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PPI Reclaiming discussion Part II

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  • mark863
    mark863 Posts: 5 Forumite
    Sent first template letter to car sales company in april about ppi they sold me with car finance and this was the reply they have sent.


    With reference to your letter dated 15/04/08 we have investigated your claim and can advise that after consideration and having spoken to the Financial Ombudsman’s office, your alleged claim does not fall within the Ombudsman’s jurisdiction.

    With this in mind, I am afraid to advise you that we will not consider any settlement with regard to your alleged claim for the following reasons:-


    The insurance product you took out was purchased prior to the Group being regulated (14th January 2005)

    The insurance product you took out was terminated prior to the Group being regulated (14th January 2005)


    You still have the right to refer your complaint to the Financial Ombudsman Service at the following address:-

    Financial Ombudsman Service
    South Key Plaza
    183 Marshall Ward
    London
    E149SR



    Can anyone advise me what to do next?

    Is this just a standard fob off in hope I will give up or is there any truth in the statement about the Group (Lookers/Taggarts motor group) not being regulated prior to the date quoted?


    Thanks.
  • YEOSAL
    YEOSAL Posts: 122 Forumite
    marshallka wrote: »
    Thanks for that. I know. I want to post a post saying i've won too. I bet you are all getting fed up of me here.:o

    You will win in the end and the help and support that you have given people is great. You will be an expert by the time you have finished! :T
    PPI Reclaimed -
    DFS £345.70 :D
    Credit Card Charge Successes x 4 :beer: :money:
  • sarahc5388
    sarahc5388 Posts: 260 Forumite
    mark863 wrote: »
    Sent first template letter to car sales company in april about ppi they sold me with car finance and this was the reply they have sent.


    With reference to your letter dated 15/04/08 we have investigated your claim and can advise that after consideration and having spoken to the Financial Ombudsman’s office, your alleged claim does not fall within the Ombudsman’s jurisdiction.

    With this in mind, I am afraid to advise you that we will not consider any settlement with regard to your alleged claim for the following reasons:-


    The insurance product you took out was purchased prior to the Group being regulated (14th January 2005)

    The insurance product you took out was terminated prior to the Group being regulated (14th January 2005)


    You still have the right to refer your complaint to the Financial Ombudsman Service at the following address:-

    Financial Ombudsman Service
    South Key Plaza
    183 Marshall Ward
    London
    E149SR



    Can anyone advise me what to do next?

    Is this just a standard fob off in hope I will give up or is there any truth in the statement about the Group (Lookers/Taggarts motor group) not being regulated prior to the date quoted?


    Thanks.
    standard fob off letter - write again and request a sar (Subject Access Request) enclose a cheque or postal order for £10, they have 40 calendar days in which to supply you with all the stuff. Do a search on this thread for SAR and you should come up with an excellent one from Laini (star) - you can also ask for further info i.e training procedures for the selling of PPI in place at the time of sale. Who's the company by the way? when did you take the loan and ppi out - when did you settle - how much was the PPI and what was the settlement figure
    LTSB PPI - £770 ish for dad
    LTSB PPI for dad - £1800 for dad
    Barclays PPI claim for self-£2204
    Dads home insurance - reduced by £200 a year "WE DO NOT LIVE IN FLOOD AREA AND I DON'T SEE WHY WE SHOULD PAY FOR THOSE THAT DO - I WANT TO SPEAK TO YOUR SUPERVISOR"!

  • YEOSAL
    YEOSAL Posts: 122 Forumite
    cmac wrote: »
    hi YEOSAL
    thats really funny did you could you do it ??

    I refused as I could not be impartial - what would bank say? you want ppi now, but you are taking us to court for refund of it? If I had not started court proceedings I would have done it with pleasure :D

    I did do a building society though and they told me I did not need it and it was very expensive . Wish my bank had said that when I originally took out the loan :rolleyes:.
    PPI Reclaimed -
    DFS £345.70 :D
    Credit Card Charge Successes x 4 :beer: :money:
  • sarahc5388
    sarahc5388 Posts: 260 Forumite
    YEOSAL wrote: »
    I refused as I could not be impartial - what would bank say? you want ppi now, but you are taking us to court for refund of it? If I had not started court proceedings I would have done it with pleasure :D

    I did do a building society though and they told me I did not need it and it was very expensive . Wish my bank had said that when I originally took out the loan :rolleyes:.

