PPI Reclaiming discussion Part II

marshallka

tiggrae wrote: »

Couldn't agree more, unfortunately they all know that time is on their side, after 8 years any court proceedings they can reject out of hand simply due to the time issue - it then becomes not a case of right or wrong just who knows what the law says

What about section 32 of the Limitations act.

The broker/processor did not advise much about anything and certainly did not advise us of the loan/ppi up front payment, rule 78, being only for long term, we may owe more than we borrowed etc etc etc.

Most of all that they were from Gib. It all would of ended there for us. Gib says to me dodgy dealing and tax fiddles. And i would question why a company would want to trade from there and not here in the uk. End of. They should of made us aware.

Even Firstplus called Wilmslow Financial services the "Broker" in telephone convos and when they received the application from us.

You imagine or ask 20 people on here if they had a flyer through their door from the broker with a Gibraltar address on it would they act on it or bin it. I bet all would say bin it. They would not find out anything else about whether they are covered by the laws etc, they would most probably just throw it away and dismiss it same as we would of done. Its all a con.

bathgatebuyer

I had taken advice on various forums (including this one) that the FOS would not deal with insurance issues from back in 2001. Apparently that is not the case :rolleyes: and I could have went to the FOS about this.

However, from my point of view, I have been in the financial mire for so long, I want a quick resolution than 9-12 months of waiting for the FOS to resolve something. I have plans to be debt-free within the next 6 months or so, and have really worked towards that date. It's just affected my health both mentally and physically for years now, that a quick resolution either way appeals.

So the time delays associated with the FOS route, and the advice that I'd previously been given prompted me in the direction of the Courts rather than the FOS. I had hoped the Halifax would treat this in the same way as my bank charges reclaims with them (avoiding court by settling in both cases) would lead them to view this in a similar way.

Janebo12

I sent Laini's SAR letter to Halifax - the 40 days are up on 29th June.

Halifax sent me a letter dated 18th June saying: "Thank you for your recent correspondence, please note that will be in contact again in the next few weeks."

Since they are wanting to use delaying tactics, should I just get in touch with the Information Commissioner, or should I just wait it out with the Halifax?

I have not yet had Halifax's final decision to my complaint, as I sent Laini's letter due to them not responding to the previous letter I sent. I was waiting for the SAR stuff before going to the FOS. (sorry if this seems confusing!)

Hope you can help...

bathgatebuyer

I'd pretty much bet they'll answer before then! They had a habit with me of waiting until day 40 before the letter would pop through my door :rolleyes: They do like to string it out and make us all suffer longer than need to.

marshallka

I have just been looking at the complaints what the ombudsman can help with and they can look at consumer credit complaints and they can make exceptions for time limits. I just hope that my complaint is an exception and something that they will deal with. I have only sent it today as i wrote the wrong mail address and it came back this morning so hopefully they can deal with this or at least let me know one way or another. I would not of found out about this earlier and could not of complained earlier so how can they apply the limitations act to that. I was conned from day one.

complaints covered – time limits

3.22

There are time limits which restrict when complainants may refer their complaint to the ombudsman service. Some of these limits hinge on whether, and if so when, a business has sent the complainant a “final response letter”. A final response letter is a written response from the business which:

• accepts the complaint, and, where appropriate, offers redress; or
• offers redress without accepting the complaint; or
• rejects the complaint and gives reasons for doing so;

and which informs the complainant that, if they remain dissatisfied with the business's response, they may now refer the complaint to the ombudsman service (enclosing the Financial Ombudsman Service’s leaflet) and that they must do so within six months.

3.2

The ombudsman service cannot consider a complaint if the complainant refers it to the service:

(a)

less than eight weeks after receipt of the complaint by the business, unless the business has already sent the complainant its final response; or

(b)

more than six months after the business sends the complainant its final response; or

(c)

more than six years after the event complained of or (if later) more than three years after they became aware (or ought reasonably to have become aware) that they had cause for complaint.

3.24

There are three exceptions to these limits:

(d)

in the case of (c) above, where the complainant has referred the complaint to the business or to the ombudsman service within that period and has a written acknowledgement or some other record of the complaint having been received;

(e)

where the business does not object to the ombudsman service considering the complaint; or

(f)

where, in the view of the ombudsman, there were exceptional circumstances which prevented the complainant from complying with the time limits.

3.25

Examples of exceptional circumstances under (f) might be where the complainant has been incapacitated, or where the business has failed in its final response to inform the complainant that they may refer their complaint to the ombudsman service or that they must do so within six months.



