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PPI Reclaiming discussion Part II

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  • marshallka
    marshallka Posts: 14,585 Forumite
    Just rang Freedom to see if my complaint is now being looked into and they are getting someone to call me back. I said that "maybe it was time to start the court proceedings" and they said "someone is looking into it." If i don't hear from them today then i will be in touch with the courts and who ever else i can to help. I just wanted a letter as confirmation that my complaint was being looked at and they have not even sent one out. I thought if a customer complained then they had to send a confirmation out. At least all my letters to them are recorded and i have proof of sending them out. Have to just play the waiting game again:mad:

    They are speaking very friendly now but that means nothing as Firstplus used to do.
  • cmac
    cmac Posts: 129 Forumite
    Its horrible having to wait you would think they would send a conformation letter to you considering the amount of complaints theyre getting.
    Ive just checked up on my SARs from barclays and they ve got untill the 7th july time limit. I guess I cant report them yet. They only sent me two pages but it was in regard of my questions as to where is the claim payment you said you made as I cant find it?
    I really should read everything first Doh !!!
  • marshallka
    marshallka Posts: 14,585 Forumite
    Just spoken to the manager at Freedom and they have said that they have looked at my complaint and "as i went through Bespoke for this loan" (yeah right- never heard of them) then i was "told that the ppi was optional and that i was dealing with Bespoke and not Freedom" (another yeah right) and that the loan agreement is the main thing and i signed for the ppi.

    I am now definately taking this to court. He tried to bully me into believing that i knew everything about this at the time of my application and that even though i did not apply for the ppi their sales person rang me and told me it was "entirely optional" and i said "yes i want it". I told him i did not receive a copy of the agreement to look over 7 days prior to the actual agreement and he said they did. I told him that it was not possible but he waffled on about things changing now and this and that. I feel so bl##dy annoyed. He told me basically that i knew everything and i was adament that i did not. They just don't listen and they are not going to offer anything, i can tell that so lets see what a court decides here.

    I am now going to contact that press person that contacted Kaia when she was dealing with Freedom. A Channel 4 news reporter. I did do then but i must admit i did not know as much about these companies as i do now. They are just greedy people and deserve to be rumbled.

    I wonder what they are REALLY up to. There is more to this. I can feel it. VAT COMES TO MIND HERE. They really are the pits.

    The only time i knew of the ppi was when it was on the agreement and it was already typed in. It was not offered optional and we were desperate and they new it.

    I was never advised by Wilmslow FInancial Services (as at the time of my loan they were called that and then changed name twic after) that i was actually dealing with an off shore company and they were only processors of the loan etc. Misrepresentation of processor acting as advisor. Unfair contract or what.

    Agency law requires a broker to act in the best[fiduciary] interest of the customer and these firms have misrepresented themselves to me and i should of been told at the beginning that any legal resource would have to be through Gibraltar.

    GREED IS WHAT THEY ARE GUILTY OF. They make milions from victims like myself and because they have more money and power they lie, cheat and treat us as nothings. I won't let this rest.


    Freedom did tell me "they are brokers in their own right but on this occasion it was only processed on behalf of Bespoke." No way that is true. I think if they have a complaint then they tell the complainant that they only processed it. They can pick and choose about who they "say" are Bespoke Loans because the whole web sites says now in their smallprint legal bit "we process on behalf of Bespoke Finance.".

    Why are they allowed to get away with this.

    Sorry rant over. (for now anyway):mad:
  • cmac
    cmac Posts: 129 Forumite
    You go get them girl
    Im going to the uneneforceable and voidable loans bit to post my thing on it and see if Homer J can help
    Its an absolute mindfield they do sooo much wrong and we really just sit there like good little children and do as we are told !!!!!
    At least now none of us will EVER fall into any of these traps again
    Good luck with it all Marshallka
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    kate705 wrote: »
    Hi there,
    I have sent a letter to GE Money asking to reclaim from a loan taken out to cover my mother's partner. She settled a £60,000 loan and £6000 at least was for PPI.
    The company have referred me back to the broker Ocean Finance, I find the whole system confusing. I was also referred to the insurance company themselves. Who do I claim from?
    The case (not the insurance part) has been to the FOS against one company but the complaint was not upheld. Can anyone help please?
    Hi Kate, I've been having a think about your mums issues and I really don't think a reclaim for mis selling is the thing - as the insurance was in her partners name I'm not even sure she can make a reclaim - however, as Ocean bullied her into paying for the insurance (when she wasn't named on the policy) as this presumably took place AFTER Ocean came under the jurisdiction of the Financial Ombudsman she could make a complaint to the FOS
  • hi i am new to this and looking to raclailm ppi from beneficial finance have found new cheaper option do i cancel exisiting cover first and start new cover before i recliam please help
  • marshallka
    marshallka Posts: 14,585 Forumite
    Tiggrae, i need a letter to Freedom about misreprentation and breach in fiduciary duty to me to tell me that they were only processors and not advisors or brokers. I should of been informed by this company and they only mislead me into believing they were actual brokers. I would not have had any dealing with them had i have known. What do i claim for??? And what can i claim for.??

    Is this then the whole loan:D
  • niemowle
    niemowle Posts: 39 Forumite
    hi there,
    i have not been on this side for ages but i hope that all of you do get your answers one way or the other... anyway on the advice here i have escalated all my complaints with Barclays to FO and of course i am waiting for the results, so good luck to all of us again
    niemowle
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    marshallka wrote: »
    Tiggrae, i need a letter to Freedom about misreprentation and breach in fiduciary duty to me to tell me that they were only processors and not advisors or brokers. I should of been informed by this company and they only mislead me into believing they were actual brokers. I would not have had any dealing with them had i have known. What do i claim for??? And what can i claim for.??

    Is this then the whole loan:D
    I really don't think you can claim breach of Fiduciary Duty, that is the highest standard of care in the English Courts and is usually reserved for a person acting as a Trustee. The fiduciary duty is a legal relationship between two or more parties (most commonly a "fiduciary" or "trustee" and a "principal" or "beneficiary") that in English common law is arguably the most important concept within the portion of the legal system known as equity

    What they owed you in tort is a Duty of Care, you have to be careful what you put in writing as it can be seen as Libeless
  • marshallka
    marshallka Posts: 14,585 Forumite
    tiggrae wrote: »
    I really don't think you can claim breach of Fiduciary Duty, that is the highest standard of care in the English Courts and is usually reserved for a person acting as a Trustee. The fiduciary duty is a legal relationship between two or more parties (most commonly a "fiduciary" or "trustee" and a "principal" or "beneficiary") that in English common law is arguably the most important concept within the portion of the legal system known as equity

    What they owed you in tort is a Duty of Care, you have to be careful what you put in writing as it can be seen as Libeless
    Just pm'd you something Tiggrae.
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