PPI Reclaiming discussion Part II

marshallka

sparky0107 wrote: »

Morning all,
Sent off to Halifax Cetelem, for my original CCA, for retail sale of 3 piece suite from CSL, put in the letter about sales person being pushy, not stating policy was optional & lack of training for selling insurance products, then sent off the template letter asking for PPI back. Received this reply yesterday, can you tell me where to go from here? Any help appreciated.

Cetelem (UK) Limited

Anderston House
389 Argyle Street
Glasgow
Scotland
G2 8LR

Sparky 0107
XXXXXXXXXX
XXXXXXX
XXXXX
XXXXXXXX
XXXXXXX

Account number: XXXXXXXXXXXXXX



Dear Sparky0107

We refer to your letter concerning Payment Protection Insurance (PPI).

There is no evidence whatsoever to support the allegation that you were mis-sold Payment Protection Insurance (PPI).

The Agreement makes it clear that PPI was optional; the criteria for making a claim are set out clearly, as is the cost of the policy. You have failed to provide any evidence substantiating your claim that the retailer failed to explain the key aspects of your policy or provide information at the time to enable you to make an informed decision as to whether or not to accept PPI. For those reasons the allegation that you were mis-sold PPI is refuted.

As you will be aware, the sale of PPI was not regulated until 14 January 2005. In addition, we confirm that, other than holding the requisite consumer credit licence (as required by the Office of Fair Trading), Cetelem (UK) Limited was not and was never a member of the General Insurance Standards Council (GISC) or the Association of British Insurers (ABI). Furthermore, Cetelem (UK) Limited is not a member of the Financial & Leasing Association (FLA). As a result, neither the Financial Ombudsman Service nor the FLA have jurisdiction to deal with this matter.

Furthermore, we confirm that Cetelem (UK) Limited ceased to write any business with effect from January 2005

Yours Sincerely
XXXXXX XXXXX

Thanks again

I don't think they are allowed to tell you what is within the FOS's jurisdiction. I was reading about how firms have to handle complaints fairly yesterday on the FSA site and this is not telling you your rights in a fair way.

sarahc5388

marshallka wrote: »

I don't think they are allowed to tell you what is within the FOS's jurisdiction. I was reading about how firms have to handle complaints fairly yesterday on the FSA site and this is not telling you your rights in a fair way.

I agree marshallka - sounds like bullying if you ask me, FSAs TCF:
The six TCF outcomes

We have defined six consumer outcomes, which explain what we want TCF to achieve for consumers.


Outcome 1: Consumers can be confident that they are dealing with firms where the fair treatment of customers is central to the corporate culture.
Outcome 2: Products and services marketed and sold in the retail market are designed to meet the needs of identified consumer groups and are targeted accordingly.
Outcome 3: Consumers are provided with clear information and are kept appropriately informed before, during and after the point of sale.
Outcome 4: Where consumers receive advice, the advice is suitable and takes account of their circumstances.
Outcome 5: Consumers are provided with products that perform as firms have led them to expect, and the associated service is of an acceptable standard and as they have been led to expect.
Outcome 6: Consumers do not face unreasonable post-sale barriers imposed by firms to change product, switch provider, submit a claim or make a complaint.

http://www.fsa.gov.uk/Pages/Doing/Regulated/tcf/index.shtml

marshallka

mortimerrankine wrote: »

Hi Jill, I am at the same point as you. I was told by company it was no win no fee but i have to sign this agreement and i am also worried after reading it i could be liable for a lot of money. Also they want to use either my home or car insurance legal services cover and i think this will hinder my no cliam bonus. It also states on form they charge a 65% fee i have emailed the solictior so i have exactly what is actually happening. They also want to use either my hom, car or union legal services cover something else i am worried about. I thought this was the easy route as well !!!!!!!!!1

I would hang on and see if you can do this yourself. Its sounds very dodgy.:eek:

sarahc5388

marshallka wrote: »

I would hang on and see if you can do this yourself. Its sounds very dodgy.:eek:

you read my mind marshallka! it does indeed - i suspect that these companies are here to rip more people off.

There are plenty of people on here to help along the way, who have already been through most situations, we even have some experts!

bb23

When they take it as one large chunk at the start of the loan, that's grounds for a claim isnt it?

