PPI Reclaiming discussion Part II

Laini

sian-c wrote: »

have been trying to reclaim ppi from first plus does anyone know if anyone has been successful at claiming for mis-sold ppi but had to take their case to the ombudsman??

i refused their first and only offer of 78% of payments made as i believe that the policy has been mis-sold and i should be entitiled to all my payments pack and the single policy amount (over 14,000) took off the loan. they rung me today and after 4 letters to them and the first two phone calls to them sent via cd to me, i hope i am right in taking the case to the ombudsman.

They have admitted that the phone calls made where i have apparently said yes to the ppi cannot be found? Is this a good or bad thing. They state that as i signed the doccuments that they cannot offer me any more money. The bloke on the phone was actually very nice but still wouldnt offer me all my money back!
some further advice would be helpful.

sian

Have they sent final response?
if so send complaint form into FOS with all paperwork and final response letter from FP stating they cant find phone calls to say you agreed to PPI - only send photo copies and keep originals for your ref
FP have to prove you were nt missold not you to prove you were missold.
we are with FOS as we have been given final response from them.
We are waiting for FOS to decide we have been missold , they did think we had but needed to hear from FP first before making final decision.

Have you sent a SAR? This would give you all the information about your account with phone calls and other info
hope this helps

Laini xxx

Laini

TwinsMum wrote: »

I have tried emailing the Managing Director at FirstPlus but they all keep getting returned does anyone know if he has changed his email address. Thanks, it seems to be that they are getting through to FirstPlus and it is them that is returning them.

have you tried emailing head of complaints instead as we were passed back to her from MD at first plus

Laini xxx:j

Kaia_2

Its interesting to see how Freedom claim to treat customers THESE DAYS, its a pity they didnt have such practices in place back in 2002 when I took out my loan !!!!


They claim they treat customers fairly
and treating customers fairly means:

Not taking advantage of any financial vulnerability of the customer.

• Behaving in a way that encourages the customer to want a long term relationship with their business.
• Behaving in a way that results in customers trusting their business.
• Working with customers to allow them to make informed decisions about the financial services products that meet their needs.
• Being clear and transparent in respect of all products and in all communication with the customer.
• Dealing with customers promptly and in a consistent and even handed manner.
• Ensuring all suppliers of products understand their Treating Customers Fairly policy.

Treating Customers Fairly is about establishing a culture of fairness and understanding the customer's needs across the business.

Doesnt this show they FAILED us in the past ???

budwyza

Hello,

can anyone advise please, I have a Barclay loan taken out over 5 years inclusive of PPI, there is 12 months to run and I applied for a claim on PPi, this was refused under the pre-existing condition get out clause, I asked to have the PPI cancelled and was told that if i did this my loan interest rate would increase from 10.9 --to 24.9, can they do this ???. any help appreciated

thanks
Bud

JIMMY101_2

Got a letter 4 weeks ago from Natwest saying they needed more time, included was a FSO leaflet saying i was well within my rights to contact the fso as it had been over eight weeks.

Thought, why are they doing this? so i went to my branch and requested an appointment there and then with my manager. He looked into my case and said they had been a request for the loan infomation from the group in Edinburgh, as they couldnt find the paper work they never replied (hence the long wait). I told my manager that i was miss sold my ppi and also that my income was calculated on the deposits that i made through paypal by selling things on ebay as well as my wage. This morning i was offered £8921.41 to restructure my loan, fuming i went to my bank and requested the repayments kept the same and the length of the loan adjusted to suit the £8921.41 refund.

Tomorrow i should see £8921.41 credited to my account and two years knocked off my repayments.

Many thanks Martin.:T :T:beer: :T

nicola_j69

I took out a loan with Yorkshire bank in Jan 2004 for 5yrs. During the meeting in which this was arranged I was given the monthly repayment amount but I was never given the option of payments without insurance. As the payment has been a monthly sum I have no idea how much is insurance and how much is actual repayment of the loan. Does any one think I have grounds for reclaiming and if so how do I find out how much per month has been insurance?
Hope I've posted this in the right section I wanted to ask a question but could only find option for reply! If I'm wrong could someone redirect me please

RiaAnn

nicola_j69 wrote: »

I took out a loan with Yorkshire bank in Jan 2004 for 5yrs. During the meeting in which this was arranged I was given the monthly repayment amount but I was never given the option of payments without insurance. As the payment has been a monthly sum I have no idea how much is insurance and how much is actual repayment of the loan. Does any one think I have grounds for reclaiming and if so how do I find out how much per month has been insurance?
Hope I've posted this in the right section I wanted to ask a question but could only find option for reply! If I'm wrong could someone redirect me please

You are in the right place. You could send off Martin's first template letter without giving any figures of how much you are reclaiming and see how that goes. You could also ask for copies of all the documentation in the same letter, you are entitled to this through Data protection act.

