PPI Reclaiming discussion Part II

marshallka

Laini wrote: »

I know me too
it seems a very complicated situation
Tiggrae s been great and has offered to help :A
I would have offered but would nt know where to start!
hope Marshallka take her up on the offer.
Laini xx

Thanks Laini and Sarah:A

Tiggrae can only do what the FOS could do and that is check the settlement. I thought by mentioning everything else to the FOS they may take pity on the situation and investigate but they are not allowed to.

My real problem is with either Freedom or Bespoke i suppose. there would be no argument of early settlement if the PPI thing was sorted out as i would accept that. So, yes, i am on a mission and if i lose then at least i have tried my hardest to get this back but time will tell soon i suppose. thanks mates.:D

prefab

Hi everyone. This is my first post on the site, although I have been a subscriber to MSE for a couple of years now. Previously I have had huge success in 'reclaiming' (bank charges), more about that in the appropriate forum.
Right now I have come to a dead-end with my latest attempt. I have been chasing 'Firstplus' for a refund of PPI which was attached to a loan for double glazing taken out in 2003. They refused to acknowledge the sale of PPI and claimed that it was the agent acting for 'Weatherseal' (double glazing provider) who sold me the PPI and therefore they were'nt responsible. I argued that since Weatherseal was acting as an agent of theirs they should take responsibiity.
Eventually I contacted the ombudsman F.O.S hoping to have them pursue Firstplus.
However they viewed my complaint as one against Weatherseal and not Firstplus.
Their decision was.
1. That Weatherseal is not covered by the scheme at the time of the event
2. Since the incident commenced in 2003 nothing can be done since the business is covered by FOS after 6th April 2007.
3. FOS only looks into Consumer Credit complaints from 06 April 2006. Referred me to the Financial & Leasing Association.

My 5 years is now up and I have been forced to request a refund on the PPI since it expires in the next 28 days.

Does anyone have any ideas or suggestions for me. I really would like to get my teeth into Firstplus and Weatherseal.
Thanks
Kind Regards.
Prefab

tiggrae

leicester-typeR wrote: »

hi all. In 2002 i foolishly took out a loan with welcome finance for £5000. I was in a bad financial position young naive and gullible.

after ppi the £5k loan turned into £11.5k. I took on more than i could afford at the time and defaulted.

After burying my head in the sand re this account for a few years and striking an agreement to pay back £20 a month (after already paying back £3500) I have finally bucked my ideas up and decided to sort this out.

Asked for my initial contract and am now gutted I did not turn this down on the figures I have seen. £3500 is made up of ppi (this includes credit interest and setting up fee etc).

AAfter speaking to a real nice chap at welcome (threw in the Office of fair trading and financial ombudsman) and he said they could settle for about 35% of the balance. I could manage that and finally get this out my hair but the question i ask is this.

After settling the account (about £2800) could i reclaim the £3500 PPI and proper stick two fingers up at them at the same time??

Please please could you all give your input before i proceed with settling the account.

Thanks for all your posts aand advice I am taking them all on board.

P.S was told I couldnt take out the finance without the PPI and a fully comp cover note

they'll probably want you to sign an acceptance form which will be in 'full and final settlement of your claim' so you wouldn't be able to go back on this as it would be legally binding. Also, when you took out your loan Welcome weren't under the jurisdiction of the Financial Ombudsman so they wouldn't be able to help you and you'de have to start proceedings within the County Court. Given that they're willing to offer 35% why don't you go back to them for more, otherwise, unfortunately, you'll have a fight on your hands - but don't let that put you off going for it all !!!

tiggrae

sparky0107 wrote: »

Morning All,
Started PPI reclaim against Capital One credit card in April, straight awat received final response from them, sent compalint form to FOS in May, and yesterday received a letter from FOS to say that they had allocated an adjudicator. Does any one know how long after this the whole thing takes for complaint to be upheld or rejected?

the adjudicators are usually pretty quick - 4-6 weeks normally

tiggrae

prefab wrote: »

Hi everyone. This is my first post on the site, although I have been a subscriber to MSE for a couple of years now. Previously I have had huge success in 'reclaiming' (bank charges), more about that in the appropriate forum.
Right now I have come to a dead-end with my latest attempt. I have been chasing 'Firstplus' for a refund of PPI which was attached to a loan for double glazing taken out in 2003. They refused to acknowledge the sale of PPI and claimed that it was the agent acting for 'Weatherseal' (double glazing provider) who sold me the PPI and therefore they were'nt responsible. I argued that since Weatherseal was acting as an agent of theirs they should take responsibiity.
Eventually I contacted the ombudsman F.O.S hoping to have them pursue Firstplus.
However they viewed my complaint as one against Weatherseal and not Firstplus.
Their decision was.
1. That Weatherseal is not covered by the scheme at the time of the event
2. Since the incident commenced in 2003 nothing can be done since the business is covered by FOS after 6th April 2007.
3. FOS only looks into Consumer Credit complaints from 06 April 2006. Referred me to the Financial & Leasing Association.

