PPI Reclaiming discussion Part II

navydiver_2

Hi All,

First of all a massive thanks for the work Martin and the team do with this site. I now have my second success. After claiming back my Mortgage exit fee i went after A&L on a PPi recalim, (The Halifax is next) Looks like A&L have accepted I was mis sold, as I am now in a bit of a quandry, I have recieved a letter today from A&L offering to refund all my PPi repayments, and amount over £950, they have not included the statutory interest tha was asked for, should i accept the offer or am I allowed to write back saying i would like the interest as well, this comes to about £85.

Would I be right in thinking that as they have made an offer i would be likely to win if they refused and I went to the FSO

marshallka

tiggrae wrote: »

under Section 56 of the Consumer Credit Act 1974 (‘CCA 1974’), the supplier is taken to act on the credit grantor's behalf - as his agent - as well as his own. In effect, this makes the credit grantor responsible for the negotiations as if he had conducted them himself – therefore, under Section 75 of the CCA 1974, our clients holds you responsible for the mis selling by your Authorised Agents

I have just come off the phone to firstplus and they denying this actually exists. I quoted this in my last letter. They say that do not quite know what i am referring to here and quoted something completely different to me. I have now asked them to provide me with a letter or copy of the advanced copy agreement as i now look and from the application that i signed on the 18th december, 1999 and posted back 19th december, 1999 they say that date of advance copy (for me to look over and consider) was 21st december, 1999. (although it does not say POSTED).This was 3 days before the public holidays (and likelyhood of postal delays too) being 25th, 26th, 27th and 28th december as christmas fell at the weekend and the original copy of the agreement was sent out on 29th december. I don't think i actually received the "advance copy" as the lender/broker was too eager to get the loan paid to us for his commission of £850. (I doubt i would of looked over this on the same day and said i want this ppi and the loan extending another 40 months because of this.) This again was not disclosed to us.Should the amount of commission a broker receives be told to the borrower even if they are not being charged this amount on paper. I asked oft yesterday and apparently i should of been. (its looked at as a form of bribe i think)

I have been told again by firstplus that this is nothing to do with us or freedom finance and that it is bespoke finance that i need to consult.

He did say that Firstplus use an overnight postal service for all their applications.

I think its time for the courts and Freedom Finance.

tomglentanar

Hi Marshallka,

I am just about to start claiming back PPI from Freedom Finance / Firstplus.

I was reading about your problems dealing with them, I hope I do not have similar issues.

We took the loan out in 2003, the credit agreement is with Firstplus, but it came in a Freedom Finance welcome pack.

I initially sent a letter claiming mis-selling to Freedom and got an instant reply saying it was Bespoke that arranged the PPI, they gave me their address in Gibralter. The strange thing is, I have no documentation from Bespoke. However, I do have a PPI document from Firstplus which outlines the policy and saying that it is underwritten by Lloyds, no mention of Bespoke anywhere.

I have now sent SAR's to both companies to see who holds what.

As all the contracts, etc are with Firstplus, and the money from my bank goes to them, I am assuming it will be them that I will be claiming mis-selling of PPI, am I correct in this assumption?

Cheers

marshallka

tomglentanar wrote: »

Hi Marshallka,

I am just about to start claiming back PPI from Freedom Finance / Firstplus.

I was reading about your problems dealing with them, I hope I do not have similar issues.

We took the loan out in 2003, the credit agreement is with Firstplus, but it came in a Freedom Finance welcome pack.

I initially sent a letter claiming mis-selling to Freedom and got an instant reply saying it was Bespoke that arranged the PPI, they gave me their address in Gibralter. The strange thing is, I have no documentation from Bespoke. However, I do have a PPI document from Firstplus which outlines the policy and saying that it is underwritten by Lloyds, no mention of Bespoke anywhere.

I have now sent SAR's to both companies to see who holds what.

As all the contracts, etc are with Firstplus, and the money from my bank goes to them, I am assuming it will be them that I will be claiming mis-selling of PPI, am I correct in this assumption?

Cheers

hi, this Bespoke finance thing needs someone to sort this out. If you go onto the site of freedom finance it states that the site is owned by Bespoke Finance. I took my loan out and apparently used a broker called Freedom Finance and in order for Freedom Finance to get out of any legal issues they are directing their complaints to this company "Bespoke Finance" who non of us have heard of. I am thinking of involving my mp on this one. Its just a get out thing as even if you win a case against them then apparently we could never enforce it as its not possible in Gibraltar. Its something that the authorities OUGHT to get involved with as this is criminal in my eyes. I would be grateful if you could at least phone the authorities and as many as possible (as i have done) to make a complaint about them. Its so frustrating as they are the "untouchables". What kills me is they are not telling everyone this, only a certain few. I would be grateful if you let me have details of what your welcome pack says about commission payments too. Did it mention that the broker may receive a commission for this loan. Let me know. Keep me posted too. Sorry i cannot be any more help as i am in limbo myself.

What was your claim amount for. I wonder if its certain claims over certain amounts that are being told to go to this company.

Elsie2_2

m.colak wrote: »

Don't panic. Its a hearing where they will be able to explain why they want it too be put aside. Make sure you take plenty of evidence about giving them lots of time to respond and also take with you a breakdown of the costs it took for you to attend the hearing and how much you have lost by attending the hearing and remember to take how much it cost for the warrant with you too. Then if the Judge rules in their favour all that means is that they will have to ensure filing a proper defense within 14 days and your costs are a condition of said court order and to be paid within the same time line. If they don't defend or don't pay you your costs (ask for a cheque just to be more differcult) within the 14 days then you need to send a request to reissue the judgement and add 8% statuatory interest which had been frozen before.

