PPI Reclaiming discussion Part II

marshallka

wow, this about First plus is good news. (the staff will be better off working elsewhere in the long run:D ).

They tried to sell it on at a LOSS but now they are closing it. What happens to the customers now. (or claimants???)

There is so much more to this - i can feel it. I posted about the other Firstplus sister to our Firstplus in america on here a few months back.

Neil Radley says
Managing director Neil Radley blamed 'slowing demand' for the decision to cut jobs.
'We have tried a whole range of activities to develop our business but the market simply isn't strong enough,' he said.

He could of tried honesty for one and fair trading for another.

Also i wonder if any of the staff are a little fed up with how they are being treated and want to hit back. That would be good if they joined the forum and passed on vital information for us all to use against them (Barclays).

Surely they are not going to stay loyal to the end.

di3004

Okay folks I know I have kept on about this one and apologies......:o .

Because Click dissolved I emailed the liquidators again just for further information because I told them I would like to SAR them, the gent emailed back from the liquidators and said he believes that - that actual Click is no more and the Click group now are completely new to these, but I suppose even these people are not going to know everything.

I could still try by sending off a request for a SAR because the compliance guy from the Click group said he would look to see if he had any information on us then let me know before I SAR them, but think I may as well do this anyway despite if they have any info on me or not, they will then have to return the payment back to me otherwise.

It seems like I will not be able to pursue through a company that do not exist anymore but if the above Click happens to have the SAR info then I don't see why I should pursue through these........please suggest otherwise follks, thanks.;)

Going back to HFC as you know they were fined for mis selling PPI, where Click were linked to these, if all else fails do you think I should try as a last resort of taking this to the HFC bank ?

Soz for all the questions and my long posts , but your feedback is well appreciated, thanks folks.

Di.
xx

moo_cow

hi all, got a letter back this morning from lloyds tsb insurance dept concerning the complaint I made about miss- selling on my loan last year.
I took the loan out in january 2007 and cancelled the ppi (when I realised I could) in january 2008. Thye wouldn't just cancel it they made me refinance it into a new loan for the balance.
anyway, forgive me if this is long-winded but this is what they've said. It reads :

your concern
You believe you have been mis sold the Loan Protection Policy as the sales person did not make you aware of the exclusions when the policy was sold as you have pre-existing medical conditions.

My Findings
Lloyd's tsb's sales process required the seller during the course of the sales interview to draw the attention of the customer to the exclusions in the policy relating to pre-existing medical conditions. This would be a general explanation that cover under the policy would not apply in the event that the customer wished to claim for a pre-existing medical condition. Cover does of course apply (subject tp policy terms) if the customer claims as a result of any different illness or sickness notwithstanding the existence of the pre-existing medical condition. The Financial Ombudsman |Service has stated that it is not necessary for customers to be asked about their medical history when they apply for a policy which excludes pre-existing medical conditions. It is enough that they are made aware that the policy contains such an exclusion- and are given clear information about how it will operate.
As part of a process leading to the sale of the Payment Protection Insurance, the seller completed for you a document entitled "your personal summary and our recommendations". This document contained a section which prompted the seller to enquire about the existence of any pre-existing medical conditions.
If the customer provided detail of a condition the seller would record the detail in addition to explaining the limitations under the policy. The system would not allow the seller to complete the document and print it out until the seller had confirmed whether the customer had disclosed a pre-ecisting medical condition. If the customer raised a pre-existing medical condition then they would be told that the policy would not cover in respect of that condition (subject to certain conditions). In your case, there is no evidence to suggest that you raised the existence of a pre-existing medical condition at the point of the sale despite being asked.
In the circumstances, I am rejecting your complaint.



this is just the first bit of the letter. as for my being asked..... I was asked if I worked, I was asked if i've ever had or currently have a bad back. that was the sum of my interrogation by the 'seller'. I definately remember before she started rabbiting on ( it was a phone sale by the way) actually stating 'no thank you, I don't want the payment protection thing'. she then went on and on like a school headmistress so much so that I just let her carry on. Again she was aware of the fact that I claim disability living allowance because I told her when she asked me if I had any seperate income to my husband. she only asked about bad backs I remember that much.

They have sent me a copy of my signed loan agreement. I have signed both boxes. They are saying that I agreed to be legally bound by it's terms by signing. well of course i did. I was told to sign (it tells me to do so on the agreement on both boxes) and how can the loan be processed if you don't sign the loan agreement ?????

