PPI Reclaiming discussion Part II

marshallka

Just had the same reply after emailing again but they have added this to mine now

I would add that if you believe that the company was involved in providing insurance services, it would be helpful if you could provide copies of any relevant documentation for our perusal. This can be faxed to 00 350 200 40282 or scanned and emailed to enforcement @fsc.gi or of course posted to the address below.

Have to get some work done. Although i do not have the relevant insurance policies i have doumented evidence from both Freedom and Bespoke that they sold insurance to me and also FIrstplus as well.

nothingwitty

tiggrae wrote: »

Yes, you're correct paying for a warrent of execution would be a complete waste of money - you need to contact the court and ask whether HBOS have filed a defence and whether they've received an application to have the judgement set aside.

Tiggrae,

As always, many thanks. The court advised that they received a defence but it was a week after default judgement was awarded so they returned it. To date, nothing else has been received by the court. I'm wondering whether HBOS are just leaving me in limbo and trying to stretch the claim out even further by keeping me guessing as to what their next move might be!!! Do I just keep waiting? I want to go into one of their branches with a copy of the default judgement and just sit there until someone talks to me or pays me!!!! Grrrrr.

Thanks again :beer:

marshallka

Tiggrae, just received this from the enforcement as well

Dear Ms

Bespoke Finance Limited (previously Karacus Limited) has never been licensed or held any authorisation issued by this Commission.

Please find attached a company profile, which provides basic public details about the company as filed at Companies House in Gibraltar. We would like to review any supporting documentation before reaching a view as to whether Bespoke Finance Limited is, or has been involved in licensable activity.

Yours sincerely.

What does this mean.

I wrote this to them

I took out a loan with PPI attached in 2000 and was missold this and although i have now settled the loan a few years ago I have all the necessary criteria for this being missold i am being directed from my uk company to a company based in Gibrlatar. The company i dealt with in the UK was Freedom Finance and they say that they are processing loans and ppi for a company based in Gibraltar called Bespoke Finance Limited. My loan was taken out 14th Jan 2000. This gives our authorities little jurisdiction over this claim and i wondered if you could tell me if this company is, and the date if possible, that they were actually authorised to sell insurance there as there are quite a number of people like myself in this situation.

http://www.gibraltarlaws.gov.gi/articles/1987-10o.pdf


http://www.gibraltarlaws.gov.gi/articles/1990s009.pdf

Elsie2_2

Elsie2 wrote: »

• First Direct offered and the claimant accepted further advances to finance the purchase of the optional personal loan protection.
• At the same time, the un-used portions of the PPI advances were refunded when loans finished. (these have been taken into account when asking for the refund).
• The 2001 accounts closed several years ago, first direct is no longer in a position to supply copies of original loan agreements (I have my originals) however first direct believes that the agreement indicted PPI was optional and the claimant would have been supplied with docs to show it was optional and given a 28 day cooling off period. (my documents show a pre-ticked box in the PPI option so it was a choice to opt out rather than opt in, something I didn’t know was possible at the time)
• It is denied that the claimant is entitled to relief sought in that the agreements were discharged pursuant to their terms during 2002, the claimant received good consideration for those not refunded when the accounts were closed, the defendant did not act as financial advisor, in any event the claim related to funds advanced during 2001, more than 6 years prior to the proceedings and is therefore stature-barred. (although the loans were opened over 6 years ago, the timescales between the loans ending and the beginning of my proceedings was within the 6 year limit.)

Can anyone offer advice about First Direct with whom i have a court date on the 1st of July. This is what they put in their defence.
Thanks everyone.

alleybabes

nothingwitty wrote: »

Hi folks

A letter received from HBOS followng my default judgement award by the court:-

Dear *****

"I have received a copy of the judgement you obtained again BOS on 22nd May.

You may be aware that on the same date I attempted to file a defence on behalf of the bank.

The bank believes it has a good prespect of defending your claim and therefore it intends to apply to have your judgement set asise. Once the application is made any attempt by you to enforce judgement will be suspended.

You should hear from the court within two weeks

Yours sincerely,

***** "

I am in limbo. I want to submit a warrant for execution but, as above, the bank is saying "it intends to apply to have your judgement set aside. Once the application is made any attempt by you to enforce judgement will be suspended". I was awarded defualt judgement almost a month ago. I am worried that if I do apply for the warrant, it will be a waste of time as the bank is syaing it will apply for it to be suspended.

