PPI Reclaiming discussion Part II

sarahc5388

sarahc5388 wrote: »

I have only just found this out - but I had a few drinkypoos for you on Sat!!!

Deep breath here goes - about 3 1/2 months ago I printed off martins 1st and 2nd template letters for my dad for a loan with TSB - he was adamant that he wasn't going to sign them (he's old school and doesn't really like to discuss things like this) - think mum held a gun to his head and he signed the 1st one - got a reply saying no - mum then held a double barreled shotgun to his head and he signed the 2nd one which mum sent off - got a letter offering him just short of £600 + £170 ish interest - he took this and has had it paid into his bank about 3 weeks ago, (me and mum reckon he owes us big time) this loan was renewed and when he settled the original one they gave him a rebate of £500 ish, anyway mum !!!!!!!ised the original letter and sent it off again for the new loan, they have replied saying no (reply in about 10 days by the way) - sent another copy of martins 2nd letter on Sat morning adding to it that the salesperson stated that because he had PPI on the 1st loan and that he was renewing it, he had to have it on the new one (this loan was over 4 years and he paid his last payment in may - yipppeee). Mum and dad have only just told me all this so i was quite pleased that they had listened to me after all!! (they don't normally) Oh and also (totally unrelated to PPI but....) - dad got his home insurance renewal on Fri and it had gone up by nearly £150 (were they trying to get some money back cos the address was the same that the Loan PPI letters went/came from) anyway I phoned them up and gave them both barrells - the poor bloke couldn't get a word in edgeways - result - premium reduced by £220 - hope this all makes sense to you - !!!!

Hope I get the same result - keep it up everyone - hope you all had a good weekend!:beer:

Update - got a reply back today (how fast was that - we only sent it on Sat and their reply was dated yesterday!) they are stating that as we have provided no further evidence? can they not read as I said previously - sent another copy of martins 2nd letter on Sat morning adding to it that the salesperson stated that because he had PPI on the 1st loan and that he was renewing it, he had to have it on the new one, how can they investigate this so quickly - suggestions on next step please - haven't actually got a SAR for this one, do I request one or should I just escalate and ask them to look into it again?

marshallka

Forgot to mention earlier today i had a call from the trading standards as i had emailed consumer direct about something on their website that said that certain agreements are exempt by the CCA and one of them being a loan secured on land. I was told that land was different than a house etc. Anyway he asked all about FIrstplus and i told him of my circumstances and he was very knowledgeable about this thing about credit agreements and what they should contain.(Apparenly mine did not have to have total charge for credit in 2000 but newer ones have to). He told me if i did not get the FOS to help then to get back to him and they would take my details and help. (he noted them down then and gave me a phone number and reference number).He did take some details and was very sympathetic about us all.

He told me Lloyds had just had a wacking fine and that the more people that let them know of certain companies and their brokers then the more likely it is that they too will get hefty fines. So if you feel cheated by a company then let them know and get them looked into and hopefully fined.:D

marshallka

sarahc5388 wrote: »

Update - got a reply back today (how fast was that - we only sent it on Sat and their reply was dated yesterday!) they are stating that as we have provided no further evidence? can they not read as I said previously - sent another copy of martins 2nd letter on Sat morning adding to it that the salesperson stated that because he had PPI on the 1st loan and that he was renewing it, he had to have it on the new one, how can they investigate this so quickly - suggestions on next step please - haven't actually got a SAR for this one, do I request one or should I just escalate and ask them to look into it again?

They don't investigate, they just send you a template letter and let you then exculate it if you want to. They hope you will be put off but don't be. Don't let them win.:mad:

sarahc5388

marshallka wrote: »

They don't investigate, they just send you a template letter and let you then exculate it if you want to. They hope you will be put off but don't be. Don't let them win.:mad:

Sent the first letter and they replied saying no - send another one adding the bit about if renewing then had to have ppi cos had it on 1st loan, they replied saying no once again but did not say it was their final response, do i send them a third letter asking them to investigate fully and point out how quickly they replied? please confirm as I've had a very busy day and have lost the ability to think rationally, many thanks all. p.s. had a refund on the 1st loan - who do i escalate it to - the same person?

marshallka

sarahc5388 wrote: »

Sent the first letter and they replied saying no - send another one adding the bit about if renewing then had to have ppi cos had it on 1st loan, they replied saying no once again but did not say it was their final response, do i send them a third letter asking them to investigate fully and point out how quickly they replied? please confirm as I've had a very busy day and have lost the ability to think rationally, many thanks all. p.s. had a refund on the 1st loan - who do i escalate it to - the same person?

