PPI Reclaiming discussion Part II

tiggrae

crazy_in_debt wrote: »

Hi all

Sent off my first letter to claim back PPI on my Top Man card and had a reply today. They say no chance but they also say they can't find my original agreement but then say that they know I signed for PPI etc???

Can I tell them to prove I signed it or pay up or am I being too simple?

Thanks all
Crazy

Go back to them and tell them under the Misrepresentation Act 1967 you believe they have committed Negligent Misrepresentation and as such under

• Lord Denning in Esso Petroleum Co. Ltd. v. Mardon [1976] Q.B. 108, stated the Negligent Misrepresentation rule as:

if a man, who has or professes to have special knowledge or skill, makes a representation by virtue thereof to another…with the intention of inducing him to enter into a contract with him, he is under a duty to use reasonable care to see that the representation is correct, and that the advice, information or opinion is reliable.

As Top Man, in your own admission (see attached document date ?? ) has no record as to whether the record indicated whether the PPI was optional or not. Therefore, it cannot be possible to prove Negligent Misrepresentation did not take place and I reiterate my claim statement I did not request the PPI element of the credit agreement and therefore, on the information provided at the time, my interpretation was that is was Compulsory, and I as a reasonable person was induced into said contract for PPI. Should you fail to comply with my request to repay the PPI I will have no alternative but to commence proceedings within the County Court

crazy_in_debt

tiggrae wrote: »

Go back to them and tell them under the Misrepresentation Act 1967 you believe they have committed Negligent Misrepresentation and as such under

• Lord Denning in Esso Petroleum Co. Ltd. v. Mardon [1976] Q.B. 108, stated the Negligent Misrepresentation rule as:

if a man, who has or professes to have special knowledge or skill, makes a representation by virtue thereof to another…with the intention of inducing him to enter into a contract with him, he is under a duty to use reasonable care to see that the representation is correct, and that the advice, information or opinion is reliable.

As Top Man, in your own admission (see attached document date ?? ) has no record as to whether the record indicated whether the PPI was optional or not. Therefore, it cannot be possible to prove Negligent Misrepresentation did not take place and I reiterate my claim statement I did not request the PPI element of the credit agreement and therefore, on the information provided at the time, my interpretation was that is was Compulsory, and I as a reasonable person was induced into said contract for PPI. Should you fail to comply with my request to repay the PPI I will have no alternative but to commence proceedings within the County Court

Blimey tiggrae that was quick!!!

Thanks for that as my first thought was 'oh well that's that then'. If nothing else it will certainly look like I am serious about it anyway so I'll let you know what they say in the near future after firing that at them.

Thanks a million
Crazy

SuzySu

She's good that Tiggrae.....

tiggrae

crazy_in_debt wrote: »

Blimey tiggrae that was quick!!!

Thanks for that as my first thought was 'oh well that's that then'. If nothing else it will certainly look like I am serious about it anyway so I'll let you know what they say in the near future after firing that at them.

Thanks a million
Crazy

thank you all - but honestly I can't type that quick - it's all pre-researched !!!

YEOSAL

sarahc5388 wrote: »

seriously lmao - nearly peed myself

Sounds like you had a good ole laugh on here last night while I was busy at work :rolleyes:

The posts have made me laugh and I read to my OH and he laughed too. Have posted my thanks as having a laugh now and then relieves the tension!
:T

YEOSAL

bathgatebuyer wrote: »

Is the onus not on them to prove that correct procedures were followed and that the insurance product sold to you was 'fit for purpose' under the Sale of Goods Act? I don't that for sure, but it's something I've seen kicking around on other forums. Edit - sorry been back noticed that this relates to the sale of a sofa - should the mis-selling issue then be with the retail store?

Hi

Send the letter to the head office of the shop as they sold you the insurance. Sending it to the shop only makes the process longer.

I successfully claimed against DFS but had to use the courts. I think it only got that far as they were hoping that I would drop it as the sale took place in 2000 so they were claiming it was out of time.

