PPI Reclaiming discussion Part II

bathgatebuyer

HI all - had my copy of the Halifax defence returned to me and they are seeking to hide behind the 6 yr time period issue by quoting the Limitations Act (nevermind that I've been paying premiums as recent as 2 yrs ago).

Also, they claim that they have no fudiciary relationship with me in respect of insurance as this is with Halifax Ireland Insurance whom they say are not part of the Halifax group of companies. Therefore, they allege that there has been no missale. Charming of them.

They state that Halifax Ireland would have provided me with a copy of the terms and conditions of the insurance after the insurance was sold to me (by them!) and that this documentation is enough for me deem that it ws not mis-sold. I don't actually recall receiving any PPI terms and conditions from them, and as someone who's had a few problems with stress and depression over the years, it would have excluded these conditions explicitly and would ahve served no purpose for me. The card was also taken out for a new job I was starting which involved a lot of travel - give the 2 and a half week break between the 2 jobs, it would have also meant that I was outwith the 'continuous employment' requirement they also had in place for claims!

Would be interested to hear people's thoughts on this before I return the Allocation Questionnaire.

tiggrae

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

take your complaint to the Financial Ombudsman

tiggrae

marshallka wrote: »

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.

TRY THAT

RE: Mis Sold PPI

With regard to the above and in respect to your letter dated 7th May 2008, I note you state you “treat all complaint matters very SERIOUSLY”. I would at the time of our application with Freedom Finance state we were NEVER provided with any litriture in respect to the benefits and conditions of the payment protection policy; also it appears was for 5 years, when the £17,000 loan we applied for was (we thought) over 10 years.
We never ticked any of the boxes for receiving an explanatory leaflet with regards to the payment protection cover. 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 you will actually look properly into out complaint as I am not convinced you have EVER investigated this.

We were not given a choice as regards to PPI and were informed it was a condition of the loan. I actually telephoned FIRSTPLUS in 2003, and have written confirmation of said a telephone stating we had received no documents prior to this loan from your company, I also clearly stated:

I did not know this policy was front loaded;
I did not know the policy was only for one person and not joint;
I did not know it lasted for only 5 years on a NOW 13 year PLUS loan (we applied for a 10 year loan only), as when the ppi was added the loan was lengthened by a further 40 months.


Therefore, under the Misrepresentation Act 1967, upon applying for the loan facility, you the seller did make the negligent misrepresentations to us regarding details of the loan facility, thereby inducing us as reasonable people into a contract for the purchase of separate PPI and longer loan facility then we had requested.

Between our actual application and the credit agreement there were 10 days, of which 6 were either bank holidays or weekends. It was also Christmas week with delayed post. I never received the advance copy of the agreement either.

We have also have noted a discrepancy in respect to the income details FIRSTPLUS hold on file. I actually queried this in a phone call again some years back too. WE WROTE OUR CORRECT INCOME and EMPLOYER DETAILS on the application.

I trust this will now be dealt with as a very SERIOUS MATTER.


In summary:

We applied for a £17k loan over 10 years with NO PPI and repayments of £280.
We received a loan of £17k with PPI of £4163 added with no explanation of it being only 5 years cover, optional, or only for one person, 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 YEARS.

I WOULD LIKE ALL THE PPI WE PAID TO BE PAID 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 LETTER YOU SENT OUT TO ME IN RESPECT TO MY COMPLAINT. I NOTE THE LETTER I RECEIVED FROM YOU IS IDENTICAL TO THOSE BEING SENT OUT TO OTHER CLAIMANTS OF PPI MIS SELLING. THIS SHOWS A COMPLETE LACK OF RESPECT TO YOUR CUSTOMER’S COMPLAINTS OR THAT YOU ARE HANDLING THESE WITH COURTESY AND INDIVIDUALITY OR EVEN LOOKING INTO THESE MATTERS.