Advice??? Thanks

Hi i won a judgement by default but received a letter a week later by the solicitors saying they were applying to have the judgement put aside,i waited ages (im sure on purpose) then received a letter for a hearing date 31st july,i would give it a bit longer then ring up the court as this is what i did and they will be able to tell you if they have put in an application to have it put aside,i know how you feel its so frustrating :mad:

tiggrae

SuzySu wrote: »

This is a plea to Tiggrae - please could you offer some advice regarding Picture Loans - they added the whole of the PPI (£11,227) onto our loan amount £45,000 and we now are selling up and repaying the loan after just over a year. Do we have a claim - I think it might be under the single sum (?) category and they did not mention that it would only be effective for 5 years. How do they justify £11,227 for just 5 years' worth of cover (BTW the loan was for 25 years). We were definitely under the impression that we had no choice but to take it?

We have no separate paperwork for the PPI part of the loan. Should we have?

Please advise if you can.

Hi there Suzy, if you didn't request the insurance then you definately have a claim for mis selling - you should have the paperwork in respect to this insurance - if you did I suspect you'll find you're only covered for 5 years and not the full length of the loan - you need to go back to picture and ask for all the details to be sent to you - tell them quite clearly you received nothing, again this is another aspect of mis selling as they should have sent you full documentation of the PPI

tiggrae

Elsie2 wrote: »

Can anyone offer advice about First Direct with whom i have a court date on the 1st of July. This is what they put in their defence.
Thanks everyone.[/quote
what did you put on your particulars of claim?

tiggrae

marshallka wrote: »

Tiggrae, just received this from the enforcement as well

Dear Ms

Bespoke Finance Limited (previously Karacus Limited) has never been licensed or held any authorisation issued by this Commission.

Please find attached a company profile, which provides basic public details about the company as filed at Companies House in Gibraltar. We would like to review any supporting documentation before reaching a view as to whether Bespoke Finance Limited is, or has been involved in licensable activity.

Yours sincerely.

What does this mean.

I wrote this to them

I took out a loan with PPI attached in 2000 and was missold this and although i have now settled the loan a few years ago I have all the necessary criteria for this being missold i am being directed from my uk company to a company based in Gibrlatar. The company i dealt with in the UK was Freedom Finance and they say that they are processing loans and ppi for a company based in Gibraltar called Bespoke Finance Limited. My loan was taken out 14th Jan 2000. This gives our authorities little jurisdiction over this claim and i wondered if you could tell me if this company is, and the date if possible, that they were actually authorised to sell insurance there as there are quite a number of people like myself in this situation.

http://www.gibraltarlaws.gov.gi/articles/1987-10o.pdf

http://www.gibraltarlaws.gov.gi/articles/1990s009.pdf

Hi - sorry but it sounds as though you're saying the loan was mis sold, I'd resend it as

I took out a loan with Payment Protection Insurance during 2000 through a Company based in the UK called Freedom Finance. As I believe the PPI element was mis sold I have made a complaint to Freedom only to be directed from them to a Company based in Gibraltar, namely Bespoke Finance whom Freedom now state they were acting on behalf of.

My loan was taken out 14th Jan 2000 so this gives UK authorities little jurisdiction over this claim. I therefore, wondered if you could tell me if this company is, and the date if possible, actually authorised to sell insurances from Gibraltar as there are quite a number of people like myself in this situation. - They do hold a Consumer Credit Licence granted to them within the UK - does this allow them to operate within Gibraltar as a UK offshore Company ??

tiggrae

nothingwitty wrote: »

Tiggrae,

As always, many thanks. The court advised that they received a defence but it was a week after default judgement was awarded so they returned it. To date, nothing else has been received by the court. I'm wondering whether HBOS are just leaving me in limbo and trying to stretch the claim out even further by keeping me guessing as to what their next move might be!!! Do I just keep waiting? I want to go into one of their branches with a copy of the default judgement and just sit there until someone talks to me or pays me!!!! Grrrrr.

Thanks again :beer:

Go back to the court and ask them what they think you should do - as the Court have returned their defence it could be your judgement stands. I'd also write to HBOS and tell them as their defence has been returned by the court for being out of time if they don't pay up within 7 working days you'll instruct bailiffs to enter their HQ premises in Halifax and seize goods to the value of your judgement

SuzySu

Thanks Tiggrae. We do have the paperwork for the loan, but not separate paperwork for the PPI section (as I now believe we should have had). There is no way we would have requested PPI - not at that price and certainly not if it only covered one fifth of the duration of the loan.

Does it make a difference if they operate a "no claims" system (which they do) ie. if you don't default, or make a claim in the first three years, they refund 50% of the PPI over years 3, 4 and 5. We are only just 14 months into the loan agreement so will not benefit from this.

BTW - included in the redemption figure is an amount for Insurance rebate of £1,200. How come they are only refuding that amount out of £11,200?