PPI Reclaiming discussion Part II

Chef

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

Thanks, a letter will be in the post tomorrow.

marshallka wrote: »

Chef, what date was your loan. They were regulated from 20th november 2001.

The agreement was signed on 3rd of December 2001.

marshallka

Chef wrote: »

Thanks, a letter will be in the post tomorrow.



The agreement was signed on 3rd of December 2001.

That is soooo lucky.:j

Elsie2_2

Can anyone give any advise please? I took the paperwork in to court the other day in preperation for the hearings with First Direct and Alliance & Leicester.
I'm getting the jitters now about it to be honest. First Direct 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.

tiggrae

Elsie2 wrote: »

Can anyone give any advise please? I took the paperwork in to court the other day in preperation for the hearings with First Direct and Alliance & Leicester.
I'm getting the jitters now about it to be honest. First Direct 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.

I wouldn't have thought so, in my experience they have a standard defence regardless of cost - what's the basis of the defence they've filed ?

YEOSAL

Laini wrote: »

first plus have agreed to refund us so just waiting for the money.
with Nemo I am not sure cos I think they are putting up a fight cos I have received papers (SAR) and they seem to be dragging their heels.
the adjudicator sends his decision if they disagree it goes to an ombudsman but after that not sure.
but I wont give up I have a few things to say to Nemo next week so watch this space.
hope you are ok -you keep turning more stones over.
you ll get there in the end I am sure
tc
Laini xx:j

Hi Laini

Do you get paid a daily interest rate until they pay up?

19donna82

Laini wrote: »

you need to see the credit agreement does she still have it?

does it say
loan advance
ppi
total amount of credit

the settlement figure -what she paid as the amount to pay off the loan early

did she know she had been paying insurance for the payments
had she been told she had to take it to get the loan
post any information up and we will have a look at it
Laini

Hi Laini,

I will find out all this info and post it on here asap, thank you i appreciate your reply

Donna

YEOSAL

YEOSAL wrote: »

Have just received a letter from LLoyds Solicitors.

"We refer to the above matter and your request for information in your letter dated 20 May 2008.

You have made that request pursuant to part 18 of the civil procedure rules. This is a small claims matter however and part 18 does not apply. We therefore respond to your questions below. A copy of this letter will be included in our bundle, a copy of which will be filed with the court and forwarded to you, before the trial on 26 June.

"At the time you were sold payment protection insurance in November 2000, general insurance sales were not regulated under the financial services act. All general insurance sales made in 2000 were under the ABI selling code which was a voluntary code.

The seller of the payment protection insurance, LLoyds TSB Insurance Services Limited was not a member of the insurance ombudsman in 2000.

The questions that you have raised in your letter of 20 May 2008 are only relevant to sales made after 14 January 2005 which is the date on which general insurance sales became regulated under the financial services and markets act."

Should I enter into correspondence with them as the directions were to submit documents no less that 14 days before hearing and that was two days ago. I did not know if I could apply to ask the court not to consider their documents as they were not filed in time.

Also, in my opinion, that letter implies that they had no rules and no procedures in place to stop the mis-selling of ppi.

Any recommendations would be great!

Hi Tiggrae / MColak

Sorry to be a pain! Any chance you could offer a little advice on this.

Thank you so much for all your help so far. :T

marshallka

spoll wrote: »

Hi,

My Dad took out a loan with FirstPlus in Feb 06 and settled it early in October 06. The loan details are as follows:

Loan amount: £42000
PPP: £10285
Total amount: £52285

The PPI was added as a single payment at the start of the loan. The settlement figures that he got when he settled (8 months into loan) were:

Total amount payable underagreement: £90211
Less our rebate on settlement: £40886
Total amount payable by you: £49475

Roughly speaking they have charged him £7000 - does this sound like he has a case to claim? Should I be claiming for an unfair settlement or as he paid the PPI as a single payment is he entitled to claim the full amount back ie £10285?

Any help/advice much appreciated.

Yes and firstplus were regulated then

Laini

YEOSAL wrote: »

Hi Laini

Do you get paid a daily interest rate until they pay up?

I am not sure I have just taken advice of other people to put it in letters I think it is so it makes them hurry up and pay.
I will post up the figures from FIRST PLUS so everyone can see how it works and hopefully tiggrae and M.Colak can work their magic to check its right.
we just have to wait and see
sorry for being vague but not sure
Laini xx:think::think::think::j

marshallka

Laini, after you submitted your complaint to FOS did you email them more things or send them by post always.