understand it. (NO i or we crossed because we did not want it)
I/We confirm that the information herein contained and supplied to me/us is correct to the best of my/our belief (NO i or we crossed because we did not want it)
I/We authorise you to clear any mortgage arrears i/we have. (no cross or tick as we had none)
It was not asked for and we applied for a loan over 10 years of £17k with repayments of £280 and got the agreement over 160 months (not 10 years) and repayments of £280 because of the additional ppi.

No where on the actual "agreement" does it state as "bespoke" say that we had signed to have "read and understood" anything about the ppi insurance as we had no papers or anything and did not ask for it. The application asks you for this "read and understood" and not the agreement and as we did not opt for it we never crossed the "I/We sections". There was no option for "not required"

Rant over. God i'm cracking aren't I.

Laini

marshallka wrote: »

I have just re read the letter I got from Bespoke Finance (which was because Freedom Finance had forwarded our complaint to them) and on the letter it states

At the time of application Freedom Finance provided you with a booklet outling the benefits and conditions of the optional payment protection policy etc etc etc and then it says

Our records indicate that you signed the agreement to include payments protection to cover your loan. The agreement stated that signing the document confirmed that you had READ AND UNDERSTOOD THE PPI plan summary and that the premium for the insurance was added to the loan and paid for in monthly installments.

I have PROOF (not on agreement as it does not ask you to sign on that one that you have read and understood) but on the application it does. My application says at the bottom before signature

I/We have received an explanatory leaflet with regards to payment protection cover and fully understand it. (NO i or we crossed because we did not want it)
I/We confirm that the information herein contained and supplied to me/us is correct to the best of my/our belief (NO i or we crossed because we did not want it)
I/We authorise you to clear any mortgage arrears i/we have. (no cross or tick as we had none)
It was not asked for and we applied for a loan over 10 years of £17k with repayments of £280 and got the agreement over 160 months (not 10 years) and repayments of £280 because of the additional ppi.

No where on the actual "agreement" does it state as "bespoke" say that we had signed to have "read and understood" anything about the ppi insurance as we had no papers or anything and did not ask for it. The application asks you for this "read and understood" and not the agreement and as we did not opt for it we never crossed the "I/We sections". There was no option for "not required"

Rant over. God i'm cracking aren't I.

I hope you are going to email this information to FOS and FF.
Right stick to your guns now and keep stating the above things if they keep coming back about Bespoke.
Laini xx:j

RiaAnn

RiaAnn wrote: »

I ended up writing back to general insurance arm of LTSB asking them to look at this again particulary the 3rd loan. Also wrote to LTSB bank asking for some details on amounts actually refunded. Neither have replied within the requested time and now over 14 days. Any suggestions on what to do next?

No reply a month later and have phoned the branch of Lloyds bank who sold the loan, they say they don't have the information we need regarding the amounts of PPI refunded on closure or dates of loan closure. The insurance arm claim they can not access the information due to data protection. Does anyone have a phone number/ address where I can get this info from Lloyds? Is there a specific Loan division I can contact? Are they just giving us the run around. Haven't done a sar yet but no idea where to send, the branch where I applied for each loan (2 of them), Lloyds general insurance or somewhere else?

tiggrae

homer_j wrote: »

If your debt has been passed to a debt collection agency, I would write them a letter asking to see legal assignation of the debt to them and a copy of the fully executed credit agreement.

You need to send £1 for this and there is a letter somewhere on these forums that I will try and locate for you in a minute but you should not pay anything to the DCA until the can legally prove that they own the debt. I would also ask that they put any contact that they have with you in writing.

Dear Sir/Madam

I ACKNOWLEDGE NO DEBT TO YOURSELVES.

Re:− Account/Reference Number

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement, the deed of assignment and a statement of account.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully


just a couple of pointers...DONT SIGN this letter. DCA's have been known to aquire blank credit aggreements and copy the customers signture from letters. also i put in my cheque or postal order refernce on the letter, just so they know you seem to be 'on the ball'

another thing you can do is tell them the amount they are asking for is in dispute - look on the office of fair trading web site for a copy of guidance to debt management companies - this sets out how they have required to operate (they must be licenced and you can complain to the OFT if they operate outside this guidance) if an amount is in dispute they cannot chase you for it !!!

tiggrae

RiaAnn wrote: »

No reply a month later and have phoned the branch of Lloyds bank who sold the loan, they say they don't have the information we need regarding the amounts of PPI refunded on closure or dates of loan closure. The insurance arm claim they can not access the information due to data protection. Does anyone have a phone number/ address where I can get this info from Lloyds? Is there a specific Loan division I can contact? Are they just giving us the run around. Haven't done a sar yet but no idea where to send, the branch where I applied for each loan (2 of them), Lloyds general insurance or somewhere else?

Lloyds TSB, Service Recovery Centre, 125 Colmore Row, Birmingham B3 3SF

tiggrae

marshallka wrote: »

It is paragraphed more than my copy paste and thanks for taking an interest. Going to post tomorrow unless M colak or anyone else has anything to say on it to help. Going to chill now for 10 before some sleep. Night all and thanks to everyone that is supporting me. xx

hi Marshallka, give me 10 mins I'm just going to tinker with your letter