Thanks m.colak. I took the paperwork in today to the court in preperation for my hearing.
Any advise about the first direct case? I'm more worried about that one to be honest. They are defending and i have been given a date of the 1st of July. I've got lots of things going round my head, will they turn up? Will they send a solicitor and will i lose my bottle? I'm hoping they will settle prior as has happened each time previously when i have been given dates for court (about 4 times so far), but this is far larger an amount than i have ever gone for before and i wonder whether this will also make then defend it harder.

marshallka

tomglentanar wrote: »

Hi Marshallka,

I am just about to start claiming back PPI from Freedom Finance / Firstplus.

I was reading about your problems dealing with them, I hope I do not have similar issues.

We took the loan out in 2003, the credit agreement is with Firstplus, but it came in a Freedom Finance welcome pack.

I initially sent a letter claiming mis-selling to Freedom and got an instant reply saying it was Bespoke that arranged the PPI, they gave me their address in Gibralter. The strange thing is, I have no documentation from Bespoke. However, I do have a PPI document from Firstplus which outlines the policy and saying that it is underwritten by Lloyds, no mention of Bespoke anywhere.

I have now sent SAR's to both companies to see who holds what.

As all the contracts, etc are with Firstplus, and the money from my bank goes to them, I am assuming it will be them that I will be claiming mis-selling of PPI, am I correct in this assumption?

Cheers

I have requested a SAR from both but freedom have not complied and i don't think they will. They have another couple of weeks to do this. Also firstplus have not sent everything i don;t think. I asked yesterday at the commissioners office and they told me "they would not want to incriminate themselves would they". There is no one to help and its seems a daft thing if the commissioners say that its your word against theirs basically if they do not send things. It all stinks. I am getting annoyed now by the whole thing and its having an affect on my life. I can not find any help here.

nothingwitty

navydiver wrote: »

Hi All,

First of all a massive thanks for the work Martin and the team do with this site. I now have my second success. After claiming back my Mortgage exit fee i went after A&L on a PPi recalim, (The Halifax is next) Looks like A&L have accepted I was mis sold, as I am now in a bit of a quandry, I have recieved a letter today from A&L offering to refund all my PPi repayments, and amount over £950, they have not included the statutory interest tha was asked for, should i accept the offer or am I allowed to write back saying i would like the interest as well, this comes to about £85.

Would I be right in thinking that as they have made an offer i would be likely to win if they refused and I went to the FSO

Personally, I would accept. The FSA could take ages to check your claim. In the meantime you could have the money in your bank earning some of that £85 in interest back!!! Just my opinion mind....

Well done!

tomglentanar

marshallka wrote: »

hi, this Bespoke finance thing needs someone to sort this out. If you go onto the site of freedom finance it states that the site is owned by Bespoke Finance. I took my loan out and apparently used a broker called Freedom Finance and in order for Freedom Finance to get out of any legal issues they are directing their complaints to this company "Bespoke Finance" who non of us have heard of. I am thinking of involving my mp on this one. Its just a get out thing as even if you win a case against them then apparently we could never enforce it as its not possible in Gibraltar. Its something that the authorities OUGHT to get involved with as this is criminal in my eyes. I would be grateful if you could at least phone the authorities and as many as possible (as i have done) to make a complaint about them. Its so frustrating as they are the "untouchables". What kills me is they are not telling everyone this, only a certain few. I would be grateful if you let me have details of what your welcome pack says about commission payments too. Did it mention that the broker may receive a commission for this loan. Let me know. Keep me posted too. Sorry i cannot be any more help as i am in limbo myself.

What was your claim amount for. I wonder if its certain claims over certain amounts that are being told to go to this company.

Hi,

I have just checked all my documentation, there is no mention of any commission being paid.

My loan was for £60,000 with a PPI of £14,694.

sparky0107

Afternoon everyone,
Could you take a look at the letter below, this is going to be my second stage letter to Halifax Cetelem Credit Ltd, requesting they return the PPI on a retail credit agreement from CSL. Any pointers or amendments would be greatly appreciated. I know it's not a lot of money, but you have to start somewhere lol


Halifax Cetelem Credit Ltd
PO Box 996
Wallington
SM6 0YD


Dear Sir or Madam,

Re: Account number: XXXXXXXXXXXXXX

I am writing to request that you repay all Payment Protection Insurance (PPI) fees that have been applied to my account.

I believe I have been mis-sold PPI, as the Salesperson was very pushy & stated/implied that I had to take the PPI in order to obtain credit.

The PPI charges total £232.20, plus as I believe I have been unlawfully deprived of the money I have calculated £68.20 interest at the statutory rate, the amount the court will award.

I therefore ask that you repay me the full amount of £300.40. I have attached a full schedule of the PPI charges and interest with this document.


I look forward to a full response to this letter within 14 days.

Yours faithfully,

Sparky

navydiver_2

nothingwitty wrote: »

Personally, I would accept. The FSA could take ages to check your claim. In the meantime you could have the money in your bank earning some of that £85 in interest back!!! Just my opinion mind....

Well done!

Thanks: think I will just accept, and for anyone else thinking of doing this dont hesitate, my loan was from 2002, and I only posted the initial letter on 1st June, so just 13 days from posting to offer of £960 and all for 15 minutes of my time a the cost of a stamp.

Halifax credit card here I come