PPI Reclaiming discussion Part II

marshallka

di3004 wrote: »

Hi folks.;)

Just wondering out of curiosity really, but has anyone ever tried requesting a SAR (subject assess request) from the loan providers Insurers ?
Any luck ?

I am not sure if these would be of any help or so but can't remember where I read this from but someone was advised to try to pursue their ppi claim through these due to the loan company not being regulated at the time but the insurers was..... , so I am interested to find out more information on this if possible, cheers folks.;)

Di.
xx

I read this on thisismoney. I posted it some time back. I will try to find the link i put on for Kaia.

found it here

http://www.thisismoney.co.uk/ask-an-expert/insurance/article.html?in_article_id=419974&in_page_id=136

m.colak

bridle wrote: »

Unfortunatly no i didnt, i did state that they sold me the PPI which was not suitable due to pre-existing medical conditions which there representative was fully aware of me pre-existing medical condition.

Unfortunatly part of the problem was that the 6 year limit was virtually up so i had to either issue immediatly or loose the right to claim as it was the claim was issued the day before the 6 year limitation.

Ok the easiest solution is to re-issue the case under the same number. Exactly as if you got the address wrong you can alter the case to add or remove details. It only will change the date when the case is sent to court and not the issued date getting you round the snag. It might mean you have too wait another month in the scheme of things but its better to have the case watertight then take a case to court and lose it on a technicallity.

di3004

marshallka wrote: »

I read this on thisismoney. I posted it some time back. I will try to find the link i put on for Kaia.

found it here

http://www.thisismoney.co.uk/ask-an-expert/insurance/article.html?in_article_id=419974&in_page_id=136

Cheers Marshallka.;)

Infact I do have my own story on that site of 'thisismoney' my story of Nemo/PPI, will see if I can find it and post the link here shortly.;)

di3004

Marshallka and to everyone who are interested, here is a story of mine that was added in 'thisismoney' back in October 2006 regarding a Mis Sold PPI, the advance was finally won when it went into the FOS,I will of course try to reclaim from the beginning of the loan now with the 3rd party brokers/back to front claim I know lol, but here is the link if you would like a read.;)

http://www.thisismoney.co.uk/campaigns/loansinsu/article.html?in_article_id=413869&in_page_id=506

marshallka

di3004 wrote: »

Marshallka and to everyone who are interested, here is a story of mine that was added in 'thisismoney' back in October 2006 regarding a Mis Sold PPI, the advance was finally won when it went into the FOS,I will of course try to reclaim from the beginning of the loan now with the 3rd party brokers/back to front claim I know lol, but here is the link if you would like a read.;)

http://www.thisismoney.co.uk/campaigns/loansinsu/article.html?in_article_id=413869&in_page_id=506

wow, you made the news. So did you then have another with nemo to claim. I am lost now.

di3004

marshallka wrote: »

wow, you made the news. So did you then have another with nemo to claim. I am lost now.

Lol, well this actual claim we won was during the loan advance with Nemo loans, but we did not think then about when we were first sold by the brokers of e-loan at the time, both me and hubby used to accept insurance thinking we had to, it was only during the advance stage we had learnt it was optional going by what was in the media, so we are also going to try to pursue on the first one too.

Sorry did I make that clear ? lol

On the findings of what the ombudsman added on the paperwork from themselves, he was only dealing with the PPI on the loan advance and not that of the start of the loan from the brokers of e-loan, because we wanted to cancel the ppi in the advance stage when we learnt of the mis selling of this product, he stated we should try to pursue the first one with the brokers as a separate issue, as he understood we then had no knowledge of this product and how it worked.

Hopefully when we go to pursue on this one, this information from the FOS has helped in our favour.;)

Sorry for the confusion and hope I have not confused you anymore.;)

Di.xx

marshallka

di3004 wrote: »

Lol, well this actual claim we won was during the loan advance with Nemo loans, but we did not think then about when we were first sold by the brokers of e-loan at the time, both me and hubby used to accept insurance thinking we had to, it was only during the advance stage we had learnt it was optional going by what was in the media, so we are also going to try to pursue on the first one too.

Sorry did I make that clear ? lol

On the findings of what the ombudsman added on the paperwork from themselves, he was only dealing with the PPI on the loan advance and not that of the start of the loan from the brokers of e-loan, because we wanted to cancel the ppi in the advance stage when we learnt of the mis selling of this product, he stated we should try to pursue the first one with the brokers as a separate issue, as he understood we then had no knowledge of this product and how it worked.

