PPI Reclaiming discussion Part II

marluc

sarahc5388 wrote: »

well done - give yourself a huge pat on the back and a large drink!:beer:

Many thanks!!!!!!
I will
Take care:beer: :beer:

marshallka

marluc wrote: »

Many thanks!!!!!!
I will
Take care:beer: :beer:

Marluc, when was your ppi. I am as yet having no joy with Freedom Finance. Mine was way back in 2000 and settled in 2003.

Just looked back over your posts. oops sorry for being lazy:o

san77

We have a secured loan with Welcome Finance and are wanting to reclaim the ppi as only hubby covered on insurance for illness etc. although both have life cover. Also mentions they won't pay for back problems which he suffers from. Want to claim it back under mis-selling . Have claimed some bank/credit charges but Welcome seem to be a different kettle of fish when dealing with people than a high street bank who do have a few scruples. Need a push to post the letter.

Any advice on dealing with welcome gratefully received.

marshallka

tiggrae wrote: »

That is totally bizarre, as a bank they have been covered by the FSA since it's inception !!! Are they claiming that the claim should not go forward under the 6 year rule ??

ps you might want to contact the fos as to when LloydsTSB came under their jurisdiction - the 15th Jan 2005 date is only for the 'independent lenders' who were forced into compulsory jurisdiction at that date - the banks always have

i know i am treading on old ground but was looking through the thread and came across this from tiggrae. I know that the woolwich owned firstplus at the time i took out my loan and still am in the dark as to who sold it to me in firstplace. If it was firstplus then surely the FOS should look at it as the woolwich were regulated at the time

Status of Woolwich

Woolwich Plc was regulated by the FSA from 01/06/1998 until 11/05/2004 and its firm reference number is 106053. All the firms we regulate appear on the FSA Register www.fsa.gov.uk/register and each firm's 6 digit reference number is unique. You can check if a firm is on the FSA Register by searching under its name, postcode or firm reference number.

IF i get no joy with Freedom Finance can i not make a complaint against the woolwich with the FOS as freedom finance are taking no responsibilty and telling me it was sold by this company in gibraltar (yeah sure) and they were agents of Firstplus who were owned by the Woolwich. God this is hard work. I have been told by the FOS today to wait a month and call them back but that is for my unfair settlement i think. Apparently they cannot look at the ppi as i complained first about freedom finance and then firstplus but i have not tried the woolwich yet.

tiggrae

marshallka wrote: »

i know i am treading on old ground but was looking through the thread and came across this from tiggrae. I know that the woolwich owned firstplus at the time i took out my loan and still am in the dark as to who sold it to me in firstplace. If it was firstplus then surely the FOS should look at it as the woolwich were regulated at the time

Status of Woolwich

Woolwich Plc was regulated by the FSA from 01/06/1998 until 11/05/2004 and its firm reference number is 106053. All the firms we regulate appear on the FSA Register www.fsa.gov.uk/register and each firm's 6 digit reference number is unique. You can check if a firm is on the FSA Register by searching under its name, postcode or firm reference number.

It's not the FSA but the date the FOS was started - the FOS was established by the Financial Services & Markets Act 2000 and didn't come into being until December of 2000

marshallka

tiggrae wrote: »

It's not the FSA but the date the FOS was started - the FOS was established by the Financial Services & Markets Act 2000 and didn't come into being until December of 2000

So who was in action before these. I thought there was some sort of ombudsman thing. Mine was Jan 2000

Laini

sarahc5388 wrote: »

Tiggrae, please could you look at the following for me - thanks in advance

xXXXXl
Customer Care
Lloyds TSB Insurance
Tredegar Park
Newport
South Wales
NP10 8SB

Dear Ms XXXXX,

Re: Account number: XXXXXXXX

References:

A. Your XXXXX dated 9 June 2008 (copy).
B. My letter to you dated 7 June 2008 (copy).
C. Your XXXXXdated 29 May 2008 (copy).
D. My letter to you dated 11 May 2008 (copy).

Thank you for your very very swift response at Reference A, to my letter (Reference B, copy enclosed)) which you received on Tue 10 Jun 08. I would like to reiterate the following:

"I am writing in response to your letter dated 29 May 2008 , with regards the insurance sold with my loan. Your reference is XXXXX.

I do not feel your letter has offered a satisfactory justification that my policy was sold fairly, reasonably and within my best interests so I request that you look into my complaint again.

I would like to add that when the policy was sold to me, your salesperson stated that because I wanted to borrow an additional £1000 on top of an existing loan, I had to renew the loan and that because I had PPI on the previous loan I must also have it on it on the new loan for the application to succeed. I now believe this to be untrue."

If I do not receive a more favourable response within 14 days I shall be taking my complaint to the Financial Ombudsman.





Also:

Re: Account number: XXXXX

In the first part under the Data Protection Act 1998:

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, please supply me with a complete list of transactions and charges relating to the above accounts held with you since they were opened.

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my business with you.

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

For the avoidance of any and all doubt, I reiterate:

I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on any/all types of media in any relevant filing system (microfiche included).

If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge.

I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

I enclose the statutory maximum fee of £10.00 to access ALL data held by yourselves about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

You have 40 calendar days in which to comply with this request.

This communication has been sent Recorded Delivery so I can ensure compliance on these issues within the legislative timeframes.

Request for Further Information

I also request the following information:

Procedures in place at the time of sale to ensure customers did not buy policies on which they could not claim or which provided only very limited cover;

The Controls and Systems in place at the time of sale to stop staff giving advice or providing information that amounted to giving advice;
Systems in place at the time of sale to assess suitability adequately (ie what advice could and could not be given, how did you assess a customers suitability for specific products);

What Controls were in place at the time of sale to assess the quality and timeliness of product and price disclosure;

Provide details as to the level and structure of inducements and targets for sales staff in place at the time of sale;

What training was provided to the Salesperson involved with the sale of the Insurances and how was the competence of the specific sales staff assessed (please provide copies of actual training records and competency assessments;

What Compliance Monitoring was in place to ensure compliance with good practice; and

Copy of any Internal or External Audit reports into the Sale of Insurances within the company issued since the sale of the insurances took place.


Yours Sincerely




XXXXX

Encls:

1. Reference A.
2. Reference B.
3. Reference C.
4. Reference D.
5. Postal Order for £10. Specifically for DPA/SAR request – not to be credited to any account.

fab letter!!
Laini xxx:j

tiggrae

tiggrae wrote: »

It's not the FSA but the date the FOS was started - the FOS was established by the Financial Services & Markets Act 2000 and didn't come into being until December of 2000

it was an organisation called the FLA Finance Lending Association, which had a voluntary code of practice members signed upto. However, it had no statute basis so has no powers - I've seen an FLA recommendation for one of it's members to repay PPI and they basically put two fingers up at them !!!

marshallka

Laini wrote: »

fab letter!!
Laini xxx:j

Laini, have you seen twinsmum response about firstplus and the hamper business before he final cheque. Take a look:D

sarahc5388

wish me luck - it will be going recorded on sat - let's see if they respond to it before they receive it like they did the last one!