My 5 years is now up and I have been forced to request a refund on the PPI since it expires in the next 28 days.

Does anyone have any ideas or suggestions for me. I really would like to get my teeth into Firstplus and Weatherseal.
Thanks
Kind Regards.
Prefab

hi there, go back to the FOS and tell them you want to invoke Section 75 of the Consumer Credit Act 1974 - which makes a Credit Grantor (firstplus) responsible for the actions of their Authorised Agents - see the attached document from the Office of Fair Trading (send the FOS a copy) - you also need to make your complaint against Barclays Group plc (Trading As Firstplus) - Firstplus is a part of Barclays and Barclays were covered by the FOS when you took out the PPI with Weatherseal !!!

Let us know how you get on


Consumer Credit Act 1974 section 75 - equal liability

di3004

Hi there folks,

Going to ask a question here, sorry if its a silly one lol....:rolleyes: , but anyway, if your loan/ppi product was not regulated by anyone before this came in, what are roughly the success rates in winning these mis sold ppi claims ? I am aware they are not as successful as the firms who were regulated but this is just out of interest really.;)

I imagine more of the unregulated ones are more likely to go through the court route...... .

Cheers folks again.;)
Di.
xx

Triggles

I have a question for anyone that can answer it. We have a loan through Tesco finance that has approx £50 per month for PPI. We got money back from Tesco finance for a previous loan as their PPI was missold. But haven't tackled this second loan yet as they are saying this one was not missold. The basis being that they didn't ask re prior medical conditions - but that they now cover for prior medical conditions, but when I asked for this in writing, I got nothing. The person on the phone (yes, I know - don't talk to them on the phone, but they caught DH on phone when he was half-asleep) said that there was some type of change that went through around the time we took out our second loan, but couldn't advise if the date this went through was prior or after our loan began. I suppose this means I'm going to have to send them another letter demanding details so I can get this sorted?

If we decide that we just want to cancel it, the policy says we can, but how do they handle it generally? Do they refund the balance of it? Do they simply drop your loan payments by that amount? Or do they sting you on it and either only give you some of the remaining as credit or demand you redo the loan? We wouldn't qualify to re-do the loan at this point, as our work situation has changed. Has anyone cancelled their PPI and what happened?

Catsmam

Please can some help me. I stupidly signed up for a Dorothy Perkins store card back in 1995, won over by the sales assistant saying sign up today & receive 10% discount on your purchases. However I was never made aware of any PPI or ticked any boxes to request it. Over the years I have just paid the bare minimum payments via direct debit but they have been putting over £9 a month onto my account for the PPI, so in the last 13 years I have paid over 1.4k in PPI (for a £700.00 bill). I sent my first letter to GE Money at the end of May to try & reclaim my money, they came back with a letter to say that I had ticked the box on the application form (of which they enclosed a very bad copy of) I had been sent from them 3 copies of the policy term & conditions over the years, & they found that I had not been miss sold anything & basically that I was very stupid not to have cancelled it before now.
I then sent a second of Martins letters asking them to re look at it, again I got a reply back saying yet again they believed I was not misssold the PPI.

Help, where can I go now who do I complain to. any help would be greatfully received.

Absolut_Wench

tiggrae wrote: »

hi there, go back to the FOS and tell them you want to invoke Section 75 of the Consumer Credit Act 1974 - which makes a Credit Grantor (firstplus) responsible for the actions of their Authorised Agents - see the attached document from the Office of Fair Trading (send the FOS a copy) - you also need to make your complaint against Barclays Group plc (Trading As Firstplus) - Firstplus is a part of Barclays and Barclays were covered by the FOS when you took out the PPI with Weatherseal !!!

Let us know how you get on


Consumer Credit Act 1974 section 75 - equal liability

Fiendish!

I'm thinking ahead here, to when Endeavour tell my parents to get lost with their PPI claim.

Endeavour weren't regulated when my parents took out the loan and PPI (July 2004), but the parent company HFC Bank were.

Would Section 75 of CCA1974 cover this? As the loan was for £40K, it was unregulated by CCA1974 - but would the equal liability come into play?

tiggrae

Absolut_Wench wrote: »

Fiendish!

I'm thinking ahead here, to when Endeavour tell my parents to get lost with their PPI claim.

Endeavour weren't regulated when my parents took out the loan and PPI (July 2004), but the parent company HFC Bank were.

Would Section 75 of CCA1974 cover this? As the loan was for £40K, it was unregulated by CCA1974 - but would the equal liability come into play?

Hi no it won't, but you won't need it - make the complaint to the FOS against HFC Bank (or HSBC as I think they are part of HSBC) t/a Endeavour