Hopefully when we go to pursue on this one, this information from the FOS has helped in our favour.;)

Sorry for the confusion and hope I have not confused you anymore.;)

Di.xx

Why would FOS not help with the second one as well? Is it outside jursidiction. Its so annoying when they know that these policies have not been sold correctly and they can do nothing about it. Perhaps FOS ought to be allowed more jurisdiction and this rule of what is and isn't within their jurisdiction widened to allow more help without the courts and the stress to us all. We are not legally minded enough to know these things and i know from my own experience this has resulted in me losing my mind at times. I regret ever having out loan at all and knowing what i found out at settling it (which i should of been explained on application) i definately would of struggled along without. Good luck with this one di.

di3004

marshallka wrote: »

Why would FOS not help with the second one as well? Is it outside jursidiction. Its so annoying when they know that these policies have not been sold correctly and they can do nothing about it. Perhaps FOS ought to be allowed more jurisdiction and this rule of what is and isn't within their jurisdiction widened to allow more help without the courts and the stress to us all. We are not legally minded enough to know these things and i know from my own experience this has resulted in me losing my mind at times. I regret ever having out loan at all and knowing what i found out at settling it (which i should of been explained on application) i definately would of struggled along without. Good luck with this one di.

I agree Marshallka.;)

Because the actual complaint was regarding the way Nemo had sold the loan/PPI during the advance (as heard also on discs provided), as we tried to cancel also as heard by the ombudsman themselves, but the adviser from Nemo would not allow us to do this at the time on the sale over the phone, the FOS claims that the first loan was different and arranged by the 3rd party brokers themselves where we had accepted the loan but was not explained this which was yes still inside the jurisdiction period of Nov 2005 (FSA regulated), so he said these are 2 separate loans as an advance is classed as a brand new loan.

Received over £12K bank with the advance PPI when won and with the first one we are hoping to reclaim approx £9K.;)

Have not even attempted this yet, as I have been going through the SAR information, (lots to get through) lol, then will be sending off that letter to the brokers of e-loan who did not advise on anything when selling this product.;)

Will keep you posted of the progress of this.

Cheers.
Di.
xx

marshallka

di3004 wrote: »

I agree Marshallka.;)

Because the actual complaint was regarding the way Nemo had sold the loan/PPI during the advance (as heard also on discs provided), as we tried to cancel also as heard by the ombudsman themselves, but the adviser from Nemo would not allow us to do this at the time on the sale over the phone, the FOS claims that the first loan was different and arranged by the 3rd party brokers themselves where we had accepted the loan but was not explained this which was yes still inside the jurisdiction period of Nov 2005 (FSA regulated), so he said these are 2 separate loans as an advance is classed as a brand new loan.

Received over £12K bank with the advance PPI when won and with the first one we are hoping to reclaim approx £9K.;)

Have not even attempted this yet, as I have been going through the SAR information, (lots to get through) lol, then will be sending off that letter to the brokers of e-loan who did not advise on anything when selling this product.;)

Will keep you posted of the progress of this.

Cheers.
Di.
xx

What about tiggraes section 75 of CCA to claim from the other company as equal liability
http://www.financial-ombudsman.org.uk/publications/ombudsman-news/62/62-consumer-credit.htm

http://66.102.9.104/search?q=cache:2c7qgvbyEbwJ:www.oft.gov.uk/shared_oft/reports/consumer_credit/oft303.pdf+section+75+cca+1974+and+loan+agreements&hl=en&ct=clnk&cd=4&gl=uk



(Although firstplus denied this existed and still do)

di3004

marshallka wrote: »

What about tiggraes section 75 of CCA to claim from the other company as equal liability
http://www.financial-ombudsman.org.uk/publications/ombudsman-news/62/62-consumer-credit.htm

http://66.102.9.104/search?q=cache:2c7qgvbyEbwJ:www.oft.gov.uk/shared_oft/reports/consumer_credit/oft303.pdf+section+75+cca+1974+and+loan+agreements&hl=en&ct=clnk&cd=4&gl=uk

Thanks for this link Marshallka, will take a browse .


I do hope yours sorts out too hun, its our money and your like me, you hate seeing this happen to others too, I was reading some posts over on 'thisismoney' and its very disheartening isn't it ?

Since all this in the media I can't believe on how much credit we have taken out over the years where this insurance is automatically added, yet I always used to think it was part of being accepted for credit, think that may be a common issue.
We have all been screwed with our money, and we won't give up, no matter how long it takes.;)
You seem to have great knowledge in this field hun as welll as Tiggrae and others here, and I do think we learn a lot from each other also.;)

At least we are aware for the future not to get ripped off again, even though these companies will still flippin try their damn hardest for us to take their "recommended products"......:mad: .

I called into Argos a few weeks ago bought a watch, not a expensive one, and they tried to push the insurance on that, I soon told them they were pushing the wrong person here......:D, and I made a point of telling them the insurance was not worth it and it was more expensive than the watch itself, the girl walked away feeling very embarrassed lol.....:o .

Everything crossed for you too hun.;)

Di
xx