It's not for a huge amount by the way. i'm trying to reclaim around £730 plus interest of course. but it's money i've shelled out and i'd like it back. I always do the loans online and have never taken out ppi as it's money for old rope as far as i'm concerned. I had 2 small loans with them owing less than £2000 (neither with ppi) between them and this is what she consolidated into that new loan.

any advice on where to go from here would be gratefully recieved.

di3004

kinikki wrote: »

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

That's cool then Kinikki hun, its the last stages if it goes as far as this.;)
Finger crossed then it should not be too long now then.;)

I take it that FP were regulated then hun by the General Insurance (GISC) for the FOS to be prepared to look at this ? (when you first had this)? Cool.
Unfortunately one of our loan claims with Endeavour through Click brokers were not regulated where we did still try for the FOS but it was sent back..... , but will keep trying despite that.

Hope you hear very soon, everything crossed here for you.;)

Di.
xx

marshallka

di3004 wrote: »

Okay folks I know I have kept on about this one and apologies......:o .

Because Click dissolved I emailed the liquidators again just for further information because I told them I would like to SAR them, the gent emailed back from the liquidators and said he believes that - that actual Click is no more and the Click group now are completely new to these, but I suppose even these people are not going to know everything.

I could still try by sending off a request for a SAR because the compliance guy from the Click group said he would look to see if he had any information on us then let me know before I SAR them, but think I may as well do this anyway despite if they have any info on me or not, they will then have to return the payment back to me otherwise.

It seems like I will not be able to pursue through a company that do not exist anymore but if the above Click happens to have the SAR info then I don't see why I should pursue through these........please suggest otherwise follks, thanks.;)

Going back to HFC as you know they were fined for mis selling PPI, where Click were linked to these, if all else fails do you think I should try as a last resort of taking this to the HFC bank ?

Soz for all the questions and my long posts , but your feedback is well appreciated, thanks folks.

Di.
xx

Di, if HFC owned your "click" at the time of your loan then go to them for the money back. You have to send them the letter for misselling and wait til you get a final response. Head it HFC trading as "click whatever it was). Then go to the FOS if you can with HFC. You have to try this way. Nothing lost is there.

HFC regulated by FSA in 2001 so you are ok here. type the number in the FSA register and all details are there.

204483 - HFC Bank Limited

endeavour was linked to them Click on appointed reps and then previous names

Registered Name Endeavour Personal Finance Limited 07/09/2004

kinikki

marshallka wrote: »

wow, this about First plus is good news. (the staff will be better off working elsewhere in the long run:D ).

They tried to sell it on at a LOSS but now they are closing it. What happens to the customers now. (or claimants???)

There is so much more to this - i can feel it. I posted about the other Firstplus sister to our Firstplus in america on here a few months back.

Neil Radley says
Managing director Neil Radley blamed 'slowing demand' for the decision to cut jobs.
'We have tried a whole range of activities to develop our business but the market simply isn't strong enough,' he said.

He could of tried honesty for one and fair trading for another.

Couldn,t agree more.That was my worry about what happens with claims
against them but as they belong to Barclays I assume its business as normal
for claims.Hope so anyway.
Kinikki

kinikki

di3004 wrote: »

That's cool then Kinikki hun, its the last stages if it goes as far as this.;)
Finger crossed then it should not be too long now then.;)

I take it that FP were regulated then hun by the General Insurance (GISC) for the FOS to be prepared to look at this ? (when you first had this)? Cool.
Unfortunately one of our loan claims with Endeavour through Click brokers were not regulated where we did still try for the FOS but it was sent back..... , but will keep trying despite that.

Hope you hear very soon, everything crossed here for you.;)

Di.
xx

Thanks Di,
Fos agreed to take on complaint when I phoned to enquire if it was covered by them, they never mentioned who it was regulated with at time just said they could look at it and sent out forms.Sorry to hear that they wouldn,t look at yours its really unfair as if its missold they should really look at all complaints regulated or not when you think that the FSA and Oft are investigating PPI.
Kinikki

di3004

moo_cow wrote: »

hi all, got a letter back this morning from lloyds tsb insurance dept concerning the complaint I made about miss- selling on my loan last year.
I took the loan out in january 2007 and cancelled the ppi (when I realised I could) in january 2008. Thye wouldn't just cancel it they made me refinance it into a new loan for the balance.
anyway, forgive me if this is long-winded but this is what they've said. It reads :

your concern
You believe you have been mis sold the Loan Protection Policy as the sales person did not make you aware of the exclusions when the policy was sold as you have pre-existing medical conditions.