    Yeosal, if i don't get chance - all the very best of luck with your court case - hopefully it won't actually get to it and they'll settle beforehand
    LTSB PPI - £770 ish for dad
    LTSB PPI for dad - £1800 for dad
    Barclays PPI claim for self-£2204
    Dads home insurance - reduced by £200 a year "WE DO NOT LIVE IN FLOOD AREA AND I DON'T SEE WHY WE SHOULD PAY FOR THOSE THAT DO - I WANT TO SPEAK TO YOUR SUPERVISOR"!

  • mon1o
    mon1o Posts: 749 Forumite
    marluc wrote: »
    Hi Monica.
    Yes ours was pre ticked too. However, my argument also included that it was mis sold as: the PPI only applied to me - our loan was in joint names, it only covered 5 years, not the full term of the loan. Also FF said I signed the form, so I agreed. My argument for the court case was- over reliance of documentation sent through the post - we would not be expected to understand it all. I also quoted the case of Howard maine v A Ogden 1975. Also PPI price far exceeded what is reasonable as required by supply of goods and services act 1982 S.15
    If you need any more help, let me know.
    Take care


    Thanks for that. Basically the reasons for misseling to us are 1)that it was compulsory. We were told that until we signed the paperwork we couldnt have the loan and this can be substantiated by the paperwork we have. PPI paperwork dated 9th December, loan paperwork signed 17th and 29th December. Also we have quoted the fact that it only covers 5 years (i thought our loan was for 10 years actually its 25 :eek: so 5 years ppi is worthless to us.

    Thankyou for the other info re over reliance of documentation etc is it ok if we use the same argument? I dont want you to think we are copying your idea lol!

    Can i also ask, as our loan is still being paid off, is there a chance they will deduct the ppi from the loan amount or is it completely separate and will we get a cheque?

    Thanks again!
    Monica
  • mark863
    mark863 Posts: 5 Forumite
    sarahc5388 wrote: »
    standard fob off letter - write again and request a sar (Subject Access Request) enclose a cheque or postal order for £10, they have 40 calendar days in which to supply you with all the stuff. Do a search on this thread for SAR and you should come up with an excellent one from Laini (star) - you can also ask for further info i.e training procedures for the selling of PPI in place at the time of sale. Who's the company by the way? when did you take the loan and ppi out - when did you settle - how much was the PPI and what was the settlement figure


    The company is Ian Shipton Cars, Burton on Trent...Reply from them was headed Lookers/Taggarts so think they have been bought out since my purchase although still trading with the same name.

    I dont see how a sar will help though.

    I have original agreement and a statement of my monthly d/d payments from finance company.

    Will look for posts you suggested....thanks.


    ps have claimed £306 back from DFS
  • alleybabes
    alleybabes Posts: 92 Forumite
    marshallka wrote: »
    I really need a holiday but i don't think Gib would be my ideal place of relaxation. :eek:
    Hang in there mate we all support you and you hvae been a great support to everyone on here ,you will win in the end:beer:
  • marshallka
    marshallka Posts: 14,585 Forumite
    di3004 wrote: »
    Hi there.

    Have not had the chance to read right through the threads yet, but regarding GISC, does anyone know if Endeavour were regulated by these in 2004 ?
    Cheers folks.;)

    My complaint is in with the FOS, was sent in over a week ago, but even though its early days I have not had a reply yet, but the final letter from Endeavour states that I cannot complain to the FOS about them because they were not regulated by the FSA, but if they were by GISC then I know we still have a chance.

    Thanks again folks.:D

    Di.
    Hi Di, just found this out from the FSA register and it looks like they registered with the FSA on 31/10/04.(and to undertake insurance mediation). Still cannot be sure about GISC though. I notice your loan was July 2004. You could always make an enquiry with FOS just to ask if they were GISC registered.

    Details here
    http://www.fsa.gov.uk/register/firmBasicDetails.do?sid=109031
  • Laini
    Laini Posts: 448 Forumite
    marshallka wrote: »
    Hi Di, just found this out from the FSA register and it looks like they registered with the FSA on 31/10/04.(and to undertake insurance mediation). Still cannot be sure about GISC though. I notice your loan was July 2004. You could always make an enquiry with FOS just to ask if they were GISC registered.

    Details here
    http://www.fsa.gov.uk/register/firmBasicDetails.do?sid=109031
    hi Marshsalka
    yo seem to be making progress keep at 'em
    got my fingers crossed for you
    Laini x:j
    still fighting for my money !!!
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