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PPI Reclaiming discussion Part II

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  • marshallka
    marshallka Posts: 14,585 Forumite
    tiggrae wrote: »
    one was for mis selling, the other for early redemption so in both held First Plus responsible - they don't like it though and are fighting me all the way
    Did you not ever fight Bespoke for it or get any response at all from them??
    Were they Freedom Finance claims to begin with.???

    Did you use section 75 because i have it in writing from them that this is not applicable to any type of finance and only Credit cards.
  • bathgatebuyer
    bathgatebuyer Posts: 2,522 Forumite
    Part of the Furniture Combo Breaker
    Every hour I spend on my case, I put a tally mark in my case file. So far, it's at 87 hours!!! Every letter has been sent recorded and they are now up at £17 worth of recorded delivery letters............................and that doesn't include the hours of frustration felt too.
    Almost debt-free, but certainly even with the Banks!
  • money2008
    money2008 Posts: 89 Forumite
    Hi
    I have received my 2nd reply from beneficial today
    My letters consisted of the following points..............
    1st Letter
    I wish to cancel my PPI as I was misold this polcy this is due to the fact you have been fined by the FSA for failing to treat your customers fairly when selling PPI and I do not feel it was sold in my best interests.
    I contacted you on 27/05 & 28/05 and was informed that I could only cancel the policy if I took out a new credit agreement. Unless you can satifactorily justify to me that the policy was fair & reasonable I am requesting a full refund of all premiums & interest
    2nd Letter
    I was advised I was unable to cancel unless another loan agreement was taken out
    When I originally took the loan out I was told I would not have been given the loan if I did not take out the PPI - I have since been told this is not true
    I consider that I have been misold this expensive insurance which I do not need and which I do not want etc etc

    this is what they have said.........

    "Following further review of the points you have raised, I must inform you that the banks position regarding your complaint remains as stated in the final response letter of 13th June and we have nothing further to add to this matter.
    I must advise that you have exhausted the banks internal complaints procedure and no correspondence will be entered into regarding this matter unless it is received from the FO service"

    Do you think I have a good case to put forward to the FO??
  • leedspete_2
    leedspete_2 Posts: 163 Forumite
    Part of the Furniture Combo Breaker
    got a letter from welcome saying they will cancel the ppi but have said owt about repaying the £98 i have already paid they have recalculated my loan down from £282 a month down to £182 a month
  • di3004
    di3004 Posts: 42,579 Forumite
    money2008 wrote: »
    Hi
    I have received my 2nd reply from beneficial today
    My letters consisted of the following points..............
    1st Letter
    I wish to cancel my PPI as I was misold this polcy this is due to the fact you have been fined by the FSA for failing to treat your customers fairly when selling PPI and I do not feel it was sold in my best interests.
    I contacted you on 27/05 & 28/05 and was informed that I could only cancel the policy if I took out a new credit agreement. Unless you can satifactorily justify to me that the policy was fair & reasonable I am requesting a full refund of all premiums & interest
    2nd Letter
    I was advised I was unable to cancel unless another loan agreement was taken out
    When I originally took the loan out I was told I would not have been given the loan if I did not take out the PPI - I have since been told this is not true
    I consider that I have been misold this expensive insurance which I do not need and which I do not want etc etc

    this is what they have said.........

    "Following further review of the points you have raised, I must inform you that the banks position regarding your complaint remains as stated in the final response letter of 13th June and we have nothing further to add to this matter.
    I must advise that you have exhausted the banks internal complaints procedure and no correspondence will be entered into regarding this matter unless it is received from the FO service"

    Do you think I have a good case to put forward to the FO??

    Hi there Money2008
    I would definately put in a complaint to the FOS.
    You can also do this online if your not aware of this.
    Don't forget to also provide copies of anything to back your complaint, like the paperwork you feel that would help you.

    The complaints procedure with Beneficial have now exhausted so its time to move on with the FOS.
    If you require further info/advice hunni, someone will get back to you.
    Good luck hun.;)

    Di.
    xx
    The one and only "Dizzy Di" :D
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    money2008 wrote: »
    Hi
    I have received my 2nd reply from beneficial today
    My letters consisted of the following points..............
    1st Letter
    I wish to cancel my PPI as I was misold this polcy this is due to the fact you have been fined by the FSA for failing to treat your customers fairly when selling PPI and I do not feel it was sold in my best interests.
    I contacted you on 27/05 & 28/05 and was informed that I could only cancel the policy if I took out a new credit agreement. Unless you can satifactorily justify to me that the policy was fair & reasonable I am requesting a full refund of all premiums & interest
    2nd Letter
    I was advised I was unable to cancel unless another loan agreement was taken out
    When I originally took the loan out I was told I would not have been given the loan if I did not take out the PPI - I have since been told this is not true
    I consider that I have been misold this expensive insurance which I do not need and which I do not want etc etc

    this is what they have said.........

    "Following further review of the points you have raised, I must inform you that the banks position regarding your complaint remains as stated in the final response letter of 13th June and we have nothing further to add to this matter.
    I must advise that you have exhausted the banks internal complaints procedure and no correspondence will be entered into regarding this matter unless it is received from the FO service"

    Do you think I have a good case to put forward to the FO??
    when did you take out the loan / ppi ??
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    marshallka wrote: »
    Did you not ever fight Bespoke for it or get any response at all from them??
    Were they Freedom Finance claims to begin with.???