My Findings
Lloyd's tsb's sales process required the seller during the course of the sales interview to draw the attention of the customer to the exclusions in the policy relating to pre-existing medical conditions. This would be a general explanation that cover under the policy would not apply in the event that the customer wished to claim for a pre-existing medical condition. Cover does of course apply (subject tp policy terms) if the customer claims as a result of any different illness or sickness notwithstanding the existence of the pre-existing medical condition. The Financial Ombudsman |Service has stated that it is not necessary for customers to be asked about their medical history when they apply for a policy which excludes pre-existing medical conditions. It is enough that they are made aware that the policy contains such an exclusion- and are given clear information about how it will operate.
As part of a process leading to the sale of the Payment Protection Insurance, the seller completed for you a document entitled "your personal summary and our recommendations". This document contained a section which prompted the seller to enquire about the existence of any pre-existing medical conditions.
If the customer provided detail of a condition the seller would record the detail in addition to explaining the limitations under the policy. The system would not allow the seller to complete the document and print it out until the seller had confirmed whether the customer had disclosed a pre-ecisting medical condition. If the customer raised a pre-existing medical condition then they would be told that the policy would not cover in respect of that condition (subject to certain conditions). In your case, there is no evidence to suggest that you raised the existence of a pre-existing medical condition at the point of the sale despite being asked.
In the circumstances, I am rejecting your complaint.



this is just the first bit of the letter. as for my being asked..... I was asked if I worked, I was asked if i've ever had or currently have a bad back. that was the sum of my interrogation by the 'seller'. I definately remember before she started rabbiting on ( it was a phone sale by the way) actually stating 'no thank you, I don't want the payment protection thing'. she then went on and on like a school headmistress so much so that I just let her carry on. Again she was aware of the fact that I claim disability living allowance because I told her when she asked me if I had any seperate income to my husband. she only asked about bad backs I remember that much.

They have sent me a copy of my signed loan agreement. I have signed both boxes. They are saying that I agreed to be legally bound by it's terms by signing. well of course i did. I was told to sign (it tells me to do so on the agreement on both boxes) and how can the loan be processed if you don't sign the loan agreement ?????

It's not for a huge amount by the way. i'm trying to reclaim around £730 plus interest of course. but it's money i've shelled out and i'd like it back. I always do the loans online and have never taken out ppi as it's money for old rope as far as i'm concerned. I had 2 small loans with them owing less than £2000 (neither with ppi) between them and this is what she consolidated into that new loan.

any advice on where to go from here would be gratefully recieved.

Hi Moo-Cow.;)

In my opinion this is just a standard letter Lloyds sent out regarding PPI complaints, mine with LLoyds Tsb is with the FOS, because I even sent them a 2nd letter to ask them to reconsider, which they did not change !

Have they said its their final response hun ?
If not really you should write again, add further information to help support this, then you should receive another letter either to say they have upheld, this is my experience with Lloyds is very rare, or it will say they have not changed their decision and that at that point you can move on to the FOS (Financial Ombudsman Service).
Going by the FOS they are able to look at these cases as long as the firm has supplied you with their final response.

Get another letter into these hun, personally I would give them 14 days, others may suggest 28 days. But also in my opinion Lloyds are very slow in getting back, so I do tend to keep on at them with emails, but this does not make much difference really hun.

What they wrote in your above letter from these, its all basic standard fob off letters, so it isn't over yet hun, they do hope that will be the last they hear from you but you need show it will not be the last time, and please mention about the FOS on this next letter anyway, I expect they're used to these letters but at least your doing what you should be doing to exhaust these procedures, then if no luck leave it to the FOS to sort out for you.

Please come back if you need further info hun, they will help you as much as possible on here.
Good luck.

Di.
xx

di3004

kinikki wrote: »

Thanks Di,
Fos agreed to take on complaint when I phoned to enquire if it was covered by them, they never mentioned who it was regulated with at time just said they could look at it and sent out forms.Sorry to hear that they wouldn,t look at yours its really unfair as if its missold they should really look at all complaints regulated or not when you think that the FSA and Oft are investigating PPI.
Kinikki

Thx Kinikki hun, no worries I will try to find my way around it, so its not over yet, its a relief to know that some of these loan companies were regulated - thank goodness lol.
Your case sounds promising hun, my last claim it went as far as the ombudman itself from the adjudicator due to the loan company then not budging, but at least with these complaints being upheld it looks promising for you.;) .

I hope you hear something very soon hunni.

Di.
xxx

di3004

marshallka wrote: »

Di, if HFC owned your "click" at the time of your loan then go to them for the money back. You have to send them the letter for misselling and wait til you get a final response. Head it HFC trading as "click whatever it was). Then go to the FOS if you can with HFC. You have to try this way. Nothing lost is there.

HFC regulated by FSA in 2001 so you are ok here. type the number in the FSA register and all details are there.

204483 - HFC Bank Limited

endeavour was linked to them Click on appointed reps and then previous names

Registered Name Endeavour Personal Finance Limited 07/09/2004

Your amazing hunni......;) , I agree I think I have more to go by here haven't I ?;)
Okay will get a letter sorted here, do have my template used from Endeavour but obviously a bit more info will have to be added.
Thx so much hunni, I know you did recommend this to me earlier, but yep the more I think of it I just want to do it, so here goes............
please watch this space lol........:D .

Cheers hunni, a star you are.
xxx