PPI Reclaiming discussion Part II

marshallka

tiggrae wrote: »

have you posted it yet?

yes, why ???

You've got me really worried now

tiggrae

marshallka wrote: »

yes, why ???

Ok, if you hadn't I would have done some editing - please don't take this the wrong way it's just that it's well a little jumbled - I know exactly what you're trying to tell them but I know the full saga, but I'm not sure they will

marshallka

tiggrae wrote: »

Ok, if you hadn't I would have done some editing - please don't take this the wrong way it's just that it's well a little jumbled - I know exactly what you're trying to tell them but I know the full saga, but I'm not sure they will

Well time will tell. Nothing too bad then. I have told it like it is basically. What would you have edited tiggrae and maybe they will get back in touch with me anyway.

MWH1

**AquariausAngel** wrote: »

Thanks for your comments. Have you managed to recover your PPI from your loan taken out in 2001?

I have sent off an official complaint to the FOS and I am waiting for Barclaycard to send me the signed documentation when I 'agreed' to having PPI. I will check to see if there is a pre-ticked box then. I don't think I'm allowed to write back to them after their Final Response am I? I don't even know how much PPI I have accrued anyway. I was thinking of writing back and asking for a list of how much PPI I have paid to date, shall I do this or wait for the FOS to get back to me?

About to commence a reclaim for the MBNA credit card PPI. I already have a PPI reclaim with FOS (HBOS) which is awaiting arbitration (since start of March 08)

As Marshall said, you can correspond with the company after they've given you their final response, but its unlikely they'll change their position on the reclaim. Again, as per Marshallka, request an SAR to get all your account details. Go to page 21 of this thread and copy 'Laini' post which includes a template SAR. It is first class stuff :T . Send the £10 and despatch it by recorded delivery. You dont want them saying they didn't receive it as they have 40 days in which to respond. You should be able to calculate the PPI total from the documents they send. In any case, if the FOS rule in your favour, they will calculate the value of the PPI reclaim on your behalf.

tiggrae

marshallka wrote: »

Well time will tell. Nothing too bad then. I have told it like it is basically. What would you have edited tiggrae and maybe they will get back in touch with me anyway.

I've done a bit of a re-write, I've removed the section about unfair contract terms as this piece of legislation refers to specific and individual contract terms within a contract not a contract as a whole

Dear Sirs,
RE: Freedom Finance / Bespoke Finance.

With regard to the above, I would like to formally make a complaint regarding the actions, which I believe are a form of conspiracy, undertaken by above mentioned companies to avoid the possibility of my (or any other customer) being able to take legal action against Freedom Finance for the mis selling of Payment Protection Insurance Policy. The following is an outline of the issues I would like to raise:
We initially took out a loan with Firstplus plc in January 2000, and recently raised a complaint with them regarding the sale of a PPI insurance policy. However, upon contacting Firstplus, they informed us our complaint had to be made to a company called Bespoke Finance Limited, located in Gibraltar as they had originally sold us the PPI. I can categorically state I have never heard of this firm and knew definitely we had no dealings with. We queried this again and were informed I had to contact Freedom Finance Ltd (formally Wilmslow Financial Services) as they PROCESSED the loan and the PPI for Bespoke, this Company name I do remember dealing with when the loan / PPI was sold to me. I have the following in writing from Firstplus "I note from our records the loan /PP policy were sold by Bespoke Finance and I have therefore, passed your complaint onto them".

I requested a telephone number and address of Bespoke from Firstplus, which interesting they could not immediately supply. Firstplus, then wrote to me giving me the details of this company in Gibraltar and on the very same day, I received a letter from Bespoke Finance stating ‘they had looked into my complaint and did not believe the PPI was mis sold’.

I subsequently contacted Freedom Finance, stating I wished to deal with the company who I had dealt with in respect to loan, as I had never heard of Bespoke Finance nor do I believe they had anything to do with the sale of my loan and had presumed probably like many others Freedom Finance were the broker. I was informed they had passed my complaint to Bespoke Finance. I stated I had received a letter from Bespoke saying they had investigated my complaint and they would not look into this further, Freedom also stated there is nothing else we can do, we only process on behalf of Bespoke. I have requested a SAR from Freedom, as I am adamant they brokered the loan. I am still waiting for this to be complied with.


I again spoke to Bespoke Finance on Friday 13th June 2008, during this conversation I was informed they had now retrieved my records from archive and that they would be sent over to Freedom Finance as they had a better compliance team than Bespoke. How then can a full investigation have been carried out when the records were only recently located? Again, they had no intention of carrying out any form of investigation and I do not actually believe they held any such record.