    Did you use section 75 because i have it in writing from them that this is not applicable to any type of finance and only Credit cards.
    which is utter rubbish, have asked where on the legislation is says it's only applicable to Credit Cards - waiting for their final response
  • di3004
    di3004 Posts: 42,579 Forumite
    singlep wrote: »
    If a FSA reg company goes into liquidation then compensation for complaints upheld at FOS is provided by the Financial Services Compensation Scheme. Some companies try to rise from the ashes following closure, these are called Phoenix companies and are illegal. Contact the FSA as something is wrong here.


    Singlep I came across these.
    http://www.pyv.co.uk/default.aspx

    Did you mention about these in another post somewhere ? Thx.;)
    The one and only "Dizzy Di" :D
  • GhostHunter_3
    GhostHunter_3 Posts: 710 Forumite
    tiggrae wrote: »
    if you submit a claim for an illness which pre-dates your taking out the PPI policy it will simply not pay out - the insurance company will request a medical report from your Doctor which will confirm the pre-existing condition and they'll not pay all - all of which will probably take at least 3 months


    Hi Thanks for that advice. I rang all 4 companies to question it again and you are right. Although I was told by 1 that if I had not been receiving any treatment for the 12 months imediately prior to the start date of the policy then it was ok, even though I had definately had the condition in pre existance for many years before that. As you said they will write to my dr to find this out anyway. But I hold no hope for it being valid.

    I have since also called back the credit card companies to ask for the income & expenditure forms so I can at least submit a proposal to deal with the debts. 3 of them were most helpful and said they were in the post. 1 has said they will not send the form as I am now unemployed and cannot confirm that circumstances of income will change in the next 6 - 8 months. Therefore I have 2 choices, I can eithr find and pay them £95 of arears in 1 go immediately, when the amount I am over my credit limit will have been taken back to my limit and I will have grace for another month as its reset.

    Otherwise I will go over 92 days, when it does this they automatically send it to a collections company who will deal with it as a bad debt :mad: and more than likely let it go to a court case to decide my repayments. :eek: I expressed my anxiety that I did not wish this and I was actually trying to offer a set repayment each month to bring my account down and that I had already cut up my credit card. However I was told they wouldnt be able to help as I cannot show that finacial circumstances will improve over the next 3 - 6 months! Asides which my offer of £20 maximum a month wouldnt be accepted as it wouldnt cover enough of the debt to make a difference over 3 months!

    Im really terrified now as I dont want to be taken to court obviously and they wont send me an income / expenditure form to make a proposal.

    What do I do? Can I just make a proposal anyway based on what I have left after the other 3 cards have (hopefully) accepted? Can I go back to the CCCS and ask their advice and help?

    Im so miserable now because no one wants me to help me to help myself. :huh: :cry: _pale_ :wall:
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    Hi Thanks for that advice. I rang all 4 companies to question it again and you are right. Although I was told by 1 that if I had not been receiving any treatment for the 12 months imediately prior to the start date of the policy then it was ok, even though I had definately had the condition in pre existance for many years before that. As you said they will write to my dr to find this out anyway. But I hold no hope for it being valid.

    I have since also called back the credit card companies to ask for the income & expenditure forms so I can at least submit a proposal to deal with the debts. 3 of them were most helpful and said they were in the post. 1 has said they will not send the form as I am now unemployed and cannot confirm that circumstances of income will change in the next 6 - 8 months. Therefore I have 2 choices, I can eithr find and pay them £95 of arears in 1 go immediately, when the amount I am over my credit limit will have been taken back to my limit and I will have grace for another month as its reset.

    Otherwise I will go over 92 days, when it does this they automatically send it to a collections company who will deal with it as a bad debt :mad: and more than likely let it go to a court case to decide my repayments. :eek: I expressed my anxiety that I did not wish this and I was actually trying to offer a set repayment each month to bring my account down and that I had already cut up my credit card. However I was told they wouldnt be able to help as I cannot show that finacial circumstances will improve over the next 3 - 6 months! Asides which my offer of £20 maximum a month wouldnt be accepted as it wouldnt cover enough of the debt to make a difference over 3 months!

    Im really terrified now as I dont want to be taken to court obviously and they wont send me an income / expenditure form to make a proposal.

    What do I do? Can I just make a proposal anyway based on what I have left after the other 3 cards have (hopefully) accepted? Can I go back to the CCCS and ask their advice and help?

    Im so miserable now because no one wants me to help me to help myself. :huh: :cry: _pale_ :wall:
    FIRSTLY DON'T DESPAIR - WE WANT TO HELP YOU !!!!!

    Right 2 issues here - firstly all your PPI was mis sold - go back to main forum and see how to start re-claiming against each - tell them you've been in touch and they won't pay out due to pre-existing condition so you should NEVER have been sold the policies in the first place.

    2. you've sorted 3 of the 4 credit cards, on the fourth you've attempted to negotiate a settlement, therefore, I suggest you make an appointment with the Citizens Advice Bureau who are EXTREMELY helpful and knowledgeable regarding debts and ask them to negotiate with the 4th Company - I'm certain they will be able to help. The company won't take you to court they'll just handover to debt collection agency who hardly ever start proceedings, so don't worry there - go to the CAB, get there advice and keep in touch
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