PPI Reclaiming discussion Part II

di3004

di3004 wrote: »

Hi hunni, you are not stupid hun.......;) , we all live and learn, been there and done it, so no worries hun, your in the right place for help and guidance and made a start by doing this, so well done to you.;)

I would send off one of Martin's templates hun, and I know you are limited, but if you've hardly information I believe an SAR would be useful too, you will have this then to back you with your complaints, I found some very useful information in some of my SAR's that have helped win past claims. So hopefully, if you get the SAR done today, send off by recorded post as soon as, today if you have time, add the £10 cheque payment, check out who to send the payment too, like if they have a separate compliance dept, and hopefully this should be with you before the 40 days deadline.
Its entirely up to you but the more info the better hunni.

Sorry for missing this but how long ago was it again when you had this product hun ?

Di
xxx

Kareno, just found your first post regarding this one, sorry I sort of missed it earlier, but yep time is running out, send out one of Martin's templates on here for as soon as, then in the meantime still request a SAR, at least if this does go to the FOS you will and should have some information from the SAR to back up your complaint.;)
I'm sure the advice you will receive from Tiggrae and Marshallka will be a big help to you too.;)
Good luck
Di.
xxx

kareno

di3004 wrote: »

Hi hunni, you are not stupid hun.......;) , we all live and learn, been there and done it, so no worries hun, your in the right place for help and guidance and made a start by doing this, so well done to you.;)

I would send off one of Martin's templates hun, and I know you are limited, but if you've hardly information I believe an SAR would be useful too, you will have this then to back you with your complaints, I found some very useful information in some of my SAR's that have helped win past claims. So hopefully, if you get the SAR done today, send off by recorded post as soon as, today if you have time, add the £10 cheque payment, check out who to send the payment too, like if they have a separate compliance dept, and hopefully this should be with you before the 40 days deadline.
Its entirely up to you but the more info the better hunni.

Sorry for missing this but how long ago was it again when you had this product hun ?

Di
xxx

It was 6 years ago this week that I got the cheque from the loan.
Thanks again, Di. You've all been really helpful. I will get onto that asap.

tiggrae

marshallka wrote: »

Could they use section 32 of the limitations act Tiggrae or try to. I have read lots on the consumer forums where this has been used.

I wish all the Bespoke/Freedom customers would use this against them.

I know this is really off topic but could this section 32 be used against a claim for Tax credits for 2001/02 as the deadline was January, 2008 for claims of the £520 due to people and we did not claim it. We did not know anything about it so could we use this against a claim for this amount now.

sent you a PM

di3004

Marshallka

I really don't know a great deal about Bespoke hun, but this link below are these the same ?

http://www.bespokeifa.myifa.net/

marshallka

di3004 wrote: »

Marshallka

I really don't know a great deal about Bespoke hun, but this link below are these the same ?

http://www.bespokeifa.myifa.net/

Di, thanks for that.(these are not akin to them) I have all i need to know about them on file. (Its just a waiting game now):mad:

tiggrae

marshallka wrote: »

Could they use section 32 of the limitations act Tiggrae or try to. I have read lots on the consumer forums where this has been used.

I wish all the Bespoke/Freedom customers would use this against them.

I know this is really off topic but could this section 32 be used against a claim for Tax credits for 2001/02 as the deadline was January, 2008 for claims of the £520 due to people and we did not claim it. We did not know anything about it so could we use this against a claim for this amount now.

On the limitations act - making a complaint within the 6 year time limit is oviously advantagous - however, when circumstances mean you haven't then my approach to the limitation issue is to not mention it unless it is raised by the loan company - at which point write back expressing your disappointment that they are trying to hide behind limitation, and that you consider that the limitation period will not apply due to section 32 and/or section 14A of the Limitation Act 1980.

You will find plenty of information and caselaw available to support all three exclusions outlined in section 32.

Should the claim escalate into a county court action, I would only include it in your POC's if it has been raised by the loan company as a reason for them not refunding. If they then raise it in their defence I would suggest you file a response to their defence using all three sub-sections on an "and/or" basis - and I would also include section 14A as well, just to be absolutely sure.

chipbeck

tiggrae wrote: »

if you're trying to reclaim going back to 1996 the courts will not support this as it's way outside the 6 year statute of limitations, however, you could try from when GE took over as you can prove cancellation and re-instatement - when did that take place?

I'll check up later tiggrae thanks for the help. In a nutshell this lot have simply done what they want and I'd be happy to get anything back for the misses. I'd accept from when GE took over as the only concrete evidence is the initial CCA. So in effect they are saying she cancelled something she never had and then reinstated it.

kinikki

Hi all,
Just read about the closure of Firstplus as of 9/8/08 to new bussiness with the loss of 300 jobs.They are only keeping 130 staff to deal with existing customers my question is will this have any impact on PPI relaims with this company.Any info would be appreciated as currently have claim against them with FOS which they are fighting tooth and nail.
Kinikki

tiggrae

kinikki wrote: »

Hi all,
Just read about the closure of Firstplus as of 9/8/08 to new bussiness with the loss of 300 jobs.They are only keeping 130 staff to deal with existing customers my question is will this have any impact on PPI relaims with this company.Any info would be appreciated as currently have claim against them with FOS which they are fighting tooth and nail.
Kinikki

Firstplus are part of the barclays group - when barclays go down it's time for us all to run for the hills

ps when did you take out your loan / ppi with firstplus ?

kinikki

Took loan/ppi out Dec 04.FOS have upheld claim and it has been passed now to Ombudsman for final decision.FP have again raised matters which are been looked into at the moment so don,t no how long this will take.
Many Thanks Kinikki