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PPI Reclaiming discussion Part II

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  • alleybabes
    alleybabes Posts: 92 Forumite
    Hi mcolak or tiggrae do you think its worth me going to court over my ppi? i have hearing 31st july they are trying to put judgement aside? i am scared it will end up like yeosal( no offence) i took out my loan 2002 and paid it off 2004 is the 6 years from the time you paid off the loan?sorry im scared:eek:
  • marshallka
    marshallka Posts: 14,585 Forumite
    alleybabes wrote: »
    Hi mcolak or tiggrae do you think its worth me going to court over my ppi? i have hearing 31st july they are trying to put judgement aside? i am scared it will end up like yeosal( no offence) i took out my loan 2002 and paid it off 2004 is the 6 years from the time you paid off the loan?sorry im scared:eek:
    If you are going for missold then its from the date the insurance was sold to you. What about unfair rebate on the ppi??? You have to remember Kaia and Marluc both won in court.. maybe you will. Its a risk but if you feel strongly enough then you should take it.
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    alleybabes wrote: »
    Hi mcolak or tiggrae do you think its worth me going to court over my ppi? i have hearing 31st july they are trying to put judgement aside? i am scared it will end up like yeosal( no offence) i took out my loan 2002 and paid it off 2004 is the 6 years from the time you paid off the loan?sorry im scared:eek:
    when exactly was the loan / ppi taken out, when did you first complain and what is the reason they're attempting to have the judgement set aside?
  • alleybabes
    alleybabes Posts: 92 Forumite
    tiggrae wrote: »
    when exactly was the loan / ppi taken out, when did you first complain and what is the reason they're attempting to have the judgement set aside?

    I took the loan/ppi oct 2002 the amount 4,325.77 was arranged with ppi,the ppi was £26.70 the loan was £113.17 but it was frontloaded and and they recon the ppi was a seperate loan added so my payments were £139.87 for 48 months, I finished paying it oct 2006,i complained in february this year after finding out about this website, they refused so i took them to court,i am complaining i was pushed into the ppi by a pushy member of staff who made me feel i had to have it also im complaining about the interest i pain on the ppi which is £455.83 which i never realised was a second loan,i won by judgement on 20th may and they are applying to put it aside due to a solicitors error!:eek:
  • MWH1 wrote: »
    If you have proof of delivery for your SAR that shows they have exceeded 40 days, you can either call them with strong reminder or write to ICO. The Information Commissioner will then deal with it for you (more waiting I know :rolleyes: ). Let me know what happens. :D

    I e-mailed the ICO for some advice, I think I will send Barclays another reminder along with a print out of my statement showing when they cashed my cheque - hopefully they will send me my list of charges then! Thanks :D
    Barclaycard PPI £274.84: Currently with FOS
    Barclaycard Fees £226.87: Still being hit with overlimit fees due to BC lowering limit :mad:
    MINT £101.61: Accepted offer for £95.05! 17/08/08 :T
    Abbey: Waiting for list of charges
  • marshallka
    marshallka Posts: 14,585 Forumite
    tiggrae wrote: »
    this is what the CCA 74 says about licencing - according to their correspondence Bespoke have consumer credit licence no. 427982 - so the question is when was that licence issued and to whom

    - as for being members of the GISC, that website has been updated in 2008, so it was probably updated in 2001 when Freedom became members
    20
    Licensing principles

    21
    .—(1) Subject to this section, a licence is required to carry on a consumer credit
    business or consumer hire business.
    (2) A local authority does not need a licence to carry on a business.
    (3) A body corporate empowered by a public general Act naming it to carry on a business does not need a licence to do so.
    22