RiaAnn

I have partial success from the insurance arm of Lloyds. The loan was refinanced twice so 3 PPI policies in total with partial refunds given from the first two. They have agreed to refund the PPI from the first 2 (less the refunds given at the time), but nothing on the last - no admission of blame of course. So my question is should I negotiate for a refund on the last one, or do I risk loosing the offer I have? Has anyone had any negative consequences of not accepting a first offer?

Also the basis for disputing the third is a bit more tenuous. My OH knew he had PPI but didn't realise on re-financing they had sold him a new one each time. - although he can't remember much about the "sale" surely if they had done their job in selling it correctly he would have realised he was buying a new PPI policy. (When the original one was sold my OH was unempoyed, but not when 2nd and 3rd were sold) Any similar situations? Likely hood of success?

YEOSAL

Kaia wrote: »

Hi any advice for my POC please ? mcolak..... ? tiggrae......?
How does this sound....
I HAVE to get it done ready to go on MONDAY.....
Really dont want to mess up ....because what I've done is.....
I have copied/adapted bits from different ones as i have no idea what to put, any chance you could just look it over and see if it makes sense...and all the bits "ACTS" are correct?
CHEERS:D

At the time of undertaking the credit agreement, the Claimants were mis-led into procuring Payment Protection Insurance as part of the overall credit.
The policy was not defined nor explained and not considered "optional".The Claimants were told that the PPI was absolutely necessary to obtain the associated credit.
This is in breach of CCCA 1974, where a company must be fit to be involved in activities the licence covers.
The policy was not fit for purpose as Mr K's employers operate a policy of death in service benefits full pay for 12 months of sickness in addition to this there was critical illness cover and life insurance already in place.
PPI only applied to 5 years rather than full term. This is also in breach of Unfair Terms in Consumer Contract Regulations 1999, where a term is unfair if “contrary to the requirement of good faith if it causes a significant inbalance in parties rights and obligations under the contract, to the detriment of consumers”.
There was over-reliance on information sent through the post, which again breaches CCA 1974 and is therefore negligent in line with 1967 Misrepresentation Act.
Under CC P18 claimant requests full documentary evidence of absolute compliance with best practise in sale of PPI and detailed record of training undertaken by staff.
The Claimant further contends that if the Insurance was applied correctly, that the Agreement was not executed in accordance with the Consumer Credit Act 1974;
i) As the Insurance was in fact a charge for credit on the Conditional Sale Agreement, it could not also be part of the credit on the additional insurances agreement as under section 9 (4) CCA credit charges cannot be treated as credit even where time is given for their payments
ii) If the Insurance was not a charge for credit in respect of the Conditional Sale Agreement, as it was compulsory, it was a charge for credit on the additional insurances and under section 9 (4) CCA credit charges cannot be treated as credit
iii) For the reasons stated in either (i) or (ii) above, the agreement for additional insurances failed to state the correct amount of credit and did not comply with paragraph 2, schedule 6, which requires that regulated agreements contain as a prescribed term stating the correct amount of credit
iv) The agreement for additional insurances was therefore improperly executed under section 61 (1)(a) of the CCA.



Theres no way thats going to fit in MCOL form, so I think I'll just do it through my local court instead
( probably have to do it TUESDAY then though ...because its BAnk Holiday Monday isnt it !)

I will get there eventually!!!

Hi
I have only put basic info in my particulars of claim as on MCOL only limited amounts of space. Particulars of claim also should include the statement of interest if you are claiming it. I hope I have done mine right as nowhere near as complex. Only act I have relied on is Misrepresentation Act 1967. I have listed dates and values and why I have been mis-sold. Have had success with claim with DFS but waiting on Lloyds TSB and done one for Lombard tonight for over 9k!!

I am worried now that I have messed them up, oops!

miaoww

Posted previously under loans but then found this thread-
basically have a dilema in that have been trying to reclaim ppi from first plus they have sent a letter offering enhanced rebate of the insurance policy calculated on a pro rata basis of 78% of the premium (originally was £15183.80) (22 % being held back for provision of claims and admin costs!) - we havent made any claims?!
Offer is enhanced ? rebate of 5,423.35 in addition to the 2,274.83 that will be applied to your loan account on cancellation of the policy.
additional refund is made with no admission of liability by insurers or first plus and is a good will gesture.
They dont make it easy to understand!
Basicall loan started in 6/06 for consolidation of other debts plus consolidation of first plus so initial loan was £62,000. plus the protection 15183.80
total 77183.80
am I to assume they will take this amount off any outstanding amount then monthly payments should decrease -
should i try to ask for full amount as having financial difficulties which is why its tempting to accept offer - what if we dont get full amount can we still accept this offer?
any advice gratefully recieved
thanks