PPI Reclaiming discussion Part II

Laini

TwinsMum wrote: »

I emailed the MD every half hour or so until he agreed to do it quicker, was quoted 6 weeks to begin with got it down 1 week with all my emails lol. Just trying to reclaim now from HFC for my husband and they are not being very helpful.

I emailed him when I was trying to get them to change their decision whilst going through FOS in jan 2008 but he just said he couldnt do anything and re directed me back to head of complaints who I emailed my letter to the other night she said she would respond to the letter and get back to me before end of june so its a waiting game - I know I really upset them with my letters and said I would not stop until I got justice and was so glad the FOS backed us up and they have to cough up now.
thanks for your help too!
Laini xx:j

kinikki

Hi all have not been on site for some time and have just been catching
up.Big congratulations to Laini on your win over FP:T and to everyone else who has been successful with there claims welldone.
Just a question for one of the experts my case against FP has just been
passed to ombudsman for a final decision by him as FP would not come back
with a decision to adjudication of my case which was upheld.Does anyone have any idea how long this process could take as already been with adjudicator since February. FP dragging heels over this one:mad:
Thanks in advance for any info Kinikki

homer_j_3

Angel1972 wrote: »

How can this help me? I think I am getting in over my head with Negligent Acts that I don't know where I download from to read, going to court and missold loans.

All I know is that I have a form that does not have the box ticked for PPI but I was charged £6000 for PPI, I was offered a partial refund after the loan was repaid but when I wrote off for it received no response.

I just want my money back but it all seems so complicated.

Your loan could be unenforceable because they have not completed the original agreement in the correct way. They have run a loan that is different to what was agreed and laws that were implemented to stop these practices allow you to take action.

It is unlikely that you will have had any disclosure of the commission that the lender received from the insurer and/or what commissions were paid to the broker. There fore the loan is likely to be voidable too.

They are not going to make it easy for you. The issue also is that if you have a claim of more than 5k, you cannot use the small claims court and could be put into the fast track system which means if you do not get it right then you could be liable for their costs also.

You are likely going to need legal help unless you are confident in researching the case law, understanding it to the point that you can argue it. There are companies out there that will help - some charge, some do not so its upto you on how you do this.

The partial refund will no doubt include a full and final settlement condition making it impossible to go back once you have been duped again by them. Its like a thief taking £20 from your wallet and putting a fiver back in there and handing it back...

Angel1972

Is it worth writing once more and advising I will take this matter to court if they fail to refund me my money? Will they act on this threat or just think "go ahead"?

Has anyone else got anywhere with GE Finance?

homer_j_3

it is likely that they will say go ahead but it depends what you say I guess. If you back it up with a well thought out argument which they check with their lawyers, they may say here you go as its not worth you going to court.

marshallka

Just been on the phone to WORSTPLUS and they are still adament that they will have nothing to do with the PPI although i have quoted the law section 56 of the cca that Freedom Finance were their agents etc. They will not budge by the look of it. They have said they will contact the FOS as they have had a letter from the FOS and that i should wait for their response. I have mentioned the wage business and she did not seem too bothered. I rang the ICO and apparently they are allowed to blank out phone calls to me as they could incriminate themselves. Its so annoying. Surely i should be able to have copies of these phone calls. Is it because of how long ago it was. I settled april 2003 and the ICO say they only have to send certain things out to me now. Its looking very dim. :mad: Will they have to let the FOS have full details of the calls not where it goes quiet or will they be able to get away with what they have sent to me. I feel so confused as to what they do have to send to the FOS. I asked for a full subject access and they have said that they have complied with the data protection act and sent me the details. Is my complaint too late.

chrisrawl

sarahc5388 wrote: »

As long as she never claimed on the PPI you should still b e able to claim as they were the ones that (mis) sold you it - when was the loan taken out? and how many payments did she make?

Hi Sarah. Thanks for the response. She had made several payments at the original value of around £220 (they were taken direct debit from her current account on a monthly basis). Then she did not have enough money in her current account to service the monthly payments and the direct debits kept on failing, so she was making intermitent top up payments to Lloyds collection services. I think Lloyds reached the final straw with her not being able to pay back the loan and put a total figure to be reclaimed out to a debt collection company.

She has never claimed on the PPI.

The total figure that the debt collection company is trying to reclaim on behalf of Lloyds must include the loan + PPI because the value is more than that of the original loan. Am I right to attempt a reclaim against Lloyds not only for the PPI that she would have paid on the initial several payments she managed, but also the PPI that has quite obviously been added to the loan when it has been passed on to a debt collection company?

I'm sorry if I haven't made all of that clear, still trying to get my head around all of this myself!
Thanks to all.

marshallka

homer_j wrote: »

Your loan could be unenforceable because they have not completed the original agreement in the correct way. They have run a loan that is different to what was agreed and laws that were implemented to stop these practices allow you to take action.

It is unlikely that you will have had any disclosure of the commission that the lender received from the insurer and/or what commissions were paid to the broker. There fore the loan is likely to be voidable too.


What is about this commission homer j. I have noted that Freedom Finance received 5% commission on my loan of £17k being £850.00 but nothing in the SAR says about commission on the ppi. Should i have been informed of this commission too although it does not state that i paid this, it just says commission of 5%. If i was not charged this commission (don't think i was as nothing actually says it) then should i have been given information in writing about it. I spoke to trading standards and they say i should of been informed but i thought that was if I paid it out. My loan was taken out in January, 2000

sarahc5388

chrisrawl wrote: »

Hi Sarah. Thanks for the response. She had made several payments at the original value of around £220 (they were taken direct debit from her current account on a monthly basis). Then she did not have enough money in her current account to service the monthly payments and the direct debits kept on failing, so she was making intermitent top up payments to Lloyds collection services. I think Lloyds reached the final straw with her not being able to pay back the loan and put a total figure to be reclaimed out to a debt collection company.

She has never claimed on the PPI.

The total figure that the debt collection company is trying to reclaim on behalf of Lloyds must include the loan + PPI because the value is more than that of the original loan. Am I right to attempt a reclaim against Lloyds not only for the PPI that she would have paid on the initial several payments she managed, but also the PPI that has quite obviously been added to the loan when it has been passed on to a debt collection company?

I'm sorry if I haven't made all of that clear, still trying to get my head around all of this myself!
Thanks to all.

Forget about the loan and debt collection for the moment - the initial issue is whether you feel you were mis-sold the PPI, LTSB sold you it, not the collection agency, so you would claim against them, check the mis-selling list and if you feel you were mis-sold you should write to the company using Martins template, stating the reasons why you feel you were mis-sold, they will no doubt send you a reply stating that you signed for the PPI so they don't have to give you anything back, then send off the 2nd letter, they need to state that it is their final response before you can take this to the FOS. You should also request a SAR and enclose a cheque or postal order for £10. It may also be worth giving the FOS a ring and explaining eveything to them, it may be that you could get a freeze on the repayments to the debt collection agency whilst your complaint to the bank is fully investigated. I am not an expert on all this - just starting myself, but don't panic, there's loads of helpful people on here going through the same thing who will help and advise you along the way.

sarahc5388

Angel1972 wrote: »

Is it worth writing once more and advising I will take this matter to court if they fail to refund me my money? Will they act on this threat or just think "go ahead"?

Has anyone else got anywhere with GE Finance?

Write again and enclose a copy of the agreement that you have, explaining your findings and ask them directly why you have been charged for PPI when it wasn't asked for - have you had a SAR, if not you need to request one, enclose a cheque or postal order for £10, there is a SAR request letter on here I think on page 21, make sure you send everything by recorded delivery.