    .—(1) A licence may be—
    (a) a standard licence, that is a licence, issued by the Director to a person named in the licence on an application made by him, which, during the prescribed period, covers such activities as are described in the licence, or
    (b) a group licence, that is a licence, issued by the Director (whether on the
    application of any person or of his own motion), which, during such period as

    the Director thinks fit or, if he thinks fit, indefinitely, covers such persons and
    activities as are described in the licence.
    (2) A licence is not assignable or, subject to section 37, transmissible on death or in any other way.
    (3) Except in the case of a partnership or an unincorporated body of persons, a standard licence shall not be issued to more than one person.
    21
    (4) A standard licence issued to a partnership or an unincorporated body of persons shall be issued in the name of the partnership or body.
    (5) The Director may issue a group licence only if it appears to him that the public interest is better served by doing so than by obliging the persons concerned to apply separately for standard licences.
    (6) The persons covered by a group licence may be described by general words, whether or not coupled with the exclusion of named persons, or in any other way the Director thinks fit.
    (7) The fact that a person is covered by a group licence in respect of certain
    activities does not prevent a standard licence being issued to him in respect of those activities or any of them.
    (8) A group licence issued on the application of any person shall be issued to that person, and general notice shall be given of the issue of any group licence (whether on application or not).
    23



    .—(1) Subject to this section, a licence to carry on a business covers all lawful activities done in the course of that business, whether by the licensee or other persons on his behalf.

    (2) A licence may limit the activities it covers, whether by authorising the licensee to enter into certain types of agreement only, or in any other way.
    (3) A licence covers the canvassing off trade premises of debtor-creditor-supplier agreements or regulated consumer hire agreements only if, and to the extent that, the licence-specifically so provides; and such provision shall not be included in a group licence.
    (4) Regulations may be made specifying other activities which, if engaged in by or on behalf of the person carrying on a business, require to be covered by an express term in his licence.
    24



    . A standard licence authorises the licensee to carry on a business under the name or names specified in the licence, but not under any other name.

    25



    .—(1) A standard licence shall be granted on the application of any person if he satisfies the Director that—

    (a) he is a fit person to engage in activities covered by the licence, and
    (b) the name or names under which he applies to be licensed is or are not
    misleading or otherwise undesirable.
    (2) In determining whether an applicant for a standard licence is a fit person to engage in any activities, the Director shall have regard to any circumstances appearing to him to be relevant, and in particular any evidence tending to show that the applicant, or any of the applicant's employees, agents or associates (whether past or present) or, where the applicant is a body corporate, any person appearing to the Director to be a controller of the body corporate or an associate of any such person, has
    (a) committed any offence involving fraud or other dishonesty, or violence,
    (b) contravened any provision made by or under this Act, or by or under
    any other enactment regulating the provision of credit to individuals or
    other transactions with individuals,
    (c) practised discrimination on grounds of sex. colour, race or ethnic or
    national origins in, or in connection with, the carrying on of any business,
    or
    (d) engaged in business practices appearing to the Director to be deceitful or
    oppressive, or otherwise unfair or improper (whether unlawful or not).
    (3) In subsection (2), " associate ", in addition to the persons specified in section 184, includes a business associate.
    26



    . Regulations may be made as to the conduct by a licensee of his business, and may in particular specify—

    (a) the books and other records to be kept by him, and
    (b) the information to be furnished by him to persons with whom he does business or seeks to do business, and the way it is to be furnished.
    Issue of licences
    27



    .—(1) Unless the Director determines to issue a licence in accordance with an application he shall, before determining the application, by notice—

    (a) inform the applicant, giving his reasons, that, as the case may be, he is minded to refuse the application, or to grant it in terms different from those applied for, describing them, and
    (b) invite the applicant to submit to the Director representations in support of his application in accordance with section 34.
    (2) If the Director grants the application in terms different from those applied for then, whether or not the applicant appeals, the Director shall issue the licence in the terms approved by him unless the applicant by notice informs him that he does not desire a licence in those terms.
    28



    . Where the Director is minded to issue a group licence (whether on the application of any person or not), and in doing so to exclude any person from the group by name, he shall, before determining the matter,—

    (a) give notice of that fact to the person proposed to be excluded, giving his
    reasons, and
    (b) invite that person to submit to the Director representations against his exclusion in accordance with section 34.