I believe Bespoke Finance had nothing whatsoever to do with the sale of my loan / PPI and Freedom are mis leading all their customers by passing over complaints to a related company, based in Gibraltar, to avoid any legal action being brought against them in the UK for the mis selling of PPI. As I understand it, Gilbraltar comes under the jurisdiction of the English County Court system, however, should I win my case but Bespoke refuse to pay, the English Court Bailiffs have no jurisdiction for entities based within Gibraltar. Therefore, none of the protection afforded by any UK Consumer Legislation is applicable as Bespoke are not physically UK based.

• Currently the Freedom Finance Website states:

• Freedom Finance Plc registered in England and Wales (company number 1780977). Bespoke Finance, Suite2C, EurolifeBuilding, 1 Corral Road, Gibraltar introduce loan enquiries to Freedom Finance. Freedom Finance process and manage the enquiries which originate from this advertising.

However, they also go onto state:

• 
  The largest part of our business is Freedom Finance Plc, which is one of the U.K's leading national finance brokers in personal loans to homeowners and mortgages.

How is it possible for a processor also, to be a broker. Also, how and when should customers be made aware of what each of the different companies are supposedly undertaking on their behalf.
The Bespoke Website states:

• Bespoke Finance work very closely with Freedom Finance, one of the largest secured loan brokers in the United Kingdom. Freedom Finance provides their expertise of loan processing to ensure that our customers receive the best possible service and the correct loan to meet their individual requirements.
  
  There are no terms and conditions on this website and yet freedom site "This web site (the "Site") is owned by Bespoke Finance Ltd and operated by Freedom Finance Plc and any access to this Site is governed by these terms and conditions". Again, it’s very misleading as to whether you are to take the terms and conditions from Freedoms site or relate to them from Bespoke Finance Limited.

I note Bespoke Finance has been owned by FIDECS from 2003, but according the Gibraltan Financial Services Commission, Bespoke have no licence to operate Financial Services within Gilbraltar, are they not required to hold one to operate within Gibraltar as they hold a Consumer Credit Licence with the UK Office of Fair Trading.

This is all extremely misleading and I do truly believe these two companies are conspiring together simply to avoid any possible claims for mis selling and would like to request an investigation in the operation of both these companies in respect to their response to customers complaints for the Mis selling of PPI.

Yours faithfully

marshallka

tiggrae wrote: »

I've done a bit of a re-write, I've removed the section about unfair contract terms as this piece of legislation refers to specific and individual contract terms within a contract not a contract as a whole

Dear Sirs,
RE: Freedom Finance / Bespoke Finance.

With regard to the above, I would like to formally make a complaint regarding the actions, which I believe are a form of conspiracy, undertaken by above mentioned companies to avoid the possibility of my (or any other customer) being able to take legal action against Freedom Finance for the mis selling of Payment Protection Insurance Policy. The following is an outline of the issues I would like to raise:
We initially took out a loan with Firstplus plc in January 2000, and recently raised a complaint with them regarding the sale of a PPI insurance policy. However, upon contacting Firstplus, they informed us our complaint had to be made to a company called Bespoke Finance Limited, located in Gibraltar as they had originally sold us the PPI. I can categorically state I have never heard of this firm and knew definitely we had no dealings with. We queried this again and were informed I had to contact Freedom Finance Ltd (formally Wilmslow Financial Services) as they PROCESSED the loan and the PPI for Bespoke, this Company name I do remember dealing with when the loan / PPI was sold to me. I have the following in writing from Firstplus "I note from our records the loan /PP policy were sold by Bespoke Finance and I have therefore, passed your complaint onto them".

I requested a telephone number and address of Bespoke from Firstplus, which interesting they could not immediately supply. Firstplus, then wrote to me giving me the details of this company in Gibraltar and on the very same day, I received a letter from Bespoke Finance stating ‘they had looked into my complaint and did not believe the PPI was mis sold’.

I subsequently contacted Freedom Finance, stating I wished to deal with the company who I had dealt with in respect to loan, as I had never heard of Bespoke Finance nor do I believe they had anything to do with the sale of my loan and had presumed probably like many others Freedom Finance were the broker. I was informed they had passed my complaint to Bespoke Finance. I stated I had received a letter from Bespoke saying they had investigated my complaint and they would not look into this further, Freedom also stated there is nothing else we can do, we only process on behalf of Bespoke. I have requested a SAR from Freedom, as I am adamant they brokered the loan. I am still waiting for this to be complied with.


I again spoke to Bespoke Finance on Friday 13th June 2008, during this conversation I was informed they had now retrieved my records from archive and that they would be sent over to Freedom Finance as they had a better compliance team than Bespoke. How then can a full investigation have been carried out when the records were only recently located? Again, they had no intention of carrying out any form of investigation and I do not actually believe they held any such record.