You need a final response for you to ask for the FOS to help so why not request a SAR from them at the same time stating your arguments again. This will then let them know you intend to take it further. (mean business as you are spending an extra tenner), It may be worth the extra tenner as you may have recordings of the calls etc and documented evidence.

Laini

I am going to remind FP we are still waiting for our money or even a letter with the amount they are offering
.what do you think any comments welcome

Dear Sir/Madam,

I am writing to you in regard to our complaint concerning mis selling of the single premium insurance.
As you will be aware that the Financial Ombudsman has been involved with our complaint and you have now agreed to refund us the difference as nearest possible to what we would have been if we had been sold the loan without PPI.
As yet I have not received the financial details on the redress as requested by the FOS, so I would like to remind you of this.
I would also like to add that if I do not hear from you in due course I will be contacting the FOS at the end of June 2008.
I trust that such action would not be necessary and look forward to receiving the information and cheque as requested before this deadline.
Iwould be most grateful if you could confirm the receipt of this letter by email

Yours sincerely

Laini xx

marshallka

Laini wrote: »

I am going to remind FP we are still waiting for our money or even a letter with the amount they are offering
.what do you think any comments welcome

Dear Sir/Madam,

I am writing to you in regard to our complaint concerning mis selling of the single premium insurance.
As you will be aware that the Financial Ombudsman has been involved with our complaint and you have now agreed to refund us the difference as nearest possible to what we would have been if we had been sold the loan without PPI.
As yet I have not received the financial details on the redress as requested by the FOS, so I would like to remind you of this.
I would also like to add that if I do not here from you in due course I will be contacting the FOS at the end of June 2008.
I trust that such action would not be necessary and look forward to receiving the information and cheque as requested before this deadline.
Iwould be most grateful if you could confirm the receipt of this letter by email

Yours sincerely

Laini xx

nice one laini, i think if it be me i would of written and called them the day after being awarded.

Darth_chaffinch

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'

I'd also recommend contact the CCCS if it's relevant to your case, they've helped me no end and state that a debt passed on to a collection agancy is usually actually better due to the fact that interest is frozen. They cannot (I believe?) 'collect' your car/home etc. if you are paying an amount regularly to the collection agency.

Good luck and hope this helps.

marshallka

Is there anyone out there that can answer me this one. I asked Firstplus for a copy of the executed agreement and they sent me just the face. I then asked again and then they sent me just the face again and said that they had no photo copy of the actual back "as they would expect."

When i was talking to the trading standards man today he informed me that i would actually need an executed copy for the courts and i said that there was no copy as firstplus had not got one on file. I then asked how i would stand and he said that no executed agreement, no loan. That would be fine but i have settled this and its not me owing the money its them. I understand that they do not have to keep an executed copy after the loan has been settled so where from here in a court case.

A ‘true copy’ of an agreement principally consists of the terms and conditions of the agreement and the statutory content of the agreement. The name, address and signature of the debtor do not have to be provided. Additionally, the creditor must supply the total sum paid under the agreement by the debtor; the total sum which has become payable under the agreement but remains unpaid; and the total sum which is to become payable under the agreement by the debtor (the latter two must include the various amounts comprised in that total sum and the date when each is/was due). However, the copy must be a copy. It need not be exact on immaterial points, but it cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot otherwise.

What happens in a court with my case. Can this work the other way round.

Lula_Bea

tiggrae wrote: »

under FSA / FOS rules they are allowed 6 weeks in which to make financial redress !!!

Cheers tiggrae, I shall start a countdown!