    Also would Firstplus and Freedom be in trouble if they are "unlicensed"??? (beginning to hope they weren't after all the trouble they have put me through telling me i dealt with a company in Gib - lets hope its payback time)

    Where a principal employs an agent who engages in unlicensed trading the principal will be guilty of the offence of aiding and abetting the unlicenced trading if he knows that the agent has no licence and assists, encourages or advises him in conduct which requires a licence.


    Unlicensed trading
    • It is a criminal offence to carry out any activity
    that requires a consumer credit licence
    before we have issued a licence to you.
    • Even if you have a licence, it is an
    offence to carry out any activities that
    are not covered by that licence.
    Unlicensed trading is punishable by
    a fine, imprisonment, or both.
    7
    15859_OFT_Credit Licence 31/3/05 2:56 PM Page 7
    Page 10
    In addition, if any of your customers were
    to default on a payment, you would not be
    able to enforce a credit agreement that you
    had made whilst unlicensed, or where an
    unlicensed credit broker was involved
    Unlicensed trading

  • di3004
    di3004 Posts: 42,579 Forumite
    alleybabes wrote: »
    Hi mcolak or tiggrae do you think its worth me going to court over my ppi? i have hearing 31st july they are trying to put judgement aside? i am scared it will end up like yeosal( no offence) i took out my loan 2002 and paid it off 2004 is the 6 years from the time you paid off the loan?sorry im scared:eek:

    Hi there alleybabes ;) .

    Yes It must have been very upsetting for Yeosal, its a damn shame, wish it went the other way, this is why I am trying to exhaust all avenues before going to this stage, but if it means the court route I will fight the best I can and even though I know its a chance we take, hopefully it could be well worth your while, its up to you and I'm sure these helpful lot here will advise you as best they can.;)

    Whatever you decide to do, I wish you the very best of luck hunni.;)

    Make sure you have everything covered hun, nothing missed and so, good luck.

    Di.
    xx;)
    The one and only "Dizzy Di" :D
  • marshallka
    marshallka Posts: 14,585 Forumite
    Just found this in the news when i looked up business's that misrepresent themselves to you and look who was top of the list

    Merrill takes $3m loss in first arb award on employee stock option advice

    A New York Stock Exchange arbitration panel has slapped Merrill Lynch with a $3 million penalty in a case claiming that the firm provided negligent advice with regard to employee stock options.
    and
    http://www.fsa.gov.uk/pages/Library/Communication/PR/2006/078.shtml

    This name is linked to Freedom Finance. It seems familiar practice to me.
  • YEOSAL
    YEOSAL Posts: 122 Forumite
    tiggrae wrote: »
    are you cancelling the court action on your lombard claim?? when did you take it out ??

    Yeah I probably will. Loan was taken out in 1998, finished in 2003. Dont think I can take the risk as going to cost me loads more just to get to court and I now know I cant rely on the Limitation Act.
    PPI Reclaimed -
    DFS £345.70 :D
    Credit Card Charge Successes x 4 :beer: :money:
  • YEOSAL
    YEOSAL Posts: 122 Forumite
    slogger wrote: »
    My neighbours who can neither read or write and are slightly backward,, took out a Lloyds TSB loan 3 years ago for £16,000, on a 6 year loan, they are paying £520 per month, this seems a hell of a lot over 6 years,there is obviously something very fishy about this, l am looking into it for them, they were never given any paperwork either.
    ps they are both retired.

    Hi Slogger

    That certainly sounds excessive. To put into some persepective I had a loan:

    £15000 over 5 years at 14.9% APR.
    Repayments were £436 per month which included £91 for PPI.

    It definately sounds as if something is wrong so if you are in a position to help them, then that is really lovely of you.

    Will do anything to help anyone bite back against LLoyds TSB.

    Sally x
    PPI Reclaimed -
    DFS £345.70 :D
    Credit Card Charge Successes x 4 :beer: :money:
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