I believe Bespoke Finance had nothing whatsoever to do with the sale of my loan / PPI and Freedom are mis leading all their customers by passing over complaints to a related company, based in Gibraltar, to avoid any legal action being brought against them in the UK for the mis selling of PPI. As I understand it, Gilbraltar comes under the jurisdiction of the English County Court system, however, should I win my case but Bespoke refuse to pay, the English Court Bailiffs have no jurisdiction for entities based within Gibraltar. Therefore, none of the protection afforded by any UK Consumer Legislation is applicable as Bespoke are not physically UK based.

• Currently the Freedom Finance Website states:

• Freedom Finance Plc registered in England and Wales (company number 1780977). Bespoke Finance, Suite2C, EurolifeBuilding, 1 Corral Road, Gibraltar introduce loan enquiries to Freedom Finance. Freedom Finance process and manage the enquiries which originate from this advertising.

However, they also go onto state:

• 
  The largest part of our business is Freedom Finance Plc, which is one of the U.K's leading national finance brokers in personal loans to homeowners and mortgages.

How is it possible for a processor also, to be a broker. Also, how and when should customers be made aware of what each of the different companies are supposedly undertaking on their behalf.
The Bespoke Website states:

• Bespoke Finance work very closely with Freedom Finance, one of the largest secured loan brokers in the United Kingdom. Freedom Finance provides their expertise of loan processing to ensure that our customers receive the best possible service and the correct loan to meet their individual requirements.
  
  There are no terms and conditions on this website and yet freedom site "This web site (the "Site") is owned by Bespoke Finance Ltd and operated by Freedom Finance Plc and any access to this Site is governed by these terms and conditions". Again, it’s very misleading as to whether you are to take the terms and conditions from Freedoms site or relate to them from Bespoke Finance Limited.

I note Bespoke Finance has been owned by FIDECS from 2003, but according the Gibraltan Financial Services Commission, Bespoke have no licence to operate Financial Services within Gilbraltar, are they not required to hold one to operate within Gibraltar as they hold a Consumer Credit Licence with the UK Office of Fair Trading.

This is all extremely misleading and I do truly believe these two companies are conspiring together simply to avoid any possible claims for mis selling and would like to request an investigation in the operation of both these companies in respect to their response to customers complaints for the Mis selling of PPI.

Yours faithfully

i have now forwarded your copy as well to the FOS and OFT. Thanks for that tiggrae. Now would you look at my bespoke one





I write with reference to your letter dated 7th May, 2008 in regards to the PPI that was sold by Freedom Finance and the complaint that was passed to yourselves from FIRSTPLUS. I
I note that you say that you “treat all complaint matters very SERIOUSLY”. I would like to point out that you have written that at the time of our application with Freedom Finance, Freedom Finance provided us with a booklet outlining the benefits and conditions of the optional payment protection policy; it also STATED that the policy was 5 years. This booklet was designed by your lender and issued by Freedom Finance PRIOR TO OUR SIGNATURE. We applied without this as we did not want it and applied for a loan over 10 years or £17,000.
We never ticked any of the boxes for receiving an explanatory leaflet with regards to the payment protection cover. WE DID NOT ASK OR WANT IT
We never ticked any of the boxed to say we had read and fully understood it. WE DID NOT NEED TO READ ANYTHING OR UNDERSTAND ANYTHING THAT WE HAD NOT APPLIED FOR.
We enclose herewith documented proof of this and hope that now you will look into our matter again. We were not given a choice as regards to this ppi and were told it was a condition of the loan. I actually telephoned FIRSTPLUS and have written confirmation on a telephone call in 2003 that we received no documents prior to this loan from your company that was acting at the time and I stated this clearly.
I did not know that this policy was front loaded
I did not know the policy was only for one person and not joint.
I did not know that it lasted for 5 years on a NOW 13 PLUS year loan as when the ppi was added the loan was then lengthened by 40 months.
Upon applying for the facility the seller did make the following misrepresentations to us regarding details of the loan facility, thereby inducing us as reasonable people into a contract for the purchase of separate ppi. Under the misrepresentation act 1967 this constitutes negligent misrepresentation.
Between our actual application and the actual credit agreement there were 10 days and 6 of those days were either bank holidays or weekends. It was also Christmas week and the post was delayed too. I never received the advance copy of the agreement either. We have also got a discrepancy with regard to the income details that FIRSTPLUS have about us and have sent out with our SAR as these are wrong. I actually queried this in a phone call again some years back too. WE WROTE OUR CORRECT INCOME DETAILS on the application.
I trust this will now be dealt with as a very SERIOUS MATTER.
We applied for a loan £17k over 10 years with NO PPI and repayments of £280.
We got a loan of £17k with ppi added of £4163 with no explanation of it being 5 years, optional, or only for one person and we were told it was added as a condition of the loan. Our repayments were still £280 but the loan was EXTENDED BY 40 MONTHS TAKING THIS OVER 13 PLUS YEARS.
I WOULD LIKE ALL THE PPI BACK AND TO BE PUT BACK INTO THE POSITION I WOULD BE IN IF I HAD NOT HAD THIS PPI ADDED TO LOAN. I WOULD LIKE INTEREST TO BE ADDED AT THE RATE THAT A COURT WOULD AWARD BEING 8% PER ANNUM AND THE DIFFERENCE BETWEEN THE SETTLEMENT ON A TEN YEAR LOAN AND A 160 MONTH LOAN WITH INTEREST.
ENCLOSED IS A COPY OF THE ACTUAL AGREEMENT AND LETTERS THAT YOU SENT OUT TO ME.
I NOTE THAT THE LETTER THAT I RECEIVED FROM YOURSELVES IS IDENTICAL TO THAT BEING SENT OUT TO OTHER CLAIMANTS OF THEIR PPI AND THIS SHOWS A LACK OF RESPECT TO YOUR CUSTOMER COMPLAINTS IN HANDLING THEM WITH COURTESY AND INDIVIDUALITY AND ACTUALLY LOOKING INTO THESE MATTERS.