I would not of been aware of this if i had not complained about the ppi so i had no way of finding out i'd been conned. Also in 2003 firstplus have details of me telephoning and saying no literature was given to me from wilmslow at the application of the loan. That was only 5 years ago. They never gave me the option of complaining to the broker then and did not mention Bespoke either.

Janebo12

bathgatebuyer wrote: »

I'd pretty much bet they'll answer before then! They had a habit with me of waiting until day 40 before the letter would pop through my door :rolleyes: They do like to string it out and make us all suffer longer than need to.

:rotfl: Yep, that certainly sounds like the Halifax - will be waiting for the post tomorrow with baited breath...

Thanks

di3004

Hi you lovely lot.;)

The other day before posting on here, I emailed the FOS because we recieved the letter back to inform us there was nothing they can do due to the loan company of Endeavour also the brokers Click finance not being regulated then back in 2004.


Anyway I emailed and mentioned that I am aware that the above were linked with both HFC and HSBC Group, also found some of the paperwork from Endeavour where it states at the bottom of the page 'HSBC GROUP' and on Click Finance underwriter paperwork HFC bank.
Even though the lady from FOS states they were not provided with anything with this information is to still try to redress the mis sold sale of ppi to these.


Only to double check folks, does anyone know how long the HFC and HSBC bank were regulated from ?

Just to remind you the product was taken in July 2004 and wondered if the these were regulated by anyone then before going further with this.

I was going to try Endeavour again but I can only do this one as an unfair rebate in Nov 2005 when this was paid off.

The FOS lady also forwarded me both HFC and HSBC address details if anyone needs these direct to complain.;)


If this fails I will go back to Endeavour then my last option would be the court route, I know I'm starting all over again but it maybe worth it or may not be, we will soon see.


Have not had a chance to go through everything on here yet folks but in case I just have to go for the unfair rebate is there a template on here for that alone ?

Cheers again and sorry my posts are rather long.;)

Di.
xxxx

sparky0107

Afternoon everyone,
Will be writing the template letter to loans.co.uk, this afternoon, asking for PPI repayment, they have been fined by the FSA in 2006 for mis-selling PPI, should I include a copy of the FSA statement with my letter? My loan started in 2003 & was repayed in November 2005.

Any advice would be appreciated

di3004

sparky0107 wrote: »

Afternoon everyone,
Will be writing the template letter to loans.co.uk, this afternoon, asking for PPI repayment, they have been fined by the FSA in 2006 for mis-selling PPI, should I include a copy of the FSA statement with my letter? My loan started in 2003 & was repayed in November 2005.

Any advice would be appreciated

Hi there Sparky,

You have a VERY strong case where loans.co.uk are concerned.;)

I am also trying to reclaim on ours, we had our 25 yr old loan/ppi in July 2004 and paid this off in Nov 2005, the rebate in our opinion was quite low, this was also mis sold from the start.
This is with Endeavour, who we tried to reclaim from them first, but then tried with the brokers who have unfortunately dissolved in 2006, but going through the paperwork these were linked to HFC and HSBC where we know that HFC had a very hefty fine too for mis selling etc.

The FOS could not help with this because Endeavour were not regulated by anyone in 2004 when we had taken out the loan, so please check to see if yours were also regulated by anyone, even GISC for when you had taken out the product, but like myself I am working around it by going by the linked groups who were regulated then instead, this is what the FOS said to try to do.;)

But you do have a strong case anyway if its to do with Loans.co.uk, and I'm sure you will get somewhere with these.

Good luck and one of these lovely helpful lot will be sure to advise you your best options.:beer:

Di.
xxx

hashxx

Hello everyone,
Barclays ppi problem..

I cannot work out my figures on how much to claim back from barclays,

I sent my first letter to barclays on 31st march , but was fobbed off with automated letters that they are investigating etec.etc the usual jargon..

here are my details of loan ppi etc

APR 9.9%
1 st loan of loan £7,800 cash loan premium loan
Total charge for credit £2054.40 £1622.56
Total amount payable £9854.40 £427.64
Monthly repayment £164.24 £2,050.20
number of repayments 60 60

refinanced with a second loan 12months later APR of 10.9%

Amount of loan premium loan
£13,100.00 £3808.20
Total repayment £18,568.20 £5,397.84
monthl repay £221.05 £ 64.26

total charge for credit cash loan premium loan
£5,468.20 £1,589.64

well i had finally had a call from barclays in liverpool customer services in regards to my complain..
They are going to refund £3,808.20 back to my loan, the woman on the phone said she would send all the information in writing still, still no reply by post..

would someone kindly assist me on my figures on what i should really get back from barclays...as i cannot work it out..

Any advice from you guys would be really much appreciated...

I have been looking on this site for many weeks now,

Thanks guys