IF WE FAIL TO HEAR A MORE POSITIVE RESPONSE, I WILL MAKE A FORMAL COMPLAINT TO THE OFFICE OF FAIR TRADING, WHO ISSUE YOU WITH YOUR CONSUMER CREDIT LICENCE TO INVESTIGATE THE DEALINGS BETWEEN FREEDOM FINANCE AND BESPOKE FINANCE, I HAVE ALREADY MADE A FORMAL COMPLAINT TO THE COMPLIANCE SECTION OF GIBRALTARS FINANCIAL SERVICES COMMISSION, AS YOU DO NOT APPEAR TO HOLD A LICENCE WITHIN GIBRALTAR TO CARRRY OUT FINANCIAL SERVICES IN THE NAME OF BESPOKE FINANCE.

marshallka

Tiggrae, did you read my Bespoke letter. I posted it a page back.

I have now sent your edited letter with regards ot Freedom/Bespoke/Firstplus as well as mine and hope this gives them a better understanding of the situation. (my husband thought it was good.).

I have sent a copy of the Bespoke letter to Freedom finance over the weekend by email as i think (according to Bespoke telephone call) that they are dealing with my complaint. I will have to wait until they acknowledge it with "sorry there is nothing we can do" then start the ball rolling with claiming from SOMEONE. I wonder whether my letter about them to the FOS is within their jurisdiction as its not entirely about misselling its about the way it was sold and then misleading me into thinking i dealt with an off shore company. If it is looked into will they beable to do anything about this. Will they be able to get me compensated do you think (restitution). Or is it ok and not entirely unlawful for them to do this. ????

Would the FOS think this is wrong to do what they have done.

tiggrae

marshallka wrote: »

Tiggrae, did you read my Bespoke letter. I posted it a page back.

I have now sent your edited letter with regards ot Freedom/Bespoke/Firstplus as well as mine and hope this gives them a better understanding of the situation. (my husband thought it was good.).

I have sent a copy of the Bespoke letter to Freedom finance over the weekend by email as i think (according to Bespoke telephone call) that they are dealing with my complaint. I will have to wait until they acknowledge it with "sorry there is nothing we can do" then start the ball rolling with claiming from SOMEONE. I wonder whether my letter about them to the FOS is within their jurisdiction as its not entirely about misselling its about the way it was sold and then misleading me into thinking i dealt with an off shore company. If it is looked into will they beable to do anything about this. Will they be able to get me compensated do you think (restitution). Or is it ok and not entirely unlawful for them to do this. ????

Would the FOS think this is wrong to do what they have done.

see the post prior to this - in response to your questions, the loan and mis selling was carried out before the FOS was in place, they have no jurisdiction to investigate - your best option is the Office of Fair Trading - they issue consumer credit licences - but do not have the power of recission (ie to put you back into the position you were in before you got onto the Firstplus / FF/ BF roller coaster) only a court has that power.

marshallka

tiggrae wrote: »

TRY THAT

RE: Mis Sold PPI

With regard to the above and in respect to your letter dated 7th May 2008, I note you state you “treat all complaint matters very SERIOUSLY”. I would at the time of our application with Freedom Finance state we were NEVER provided with any litriture in respect to the benefits and conditions of the payment protection policy; also it appears was for 5 years, when the £17,000 loan we applied for was (we thought) over 10 years.
We never ticked any of the boxes for receiving an explanatory leaflet with regards to the payment protection cover. 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 you will actually look properly into out complaint as I am not convinced you have EVER investigated this.

We were not given a choice as regards to PPI and were informed it was a condition of the loan. I actually telephoned FIRSTPLUS in 2003, and have written confirmation of said a telephone stating we had received no documents prior to this loan from your company, I also clearly stated:

I did not know this policy was front loaded;
I did not know the policy was only for one person and not joint;
I did not know it lasted for only 5 years on a NOW 13 year PLUS loan (we applied for a 10 year loan only), as when the ppi was added the loan was lengthened by a further 40 months.


Therefore, under the Misrepresentation Act 1967, upon applying for the loan facility, you the seller did make the negligent misrepresentations to us regarding details of the loan facility, thereby inducing us as reasonable people into a contract for the purchase of separate PPI and longer loan facility then we had requested.

Between our actual application and the credit agreement there were 10 days, of which 6 were either bank holidays or weekends. It was also Christmas week with delayed post. I never received the advance copy of the agreement either.

We have also have noted a discrepancy in respect to the income details FIRSTPLUS hold on file. I actually queried this in a phone call again some years back too. WE WROTE OUR CORRECT INCOME and EMPLOYER DETAILS on the application.