It is paragraphed but never comes out on here the same.

tor*

Tabitha72 wrote: »

Hi,
I'm new to the forum.
I have helped my son to make a claim to Lloyds TSB for PPI using the templates provided by this site ( thanks for those ).
He was told upon application for the loan (£3000 ) that he would not get a loan without taking out their insurance.
He has received a reply in essence stating that Lloyds TSB never force people to take out insurance & as the box was ticked ( by computer !), he obviously agreed to voluntarily take out the insurance. They say that they find in their own favour & owe him nothing.
Can anyone advise please.

Hello there,
Sorry to here what has happened with your son taking out the PPI, the same thing happened to me so i sent them a letter asking for it back and they said i wasn't entitled to any of the insurance back and that Lloyds TSB never force people to take out insurance and that they have full training and financial background to deal with loans-PPI insurance. This we all know is a load of rubbish as there were on watchdog and in the local and national newpapers for mis-selling loans, i can't help you at the moment as i am in the same boat, but if i find a way i will let you know, could you also let me know if you find a way aswell please. Thank you Tor*

angelwillow

navydiver wrote: »

Can anyone give me some advice, my daughter followed the same precedure as me for claiming back her PPI on her Dorothy Perkins card, this is managed by GE Money which is one of the firms already fined.

When she took out the card she was still at College, and was there for the next 2 years, so the PPi did not apply anyway, but she was not told it was optional.

She has recieved a copy of her agreement and the date of birth is wrong by a year to start with but they are telling her it was stated as optional on the form and she signed the form in the shop, so they are rejecting her claim.

Can anyone advise as to where we go from here, do we just write back saying we want to go to the ombusdman, or do we do something else.

Any advice would be greatly appriciated

Sorry to tell you this but FO won't touch it,and nor will anyone else that I have tried - FLA,FSA etc. - if it was before April 2007(?)
G.E weren't regulated by anyone until recently so basically have the attitude that they could do whatever they wanted and nobody can pull them up for it.

tor*

Does any one know how to claim back the PPI insurance from Lloyds TSB as they are sticking to there guns claiming that there staff are given full training and do not force people into taking out the PPI, yet when i took out a loan for a very large amount as a consolidation as advised by them the tick was in the PPI box already done by the computer and i was very much forced and pressured into taking out the loan and not told that it was optional nor did i receive a loan insurance booklet. I am now a full time carer for my husband who is disabled from an accident at work 1 year after taking out the loan i asked the bank to take the loan over further years so i could afford the payments and they said no and because the loan payments went into arrears they canceled the insurance to which we put in a claim and they never carried on with it, so now we cannot get any money back and desperately want to know if there is anything else we can do!!!!! thanx

marshallka

tor* wrote: »

Does any one know how to claim back the PPI insurance from Lloyds TSB as they are sticking to there guns claiming that there staff are given full training and do not force people into taking out the PPI, yet when i took out a loan for a very large amount as a consolidation as advised by them the tick was in the PPI box already done by the computer and i was very much forced and pressured into taking out the loan and not told that it was optional nor did i receive a loan insurance booklet. I am now a full time carer for my husband who is disabled from an accident at work 1 year after taking out the loan i asked the bank to take the loan over further years so i could afford the payments and they said no and because the loan payments went into arrears they canceled the insurance to which we put in a claim and they never carried on with it, so now we cannot get any money back and desperately want to know if there is anything else we can do!!!!! thanx

When was this taken out and how much was the ppi and was it front loaded?

I have just looked at your previous posts and noted that you wanted to claim on this and they had cancelled it. Was it cancelled before you made the claim as it looks like they cancelled it after you went into arrears in which case this was after you making a claim. What readon did they give for not letting you claim?

Its disgusting how they treat people.