As the amount was £345 including interest and court fee it was not worth their while trying to defend it as it would cost them a lot more than my claim.

If you get a "no" for your final response, then you can take them to court. The FOS would not look at a complaint about DFS as they were not regulated by them, but you could check with them first as it is an easier option if it is available to you.

Good luck and let me know if I can be of further help.

YEOSAL

bb23 wrote: »

all that i ended up with was the 8k

its very weird, i remember him muttering as he was going through it saying stuff like "ok, so we'll ad this here, and we'll take this off now, then we can pay off your debt here with this and then put this back on here" something like that, it wasnt exactly that - i cant remember now it was 5 years ago. i do remember wondering why he was doing like that.

:rolleyes:

Sounds like they have paid off something directly befoe they gave you the balance of the money, maybe a loan, credit card or overdraft you had with them?

I agree and think you need to request a sar so you can see where that money has gone.

shahnaz40

Hi there, I'm new here...

I'm just about to apply for the ppi refund on the grounds that they said that i have to take out a new loan if i want to cancel this and it can only be cancelled in the first 3 weeks!!

Do u think i will get my money back....?? Even if they cancel the stupid thing it'd be better than nothing!!!!

di3004

Hi there folks

Sorry this is about to be another long read, so apologies again.:rolleyes:

Two years ago my we dealt with a complaint ourselves regarding Nemo personal finance, this was during the loan advance stage.
So as this was sold by these themselves, we learnt then about the mis selling going on in this matter, where my hubby was given no choice and had to accept the PPI, anyway to cut a long story short, he had won this claim that was dealt with by the FOS, it was only late last year after over a year of this being with the ombudsman he had received his payout of approx £12K.

Going back to the beginning of the first loan, it was arranged by brokers of e-loan for Nemo, (they are and were regulated when this was taken).
As we had learnt of the mis selling of the advance loan PPI, the ombudsman documents state if we wished to pursue this we can do as a separate claim, but its only now we have got round to dealing with this.
Again this is to do with the loan right from the beginning.

So we requested an SAR from e-loan who said we would have to ask Nemo for all the information/SAR request as all the information is passed on to the providers.
Even though we already had quite a bit of the paperwork from the advance loan/PPI complaint, we thought they would send everything from the beginning to completion as we settled this very early due to remortgaging last August 2007.

Nemo rang me a few days ago to say it was too much to send by post so they will arrange for someone from their works to bring the request direct, so it was arranged for this morning which today was the deadline.
Two of Nemo workers arrived with the documents, and to be honest I recieved more documents from LLoyds TSB than these and they had no problems posting these, and even though there were 2 of their workers there was only the one carrying the documents.
(I expect he was her bodyguard lol).

Hardly anything do to with the 3rd party brokers e-loan, only the application form, etc, not a lot, and most docs were from the advance loan really.

Anyhow, we came across some documents of which were ours to the FOS of when we complained, because obviously the FOS had copies for when they were dealing with the complaint.
Nemo staff had made some sarcastic comments on the side margins, arrow pointed out some comments, such as 'Idiots' (arrow pointing to mine and hubby's name', then something like 'arh so they think they are going to win this complaint then do they' ?
(Of course, they were unaware that we were going to request for an SAR when this was being done),
There were even a comment in one of the write ups, of when they were waiting for us to get hold of them to let them know if we were going to accept the advance loan, because I had told them I could not think right now because my son who has autism was poorly, and no-one else was available to help me out with him to sort the loan out, then noticed an arrow pointing at my comment where they wrote 'School', but there are so many sarcastic comments and feel I have right to complain about this !

Is this right though ? Should they be doing this, writing these comments etc ?

Has anyone else come across anything like this on their's ?
I think its disgusting !:mad:

Not leaving it though, not now !

Cheers folks.
Di.
xxx

SuzySu

That's disgraceful Di - good luck with your claim. I hate unfairness and ignorance and most especially rudeness. Go get 'em.