I sent my letter about 1.5 weeks ago and they did write back saying they were investigating it etc but i'm starting to worry that the grounds i gave wont constitute a cliam...here is the first part of my letter

"....This is due to the fact that I was not given the correct information when the policy was sold to me, as your salesperson implied that taking out the policy would assist my credit application.


I was in a lot of debt problems and I remember your salesperson was very pushy in selling me the policy so that I felt I could not say no, they also did not tell me that the policy was optional.


Unless you can satisfactorily justify to me that the policy was fair and reasonable I am requesting a full refund of all premiums. I can see by my old statements the total ‘Loan Protection’ is £2268.27 that was taken as a lump sum at the start of the loan. As I believe I have been deprived of this money I also expect 8% statutory interest which brings the total PPI cover plus interest to the amount of £2449.72. I have attached a print out of the statement from September 2003...."

I'll be ok with this wont i - its definately a claim?

marshallka

bb23 wrote: »

When they take it as one large chunk at the start of the loan, that's grounds for a claim isnt it?

I sent my letter about 1.5 weeks ago and they did write back saying they were investigating it etc but i'm starting to worry that the grounds i gave wont constitute a cliam...here is the first part of my letter

"....This is due to the fact that I was not given the correct information when the policy was sold to me, as your salesperson implied that taking out the policy would assist my credit application.


I was in a lot of debt problems and I remember your salesperson was very pushy in selling me the policy so that I felt I could not say no, they also did not tell me that the policy was optional.


Unless you can satisfactorily justify to me that the policy was fair and reasonable I am requesting a full refund of all premiums. I can see by my old statements the total ‘Loan Protection’ is £2268.27 that was taken as a lump sum at the start of the loan. As I believe I have been deprived of this money I also expect 8% statutory interest which brings the total PPI cover plus interest to the amount of £2449.72. I have attached a print out of the statement from September 2003...."

I'll be ok with this wont i - its definately a claim?

If they do write back and say "we found it was sold correctly" then you start the ball rolling by asking for SAR which is all the details they hold about you including any telephone convo's. At least they say they are investigating it. You may be lucky.

bb23

thanks - i dont think there were telephone convos, it was in a little office in my brank i just walked in one day and asked to talk to someone and it all happened really fast.

im sure they cant just take the money out in one chunk can they - this is my statement from that day



CR LOAN CAPITAL £12,260.00 (paid in) [totally confusing when its meant to be a 10k loan?]
DR LOAN PROTECTION £2,268.27 (taken out)
DR LOAN REPAYMENT A/C £12,466.84 (taken out??)
CR LOAN PROTECTION £2,268.27 (paid back in again?)
DR LOAN REPAYMENT A/C £ 914.42 (taken out)
CR LOAN CAPITAL £12,260.00 (paid in)
DR LOAN PROTECTION £2,268.27 (taken out AGAIN)

Balance after all of this malarky CR £8242.34 (which was meant to be a 10k loan)

its all very confusing!

marshallka

bb23 wrote: »

thanks - i dont think there were telephone convos, it was in a little office in my brank i just walked in one day and asked to talk to someone and it all happened really fast.

im sure they cant just take the money out in one chunk can they - this is my statement from that day



CR LOAN CAPITAL £12,260.00 (paid in) [totally confusing when its meant to be a 10k loan?]
DR LOAN PROTECTION £2,268.27 (taken out)
DR LOAN REPAYMENT A/C £12,466.84 (taken out??)
CR LOAN PROTECTION £2,268.27 (paid back in again?)
DR LOAN REPAYMENT A/C £ 914.42 (taken out)
CR LOAN CAPITAL £12,260.00 (paid in)
DR LOAN PROTECTION £2,268.27 (taken out AGAIN)

Balance after all of this malarky CR £8242.34 (which was meant to be a 10k loan)

its all very confusing!

have you queried this with them about the 10K thing? Did you receive 10K or the amount above? Is this the total loan including interest do you think?

It doesn't add up at all.

sarahc5388

marshallka wrote: »

have you queried this with them about the 10K thing? Did you receive 10K or the amount above? Is this the total loan including interest do you think?

It doesn't add up at all.

I'd definately question these figures

sparky0107

sarahc5388 wrote: »

I would send it to the shop - also include a SAR (subject access request), it costs a tenner but they have to provide you with everything on the account. Are you still paying this by the way?

Thanks again sarah,
I have all the paperwork SAR/CCA. Last payment was 2006, the PPI is for £230.20, with 8% statutory interest for £70.20, I know its not a lot but it's the principal.