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PPI Reclaiming discussion Part II

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  • bathgatebuyer
    bathgatebuyer Posts: 2,522 Forumite
    Part of the Furniture Combo Breaker
    marshallka wrote: »
    I swear that the broker Freedom Finance fiddled it to get the loan. There is a completely different employer on file with firstplus than my husbands one that he put on the application. I have asked the FOS to check this out. We gave the correct info on the application and now i think (as i remember being told by Firstplus during a phone call that has conveniently disappeared) that my husbands wages were almost double what they were and i told her they had it wrong. We should not probably have had the loan in the first place. This all stinks by both Freedom and Firstplus.

    Similar has happened to me - the CCA was returned by the Halifax with some factual inaccuracies and has been completed in someone else's handwriting yet they claim it's mine! Of course, whoever completed that form ticked the PPI box which benefitted them to the tune of £2K. When I tried to claim when I was out of work, they said, "Tough - you're not eligible".

    I'm now at the Court stage awaiting a copy of their defence. I'll be keen to see how they defend the indefensible.
    Almost debt-free, but certainly even with the Banks!
  • Chef
    Chef Posts: 2 Newbie
    Hello, this is my first post here and I am looking for some advice, on a PPI policy, that I took out.

    I took out a 10 year loan with First Plus in 2001 for £12 000, the loan was settled early in 2003. I sent them a letter, earlier this year claiming that they missold me the PPI. I received a reply, claiming that the loan and the PPI were sold to me, by the Loan Processing Centre, and they accept no responsibility. As the Loan Processing Centre went into administration in 2005, and were bought out by Park Financial Services, where do I stand in my claim for my missold the PPI. Park Financial Services, claim they only purchased the assets form the Loan Processing Centre and not their liabilities. They gave me the name and address of the Loan Processing Centre’s administrators. I desperately need some advice, can anyone help?

    Thanking you in advance.

    Chef.
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    weissy wrote: »
    is anyone else having issues with the financial ombudsman taking ages to assign anyone to look at their case?

    My claim for egg has been with the for over 3 months and they keep sending me letters saying they still have been unable to assign anyone to look into this

    They were brilliant before with my HSBC claim which was resolved within a month - just wondered why this one is taking so long - i'm guessing because of the sheer volume of claims - but was wondering if anyone else if having the same issue :confused:

    Cheers
    Hi there, apparently the number of complaints to the FOS has risen recently from 2000 a year to 2000 a month, so they're struggling at the moment - you just have to be patient I'm afraid !!
  • marshallka
    marshallka Posts: 14,585 Forumite
    Similar has happened to me - the CCA was returned by the Halifax with some factual inaccuracies and has been completed in someone else's handwriting yet they claim it's mine! Of course, whoever completed that form ticked the PPI box which benefitted them to the tune of £2K. When I tried to claim when I was out of work, they said, "Tough - you're not eligible".

    I'm now at the Court stage awaiting a copy of their defence. I'll be keen to see how they defend the indefensible.
    No, it was not the Credit agreement that was wrong. It was the wage references that firstplus sent out in their sar that were wrong. Our actual application stated where my Husband worked and how much he earned and then the broker must of disregarded this to get the loan think. They cannot say it was us as we have proof of our application and wages there.
  • marshallka
    marshallka Posts: 14,585 Forumite
    tiggrae, i need your help here is possible. How is an APR worked out on a secured loan. Does having the ppi affect its workings and should they do a credit check before the loan to check for which apr to offer.
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    Chef wrote: »
    Hello, this is my first post here and I am looking for some advice, on a PPI policy, that I took out.

    I took out a 10 year loan with First Plus in 2001 for £12 000, the loan was settled early in 2003. I sent them a letter, earlier this year claiming that they missold me the PPI. I received a reply, claiming that the loan and the PPI were sold to me, by the Loan Processing Centre, and they accept no responsibility. As the Loan Processing Centre went into administration in 2005, and were bought out by Park Financial Services, where do I stand in my claim for my missold the PPI. Park Financial Services, claim they only purchased the assets form the Loan Processing Centre and not their liabilities. They gave me the name and address of the Loan Processing Centre’s administrators. I desperately need some advice, can anyone help?

    Thanking you in advance.

    Chef.

    Write to First Plus with the following - basically you are holding them responsible for the advice of their authorised agents !!

    This is a little known piece of legislation, but I can let you have the link to the document - copy the document to them as well - take your complaint to the FOS using this piece of legislation if your loan was taken out before Nov. 2001, if afterwards the only recourse you'll have is the County Court

    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
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    marshallka wrote: »
    tiggrae, i need your help here is possible. How is an APR worked out on a secured loan. Does having the ppi affect its workings and should they do a credit check before the loan to check for which apr to offer.
    to be honest, the workings of apr are a complete mystery to me, the real expert on here is m.colak - sorrrrrrry
  • marshallka
    marshallka Posts: 14,585 Forumite
    tiggrae wrote: »
    Write to First Plus with the following - basically you are holding them responsible for the advice of their authorised agents !!

    This is a little known piece of legislation, but I can let you have the link to the document - copy the document to them as well - take your complaint to the FOS using this piece of legislation !!!

    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
    How can you take your complaint to the FOS using that. Were firstplus then regualted by the GISC and can the FOS help with the ppi if thats the case. Mine was in 2000 and they told me that it was outside their jurisdiction.

    edit just taken this from my email

    I should explain that the firm was a member of GISC from 20 November 2001. I note the policy was sold to you in January 2000. The complaint therefore appears to outside our jurisdiction.

    Does anyone know if the Woolwich who owned firstplus at the time of mine were regulated by the GISC. And also if chefs loan is before there were regualted are you allowed to claim from Barclays who owned them at the time of chefs loan.
  • marshallka
    marshallka Posts: 14,585 Forumite
    Chef wrote: »
    Hello, this is my first post here and I am looking for some advice, on a PPI policy, that I took out.

    I took out a 10 year loan with First Plus in 2001 for £12 000, the loan was settled early in 2003. I sent them a letter, earlier this year claiming that they missold me the PPI. I received a reply, claiming that the loan and the PPI were sold to me, by the Loan Processing Centre, and they accept no responsibility. As the Loan Processing Centre went into administration in 2005, and were bought out by Park Financial Services, where do I stand in my claim for my missold the PPI. Park Financial Services, claim they only purchased the assets form the Loan Processing Centre and not their liabilities. They gave me the name and address of the Loan Processing Centre’s administrators. I desperately need some advice, can anyone help?

    Thanking you in advance.

    Chef.

    Chef, what date was your loan. They were regulated from 20th november 2001.
  • alleybabes
    alleybabes Posts: 92 Forumite
    weissy wrote: »
    is anyone else having issues with the financial ombudsman taking ages to assign anyone to look at their case?

    My claim for egg has been with the for over 3 months and they keep sending me letters saying they still have been unable to assign anyone to look into this

    They were brilliant before with my HSBC claim which was resolved within a month - just wondered why this one is taking so long - i'm guessing because of the sheer volume of claims - but was wondering if anyone else if having the same issue :confused:

    Cheers

    yes i am having the same letters as you and its been about 3 months
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