I trust this will now be dealt with as a very SERIOUS MATTER.


In summary:

We applied for a £17k loan over 10 years with NO PPI and repayments of £280.
We received a loan of £17k with PPI of £4163 added with no explanation of it being only 5 years cover, optional, or only for one person, 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 YEARS.

I WOULD LIKE ALL THE PPI WE PAID TO BE PAID 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 LETTER YOU SENT OUT TO ME IN RESPECT TO MY COMPLAINT. I NOTE THE LETTER I RECEIVED FROM YOU IS IDENTICAL TO THOSE BEING SENT OUT TO OTHER CLAIMANTS OF PPI MIS SELLING. THIS SHOWS A COMPLETE LACK OF RESPECT TO YOUR CUSTOMER’S COMPLAINTS OR THAT YOU ARE HANDLING THESE WITH COURTESY AND INDIVIDUALITY OR EVEN LOOKING INTO THESE MATTERS.

IF WE FAIL TO HEAR A MORE POSITIVE RESPONSE, I WILL MAKE A FORMAL COMPLAINT TO THE OFFICE OF FAIR TRADING, WHO ISSUE YOU WITH YOUR CONSUMER CREDIT LICENCE TO INVESTIGATE THE DEALINGS BETWEEN FREEDOM FINANCE AND BESPOKE FINANCE, I HAVE ALREADY MADE A FORMAL COMPLAINT TO THE COMPLIANCE SECTION OF GIBRALTARS FINANCIAL SERVICES COMMISSION, AS YOU DO NOT APPEAR TO HOLD A LICENCE WITHIN GIBRALTAR TO CARRRY OUT FINANCIAL SERVICES IN THE NAME OF BESPOKE FINANCE.

I have now printed off your letter and willpost today to Freedom Finance. I have emailed mine but not posted it yet but i will send this as well now. Do you think it is ok to send the two....

tiggrae

bathgatebuyer wrote: »

HI all - had my copy of the Halifax defence returned to me and they are seeking to hide behind the 6 yr time period issue by quoting the Limitations Act (nevermind that I've been paying premiums as recent as 2 yrs ago).

Also, they claim that they have no fudiciary relationship with me in respect of insurance as this is with Halifax Ireland Insurance whom they say are not part of the Halifax group of companies. Therefore, they allege that there has been no missale. Charming of them.

They state that Halifax Ireland would have provided me with a copy of the terms and conditions of the insurance after the insurance was sold to me (by them!) and that this documentation is enough for me deem that it ws not mis-sold. I don't actually recall receiving any PPI terms and conditions from them, and as someone who's had a few problems with stress and depression over the years, it would have excluded these conditions explicitly and would ahve served no purpose for me. The card was also taken out for a new job I was starting which involved a lot of travel - give the 2 and a half week break between the 2 jobs, it would have also meant that I was outwith the 'continuous employment' requirement they also had in place for claims!

Would be interested to hear people's thoughts on this before I return the Allocation Questionnaire.

look into my previous posts on the statute of limitiation and I've also posted about using section 75 of the Consumer Credit Act 1974 which makes credit grantors liable of the actions of their authorised agents. did you state on your particulars of claim you were not working and had pre-existing medical conditions which would have excluded your being able to claim?

tiggrae

marshallka wrote: »

I have now printed off your letter and willpost today to Freedom Finance. I have emailed mine but not posted it yet but i will send this as well now. Do you think it is ok to send the two....

I wouldn't it only adds to confusion

bathgatebuyer

Thanks - yes. The details of my employment at the time and the pre-existing medical condition were part of the POC and also the fairly protracted corespondence I had with them in the run-up to the claim.

Thanks for the help once again.

Bargin_Betty79

I've been reading this thread and I'm slightly confused!
I entered into a loan with HSBC and I'm unsure if the PPI is calculated on a daily basis or added on as a lump sum at the start of the loan.
In September last year the loan was changed to a managed loan and the PPI was cancelled.
Am I correct in thinking that if it was added as a lump sum at the start of the loan I may be able to claim for some back due to a change in circumstances?
Is this also applicable to PPI taken out on credit cards.
Thanks for any help
BB x